Real Property Limitation Act 1878 (WA)
WESTERN AUSTRALIA
ANNO QUADRAGESIMO SECUNDO
VICTORIE REGINA
No. 6
An Act for the further limitations of Actions and Suits
relating to Real Property.
[Assented to 3rd truly, 1878.
| HEREAS it is expedient further to limit the times within Land or Rent, and of charges thereon : Be it enacted by His | Imperial Acts, 37 |
| ..t.; 38 57 ; | |
| W which Actions or Suits may be brought for the recovery of Excellency the Governor of Western Australia, by and with the advice | 3 & 4 W4, 0.27; |
| 7 W. 4; 1 Vie., | |
| C. ;28 | |
| and consent of the Legislative Council thereof, as follows :- | |
| 1. After the commencement of this Act, no person shall make an entry or distress, or bring an action or suit, to recover any land or | No laud or rent to be recovered |
| but within | |
| rent, but within twelve years next after the time at which the right to | twelve years |
| after the right of | |
| make such entry or distress, or to bring such action or suit, shall have | action accrual |
| first accrued to some person through whom he claims ; or if such right shall not have accrued to any person through whom he claims, then within twelve years next after the time at which the right to make such entry or distress, or to bring such action or suit, shall have first accrued to the person making or bringing the same. | |
| Provision for | |
| 2. A right to make an entry or distress, or to bring an action or suit, to recover any land or rent, shall be deemed to have first accrued, | ease of future |
| estates | |
| in respect of an estate or interest in reversion or remainder, or other future estate or interest, at the time at which the same shall have become an estate or interest in possession, by the determination of any estate or estates in respect of which such land shall have been held, or the profits thereof or such rent shall have been received, notwith- standing the person claiming such land or rent, or some person through |
42 VICTORLIE. No.
Real Property—Limitation of Actions and Suits
whom he claims, shall at any time previously to the creation of the estate or estates which shall have determined, have been in the possession or the receipt of the profits of such land, or in receipt of
| Time limited to | such rent : but if the person last entitled to any particular estate on |
| six years when | |
| person entitled | which any future estate or interest was expectant shall not have been |
| to the particular | |
| estate out of | in the possession or receipt of the profits of such land, or in receipt of |
| possession, &c. | such rent, at the time when his interest determined, no such entry or distress shall be made, and no such action or suit shall be brought, by any person becoming entitled in possession to a future estate or interest, but within twelve years next after the time when the right to make an entry or distress, or to bring an action or suit, for the recovery of such land or rent, shall have first accrued to the person whose interest shall have so determined, or within six years next after the time when the estate of the person becoming entitled in possession shall have become vested in possession, whichever of those two periods shall be the longer ; and if the right of any such person to make such entry or distress, or to bring any such action or suit, shall have been barred under this Act, no person afterwards claiming to be entitled to the same land or rent in respect of any subsequent estate or interest under any deed, will, or settlement, executed or taking effect after the time when a right to make an entry or distress, or to bring an action or suit, for the recovery of such land or rent, shall have first accrued to the owner of the particular estate whose interest shall have so determined as aforesaid, shall make any such entry or distress, or bring any such action or suit, to recover such land or rent. |
| In cases of in- | 3. If at the time at which the right of any person to make an |
| fancy, °overture, |
| or lunacy at the | entry or distress, or to bring an action or suit, to recover any land or |
| time when the | rent, shall have first accrued as aforesaid, such person shall have |
| right of action | |
| accrues then | been under any of the disabilities hereinafter mentioned (that is to say) |
| six years to be | infancy, coverture, idiocy, lunacy, or unsoundness of mind, then such |
| allowed from the | |
| termination of | person, or the person claiming through him, may notwithstanding the |
| the disability or | |
| previous death | period of twelve years, or six years (as the case may be), hereinbefore limited shall have expired, make an entry or distress, or bring an action or suit to recover such land or rent, at any time within six years next after the time at which the person to whom such right shall first have accrued shall have ceased to be under such disability, or shall have died (whichever of those two events shall have first happened). |
| No time to be | 4. The time within which any such entry may be made, or any after the commencement of this Act be extended or enlarged by reason of the absence beyond seas during all or any part of that time of the person having the right to make such entry, or to bring such action or suit, or of any person through whom he claims. |
| allowed for | |
| absence beyond | such action or suit may be brought as aforesaid, shall not in any case |
| seas |
| Thirty years | 5. No entry, distress, action, or suit shall be made or brought by |
| ance for disabili- any person who at the time at which his right to make any entry or | utmost allow- | |
|
42 VICTORDE. No. 6
Real Property—Limitation of Actions awl Suits
whole of such thirty years, or although the term of six years from the time at which he shall have ceased to be under any such disability, or have died, shall not have expired.
