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SHELFORD'S

REAL PROPERTY STATUTES,

INCLUDING

THE PRINCIPAL STATUTES RELATING TO

Real Property

PASSED IN THE REIGNS OF

KING WILLIAM IV. AND QUEEN VICTORIA;

WITH

NOTES OF DECIDED CASES.

EIGHTH EDITION,

BY

THOMAS H. CARSON, M.A.,

OF LINCOLN'S INN, BARRISTER-AT-LAW.

LONDON:

HENRY SWEET, MAXWELL & SON, & STEVENS & SONS,
Law Publishers.

HODGES, FOSTER & CO., GRAFTON STREET, DUBLIN.

LONDON:

PRINTED BY C. ROWORTH AND SONS,

NEWTON STREET, HIGH HOLBORN.

PREFACE TO THE EIGHTH EDITION.

THE changes which have been made in the present Edition require a few words by way of explanation. It seemed that something might be done to render the matter already contained in the book more available for use; and the requisite additions, in the shape of cases decided and statutes passed since the publication of the last Edition, were considerable. On the other hand, it was important that the bulk of the Volume should not be materially increased.

It will be found accordingly that the Precedents contained in the last Edition have been omitted. The extracts from the Reports of the Real Property Commissioners and some of the older cases have been abridged or condensed. The matter of the notes has been rearranged, and the number of marginal notes has been increased. A new Table of Contents and Index have been made, and a Table of Statutes, arranged in chronological order, has been added.

Several statutes relating to land have been passed since the publication of the last Edition; and of these the Editor has only incorporated such as seemed to him to come properly within the scope of the Work. The Land Registry Act and the Declaration of Title Act, 1862, were not incorporated by Mr. Shelford in the last Edition. Since that date the public have not availed themselves to

any large extent of the provisions of these Statutes. The system established by the Land Registry Act was condemned in the Report of the Royal Commission in 1870; and further legislation on this subject is said to be impending. The Editor has not therefore inserted either of these Statutes in the present Edition.

The cases have, by means of the Addenda, been brought down to the end of October, 1873.

THOMAS H. CARSON.

89, CHANCERY LANE,

Nov. 1873.

TABLE OF CONTENTS.

In the Table of Statutes, p. lvii post, all the Statutes, whether printed
at length or merely cited in the following pages, are placed in
chronological order. The page at which any section occurs at
length will be found in that Table with an asterisk affixed.

Time excluded from Period of Forty Years (sect. 8)

Extent (sect. 9), and Commencement (sect. 10) of Act

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I. Limitation of Time for the Recovery of Land or Rent (3 & 4

Will. 4, c. 27).

Interpretation Clause (sect. 1)
Period of Limitation fixed at Twenty Years from Time when
Right first accrues (sect. 2)
When Right first accrues in the case of Discontinuance of Pos-
session of Land or of Receipt of Rent; in the case of Death
of Rightful Owner; in the case of Alienation by Rightful
Owner; in the case of future Interests; and in the case of
Forfeiture or Breach of Condition (sect. 3)
Provisions as to Forfeitures (sect. 4); Reversioners (sect. 5); and
Administrators (sect. 6) ..
When Right first accrues in the case of Tenancies at Will
(sect. 7); Tenancies from Year to Year (sect. 8); and Leases
reserving Rent (sect. 9)

Provisions as to Entry (sect. 10); Continual Claim (sect. 11);

Coparceners (sect. 12); and Possession of Younger Brother

(sect. 13)

Written Acknowledgments of Title (sect. 14)

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Possession not adverse at passing of Act (sect. 15)
Disabilities (sect. 16); Extreme Period of Limitation (sect.
Successive Disabilities sect. 18); beyond Seas (sect. 19)

Concurrent Rights (sect. 20)

Operation of the Act in case of Estates Tail (sects. 21-23)

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