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No. 7. land or rent, or the person through whom he claims, shall have Act 3 & 4

become entitled by reason of any forfeiture or breach of condition, W. 4, c. 27. then such right shall be deemed to have first accrued when such

forfeiture was incurred, or such condition was broken. Where ad- IV. Provided always, That when any right to make an entry or Vantage of

distress, or to bring an action to recover any land or rent, by forfeiture is

reason of any forfeiture or breach of condition, shall have first acnot taken by Remainderman,

crued in respect of any estate or interest in reversion or remainder, he shall have a and the land or rent shall not have been recovered by virtue of new right when such right, the right to make an entry or distress or bring an his estate comes action to recover such land or rent shall be deemed to have first into possession.

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. Reversioner V. Provided also, That a right to make an entry or distress or to have a

to bring an action to recover any land or rent shall be deemed to new right.

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. An Adminis- VI. And be it further enacted, That for the purposes of this Act trator to claim; an administrator claiming the estate or interest of the deceased

if he obtained the testate with person of whose chattels he shall be appointed administrator shall out interval

be deemed to claim as if there had been no interval of time between after death the death of such deceased person and the grant of the letters of of deceased. administration. In the case

VII. And be it further enacted, That when any person shall be of a Tenant

in possession or in receipt of the profits of any land, or in receipt at Will the

of any rent, as tenant at will, the right of the person entitled subright shall be deemed to have ject thereto, or of the person through whom he claims, to make an accrued at the entry or distress, or bring an action to recover such land or rent, end of one year. 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. No person after VIII. And be it further enacted, That when any person shall be a tenancy from in possession or in receipt of the profits of any land, or in receipt year to year

of any rent as tenant from year to year or other period, without right but from any lease in writing, the right of the person entitled subject the end of the thereto, or of the person through whom he claims, to make an first year or

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). Where rent

IX. And be it further enacted, That when any person shall be amounting to

in possession or in receipt of the profits of any land, or in receipt 208., reserved

of any rent by virtue of a lease in writing by which a rent amountby a lease in

to have any

rent.

ing to the yearly sum of Twenty shillings or upwards, shall be

No. 7. reserved, and the rent reserved by such lease shall have been Act 3 & 4 received by some person wrongfully claiming to be entitled to w. 4, c. 27. such land or rent in reversion immediately expectant on the determination of such lease, and no payment in respect of the rent have been

writing shall reserved by such lease shall afterwards have been made to the wrongfully person rightfully entitled thereto, the right of the person entitled to received on, such land or rent subject to such lease, or of the person through right to accrue whom he claims to make an entry or distress or to bring an action

mination of after the determination of such lease, shall be deemed to have first the lease. 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 A mere entry have been in possession of any land within the meaning of this Act not to be

deemed merely by reason of having made an entry thereon.

possession. XI. And be it further enacted, that no continual or other claim

No right to be upon or near any land shall preserve any right of making an entry preserved by or distress or of bringing an action.

continual claim. XII. And be it further enacted, That when any one or more of Possession of several persons entitled to any land or rent as coparceners, joint one coparcener, tenants, or tenants in common, shall have been in possession or

&c., not to be

the possession receipt of the entirety, or more than his or their undivided share or of the others. 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.

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 younger receipt of the profits of any land, or to the receipt of any rent, brother not

to be the shall enter into the possession or receipt thereof, such possession or

possession of receipt shall not be deemed to be the possession or receipt of or by the heir, the person entitled as heir.

XIV. Provided always, and be it further enacted, That when Acknowledgany 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 given to the by the person in possession or in receipt

of the profits of such land person entitled: or in receipt of such rent, then such possession or receipt of or by be equivalent to the person by whom such acknowledgment shall have been given possession or shall be deemed, according to the meaning of this Act, to have been receipt of rent. 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 Where possesacknowledgment as aforesaid shall have been given before the sion is not passing of this Act, and the possession or receipt of the profits of alverse at the

time of passing the land, or the receipt of the rent, shall not at the time of the the Act, the

right shall not

five years

No. 7.

passing of this Act have been adverse to the right or title of the Act 3 & 4 person claiming to be entitled thereto, then such person or the W. 4, c. 27. person claiming through him may, notwithstanding the period of

