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No. 7. Act 3 & 4

W. 4, c. 27.

Where ad-
vantage of
forfeiture is
not taken by
Remainderman,
he shall have a

new right when
his estate comes
into possession.

Reversioner to have a new right.

An Adminis

trator to claim
as if he obtained
the estate with-
out interval
after death
of deceased.

In the case
of a Tenant
at Will the
right shall be
deemed to have

accrued at the

end of one year.

No person after

a tenancy from

year to year to have any

right but from

land or rent, 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.

IV. Provided always, That when any right to make an entry or distress, or to bring an action to recover any land or rent, 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 land or rent shall not have been recovered by virtue of such right, the right to make an entry or distress or bring an action to recover such land or rent 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.

V. Provided also, That a right to make an entry or distress or to bring an action to recover any land or rent 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 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.

VI. And be it further enacted, That for the purposes of this Act an administrator claiming the estate or interest of the deceased of whose chattels he shall be appointed administrator shall person 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.

VII. And be it further enacted, That when any person shall be in possession or in receipt of the profits of any land, or in receipt of any rent, 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 distress, or bring an action to recover such land or rent, 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.

VIII. And be it further enacted, That when any person shall be in possession or in receipt of the profits of any land, or in receipt of any rent as tenant from year to year or other period, without any lease in writing, the right of the person entitled subject thereto, or of the person through whom he claims, to make an 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).

the end of the first year or

rent.

Where rent amounting to 20s., reserved by a lease in

IX. And be it further enacted, That when any person shall be in possession or in receipt of the profits of any land, or in receipt of any rent by virtue of a lease in writing by which a rent amount

No. 7. Act 3 & 4

W. 4, c. 27.

writing shall have been wrongfully received on, right to accrue

ing to the yearly sum of Twenty shillings 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 or rent in reversion immediately expectant on the deter-
mination 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 or rent subject to such lease, or of the person through
whom he claims to make an entry or distress or to bring an action
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 have been in possession of any land within the meaning of this Act merely by reason of having made an entry thereon.

XI. And be it further enacted, that no continual or other claim upon or near any land shall preserve any right of making an entry or distress or of bringing an action.

XII. And be it further enacted, That when any one or more of several persons entitled to any land or rent as coparceners, joint tenants, or tenants in common, shall have been in possession or receipt of the entirety, or more than his or their undivided share or 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 other relation of the person entitled as heir to the possession or receipt of the profits of any land, or to the receipt of any rent, shall enter into the possession or receipt thereof, such possession or receipt shall not be deemed to be the possession or receipt of or by the person entitled as heir.

on the determination of

A mere entry
not to be

deemed
possession.
No right to be
preserved by

continual claim.

Possession of

one coparcener,

&c., not to be the possession of the others.

Possession of

younger

brother not

to be the possession of

the heir,

Acknowledg

given to the

person entitled, or his agent, to be equivalent to possession or receipt of rent.

XIV. Provided always, and be it further enacted, That when any 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 by the person in possession or in receipt of the profits of such land or in receipt of such rent, then such possession or receipt of or by the person by whom such acknowledgment shall have been given shall be deemed, according to the meaning of this Act, to have been 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 acknowledgment as aforesaid shall have been given before the passing of this Act, and the possession or receipt of the profits of the land, or the receipt of the rent, shall not at the time of the

Where possession is not adverse at the time of passing the Act, the right shall not

No. 7.

Act 3 & 4

passing of this Act have been adverse to the right or title of the 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 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.

be barred until

the end of

,and

five years afterwards. Persons under disability of infancy, lunacy, coverture, or beyond seas, their representatives, to be allowed ten years from the termination of their disability or death.

But no action,
&c., shall be

brought beyond
forty years
after the right
of action
accrued.

No further time to be allowed for a succession of disabilities.

Scotland,

Ireland, and the adjacent Islands

not to be deemed

beyond seas.

When the right

to an estate in possession is barred, the right of the

same person to future estates shall also be barred.

XVI. Provided always, and be it further enacted, That if at the time at which the right of any person to make an entry or distress or bring an action to recover any land or rent shall have first accrued as aforesaid such person shall have been under any of the disabilities hereinafter mentioned; (that is to say), infancy, coverture, idiotcy, lunacy, unsoundness of mind, or absence beyond seas, then such person or the person claiming through him, may, notwithstanding the period of Twenty years hereinbefore limited shall have expired, make an entry or distress or bring an action to recover such land or rent at any time within Ten years next after the time at which the person to whom such right shall first have accrued as aforesaid shall have ceased to be under any such disability, or shall have died (which shall have first happened).

XVII. Provided nevertheless, and be it further enacted, That no entry, distress, or action shall be made or brought by any person who, 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, shall be under any of the disabilities herein before mentioned, 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.

