27 VICTORIA, after the passing hereof and as if such variations had been made in No. 213. the said amending Act as this statute would have required.

Interpretation of terms.

3 & 4 Will. IV. c. 74 s. 1.

22 & 23 Vict. c. 35 s. 24.

3. In the construction of Parts IV. VII. VIII. and IX. of this Act the following words and expressions shall have the several meanings hereby assigned to them (unless there be something in the subject or context repugnant to such construction) that is to say:

The word "land" shall extend to messuages lands tenements rents and hereditaments whether corporeal or incorporeal and any undivided share thereof. And the word "estate" shall extend to an estate in equity as well as at law and shall also extend to any interest charge right title lien or incumbrance either at law or in equity and whether present or vested or future or contingent in upon or affecting land and shall also extend to any interest charge lien or incumbrance in upon or affecting money subject to be invested in the purchase of land. And the expression "estate tail" in addition to its usual meaning shall mean a base fee into which an estate tail shall have been converted. And the expression "tenant in tail" in addition to its usual meaning shall mean a person who where an estate tail shall have been barred and converted into a base fee would have been tenant of such estate tail if the same had not been barred.

And the expression "money subject to be invested in the purchase of land" shall include money whether raised or to be raised and whether the amount thereof be or be not ascertained; and shall extend to Government and real and other securities the produce of which is directed to be invested in the purchase of land.

And every assurance already made or hereafter to be made whether by deed will settlement or otherwise by which land is or shall be entailed or agreed or directed to be entailed shall be deemed a settlement; and every appointment made in exercise of any power contained in any settlement or of any other power arising out of the power contained in any settlement shall be considered as part of such settlement; and the estate created by such appointment shall be considered as having been created by such settlement; and where any such settlement is or shall be made by will the time of the death of the testator shall be considered the time when such settlement was made.

In the construction of Part XII. of this Act and of section 189The term "land" shall be taken to include any part or share of or estate or interest in any land of what tenure or kind soever. And

The term "mortgage" shall be taken to include every instrument by virtue whereof land is in any manner conveyed assigned pledged or charged as security for the repayment of money or money's worth lent and to be re-conveyed re-assigned or released on satisfaction of the debt. And

No. 213.

The term "mortgagor" shall be taken to include every person 27 VICTORIA,
by whom such conveyance assignment pledge or charge
as aforesaid shall be made.

And

The term "mortgagee" shall be taken to include every person
to whom or in whose favor any such conveyance assign-
ment pledge or charge as aforesaid is made or transferred.

PART I.-INHERITANCE.

3 & 4 Will. IV.

4. The words and expressions hereinafter in this Part men- Meaning of tioned which in their ordinary signification have a more confined or words in the Act. a different meaning shall in this Part (except where the nature of c. 106 s. 1. the provision or the context shall exclude such construction) be interpreted as follows (that is to say):-The word "land" shall extend "Land." to messuages and all other hereditaments whether corporeal or incorporeal and whether freehold or of any other tenure and to money to be laid out in the purchase of land and to chattels and other personal property transmissible to heirs and also to any share of the same hereditaments and properties or any of them and to any estate of inheritance or estate for any life or lives or other estate transmissible to heirs and to any possibility right or title of entry or action and any other interest capable of being inherited and whether the same estates possibilities rights titles and interests or any of them shall be in possession reversion remainder or contingency. And the words "the purchaser" shall mean the person who last acquired the "The purchaser." land otherwise than by descent or than by any escheat partition or enclosure by the effect of which the land shall have become part of or descendible in the same manner as other land acquired by descent. And the word "descent" shall mean the title to inherit land by "Descent." reason of consanguinity as well where the heir shall be an ancestor or collateral relation as where he shall be a child or other issue. And the expression "descendants" of any ancestor shall extend to "Descendants." all persons who must trace their descent through such ancestor. And the expression "the person last entitled to land" shall extend "Persons last to the last person who had a right thereto whether he did or did not obtain the possession or the receipt of the rents and profits thereof. And the word assurance shall mean any deed or instrument “Assurance.” (other than a will) by which any land shall be conveyed or transferred at law or in equity.

66

entitled."

from the pur

last owner shall

be

considered to unless the con

be the purchaser

trary be proved. Ib. 8. 2.

