No. 6. Act 2 & 3 W. 4, c. 71. What time to be excluded in computing the term of forty years appointed by this Act. Not to extend to Scotland or Ireland. Commencement of Act. Act may be amended. hereinbefore mentioned, except only in cases where the right or claim is hereby declared to be absolute and indefeasible. VIII. Provided always, and be it further enacted, That when any land or water upon, over, or from which any such way or other convenient watercourse or use of water shall have been or shall be enjoyed or derived hath been or shall be held under or by virtue of any term of life, or any term of years exceeding Three years from the granting thereof, the time of the enjoyment of any such way or other matter as herein last before mentioned, during the continuance of such term, shall be excluded in the computation of the said period of Forty years, in case the claim shall within Three years next after the end, or sooner determination of such term be resisted by any person entitled to any reversion expectant on the determination thereof. IX. And be it further enacted, That this Act shall not extend to Scotland or Ireland. X. And be it further enacted, That this Act shall commence and take effect on the first day of Michaelmas term now next ensuing. XI. And be it further enacted, That this Act may be amended, altered, or repealed during this present session of Parliament. No. 7. Act 3 & 4 W. 4, c. 27. words in the Act. "Land." No. 7.-3 & 4 Wm. 4, ch. 27. An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for trying the Rights thereto. (24th July, 1833.) BE E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by Meaning of the the authority of the same, That the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows: (that is to say,) the word "land" shall extend to manors, messuages, and all other corporeal hereditaments whatsoever, and also to tithes (other than tithes belonging to a spiritual or eleemosynary corporation sole), and also to any share, estate, or interest in them or any of them, whether the same shall be a freehold or chattel interest, and whether freehold or copyhold, or held according to any other tenure; and the word "rent" shall extend to all heriots, and to all services and suits for which a distress may be made, and to all annuities and periodical sums of money charged upon or payable out of any land (except moduses or compositions belonging to a spiritual or eleemosynary corporation sole); and the person through whom another person is said to claim shall mean any person by, through, or under, or by the Act of whom the person so claiming became entitled to the estate or interest claimed, as heir, issue in tail, tenant by the courtesy of England, tenant in dower, successor, special or general occupant, executor, administrator, legatee, husband, assignee, appointee, devisee, or otherwise, and also any person who was entitled to an estate or interest to which the person so claiming, or "Rent." Person through whom another claims. No. 7. Act 3 & 4 W. 4, c. some person through whom he claims, became entitled as Lord by II. And be it further enacted, That after the Thirty-first day of December, One thousand eight hundred and thirty-three, no person shall make an entry or distress, or bring an action to recover any land or rent, but within Twenty years next after the time at which the right to make such entry or distress, or to bring such action, shall have 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 Twenty years next after the time at which the right to make such entry or distress, or to bring such action, shall have first accrued to the person making or bringing the same. "Persons" Number and 27. No land or rent to be recovered but within twenty years after the right of action accrued to the Claimant or some person whose estate he claims. When the right shall be deemed to have accrued : in the case of an Estate in Pos session; on Abatement or Death; III. And be it further enacted, That in the construction of this Act the right to make an entry or distress, or bring an action to recover any land or rent shall be deemed to have first accrued at such time as hereinafter is mentioned; (that is to say,) when the person claiming such land or rent, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in receipt of such rent, and shall while entitled thereto have been dispossessed, or have discontinued such possession or receipt, then on Dispossuch right shall be deemed to have first accrued at the time of such session; disposition or discontinuance of possession, or at the last time at which any such profits or rent were or was so received; and when the person claiming such land or rent shall claim the estate or interest of some deceased person, who shall have continued in such possession or receipt in respect of the same estate or interest until the time of his death, and shall have been the last person entitled to such estate or interest, who shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death; and when the person claiming such land on Alienation; or rent, shall claim in respect of an estate or interest in possession granted, appointed, or otherwise assured by any instrument (other than a will) to him, or some person through whom he claims, by a person being in respect of the same estate or interest in the possession or receipt of the profits of the land, or in the receipt of the rent, and no person entitled under such instrument shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid, or the person through whom he claims, became entitled to such possession or receipt by virtue of such instrument; and when the estate or interest claimed shall have been an estate or interest in reversion or remainder, or other future estate or interest, in case of future and no person shall have obtained the possession or receipt of the Estate; profits of such land, or the receipt of such rent in respect of such estate or interest, then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession; and when the person claiming such in case of Forfeiture or Condition. No. 7. Act 3 & 4 W. 4, c. 27. Where advantage of forfeiture is not taken by Remainderman, he shall have a new right when his estate comes into possession. Reversioner to have a new right. An Adminis trator to claim as if he obtained land or rent, or the person through whom he claims, shall have become entitled by reason of any forfeiture or breach of condition, then such right shall be deemed to have first accrued when such forfeiture was incurred, or such condition was broken. IV. Provided always, That when any right to make an entry or distress, or to bring an action to recover any land or rent, by reason of any forfeiture or breach of condition, shall have first accrued in respect of any estate or interest in reversion or remainder, and the land or rent shall not have been recovered by virtue of such right, the right to make an entry or distress or bring an action to recover such land or rent shall be deemed to have first accrued in respect of such estate or interest at the time when the same shall have become an estate or interest in possession, as if no such forfeiture or breach of condition had happened. V. Provided also, That a right to make an entry or distress or to bring an action to recover any land or rent shall be deemed to have first accrued, in respect of an estate or interest in reversion, 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, notwithstanding the person claiming such land, or some person through whom he claims, shall at any time previously to the creation of the estate or estates which shall have determined have been in possession or receipt of the profits of such land, or in receipt of such rent. VI. And be it further enacted, That for the purposes of this Act an administrator claiming the estate or interest of the deceased the estate with person of whose chattels he shall be appointed administrator shall