페이지 이미지
PDF
ePub
[ocr errors]

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

í 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 any land or rent of which he or any person through 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 with any rule or 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 on the receipt of

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 wiitten acknowlelyment.

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

ynary

operate to give to the mortgagor or mortgagors a right to redeem No. 7. the mortgage as against the person or persons entitled to any other Act 3 & 4 undivided or divided part of the money or land or rent; and where W. 4, c. 27. such of the mortgagees or persons aforesaid as shall have given such acknowledgment shall be entitled to a divided part of the land or rent comprised in the mortgage, or some estate or interest therein, and not to any ascertained part of the mortgaged money, the mortgagor or mortgagors shall be entitled to redeem the same divided part of the land or rent on payment with interest, of the part of the mortgage money which shall bear the same proportion to the whole of the mortgage money as the value of such divided part of the land or rent shall bear to the value of tho whole of the land or rent comprised in the mortgage.

XXIX. Provided always, and be it further enacted, That it shall No lands or be lawful for any archbishop, bishop, dean, prebendary, parson, rents to be vicar, master of hospital, or other spiritual or eleemosynary recovered by

ecclesiastical or corporation sole, to make an entry or distress or to bring an action or suit to recover any land or rent within such period as corporations hereinafter is mentioned next after the time at which the right of sole but within such corporation sole, or of his predecessor, to make such entry

two incumben

cies and six or distress, or bring such action or suit shall first have accrued; Ches

years, or sixty (that is to say,) the period during which two persons in succession years shall have held the office or benefice in respect whereof such land or rent shall be claimed, and Six years after a third person shall have been appointed thereto, if the times of such two incumbencies and such term of Six years taken together shall amount to the full period of Sixty years ; and if such times taken together shall not amount to the full period of Sixty years, then during such further number of years in addition to such Six years as will, with the time of the holding of such two persons and such Six years, make up the full period of Sixty years; and after the said Thirty-first day of December, One thousand eight hundred and thirty-three, no such entry, distress, action, or suit shall be made or brought at any time beyond the determination of such period.

XXX. And be it further enacted, That after the said Thirty-first No adrowson to day of December, One thousand eight hundred and thirty-three, no be recovered

but within person shall bring any quare impedit or other action, or any suit

un three incumbento enforce a right to present to or bestow any church, vicarage, or cies other ecclesiastical benefice, as the patron thereof, after the expira- years, tion of such period as hereinafter is mentioned ; (that is to say,) the period during which three clerks in succession shall have held the same, all of whom shall have obtained possession thereof adversely to the right of presentation or gift of such person, or of some person through whom he claims, if the times of such incumbencies taken together shall amount to the full period of sixty years; and if the times of such incumbencies shall not together amount to the full period of sixty years, then after the expiration of such further time as with the times of such incumbencies will make up the full period of sixty years.

XXXI. Provided always, and be it further enacted, That when on Incumbencies the avoidance, after a clerk shall have obtained possession of an after lapse to ecclesiastical benefice adversely to the right of presentation or gift be reckoned of the patron thereof, a clerk shall be presented or collated thereto W

period, but not by His Majesty or the ordinary by reason of a lapse, such last

incumbencies mentioned clerk shall be deemed to have obtained possession ad- after promotious

to bishoprics.

[ocr errors]

No. 7. versely to the right of presentation or gift of such patron as aforeAct 3 & 4 said ; but when a clerk shall have been presented by His Majesty W. 4, c. 27. upon the avoidance of a benefice in consequence of the incumbent

thereof having been made a bishop, the incumbency of such clerk shall, for the purposes of this Act, be deemed a continuation of the

incumbency of the clerk so made bishop. When person XXXII. And be it further enacted, That in the construction of

this Act every person claiming a right to present to or bestow any airowson in

ecclesiastical benefice as patron thereof, by virtue of any estate, remainder, &c., after an estate mueresy, or right which

interest, or right which the owner of an estate tail in the advowson tail shall be might have barred, shall be deemed to be a person claiming through barred. the person entitled to such estate tail, and the right to bring any