XVIII. Provided always, and be it further enacted, That when any person shall be under any of the disabilities herein before 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.

XIX. And be it further enacted, That no part of the United Kingdom of Great Britain and Ireland, nor the Islands of Man, Guernsey, Jersey, Alderney, or Sark, nor any island adjacent to any of them (being part of the dominions of His Majesty) shall be deemed to be beyond seas within the meaning of this Act.

XX. And be it further enacted, That when the right of any person to make an entry or distress or bring an action to recover any land or rent to which he may have been entitled for an estate or interest in possession shall have been barred by the determination of the period hereinbefore limited, which shall be applicable in such case, and such person shall at any time during the said period have been entitled to any other estate, interest, right, or possibility,

in reversion, remainder, or otherwise, in or to the same land or rent, no entry, distress, or action shall be made or brought by such person, or any person claiming through him, to recover such land 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 in tail of any land or rent, to make an entry or distress or to bring an action to recover the same shall have been barred by reason of the same not having been made or brought within the period hereinbefore limited, which shall be applicable in such case, no such entry, distress, or action shall be made or brought by any 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 any land or rent, entitled to recover the same, shall have died before the expiration of the period herein before limited, which shall be applicable in such case, for making an entry or distress or bringing an action to recover such land or rent, no person claiming any estate, interest, or right which such tenant in tail might lawfully have barred, shall make an entry or distress or bring an action 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.

other

XXIII. And be it further enacted, That when a tenant in tail of any land or rent shall have made an assurance thereof, which shall not operate to bar an estate or estates to take effect after or in defeasance of his estate tail, and any person shall by virtue of such assurance, at the time of the execution thereof, or at any time afterwards, be in possession or receipt of the profits of such land, or in the receipt of such rent, and the same person, or any person whatsoever (other than some person entitled to such possession or receipt in respect of an estate which shall have taken effect after or in defeasance of the estate tail), shall continue or be in such possession or receipt for the period of Twenty years next after the commencement of the time at which such assurance, if it had then been executed by such tenant in tail or the person who would have been entitled to his estate tail, if such assurance had not been 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 day of December, One thousand eight hundred and thirty-three, no person claiming any land or rent in equity shall bring any suit to recover the same but within the period during which, by virtue of the provisions hereinbefore contained, he might have made an entry or distress, or brought an action to recover the saine respectively if he had been entitled at law to such estate, interest, or right, in or to the same as he shall claim therein in equity.

XXV. Provided always, and be it further enacted, That when

any

No. 7. Act 3 & 4

W. 4, c. 27.

Where Tenant in Tail is barred, Remaindermen, have barred, whom he might shall not recover.

Possession adverse to a

Tenant in Tail shall run on

against the Remaindermen whom he might

have barred.

Where there shall have been possession under

an assurance, by a Tenant in Tail, which shall not bar the Remainders, barred at the they shall be end of twenty years after the time when the assurance, if then executed, would have barred them.

No suit in equity to be brought after the Plaintiff, if entitled at law, might have brought an action.

the time when

In cases of express trust,

No. 7.

Act 3 & 4 W. 4, c. 27.

the right shall not be deemed to have accrued until a convey

ance to a purchaser.

In cases of fraud no time shall

run whilst the fraud remains concealed.

Saving the
jurisdiction of
equity on the
ground of
acquiescence
or otherwise.

Mortgagor to
be barred at the
end of twenty
years from the
time when the

Mortgagee took
possession, or
from the last

written acknowledgment.

land or rent shall be vested in a trustee upon any express trust, the right of the cestuique trust, or any person claiming through him, to bring a suit against the trustee, or any person claiming through him to recover such land or rent, shall be deemed to have first accrued, according to the meaning of this Act, at and not before the time at which such land or rent shall have been conveyed to a purchaser for a valuable consideration, and shall then be deemed to have accrued only as against such purchaser and any person claiming through him.

any

XXVI. And be it further enacted, That in every case of a concealed fraud the right of any person to bring a suit in equity for the recovery of land or rent of which he or any person through 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.

XXVII. Provided always, and be it further enacted, That nothing in this Act contained shall be deemed to interfere with any rule or jurisdiction of Courts of Equity in refusing relief on the ground of acquiescence or otherwise to any person whose right to bring a suit may not be barred by virtue of this Act.

XXVIII. And be it further enacted, That when a mortgagee shall have obtained the possession or receipt of the profits of any land, or the receipt of any rent, comprised in his mortgage, the mortgagor, or any person claiming through him, shall not bring a suit to redeem the mortgage, but within Twenty years next after the time at which the mortgagee obtained such possession or receipt, unless in the mean time an acknowledgment of the title of the 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 mortgagees 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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