be deemed to claim as if there had been no interval of time between the death of such deceased person and the grant of the letters of administration. out interval after death In the case deemed to have accrued at the end of one year. No person after a tenancy from VII. And be it further enacted, That when any person shall be in possession or in receipt of the profits of any land, or in receipt of any rent, as tenant at will, the right of the person entitled subject thereto, or of the person through whom he claims, to make an entry or distress, or bring an action to recover such land or rent, shall be deemed to have first accrued, either at the determination of such tenancy or at the expiration of one year next after the commencement of such tenancy, at which time such tenancy shall be deemed to have determined: Provided always that no mortgagor or cestuique trust shall be deemed to be a tenant at will within the meaning of this clause, to his mortgagee or trustee. VIII. And be it further enacted, That when any person shall be in possession or in receipt of the profits of any land, or in receipt of any rent as tenant from year to year or other period, without any lease in writing, the right of the person entitled subject thereto, or of the person through whom he claims, to make an entry or distress or to bring an action to recover such land or rent, last payment of shall be deemed to have first accrued at the determination of the first of such years, or other periods, or at the last time when any rent payable in respect of such tenancy shall have been received (which shall last happen). rent. Where rent amounting to 20s., reserved by a lease in IX. And be it further enacted, That when any person shall be in possession or in receipt of the profits of any land, or in receipt of any rent by virtue of a lease in writing by which a rent amount ing to the yearly sum of Twenty shillings or upwards, shall be reserved, and the rent reserved by such lease shall have been received by some person wrongfully claiming to be entitled to such land or rent in reversion immediately expectant on the determination of such lease, and no payment in respect of the rent reserved by such lease shall afterwards have been made to the person rightfully entitled thereto, the right of the person entitled to such land or rent subject to such lease, or of the person through whom he claims to make an entry or distress or to bring an action after the determination of such lease, shall be deemed to have first accrued at the time at which the rent reserved by such lease was first so received by the person wrongfully claiming as aforesaid; and no such right shall be deemed to have first accrued upon the determination of such lease to the person rightfully entitled. X. And be it further enacted, That no person shall be deemed to have been in possession of any land within the meaning of this Act merely by reason of having made an entry thereon. XI. And be it further enacted, that no continual or other claim upon or near any land shall preserve any right of making an entry or distress or of bringing an action. XII. And be it further enacted, That when any one or more of several persons entitled to any land or rent as coparceners, joint tenants, or tenants in common, shall have been in possession or receipt of the entirety, or more than his or their undivided share or shares of such land or of the profits thereof, or of such rent, for his or their own benefit, or for the benefit of any person or persons other than the person or persons entitled to the other share or shares of the same land or rent, such possession or receipt shall not be deemed to have been the possession or receipt of or by such lastmentioned person or persons, or any of them. No. 7. Act 3 & 4 W. 4, c. 27. writing shall have been wrongfully received on, right to accrue on the determination of the lease. A mere entry deemed continual claim. Possession of one coparcener, &c., not to be the possession of the others. younger brother not to be the possession of XIII. And be it further enacted, That when a younger brother or Possession of other relation of the person entitled as heir to the possession or receipt of the profits of any land, or to the receipt of any rent, shall enter into the possession or receipt thereof, such possession or receipt shall not be deemed to be the possession or receipt of or by the person entitled as heir. the heir. Acknowledg given to the person entitled, or his agent, to be equivalent to possession or receipt of rent. XIV. Provided always, and be it further enacted, That when any acknowledgment of the title of the person entitled to any land ment in writing or rent shall have been given to him or his agent in writing, signed by the person in possession or in receipt of the profits of such land or in receipt of such rent, then such possession or receipt of or by the person by whom such acknowledgment shall have been given shall be deemed, according to the meaning of this Act, to have 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 last-mentioned person or any person claiming 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 more than one, was given. XV. Provided also, and be it further enacted, That when no such acknowledgment as aforesaid shall have been given before the passing of this Act, and the possession or receipt of the profits of the land, or the receipt of the rent, shall not at the time of the Where possession is not adverse at the time of passing the Act, the right shall not No. 7. the end of infancy, lunacy, tives, to be allowed ten years from the termination of their disability or death. But no action, of action accrued. No further time to be allowed for a succession of disabilities. Scotland, Ireland, and the adjacent Islands not to be deemed beyond seas. When the right to an estate in possession is barred, the right of the same person to future estates shall also be barred. passing of this Act have been adverse to the right or title of the person claiming to be entitled thereto, then such 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. XVI. Provided always, and be it further enacted, That if at the time at which the right of any person to make an entry or distress or bring an action to recover any land or rent shall have first accrued as aforesaid such person shall have been under any of the disabilities hereinafter mentioned; (that is to say), infancy, coverture, idiotcy, lunacy, unsoundness of mind, or absence beyond seas, then such 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 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 have ceased to be under any such disability, or shall have died (which shall have first happened). XVII. Provided nevertheless, and be it further enacted, That no entry, distress, or action shall be made or brought by any person who, at the time at which his right to make an entry or distress or to bring an action to recover any land or rent shall have first accrued, shall be under any of the disabilities hereinbefore mentioned, 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. XVIII. Provided always, and be it further enacted, That when any person shall be under any of the disabilities herein before mentioned at the time at which his right to make an entry or 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 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 part of the United Kingdom of Great Britain and Ireland, nor the Islands of Man, Guernsey, Jersey, Alderney, or Sark, nor any island adjacent 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. 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 an estate or interest in possession shall have been barred by the determination of the period hereinbefore limited, which shall be applicable in such case, and such person shall at any time during the said period have been entitled to any other estate, interest, right, or possibility, |