5. In every case descent shall be traced from the purchaser; Descent shall and to the intent that the pedigree may never be carried further always be traced back than the circumstances of the case and the nature of the title chaser but the shall require, the person last entitled to the land shall for the purposes of this Part be considered to have been the purchaser thereof, unless it shall be proved that he inherited the same; in which case the person from whom he inherited the same shall be considered to have been the purchaser unless it shall be proved that he inherited the same; and in like manner the last person from whom the land shall be proved to have been inherited shall in every case be considered to have been the purchaser, unless it shall be proved that he inherited the same.

under a will shall

6. When any land shall have been devised by any testator who Heir entitled shall die after the passing of this Act to the heir or to the person take as devisce

27 VICTORIA, Who shall be the heir of such testator, such heir shall be considered No. 213. to have acquired the land as a devisee and not by descent. And and a limitation when any land shall have been limited by any assurance executed to the grantor or after the passing of this Act to the person or to the heirs of the person who shall thereby have conveyed the same land, such person shall be considered to have acquired the same as a purchaser by virtue of such assurance, and shall not be considered to be entitled thereto as his former estate or part thereof.

his heirs
create an estate
by purchase.

3 & 4 Will. IV.
c. 106 s. 3.

Where heirs take
by purchase
under limitations
to the heirs of
their ancestor
the land shall
descend as if the

7. When any person shall have acquired any land by purchase under a limitation to the heirs or to the heirs of the body of any of his ancestors contained in an assurance executed after the passing of this Act, or under a limitation to the heirs or to the heirs of the ancestor had been body of any of his ancestors, or under any limitation having the same effect contained in a will of any testator who shall depart this life after the passing of this Act, then and in any of such cases such land shall descend and the descent thereof shall be traced as if the ancestor named in such limitation had been the purchaser of such land.

the purchaser.

Ib. s. 4.

Brothers &c. shall trace descent through

their parent.

Ib. s. 5.

Lineal ancestor may be heir in preference to collateral persons claiming

through him. 1b. s. 6.

The male line to be preferred.

Ib. s. 7.

The mother of more remote

male ancestor to

the mother of the less remote male ancestor.

Ib. s. 8.

8. No brother or sister shall be considered to inherit immediately from his or her brother or sister; but every descent from a brother or sister shall be traced through the parent.

9. Every lineal ancestor shall be capable of being heir to any of his issue; and in every case where there shall be no issue of the purchaser, his nearest lineal ancestor shall be his heir in preference to any person who would have been entitled to inherit either by tracing his descent through such lineal ancestor or in consequence of their being no descendant of such lineal ancestor; so that the father shall be preferred to a brother or sister and a more remote lineal ancestor to any of his issue other than a nearer lineal ancestor or his issue.

10. None of the maternal ancestors of the person from whom the descent is to be traced nor any of their descendants shall be capable of inheriting until all his paternal ancestors and their descendants shall have failed; and no female paternal ancestor of such person nor any of her descendants shall be capable of inheriting until all his male paternal ancestors and their descendants shall have failed; and no female maternal ancestor of such person nor of any of her descendants shall be capable of inheriting until all his male maternal ancestors and their descendants shall have failed.

11. Where there shall be a failure of male paternal ancestors of the person from whom the descent is to be traced and their be preferred to descendants, the mother of his more remote male paternal ancestor or her descendants shall be the heir or heirs of such person in preference to the mother of a less remote male paternal ancestor or her descendants. And where there shall be a failure of male maternal ancestors of such person and their descendants, the mother of his more remote male maternal ancestor and her descendants shall be the heir or heirs of such person in preference to the mother of a less remote male maternal ancestor and her descendants.

Half blood if on the part of a

male ancestor

12. Any person related to the person from whom the descent is to be traced by the half blood shall be capable of being his heir;

of the same

and the place in which any such relation by the half blood shall 27 VICTORIA, stand in the order of inheritance so as to be entitled to inherit shall No. 213. be next after any relation in the same degree of the whole blood and to inherit after his issue where the common ancestor shall be a male, and next after the whole blood the common ancestor where such common ancestor shall be a female; degree if on the so that the brother of the half blood on the part of the father shall ancestor after inherit next after the sisters of the whole blood on the part of the 3 & 4 Will. IV. father and their issue, and the brother of the half blood on the part c. 106 s. 9. of the mother shall inherit next after the mother.

part of a female

her.

of a person

inherit.

