Page images
PDF
EPUB

Where pos

not adverse

the act, the

red until

been the possession or receipt of or by the person to whom or to whose agent such acknowledgment shall have been given at the time of giving the same, and the right of such tastmentioned person, or any person clai ng through him, to make an entry or distress or bring an action to recover such land or rent shall be deemed to have first accrued at and not before the time at which such acknowledgment, or the last of such acknowledgments, if niore than one, was given.

XV. Provided also, and be it further enacted, session is That when no such acknowledgment as aforeat the time said shall have been given before the passing of of passing this act, and the possession or receipt of the right shall profits of the land, or the receipt of the rent, not be bar- shall not at the time of the passing of this act have been adverse to the right or title of the person claiming to be entitled thereto, then such afterwards. person, or the person claiming through him, may, notwithstanding the period of twenty years herein-before limited shall have expired, make an entry or distress or bring an action to recover, such land or interest at any time within five years next after the passing of this act.

the end of

five years

Persons under disabi

yond seas,

person

shall

XVI. Provided always, and be it further lity, of in- enacted, That if at the time at which the right fancy, lu- of any person to make an entry or distress or nacy, cover- bring an action to recover any land or rent shall ture, or be- have first accrued as aforesaid, such and their have been under any of the disabilities hereinrepresenta- after mentioned, (that is to say,) infancy, covertives, to be allowed ten ture, idiotcy, lunacy, unsoundness of mind, or years from absence beyond seas, then such person, or the the termina- person claiming through him, may, notwithdisability or standing the period of twenty years hereindeath. before limited shall have expired, make an entry

tion of their

or distress or bring an action to recover such land or rent at any time within ten years next after the time at which the person to whom such right shall first have accrued as aforesaid shall hariceased to be under any such disability, or shai have died (which shall have first happened.)

[ocr errors]

shall be

years

after

action ac

XVII. Provided nevertheless, and be it fur- But no acther enacted, That no entry, distress, or action tion, &c. shall be made or brought by any person who, brought he time at which his right to make an entry beyond forty or distress or to bring an action to recover any land or rent shall have first accrued, shall be under the right of any of the disabilities herein-before mentioned, crued. or by any person claiming through him, but within forty years next after the time at which such right shall have first accrued, although the person under disability at such time may have remained under one or more of such disabilities during the whole of such forty years, or although the term of ten years from the time at which he shall have ceased to be under any such disability, or have died, shall not have expired.

allowed for

lities.

XVIII. Provided always, and be it further No further enacted, That when any person shall be under time to be any of the disabilities herein-before mentioned a succession at the time at which his right to make an entry of disabior distress or to bring an action to recover any land or rent shall have first accrued, and shall depart this life without having ceased to be under any such disability, no time to make an entry or distress or to bring an action to recover such land or rent beyond the said period of twenty years next after the right of such person to make an entry or distress or to bring an action to recover such land or rent shall have first accrued, or the said period of ten years

Scotland,

the adjacent

next after the time at which such person shall have died, shall be allowed by reason of any disability of any other person.

XIX. And be it further enacted, That no Ireland, and part of the united kingdom of Great Britain islands, not and Ireland, nor the Islands of Man, Guernsey, Jersey, Alderney, or Sark, nor any Island addeemed be- jacent to any of them (being part of the dominions of his majesty,) shall be deemed to be beyond seas within the meaning of this act.

to be

yond seas.

When the

right to an

estate in possession

XX. And be it further enacted, That when the right of any person to make an entry or distress or bring an action to recover any land or rent to which he may have been entitled for the right of an estate or interest in possession shall have been barred by the determination of the period herein-before limited, which shall be applicable

is barred,

the same

person to future

estates shall in such case, and such

also be barred.

Where te

is barred,

time

shall at person any during the said period have been entitled to any other estate, interest, right, or possibility, in reversion, remainder, or otherwise, in or to the same land or rent, no entry, distress, or action shall be made or brought by such person, or any person claiming through him, to recover such land or rent, in respect of such other estate, interest, right, or possibility, unless in the meantime such land or rent shall have been recovered by some person entitled to an estate, interest, or right which shall have been limited or taken effect after or in defeasance of such estate or interest in possession.

XXI. And be it further enacted, That when nant in tail the right of a tenant in tail of any land or rent remainder to make an entry or distress or to bring an men, whom action to recover the same shall have been barhe might

have barred, red by reason of the same not having been made or brought within the period herein-before li

shall not

recover.

mited, which shall be applicable in such case, no such entry, distress, or action shall be made or brought by any person claiming any estate, interest, or right which such tenant in tail might lawfully have barred.

tenant in

remainder

XXII. And be it further enacted, That when Possession a tenant in tail of any land or rent, entitled to adverse to a recover the same, shall have died before the tail shall expiration of the period herein-before limited, run on which shall be applicable in such case, for against the making an entry or distress or bringing an men whom action to recover such land or rent, no person he might claiming any estate, interest, or right which have barred. such tenant in tail might lawfully have barred shall make an entry or distress or bring an action to recover such land or rent but within the period during which, if such tenant in tail had so long continued to live, he might have made such entry or distress or brought such action.

any

assurance, by a tenant

XXIII. And be it further enacted, That when Where a tenant in tail of any land or rent shall have there shall have been made an assurance thereof which shall not ope- possession rate to bar an estate or estates to take effect under an after or in defeasance of his estate tail, and person shall by virtue of such assurance, at the in tail, time of the execution thereof, or at any time which shall afterwards, be in possession or receipt of the not bar the remainders, profits of such land, or in the receipt of such they shall rent, and the same person, or any other person be barred at whatsoever (other than some person entitled to the end of such possession or receipt in respect of an estate years after which shall have taken effect after or in defea- the time sance of the estate tail,) shall continue or be in when the such possession or receipt for the period of if then exetwenty years next after the commencement of cuted, the time at which such assurance, if it had then would have

twenty

assurance,

barred them.

No suit in equity to

be brought after the

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 twenty 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.

XXIV. And be it further enacted, That after the said thirty-first day of December one thousand eight hundred and thirty-three no person time when claiming any land or rent in equity shall bring the plaintiff, if entitled' any suit to recover the same but within the peat law, riod during which by virtue of the provisions might have herein-before contained he might have made an brought an entry or distress or brought an action to recover action. the same respectively if he had been entitled at law to such estate, interest, or right in or to the same as he shall claim therein in equity.

In cases of express trust, the

not be

deemed to

XXV. Provided always, and be it further enacted, That when any land or rent shall be right shall vested in a trustee upon any express trust, the right of the cestuique trust, or any person claiming through him, to bring a suit against crued until the trustee, or any person claiming through him, a convey- to recover such land or rent, shall be deemed to ance to a have first accrued, according to the meaning of purchaser. this act, at and not before the time at which

have ac

such land or rent shall have been conveyed to a purchaser for a valuable consideration, and shall then be deemed to have accrued only as against such purchaser and any person claiming through him.

XXVI. And be it further enacted, That in

« PreviousContinue »