quare impedit, action or suit, shall be limited accordingly. No advowson to XXXIII. Provided always, and be it further enacted, That after be recovered

the said Thirty-first day of December, One thousand eight hundred after 100 years,

and thirty-three, no person shall bring any quare impedit, or other action or any suit to enforce a right to present to or bestow any ecclesiastical benefice, as the patron thereof, after the expiration of One hundred years from the time at which a clerk shall have obtained possession of such benefice adversely to the right of presentation or gift of such person, or of some person through whom he claims, or of some person entitled to some preceding estate or interest, or undivided share or alternate right of presentation or gift, held or derived under the same title, unless a clerk shall subsequently have obtained possession of such benefice on the presentation or gift of the person so claiming, or of some person through whom he claims, or of some other person entitled in respect of an

estate, share, or right held or derived under the same title. At the end of XXXIV. And be it further enacted, That at the determination of the period of

the period limited by this Act to any person for making an entry limitation, the right of the

or distress, or bringing any writ of quare impedit or other action party out of or guit, the right and title of such person to the land, rent, or adpossession to be vowson for the recovery whereof such entry, distress, action, or extinguished. suit respectively might have been made or brought within such

period, shall be extinguished. Pieceipt of rent XXXV. And be it further enacted, That the receipt of the rent to be deemed

payable by any tenant from year to year, or other lessee, shall, as receipt of

against such lessee or any person claiming under him (but subject profits.

to the lease), be deemed to be the receipt of the profits of the land

for the purposes of this Act. Real and mixed XXXVI. And be it further enacted, That no writ of right patent actions abo

writ of right quia dominus remisit curiam, writ of right in capite, lished after the 31st December,

writ of right in London, writ of right close, writ of right de ration1834,

abili parte, writ of right of advowson, writ of right upon disclaimer, writ de rationabilibus divisis, writ of right of ward, writ de consuetudinibus et servitiis, writ of cessavit, writ of escheat, writ of quo jure, writ of secta ad molendinum, writ de essendo quietum de theolonio, writ of ne injusto vexes, writ of mesne, writ of quod permittat, writ of formedon in descender, in remainder, or in reverter, writ of assize of novel disseisin, nuisance, darrein-presentment, juris utrum, or mort d'ancestor, writ of entry sur disseisin, in the quibus, in the per, in the per and cui, or in the post, writ of entry sur intrusion, writ of entry sur alienation dum fuit non compos Inentis, dum fuit infra ætatem, dum fuit in prisona, ad communem legem, in casu proviso, in consimili casu, cui in vita, sur cui in

commencement

vita, cui ante divortium, or sur cui ante divortium, writ of entry sur No. 7. abatement, writ of entry quare ejecit infra terminum, or ad termi- Act 3 & 4 num qui præteriit, or causa matrimonii prælocuti, writ of aiel, W. 4, c. 27. besaiel, tresaiel, cosinage, or nuper obiit, writ of waste, writ of partition, writ of disceit, writ of quod ei deforceat, writ of covenant real, writ of warrantia chartæ, writ of curia claudenda, or writ per quæ servitia, and no other action, real or mixed, (except a writ of except for right of dower, or writ of dower unde nihil habet, or a quare im- dower, quare pedit, or an ejectment,) and no plaint in the nature of any such impedit, and writ or action (except a plaint for freebench or dower,) shall be eje

un ejectment. brought after the Thirty-first day of December, One thousand eight hundred and thirty-four.

XXXVII. Provided always, and be it further enacted, That Real actions when on the said Thirty-first day of December, One thousand eight may be brought hundred and thirty-four, any person who shall not have a right of until the 1st entry to any land shall be entitled to maintain any such writ or June, 1835. action as aforesaid in respect of such land, such writ or action may be brought at any time before the First day of June, One thousand eight hundred and thirty-five in case the same might have been brought if this Act had not been made, notwithstanding the period of twenty years hereinbefore limited shall have expired.