Twenty years hereinbefore limited shall have expired, make an entry be barred until the end of

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. afterwards. XVI. Provided always, and be it further enacted, That if at the Persons under time at which the right of any person to make an entry or distress disability of

or bring an action to recover any land or rent shall have first infancy, lunacy, coverture, or

accrued as aforesaid such person shall have been under any of the beyond seas, and disabilities hereinafter mentioned ; (that is to say), infancy, cotheir representa- verture, idiotcy, lunacy, unsoundness of mind, or absence beyond tives, to be

seas, then such person or the person claiming through him, may, notallowed ten years from the

withstanding the period of T wenty years hereinbefore limited shall termination of have expired, make an entry or distress or bring an action to their disability recover such land or rent at any time within Ten years next after or death.

the time at which the person to whom such right shall first have accrued as aforesaid shall have ceased to be under any such dis

ability, or shall have died (which shall have first happened). But no action, XVII. Provided nevertheless, and be it further enacted, That no &c., shall be

entry, distress, or action shall be made or brought by any person brought beyond forty years

who, at the time at which his right to make an entry or distress or after the right

to bring an action to recover any land or rent shall have first acof action crued, shall be under any of the disabilities herein before menaccrued.

tioned, 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. No further time XVIII. Provided always, and be it further enacted, That when to be allowed for a succession

any person shall be under any of the disabilities hereinbefore of disabilities.

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. Scotland, XIX. And be it further enacted, That no part of the United Ireland, and the Kingdom of Great Britain and Ireland, nor the Islands of Man, adjacent Islands

Guernsey, Jersey, Alderney, or Sark, nor any island adjacent to deemed any of them (being part of the dominions of His Majesty) shall be beyond seas. deemed to be beyond seas within the meaning of this Act. When the right XX. And be it further enacted, That when the right of any per

son to make an entry or distress or bring an action to recover any possession is barred, the

land or rent to which he may have been entitled for an estate or right of the interest in possession shall have been barred by the determination same person to of the period hereinbefore limited, which shall be applicable in future estates

such case, and such person shall at any time during the said period shall also be

have been entitled to any other estate, interest, right, or possibility, barred.

not to be

to an estate in

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in reversion, remainder, or otherwise, in or to the same land or No. 7. rent, no entry, distress, or action shall be made or brought by such Act 3 & 4 person, or any person claiming through him, to recover such land W. 4,

27. or rent, in respect of such other estate, interest, right, or possibility, unless in the mean time such land or rent shall have been recovered by some person entitled to an estate, interest, or right which shall have been limited or taken effect after or in defeasance of such estate or interest in possession.

XXI. And be it further enacted, That when the right of a tenant Where Tenant in tail of any land or rent, to make an entry or distress or to bring in Tail is barred, an action to recover the same shall have been barred by reason of Remaindermen,

whom he might the same not having been made or brought within the period have barred, hereinbefore limited, which shall be applicable in such case, no shall not such entry, distress, or action shall be made or brought by any recover. person claiming any estate, interest, or right which such tenant in tail might lawfully have barred.

XXII. And be it further enacted, That when a tenant in tail of Possession any land or rent, entitled to recover the same, shall have died adverse to a

Tenant in Tail before the expiration of the period hereinbefore limited, which

shall run on shall be applicable in such case, for making an entry or distress or against the bringing an action to recover such land or rent, no person claiming Remaindermen any estate, interest, or right which such tenant in tail might law- whom he might fully have barred, shall make an entry or distress or bring an action have barred. to recover such land or rent but within the period during which, if such tenant in tail had so long continued to live, he might have made such entry or distress or brought such action.

XXIII. And be it further enacted, That when a tenant in tail of Where there any land or rent shall have made an assurance thereof, which shall shall have been not operate to bar an estate or estates to take effect after or in possession under defeasance of his estate tail, and any person shall by virtue of such by a Tenant assurance, at the time of the execution thereof, or at any time in Tail, which afterwards, be in possession or receipt of the profits of such land, shall not bar or in the receipt of such rent, and the same person, or

the Remainders,

they shall be person whatsoever (other than some person entitled to such posses- barred at the sion or receipt in respect of an estate which shall have taken effect end of twenty after or in defeasance of the estate tail), shall continue or be in years after the such possession or receipt for the period of Twenty years next after time when the the commencement of the time at which such assurance, if it had assurance, if

then executed, then been executed by such tenant in tail or the person who would would have have been entitled to his estate tail, if such assurance had not been barred them. executed, would, without the consent of any other person, have operated to bar such estate or estates as aforesaid, then at the expiration of such period of Twenty years such assurance shall be and be deemed to have been effectual as against any person claiming any estate, interest, or right to take effect after or in defeasance of such estate tail.

