Carson's Real Property Statutes

(ix)

FULL TABLE OF CONTENTS.

In the Table of Statutes, p. xci, post, all the Statutes, whether printed at length or
merely cited in the following pages, are placed in chronological order.

PRESCRIPTION.

I. The Prescription Act, 1832.

Periods limited for establishing Rights of Common and other Profits

à Prendre (sect. 1); Rights to Easements other than Light (sect. 2);

and Rights to Light (sect. 3)

Periods, how to be computed (sect. 4).

II. Modes of claiming Incorporeal Rights apart from the Prescription

Act, 1832.

A. Whether the Prescription Act, 1832, has superseded the

Common Law

20

B. Of Grants, express and implied, of Incorporeal Rights, and

herein of Licences in relation to Real Estate

21

LIMITATION OF ACTIONS.

I. Limitation of Time for the Recovery of Land or Rent.

The Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 27).

Interpretation Clause (sect. 1)

Period of Limitation fixed (sect. 2)

When Right first accrues in the case of Dispossession or Discon-

tinuance of Possession 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) .... 129

Provisions as to Forfeitures (sect. 4), 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)

Possession not adverse at passing of Act (sect. 15)

Disabilities (sect. 16); Note on Presumption of Death; Extreme

Period of Limitation (sect. 17); Successive Disabilities (sect. 18);

beyond Seas (sect. 19)

Concurrent Rights (sect. 20)

152-156

156

Operation of the Act in case of Estates Tail (sects. 21-23)..157-159

Limitation of Time as to Suits in Equity (sect. 24); in the case

of Express Trusts (sect. 25); Concealed Fraud (sect. 26); and

Acquiescence (sect. 27)
.159-169

Limitation of Time between Mortgagor and Mortgagee (sect. 28,

Real Property Limitation Act, 1837) ...

.....169-175

175-178

Limitation of Time as to Church Property and Advowsons

(sects. 29-33)

Final Extinction of Right (sect. 34)

179

Receipt of Rent (sect. 35)

181

Abolition of Real and Mixed Actions, &c. (sects. 36-39) ..181-183

Spiritual Courts (sect. 43)

183

Scotland and Ireland (sect. 44)

183

Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57, ss. 1-7, 9).

Period of Limitation in case of Land or Rent shortened to

12 years (sect. 1)

184

Future Estates (sect. 2)

184

....

Disabilities (sect. 3); no allowance for absence beyond Seas

(sect. 4); utmost Allowance (sect. 5)

II. Limitation of Time for the Recovery of Money charged on Land,

Legacies, Arrears of Dower, Rent, and Interest.

189

Real Property Limitation Act, 1833, ss. 40-42.

Charges and Legacies (sect. 40)

190

Estates of Intestates (Real Property Amend. Act, 1860, s. 13)..191, 196

Arrears of Dower (sect. 41)

LIMITATION OF ACTIONS-continued.

II. Limitation of Time for the Recovery of Money, &c.-continued.

Real Property Limitation Act, 1874, ss. 8, 10.

Period of Limitation shortened to 12 years (sect. 8)...

Express Trusts not to enlarge Time (sect. 10)

....

III. Limitation of Time in the case of Actions by or against Executors

in respect of Injuries to Property.

Civil Procedure Act, 1833 (3 & 4 Will. 4, c. 42, s. 2).

Actions by or against Executors in respect of Injuries to Pro-

perty (sect. 2)

.......

IV. Limitation of Time in the case of Actions on Specialties.

Civil Procedure Act, 1833, ss. 3-7.

Period of Limitation for Specialties, &c. (sect. 3)

213

Provisions as to Disabilities (sect. 4); Acknowledgments (sect. 5);

Judgment or Outlawry reversed (sect. 6); and as to Countries

beyond the Seas (sect. 7)

214

215

......218-222

V. Limitation of Time in the case of Actions on Simple Contract Debts.
The Limitation Act, 1623 (21 Jac. 1, c. 16, ss. 3, 4, 7).

Period of Limitation (sect. 3)....

.222-231

Provisions as to Judgment or Outlawry reversed (sect. 4); and
Disabilities (sect. 7)........

231-233

The Statute of Frauds Amendment Act, 1828, ss. 1, 3, 4 (9 Geo. 4,

c. 14).

Express Acknowledgments (sects. 1, 3); Note on Acknowledg-

ment by Payment

Set-off (sect. 4)....

.233-244

244

VI. Mercantile Law Amendment Act (19 & 20 Vict. e. 97, ss. 9-17).

Merchant's Accounts (sect. 9)

Absence beyond Seas (sects. 10—12)..

244

.244, 245

246

Acknowledgments-by Agents (sect. 13); by Payment of one
Contractor (sect. 14)

VII. The Trustee Act, 1888 (51 & 52 Vict. c. 59, ss. 1, 8, 12).

THE FINES AND RECOVERIES ACT, 1833 (3 & 4 Will. 4, c. 74,

ss. 1-76).

Interpretation Clause (sect. 1)

.262-266

Fines and Recoveries abolished (sect. 2); the Tenure of Ancient
Demesne (sects. 4-6); the Amendment of previous Fines and
Recoveries (sects. 7-12); the Custody of Fines and Recoveries
(sect. 13); Warranty (sect. 14)..

...266-274

Disposition of Lands entailed; General enabling Clause (sect. 15) .. 274

Provisions as to Tenants in tail ex provisione Viri (sect. 16); Tenants

in tail of the Gift of the Crown; Tenants in Tail restrained from

Alienation; and Tenants in Tail after possibility of Issue extinct

(sect. 18)