« EelmineJätka »
Western Austratta, that the officer statt reside on the land for at least half the two years he is required to reside in the Colony and has made substantial and useful improvements to the extent of 10s. an acre, sueh residence and improvements to be certified by the resident magistrate of the district.]
8. Lapse of Claim of Crown Grant not applied for in
time. If application should not be made for a Crown grant in exchange for the location ticket within a twelvemonth from the expiration of the two years for which it was issued, the officer's claim will be considered as extinguished, and the land will absolutely revert to the
10. Provision in case of Death. But if an officer has obtained a memorandum of rank and service, and dies before he can obtain a location ticket, the Governor of the Colony is authorized to make the memorandum available as he may think proper in favour of a child or children or other nearest representative of the deceased, who will then become entitled to the same rights and be subject to the same conditions as attached to the deceased. In case an officer dies after the location ticket has been obtained, the land to which it refers will be granted to his legal representative. 11. Permanence of the Regulations cannot be
guaranteed. As the land regulations in the above-named Colonies are liable at any time to be altered, Her Majesty's Government cannot guarantee the permanence of these regulations, nor can the amount of remission in purchase money made to officers be increased on account of any increased value which may at any time be set upon the Crown lands in the Colony.
9. Land not transferable until Grant issued. No transfer of the land will be allowed or be valid until a Crown Grant thereof has been obtained.
STATUTES OF LIMITATION AFFECTING LANDS IN
ENGLAND AND THE COLONIES. 1. As regards the Crown. Originally no lapse of time barred the right of the Crown to recover land. The old maxim, however, of nullum tempus occurrit Regi, became so oppressive that it was found necessary, at an early period, to pass statutes of limitations, or, as they have been also called statutes of repose. But as the operation of these statutes was made to commence from some fixed date or event, unconnected with the cause of action, in process of time the limitation ceased to be of any practical effect, and fresh legislation had to be resorted to from time to time. The latest example is the 21st Jas. 1. cap. 2, which barred the right of the Crown after an adverse possession of 60 years, preceding the beginning of the session in which the Act was passed (19 February 1623). This Act was repealed by “ The Statute Law Revision Act, 1863,” 26 & 27 Vict. cap. 125. The statute now in force is the 9 Geo. 3. cap. 16. (amended so as to include lands in charge to the Crown, or standing insuper of Record by 24 & 25 Vict. cap. 62.), which provides that in suits relating to land the Crown shall be barred by the lapse of 60 years after the right to sue has first accrued.
2. As between subjects, the right of individuals and corporations is barred after 20 years. * But if
By a Government Bill now before Parliament (May 1873) it is proposed to make 10, instead of 20, years the barring limit, with a corresponding reduction in the case of claimants under disabilities.
when the right first accrues the claimant is under
This Act does not affect the Crown, and extends only to England and Ireland. There is also another Statute of Limitations, 2 & 3 Wm. 4. cap. 71., which extends only to England, for shortening the time of prescription, in the case of rights of common, rights of way, and use of, lights. The barring limits range from 20 to 60 years, and bind the Crown, except in the case of lights
. As regards the colonies, the law of England, so far as it may be applicable, becomes immediately and ipso facto in force in such of them as are acquired by occupancy. In those that are acquired by cession or conquest, their existing laws remain in force until charged by the Crown or other compe tent authority.
The following tabular statement shows the state of the law of limitation,
as far as it has been ascertained, in the several British colonies, both as it affects claims to land on the part of the Crown and of individuals. It will be seen that in most of the the two English Acts, 9 Geo. 3., and 3 & 4 Wm. t, prevail either by introduction with the settlers, or by virtue of local legislation.
colonies of British origin the main provisions of
TABLE SHOWING THE STATUTES OF LIMITATIONS IN THE COLONIES.
After what Time Right
barred as against
No local Statute of Limitations has
NORTH AMERICAN COLONIES.
Canada, title 19, cc. 4 and 6, s. 2.
been passed in respect of lands for this portion of Canada since it became &
As between individuals the Colonial Act 22 Vict. c. 88. follows the
As between individuals the Colonial Act 29 Vict. c. 12. (1866), follows the
9 Geo. 3. c. 16. and 3 & 4 Wm. 4. c. 27.
As between individuals, the Colonial Act 7 Wm. 4. c. 30. follows the
New Bruns- 60 years
Edward Island. Newfound
20 and 40
years. 20 and 40
As between individuals, the Colonial Act 13 Vict. c. 6. (1850) follows the No local laws.