XXXVIII. Provided also, and be it further enacted, That when, Saving the on the said First day of June, One thousand eight hundred and rights of thirty-five, any person whose right of entry to any land shall have persons entitled been taken away by any descent cast, discontinuance, or warranty,

to real actions

the might maintain any such writ or action as aforesaid in respect of con such land, such writ or action may be brought after the said First of the Act, &c. day of June, One thousand eight hundred and thirty-five, but only within the period during which by virtue of the provisions of this Act an entry might have been made upon the same land by the person bringing such writ or action if his right of entry had not been so taken away.

XXXIX. And be it further enacted, That no descent cast, dis- No descent. continuance, or warranty which may happen or be made after the warranty, &c., said Thirty-first day of December, One thousand eight hundred and to bar a right thirty-three shall toll or defeat any right of entry or action for the of entry. recovery of land.

XL. And be it further enacted, That after the said Thirty-first Money charged day of December, One thousand eight hundred and thirty-three, no upon land and action or suit or other proceeding shall be brought to recover any legacies to be

deemed satisfied sum of money secured by any mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent, at law twenty years if or in equity, or any legacy, but within twenty years next after a there shall be present right to receive the same shall have accrued to some person no interest paid capable of giving a discharge for or release of the same, unless in or acknowledg

ment in the mean time some part of the principal money, or some interest writing in thereon shall have been paid, or some acknowledgment of the right the mean time. thereto shall have been given in writing signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent; and in such case no such action or suit or proceeding shall be brought but within twenty years after such payment or acknowledgment, or the last of such payments or acknowledgments if more than one was given.

No arrears of XLI. And be it further enacted, that after the said Thirty-first dower to be

recovered for day of December, One thousand eight hundred and thirty-three, no

more than six

years,

No. 7. arrears or dower, nor any damages on account of such arrears, shall Act 3 & 4 be recovered or obtained by any action or suit for a longer period W. 4, c. 27. than six years next before the commencement of such action

or suit. No arrears of XLII. And be it further enacted, That after the said Thirty-first rent or interest day of December, One thousand eight hundred and thirty-three, no to be recovered for more than

arrears of rent or of interest in respect of any sum of money six years.

charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next after the same respectively shall have become due, or next after an acknowledgment of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable, or his agent: Provided nevertheless, that where any prior mortgagee or other incumbrancer shall have been in possession of any land, or in the receipt of the profits thereof, within one year next before an action or suit shall be brought by any person entitled to a subsequent mortgage or other incumbrance on the same land, the person entitled to such subsequent mortgage or incumbrance may recover in such action or suit the arrears of interest which shall have become due during the whole time that such prior mortgagee or incumbrancer was in such possession or receipt as aforesaid, although such time may have

exceeded the said term of six years. Act to extend to XLIII. And be it further enacted, That after the said thirtythe Spiritual

first day of December, One thousand eight hundred and thirtythree, no person claiming any tithes, legacy, or other property for the recovery of which he might bring an action or suit at law or in equity shall bring a suit or other proceeding in any spiritual Court to recover the same but within the period during which he might

bring such action or suit at law or in equity. Act not to

XLIV. Provided always, and be it further enacted, That this extend to

Act shall not extend to Scotland, and shall not, so far as it relates Scotland, nor to 1 adrowsons in

to any right to permit to or bestow any church, vicarage, or other Ireland, ecclesiastical benefice, extend to Ireland. Act may be XLV. And be it further enacted, That this Act may be amended, amended. altered, or repealed during this present Session of Parliament.

Courts.

No. 8. No. 8.—Wm. 4, ch. 106. An Act for the Amendment of the Law of Act 3 & 4

Inheritance. (29th August, 1833.) W.4, c. 106.

DE it enacted by the King's most Excellent Majesty, by and with

D the advice and consent of the Lords Spiritual and Temporal,

and Commons, in this present Parliament assembled, and by the Meaning of authority of the same, That the words and expressions hereinafter words in the mentioned, which in their ordinary signification have a more conAct:

fined 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, advowsons, messuages, and all

other hereditaments, whether corporeal or incorporeal, and whether freehold or copyhold, or of any other tenure, and whether descendible according to the common law, or according to the custom of gavelkind or borough English, or any other custom, and to money

« 이전계속 »