« EelmineJätka »
SCHEDULE TO WHICH THIS ACT REFERS.
Name of the
Place of Birth.
c. 7. Act 10 G. 4,
not to be
No. 6. No. 6.--2 & 3 Wn. 4, ch. 71. An Act for shortening the Time of Act 2 & 3
Prescription in certain Cases. (1st August, 1832.) W.4, c. 71.
THEREAS the expression “ Time Immemorial, or Time
whereof the Memory of Man runneth not to the contrary," is now by the law of England in many cases considered to include and denote the whole period of time from the reign of King Richard the First, whereby the title to matters that have been long enjoyed is sometimes defeated by showing the commencement of such enjoyment, which is in many cases productive of inconvenience and injustice; for remedy thereof be 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 Claims to assembled, and by the authority of the same, that no claim which Right of
may be lawfully made at the common law, by custom, prescription, Common and other profits
or grant, to any right of common or other profit or benefit to be à prendre,
taken and enjoyed from or upon any land of our Sovereign Lord
the King, his heirs or successors, or any land being parcel of the defeated after
Duchy of Lancaster or of the Duchy of Cornwall, or of any ecclethirty years'
siastical or lay person, or body corporate, except such matters and enjoyment by showing
things as are herein specially provided for, and except tithes, rent, the com
and services, shall, where such right, profit, or benefit shall have mencement; been actually taken and enjoyed by any person claiming right
thereto without interruption for the full period of thirty years, be defeated or destroyed by showing only that such right, profit, or benefit was first taken or enjoyed at any time prior to such period of thirty years, but nevertheless such claim may be defeated in any
other way by which the same is now liable to be defeated ; and years' enjoy.. when such right, profit, or benefit shall have been so taken and ment the
enjoyed, as aforesaid, for the full period of sixty years, the right right to be absolute,
thereto shall be deemed absolute and indefeasible, unless it shall unless had by
appear that the same was taken and enjoyed by some consent or
agreement expressly made or given for that purpose by deed or agreement. writing. In Claims of II. And be it further enacted, That no claim which may be lawRight of Way fully made at the common law, by custom, prescription, or grant,
to any way or other easement, or to any watercourse, or the use of Easement, the periods to be
any water, to be enjoyed or derived upon, over, or from any land twenty years
or water of our said Lord the King, his heirs or successors, or and forty years. being parcel of the Duchy of Lancaster or of the Duchy of Corn
wall, or being the property of any ecclesiastical or lay person, or body
other way by which the same is now liable to be defeated ; and where such way or other matter as herein last before mentioned shall have been so enjoyed, as aforesaid, for the full period of forty years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
III. And be it further enacted, That when the access and use of No. 6. light to and for any dwelling-house, workshop, or other building Act 2 & 3 shall have been actually enjoyed therewith for the full period of W. 4, c. 71. twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary Claim to the
use of notwithstanding, unless it shall appear that the same was enjoyed enjoyed for by some consent or agreement expressly made or given for that twenty years purpose by deed or writing.
indefeasible, unless shown to have been by consent, IV. And be it further enacted, That each of the respective Before-menperiods of years hereinbefore mentioned shall be deemed and taken tioned periods to be the period next before some suit or action wherein the claim to be deemed or matter to which such period may relate, shall have been or shall before suits be brought into question, and that no Act or other matter shall be for claims to deemed to be an interruption, within the meaning of this statute, which such unless the same shall have been or shall be submitted to, or acqui- periods relate. esced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.
V. And be it further enacted, That in all actions upon the case In Actions and other pleadings, wherein the party claiming may now by law on the case the allege his right generally, without averring the existence of such claimant may right from time immemorial , such general allegation shall still be allege his right
, deemed sufficient, and if the same shall be denied, all and every at present. the matters in this Act mentioned and provided, which shall be applicable to the case, shall be admissible in evidence to sustain or rebut such allegation; and that in all pleadings to actions of in Pleas to trespass, and in all other pleadings wherein before the passing of Trespass and
other pleadings, this Act it would have been necessary to allege the right to have
where party existed from time immemorial, it shall be sufficient to allege the used to allege enjoyment thereof, as of right by the occupiers of the tenement in his claim from respect whereof the same is claimed for, and during such of the time immemo
rial, the period periods mentioned in this Act as may be applicable to the case, mentioned in and without claiming in the name or right of the owner of the fee, this Act may be as is now usually done; and if the other party shall intend to rely alleged ; and on any proviso, exception, incapacity, disability, contract, agree- exceptions or ment, or other matter hereinbefore mentioned, or on any cause or
to be replied matter of fact or of law not inconsistent with the simple fact of specially: enjoyment, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of such allegation.