20 and 40
English laws and statutes in force at the passing of the Act (25 July 1828),
As between individuals, the Colonial Act 8 Wm. 4. No. 3. (1837), adopts
As between individuals, the Colonial Act, 6 Wm. 4., No. 15., adopts the English Act, 3 & 4 Wm. 4. c. 27. The Colonial Act, 6 Wm. 4., No. 11 (amended by 3 Vict. Nos. 6 and 22, and 22 Vict., No. 10), provides for the settlement of disputed claims arising under " location orders or other
"authority of any Governor of New South Wales or this Colony." The English Act, 9 Geo. 3. c. 16., appears to be in force in this Colony, but not
the Amending Act, 24 & 25 Vict. c. 62., affecting land in charge to the Crown or standing insuper of record.
As between individuals, the colonial " Real Property Act, 1864," 27 Vict. No. 213, follows the Imperial Act 3 & 4 Wm. 4. c. 27., except that it reduces the barring limits from 20 to 15 years, and in cases of disability from 40 to
30 years. As regards the Crown, the Imperial Act 9 Geo. 3. c. 16, is in force, as the Colony was acquired by occupancy in 1836.
As regards individuals, the Imperial Act 3 & 4 Wm. 4. c. 27. is adopted by the Colonial Acts No. 6 of 1843 and No. 9 of 1848. No Colonial laws. The Attorney General (1872) is of opinion that no length
of time bars the Crown, and that the rights of individuals, inter se, are protected by the Statute of Limitations, - meaning doubtless the English Act 3 & 4 Wm. 4. c. 27.
WEST INDIA COLONIES.)
except the Act of 21 Jac. 1 c. 2., which only affects rights accrued previous
As between individuals, the Colonial Act 24 Vict. No. 157 (1860), s. 42. follows the Imperial Act 3 & 4 Wm. 4. c. 27., as amended by 19 & 20 Vict. c. 97. s. 10. There are no Crown lands in Barbados, and no local Statute of Limitations against the Crown.
As between individuals, the Local Laws No. 334 (27 August 1853), No.397, 19 Vict. c. 23. (1856), and No. 476 (1860), follow the Imperial Act 3 & 4 Wm. 4. c. 27. except that they reduce to 10 instead of 20 years the period within which proceedings must be taken in cases other than between mortgagors and mortgagees, and to-5 instead of 10 years, the period allowed after the
removal of disabilities.
As between individuals, the Local Act 9 Vict. c. 9. declares the Imperial
In 1844 Lord Stanley, when Secretary of State for the Colonies, instructed the
Governor not to press claims of the Crown against persons who had been in quiet possession for 20 years.
As between individuals, 20 years adverse possession from the time the right first accrues, is a complete bar, save against persons then under any legal disability (including imprisonment) who are allowed an additional period of seven years from the termination of the disability to prosecute their claims.-Colonial law passed in 1707.
British Gui- 33} years - 33} years
The Dutch law in existence at the date of the capitulation of the Colony
adverse possession for one
persons. Dominica Practically 20 years
The Imperial Act of Jac. I. c. 16., which bars the right of the Crown where no limita
there has been adverse possession for 60 years previous to the date of the tion.
Act (1623) is considered to be in force in Dominica.
As between individuals, 20 years adverse possession is held to give a good
title. Grenada No time as
As regards incorporeal hereditaments the provisions of the Imperial de regards
2 & 3 Wm. 4. c. 41.,
which hinds the Crown as well as individuals, have been lands or
adopted by the Local Act No. 131 (1845). corporeal
As regards private rights, the Act 3&4 Wm. 4. c. 27. has been adopted by heredita
Local Act No. 124 (1845). ments. Honduras 60 years
As regards the Crown, 60 years. Colonial Ordinance, No. 35, of 1872, sect, her
As regards individuals, by a Local Act, 18 Vict. c. 22. s. 7;, all Imperial lot relating, amongst other things, "to limitation of actions" not inconsistent
. By a Local Act in 1861 (24 Vict.": 18.) a landholder, on showing to the seating the title becomes indefeasible in the hands of a bona fide purchaser if not questioned within two years. The land itself,
however, if not alienated, ami registration. See also 1: Vict, d. 22., amended by 12 Vict. c. 13., and 29 Viet
its money value, if sold, continues liable to claimants during 10 years ofice Jamaica
years, The Colonial Attorney General (1872) states that the Imperial Acto Goelde
c. 16. limiting the rights of the Crown and the 3 & 4 Wm. A c. 27., limiting the
the Imperial Act 21 Jac. 1. c. 16., limiting the time for bringing certain real paid for
(1781) and 14 Geo. 3. c. 5. (1778). By the local Acts any person holding Montserrat
for 20 years, and who has been in actual possession for seven years, and
made improvements, has a good title against the Crown and all persons. St. Lucia No time 10 to 30 * The coutume de Paris,” the law of France before the Revolution of 1759.)
years. still in force in St. Lucia. Under this law there is no prescription against
As between individuals, undisputed possession by a just title and in
faith for 10 years where the claimant is within the jurisdiction, or 20 where he St. Kitts St. Vincent
No laws on the subject. regards
20 to 40 A Colonial Act, No. 305 (1869), bars the right of the Crown and private parties
As regards private rights to land, &c. the provisions of the Imperial Acts
in Colonial Law No. 84, 1851.
