(F) Ordinary Notice to Quit-Landlord to Tenant. I require you to quit and deliver up to me my house and premises in your possession, on the next, situate at this day of day of To Mr. A. B., Tenant. (G) Notice to Quit by Tenant. SIR,--I shall deliver up to you on the next, your house and premises situate at Form of Summons by Judge of County Court or by two Justices A. B. of of the Peace. , having made the affidavit required by law, we therefore require you to appear before the day of next, (or instant) at on to shew cause if you have any, why you should not deliver up to the said A. B the premises described in said affidavit. -Dated this day of To Mr. C. D. E. F., J. C. C, (or as case may be). (I) Writ of Possession and Execution. To the Sheriff of Whereas A. B. claims the premises situate [here describe the premises] now in the possession of C. D., who holds over and refuses to deliver them up, the matter having been heard before us pursuant to law, we do adjudge that the said A. B. shall be forthwith put in possession, and shall recover his costs, being besides your fees for executing this writ; you are hereby commanded to put the said A. B. into immediate possession of said premises, and that you levy of the goods and chattels of the said C. D. the sum of for his costs, besides your fees; and for want of goods and chattels, that you take the said C. D. and deliver him to the keeper of the gaol of the said County, who will safely keep him for [one day for every forty cents of the costs, not to exceed in the whole fifty days] days, unless said costs and fees be sooner paid, and make return hereof and what you have done within days from this date.-Dated this day of A. D. 18 E. F., J. C. C. (as case may be.) Section. CHAPTER 84. LIMITATION OF REAL ACTIONS Section. 1 Limitation of actions by the 16 Where disabilities, when party Crown. 2 Construction of terms. 3 When entry may be made. 4 When right to make entry first accrues. 5 When right to make entry in case of forfeiture, &c. may sue. 1. No claim for lands or rent shall be made, or action brought by Her Majesty, after a continuous adverse possession of sixty years. 2. The words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a dif ferent meaning,shall in this Chapter, except where the nature of the provision or the context of the Chapter shall exclude such construction, be interpreted as follows, that is to say: The word "land" shall extend to messuages and all other corporeal hereditaments whatsoever, 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 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 the word "person" shall extend to a body politic, corporate, or collegiate, and to a class of creditors or other persons, as well as an individual. 3. No person shall make an entry, or bring an action to recover any land,but within twenty years next after the time atwhich the right to make such entry, 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 to bring such action shall have first accrued to the person making or bringing the same. 4. In the construction of this Chapter, the right to make an entry, or bring an action to recover any land, 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 some person through whom he claims, shall, in res. pect of the estate or interest claimed, have been in possession,or in receipt of the profits of such land, and shall while entitled thereto have been dispossessed, or have discontinued such possession or receipt,then such right shall be deemed to have first accrued at the time of such dispossession or discontinuance of possession, or at the last time at which any such profits were so received; and when the person claiming such land 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 shall claim in respect of an estate or interest in possession, granted, appointed or otherwise assured by an 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, 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, and no person shall have obtained the possession or receipt of the profits of such land 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 land, 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. 5. But when any right to make an entry, or to bring an action to recover any land, 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 lands shall not have been recovered by virtue of such right, the right to make an entry or bring an action to recover such land 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. 6. A right to make an entry, or to bring an action to recover any land, 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 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. 7. For the purposes of this Chapter, an administrator claiming the estate or interest of the deceased 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. 8. When any person shall be in possession, or in receipt of the profits of any land 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 bring an action to recover such land, 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; but no mortgagor or cestui que trust shall be deemed to be a tenant at will within the meaning of this clause, to his mortgagee or trustee. 9. When any person shall be in possession, or in receipt of the profits of any land as tenant from year to year, or other period, without any lease in writing, the right of the person entitled subject thereto, or the person through whom he claims, to make an entry or bring an action to recover such land, 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 any such tenancy shall have been received, (which shall last happen). 10. When any person shall be in possession, or in receipt of the profits of any land, by virtue of a lease in writing,by which a rent amounting to the yearly sum of four dollars 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 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,subject to such lease, or of the person through whom he claims, to make an entry or to bring an action after the determination of such lease, |