6. When a tenant in tail of any land or rent shall have made an In ease of posses-
| assurance thereof which shall not operate to bar the estate or estates | :1=er:A |
| to take effect, after or in defeasance of his estate tail, and any person | tenantin ta il |
shall by virtue of such assurance at the time of the execution thereof, i;..airiettesii2r. or at any time afterwards, be in possession or receipt of the profits of geetiTIVIaa such land, or in receipt of such rent, and the same person, or any end 'of twelve
| other person whosoever (other than some person entitled to such foeT.Toedafgr„tihilath | possession or receipt in respect of an estate which shall have taken theassurance ifthen execu ted | |
| effect after or in defeasance of the estate tail) shall continue or be in w haveouhl | ||
| such possession or receipt for the period of twelve years next after the barred them | ||
| commencement of the time at which such assurance, if it had then been executed by such tenant in tail, or the person who would have been entitled to his estate tail if such assurance had not been executed, would, without the consent of any other person, have operated to bar such estate or estates as aforesaid, then, at the expiration of such period of twelve years, such assurance shall be and be deemed to have been effectual as against any person claiming any estate, interest, or right, to take effect after or in defeasance of such estate tail. | ||
|
barred at end of
twelve years
| his mortgage, the mortgagor or any person claiming through him, | front the timewhen the molt- |
| shall not bring any action or suit to redeem the mortgage, but within | gagee took pos- session or from |
| twelve years next after the time at which the mortgagee obtained | the last written |
| such possession or receipt, unless in the meantime au acknowledgment | acknowledgment |
| in writing of the title of the mortgagor, or of his right to redemption shall have been given to the mortgagor or some person claiming his estate, or to the agent of such mortgagor or person, signed by the mortgagee or the person claiming through him ; and in such case no such action or suit shall be brought, but within twelve years next after the time at which such acknowledgment, or the last of such acknowledgments, if more than one was given ; and when there shall be more than one mortgagor or more than one person claiming through the mortgagor or mortgagors, such acknowledgment, if given to any of such mortgagors or persons, or his or their agent, shall be as effectual as if the same had been given to all such mortgagors or persons ; but where there shall be more than one mortgagee, or more than one person claiming the estate or interest of the mortgagee or mortgagees, such acknowledgment, signed by one or more of such mortgagees or persons, shall be effectual only as against the party or parties signing as aforesaid, and the person or persons claiming any part of the mortgage money or land or rent, by, from, or under him or them, and any person or persons entitled to any estate or estates, interest or interests, to take effect after or in defeasance of his or their estate or estates, interest of interests, and shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money or land or rent ; and where such of the mortgagees or persons aforesaid as shall have given such acknowledgment shall be entitled to a divided part of the land or rent comprised in the mortgage, |
42 VICTORI)E. No. 6
Real Property—Limitation of Actions and Suits
or some estate or interest therein, and not to any ascertained part of the mortgage money, the mortgagor or mortgagors shall be entitled to redeem the same divided part of the land or rent on payment, with interest, of the part of the mortgage money which shall bear the same proportion to the whole of the mortgage money as the value of such divided part of the land or rent shall bear to the value of the whole of the land or rent comprised in the mortgage.
Money charged
| upon land and | 8. No action or suit or other proceeding shall be brought to |
| legacies to be | recover any sum of money secured by any mortgage, judgment, or |
| deemed satisfied | lien, or otherwise charged upon or payable out of any land or rent, |
| at | the end of |
| twelve years if at law or in equity, or any legacy but within twelve years next after a | nor acknowledg-interest paid present right to receive the same shall have accrued to some person | |||
| ||||
| Act to be mad 9. From and after the commencement of this Act, all the pro- | ||||
| with 3 & 4 Wm. 4,c. 27 (Orin. visions of the Act of the Imperial Parliament, passed in the session of | ||||
| T:7) 6 Wm4 the third and fourth years of the reign of his late Majesty King | ||||
| certain of which William the Fourth, chapter twenty-seven (adopted by the Ordi- | ||||
| ||||
| read in reference thereof next hereinafter mentioned, shall remain in full force, and | ||||
| this Act shall be construed together with this Act, and shall take effect as if theto alteration by |
provisions hereinbefore contained were substituted in such Act for the provisions contained in the sections thereof numbered two, five, sixteen, seventeen, twenty-three, twenty-eight, and forty, respectively (which several sections, from and after the commencement of this Act, shall be repealed), and as if the term of six years bad been mentioned, instead of the term of ten years, in the section of the said Act numbered eighteen, and the period of twelve years had been men- tioned in the said section eighteen instead of the period of twenty years.
| Mortgagees with. 10. It shall and may be lawful for any person entitled to or claim- | in the definition i | |
| in & 4 win. 4, ing under any mortgage of land, being land within the definition con- | ||
| 0.27, s.1,3nay tamed in the first section of the said Act (8 & 4 Wm. 4, cap. 27) tobring actions to | ||
| ||
| ||
| payment of pan- any part of the principal money or interest secured by such mortgage, | ||
| canal or interest although more than twelve years may have elapsed since the time at | ||
| r wfis. 4 &I- vie., c. 28which the right to make such entry or bring such action or suit in |
equity shall have first accrued, anything in the said Act notwith-
standing.
| Time for recover. | 11. After the commencement of this Act no action, suit, or other |
ing charge and
| arrears of in- | proceeding shall be brought to recover any sum of money or legacy |
terest not to be charged upon or payable out of any land or rent, at law or in equity,enlarged by
| express trust for and secured by an express trust, or to recover any arrears of rent or of | raising same interest in respect of any sum of money or legacy so charged or pay- |
42 VICTORI2E. No. 6
Real Property—Limitation of Actions and Suits
able, and so secured, or any damages in respect of such arrears, except within the time within which the same would be recoverable if there were not any such trust.
12. This Act may be cited as the ' Real Property Limitation Act, short
1878.'
| 13. This Act shall commence and come into operation on the first commencement day of September, 1878. | of Act |
H. ST. GEORGE ORD,
GOVERNOR.
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