As regards the Crown no local law since the Colony capitulated to a British
force in 1797.
As between individuals, the Colonial Ordinance No. 10, of 1845, follows
years. No law.
No time as
AFRICAN AND MEDITERRANEAN COLONIES.
Same as in, The Imperial Acts on the subject have been declared in force in Gibraltar,
viz., the 21 Jac. c. 2., and 9 Geo. 3. c. 16., by the Charter of Justice of 1 Sept. 2 & 3 Wm. 4. c. 71 ;-by Ordinance No. 1 of 1833; -and the 3 & 4 Wm. 4. 6. 27. 1830 and the Queen's Order in Council of the 18th Nov. 1867 ;--the
and by Ordinance No. 1 of 1835.
Colonial Ordinance No.7. of 1868, part 2, title 25, c.'1. (finally assented to in regards
June 1869), provides that prescription cannot be pleaded against rights and land.
actions belonging to the Crown, except in four or five specified cases not relating to land.
As between individuals, cap. 4. of that Ordinance provides that he who in good faith and by a title capable of transferring a property, possesses an immoveable thing for 10 years, acquires the ownership of it. The lapse
of 30 years bars all actions, real, personal, and mixed. Sierra Leone Same as in Same as in By Colonial Ordinance No. 3 of 1862, all laws and statutes in force in England England. England. on the 1st of January 1862, not inconsistent with Colonial laws, are declared
to be in force in the Colony. Gambia
There is no local law on the limitation of actions and suits in respect of real
property in the Colony. Lagos Same as in Same as in By Colonial Ordinance No. 3 of 1863, all the laws and statutes in force in England. England. England on the 1st of January 1862, not being inconsistent with any ordi
nance of the Colony, are declared to be in force in the Colony. Cape of Good
It seems doubtful, according to the opinion of the Colonial Attorney General, Hope.
(1872) whether prescription runs in any case against the Crown.
As between individuals, adverse possession for 30 years is a bar. This rule has been substituted by Colonial Act No. 7. of 1865, for the Dutch rule
of one-third of a century. Natal
In this Colony the Roman-Dutch law prevails. A presumptive title to land,
whether against the Crown or individuals, is gained by 33} years adverse possession, and 40 years extinguishes every right, public or private, what
ever its cause, and by whomsoever it is asserted. St. Helena
No local law on the subject. But the Chief Justice states that the English
law would be held to prevail both in regard to the rights of the Crown and of individuals.
EASTERN COLONIES. Ceylon - 33} years 10 Ito 30 The rights of the Crown in Ceylon as. in British Guiana and the Cape are
years. governed by the Roman Dutch law, and are supposed to be barred by
adverse possession for one-third of a century ; but by Local Ordinance, No. 12 of 1840, s. 8, giving the Crown summary power to eject trespassers, it is provided that any person who, without grant or title, has taken possession, cultivated, or otherwise improved, Crown lands for not less than 10 or more than 30 years, shall, unless the land be required for public purposes, be entitled to a Crown grant on payment of half the improved value.
As between individuals, adverse possession for 10 years gives, under Ordinance No. 22 of 1871, an absolute title; but the 10 years does not begin to run against reversioners, remainder men, or persons under legal disabilities, till the right of possession accrues or the disability ceases. Thirty years undisturbed adverse possession gives an indefeasible title, notwith
standing disability, s. 14. Hong Kong - No local Same The law of England as it stood before the 5th of April 1843 is in force in
English Hong Kong. This includes the English Acts on the subject except the law.
24 & 25 Vict. c. 62 (1861). As all the land in the Colony is vested in the Crown, and held, where alienated, on Crown leases, no question is likely to
arise against the Crown. Mauritius
10 to 30 The law is stated to be the same in the case of the Crown and of individuals. years. A purchaser, if he has a "just" title, and acts bona fide, acquiring a good
title by adverse possession of from 10 to 20 years, according to circumstances. Adverse possession for 30 years gives an indefeasible title. It is doubtful whether the Seychelles come under the same law as Mauritius, as
those islands were not included in the capitulation of 10 December 1810. Straits Settle
As against the Crown, it is supposed that 60 years adverse possession would be ments.
held by the Supreme Court to be a bar.
As against individuals the Indian Act No. 14 of 1859 makes 12 years
adverse possession a bar to private claims to immoveable property. Labuan No local | No local | By custom if Crown lands are sold on which there are squatters, the squatter
case of refusal he is entitled to receive from the purchaser the value of the