XXIV. And be it further enacted, That after the said Thirty-first No suit in day of December, One thousand eight hundred and thirty-three, no equity to be person claiming any land or rent in equity shall bring any suit to brought after

the time when recover the same but within the period during which, by virtue of the l’laintiff, if the provisions hereinbefore contained, he might have made an entitled at law, entry or distress, or brought an action to recover the saine respec- might have tively if he had been entitled at law to such estate, interest, or

brought an

action, right, in or to the same as he shall claim therein in equity.

In cases of XXV. Provided always, and be it further enacted, That when any

express trust,

an assurance,

any other

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any rule or

No. 7. land or rent shall be vested in a trustee upon any express trust, the Act 3 & 4 right of the cestuique trust, or any person claiming through him, W. 4, c. 27. to bring a suit against the trustee, or any person claiming through the right shall

him to recover such land or rent, shall be deemed to have first not be deemed accrued, according to the meaning of this Act, at and not before to have accrued the time at which such land or rent shall have been conveyed to a until a convey purchaser for a valuable consideration, and shall then be deemed to ance to a pur- have accrued only as against such purchaser and any person claimchaser.

ing through him. In cases of fraud XXVI. And be it further enacted, That in every case of a conno time shall

cealed fraud the right of any person to bring a suit in equity for run whilst the fraud remains the recovery

of land or rent of which he or any person through

any concealed. whom he claims may have been deprived by such fraud, shall be

deemed to have first accrued at and not before the time at which such fraud shall or with reasonable diligence might have been first known or discovered ; provided that nothing in this clause contained shall enable any owner of lands or rents to have a suit in equity for the recovery of such lands or rents, or for setting aside any conveyance of such lands or rents, on account of fraud against any bona fide purchaser for valuable consideration who has not assisted in the commission of such fraud, and who at the time that he made the purchase did not know and had no reason to believe

that any such fraud had been committed. Saving the XXVII. Provided always, and be it further enacted, That nothing jurisdiction of in this Act contained shall be deemed to interfere equity on the

jurisdiction of Courts of Equity in refusing relief on the ground of ground of acquiescence

acquiescence or otherwise to any person whose right to bring a or otherwise. suit may not be barred by virtue of this Act. Mortgagor to XXVIII. And be it further enacted, That when a mortgagee shall be barred at the have obtained the possession or receipt of the profits of any land, end of twenty or the receipt of any rent, comprised in his mortgage, the mortyears from the time when the gagor, or any person claiming through him, shall not bring a suit Mortgagee took to redeem the mortgage, but within Twenty years next after the possession, or time at which the mortgagee obtained such possession or receipt, from the last

unless in the mean time an acknowledgment of the title of the written acknowle lyment.

mortgagor or of his right of redemption shall have been given to the mortgagor, or some person claiming his estate, or to the agent of such mortgagor or person, in writing signed by the mortgagee, or the person claiming through him; and in such case no such suit shall be brought but within Twenty years next after the time at which such acknowledgment, or the last of such acknowledgments if more than one was given; and when there shall be more than one mortgagor, or more than one person claiming through the mortgagor or mortgagors, such acknowledgment, if given to any of such mortgagors or persons, or his or their agent, shall be as effectual as if the same had been given to all such mortgagors or persons; but where there shall be more than one mortgagee or more than one person claiming the estate or interest of the mortgagee or mortgagees, such acknowledgment, signed by one or more of such mortgagecs or persons, shall be effectual only as against the party or parties signing as aforesaid, and the person or persons claiming any part of the mortgage money or land or rent by, from, or under him or them, and any person or persons entitled to any estate or estates, interest or interests, to take effect after or in defeasance of his or their estate or estates, interest or interests, and shall not

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