13. When the person from whom the descent of any land is to After the death be traced shall have had any relation who having been attainted attainted his shall have died before such descent shall have taken place, then such descendants may attainder shall not prevent any person from inheriting such land Ib. s. 10. who would have been capable of inheriting the same by tracing his descent through such relation if he had not be attainted, unless such land shall have escheated in consequence of such attainder before the passing of this Act.

14. This Part shall not extend to any descent which takes place Extent of Act. on the death of any person who died before the passing of this Act. Ib. s. 11.

before the passing

then living shall

the Act had not

15. Where any assurance executed before the passing of this Limitations made Act or the will of any person who shall have died before the passing of Act to the of this Act shall contain any limitation or gift to the heir or heirs heirs of a person of any person under which the person or persons answering the take effect as if description of heir shall be entitled to an estate by purchase, then been made. the person or persons who would have answered such description of Ib. s. 12. heir if this Act had not been made shall become entitled by virtue of such limitation or gift, whether the person named as ancestor shall or shall not be living on or after the passing of this Act.

22 & 23 Vict.

16. Where there shall be a total failure of heirs of the pur- Descent how to chaser, or where any land shall be descendible as if an ancestor had be traced. been the purchaser thereof and there shall be a total failure of the c. 35 s. 19. heirs of such ancestor, then and in every such case the land shall descend and the descent shall thenceforth be traced from the person last entitled to the land as if he had been the purchaser thereof.

PART II.-LIMITATION OF ACTIONS AND SUITS RELATING TO REAL
PROPERTY AND THE REMEDIES FOR TRYING THE RIGHTS THERETO.

words in the Act.

3 & 4 Will. IV.

17. The words and expressions hereinafter in this Part men- Meaning of the tioned which in their ordinary signification have a more confined or different meaning shall in this Part except where the nature of the c. 27 s. 1. provision or the context shall exclude such construction be interpreted as follows (that is to say):-The word "land" shall extend to "Land." messuages and all corporeal hereditaments whatsoever 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 freehold or held according to any other tenure. And the word "rent" shall "Rent." extend to all annuities and periodical sums of money charged upon or payable out of any land. And the person through whom another Person through person is said to claim shall mean any person by through or under whom another 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

claims.

No. 213.

"Person."

27 VICTORIA, curtesy 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 some person through whom he claims became entitled as lord by escheat. And the word "person" shall extend to a body politic corporate or collegiate and to a class of creditors or other persons as well as an individual. And every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing; and every word importing the masculine gender only shall extend and be applied to a female as well as a male.

Number and
gender.

No land or rent
to be recovered
but within 15
years after the
right of action
accrued to the

claimant or some
person whose

18. After the passing of this Act no person shall make an entry or distress or bring an action to recover any land or rent but within fifteen years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims; or, if such right shall not estate he claims. have accrued to any person through whom he claims, then, within fifteen years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to the person making or bringing the same.

3 & 4 Will. IV.
c. 27 s. 2.

When the right

shall be deemed

to have accrued.
Ib. s. 3.

In the case of an

estate in pos-
session.

death.

19. In the construction of this Part of this Act the right to make an entry or distress or bring an action to recover any land or rent shall be deemed to have first accrued at such time as hereinafter is mentioned (that is to say):-When the person claiming such land or rent or some person through whom he claims shall in respect of the estate or interest claimed have been in possession or in receipt of the profits of such land or in receipt of such rent and On dispossession. shall while entitled thereto have been dispossessed or have discontinued such possession or receipt, then such right shall be deemed to have first accrued at the time of such dispossession or discontinuance of possession or at the last time at which any such profits or rent On abatement or were or was so received. And when the person claiming such land or rent shall claim the estate or 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.(a) And when the person claiming such land 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

On alienation.

(a) In an action of ejectment by the curator, as representing the heir at law (36 Vict. No. 427 8. 9, "Administration (Deceased Persons Estates)," ante, p. 18) of an intestate who died before 1864 and more than fifteen years before action brought,

it is not necessary for him to show possession within the period of limitation, the onus lies on the defendant of proving want of such possession, and if made constitutes a good defence.— Weigall v. Blyth, 5 A.J.R., 106.