VI. And be it further enacted, That in the several cases men- Restricting the tioned in and provided for by this Act, no presumption shall be presumption to allowed or made in favour or support of any claim, upon proof of be allowed in the exercise or enjoyment of the right or matter claimed for any claims herein less period of time or number of years than for such period or provided for. number mentioned in this Act as may be applicable to the case and to the nature of the claim.
VII. Provided also, That the time during which any person Proviso for otherwise capable of resisting any claim to any of the matters Infants, &c. before mentioned shall have been or shall be an infant, idiot, non compos mentis, feme covert, or tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods
No. 6. hereinbefore mentioned, except only in cases where the right or Act 2 & 3 claim is hereby declared to be absolute and indefeasible. W. 4, c. 71. VIII. Provided always, and be it further enacted, That when any land or water upon, over, or from which
or other What time to be excluded
convenient watercourse or use of water shall have been or shall be in computing enjoyed or derived hath been or shall be held under or by virtue of the term 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 appointed by this Act.
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 determi
nation thereof. Not to extend IX. And be it further enacted, That this Act shall not extend to Scotland
to Scotland or Ireland. or Ireland. Commence
X. And be it further enacted, That this Act shall commence ment of Act. and take effect on the first day of Michaelmas term now next
ensuing Act may be
XI. And be it further enacted, That this Act may be amended, amended. altered, or repcaled during this present session of Parliament.
words in the Act.
No. 7. No. 7.-3.& 4 Wm. 4, ch. 27. An Act for the Limitation of Actions Act 3 & 4
and Suits relating to Real Property, and for simplifying the W.4, c. 27. Remedies for trying the Rights thereto. (24th July, 1833.)
E it enacted by the King's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Tem
poral, and Commons, in this present Parliament assembled, and by Meaning of the the authority of the same, That the words and expressions herein
after 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."
"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 free
hold or copyhold, or held according to any other tenure; and the " Rent.”
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 eleePerson through mosynary corporation sole); and the person through whom another whom another
is said to claim shall mean any person by, through, or under, claims.
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
crued to the
some person through whom he claims, became entitled as Lord by No. 7. escheat; and the word “person ” shall extend to a body politic, Act 3 & 4 corporate, or collegiate, and to a class of creditors or other persons, W. 4, c. 27. as well as an individual; and every word importing the singular
“ Persons" number only shall extend and be applied to several persons or
Number and things as well as one person or thing; and every word importing Gender. the masculine gender only shall extend and be applied to a female as well as a male.
II. And be it further enacted, That after the Thirty-first day of No land or rent December, One thousand eight hundred and thirty-three, no person
to be recovered shall make an entry or distress, or bring an action to recover any twenty years land or rent, but within Twenty years next after the time at which after the right the right to make such entry or distress, or to bring such action, of action acshall have first accrued to some person through whom he claims, or
Claimant or if such right shall not have accrued to any person through whom
some person he claims, then within Twenty years next after the time at which whose estate the right to make such entry or distress, or to bring such action, he claims. shall have first accrued to the person making or bringing the same.
III. And be it further enacted, That in the construction of this When the Act the right to make an entry or distress, or bring an action to right shall be recover any land or rent shall be deemed to have first accrued at deemed to have
accrued : in the such time as hereinafter is mentioned ; (that is to say,) when the
case of an person claiming such land or rent, or some person through whom Estate in Poshe claims, shall, in respect of the estate or interest claimed, have session ; 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 on Abatement the person claiming such land or rent shall claim the estate or or Death; 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
in case of accrued at the time at which such estate or interest became an Forfeiture or estate or interest in possession ; and when the person claiming such Breach of