No. 213. In case of future instrument. And when the estate or interest claimed shall have 27 VICTORIA, been an estate or interest in reversion or remainder or other future estate or interest and no person shall have obtained the possession or receipt of the profits of such land or the receipt of such rent in estates. respect of such estate or interest, then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession. And when the person claiming In case of forsuch land or rent or the person through whom he claims shall have of condition. 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. feiture or breach of forfeiture is he shall have a his estate comes 20. Provided always that when any right to make an entry or where advantage distress or to bring an action to recover any land or rent by reason not taken by of any forfeiture or breach of condition shall have first accrued in remainder man respect of any estate or interest in reversion or remainder and the new right when land or rent shall not have been recovered by virtue of such right, into possession. the right to make an entry or distress or bring an action to recover 3 & 4 Will. IV. 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. c. 27 s. 4. have a new right. 21. Provided also that a right to make an entry or distress or Reversioner to 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 Ib. s. 5. 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. to claim as if he 22. For the purposes of this Part of this Act, an administrator An administrator claiming the estate or interest of the deceased person of whose obtained the chattels he shall be appointed administrator shall be deemed to estate without claim as if there had been no interval of time between the death of death of deceased. such deceased person and the grant of the letters of administration. Ib. s. 6. interval after tenant at will be to year. Ib. s. 7. 23. When any person shall be in possession or in receipt of In the case of a the profits of any land or in receipt of any rent as tenant at will, the right shall the right of the person entitled subject thereto or of the person he deccrued at through whom he claims to make an entry or distress or bring an the end of one 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 terant at will within the meaning of this clause to his mortgagee or trustee. No after a person tenancy from have any right 24. 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 year to year to to year or other period without any lease in writing, the right of the but from the end No. 213. of the first year 27 VICTORIA, 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 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). of rent. or last payment 3 & 4 Will. IV. c. 27 s. 8. Where rent amounting to 20s. reserved by a lease in writ ing shall have received no right the lease. Ib. s. 9. 25. 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 amounting to the yearly sum of twenty been wrongfully shillings or upwards shall be reserved, and the rent reserved by such to accrue on the lease shall have been received by some person wrongfully claiming determination of to be entitled to such land or rent in reversion immediately expectant on the determination 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 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. A mere entry Ib. s. 10. No right to be preserved by 26. No person shall be deemed to have been in possession of any land within the meaning of this Part of this Act merely by reason of having made entry thereon. 27. No continual or other claim upon or near any land shall continual claim. preserve any right of making an entry or distress or of bringing an Ib. s. 11. Possession of one coparcener &c. not to be the others. Ib. s. 12. action. 28. When any one or more of several persons entitled to any land or rent as coparceners joint tenants or tenants in common shall possession of the 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 last-mentioned person or persons or of any of them. Possession of a not to be the 29. When a younger brother or other relation of the person younger brother entitled as heir to the possession or receipt of the profits of any land possession of the 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. Ib. s. 13. Acknowledgment entitled or his agent to be equivalent to possession or receipt of rent. Ib. s. 14. 30. Provided always that when any acknowledgment of the to the person title of any person entitled to any land 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 Part 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 No. 213. same. And the right of such last-mentioned person or any person 27 VICTORIA, disability of coverture or tatives to be termination of 31. Provided always that if, at the time at which the right of Persons under any person to make an entry or distress or bring an action to recover fancy lunacy any land or rent shall have first accrued as aforesaid, such person even seas and shall have been under any of the disabilities hereinafter mentioned their represen(that is to say) infancy coverture idiotcy lunacy unsoundness of mind allowed ten or absence beyond seas, then such person or the person claiming years from the готую through him may, notwithstanding the period of fifteen years herein- their disability before limited shall have expired, make an entry or distress or bring 3 & 4 Will. IV. an action to recover such land or rent at any time within ten years c. 27 s. 16. 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). or death. shall be brought right of action 32. Provided nevertheless that no entry distress or action shall But no action &c. be made or brought by any person who at the time at which his right beyond thirty to make an entry or distress or to bring an action to recover any land years after the or rent shall have first accrued shall be under any of the disabilities accrued. hereinbefore mentioned or by any person claiming through him, but Ib. s. 17. within thirty 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 thirty 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. a succession of Ib. s. 18. 33. Provided always that when any person shall be under any No further time of the disabilities herein before mentioned at the time at which his to be allowed for right to make an entry or distress or to bring an action to recover disabilities. 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 fifteen 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. possession is of the same per estates shall also 34. When the right of any person to make an entry or distress when the right or bring an action to recover any land or rent to which he may have to an estate in been entitled for an estate or interest in possession shall have been barred the right barred by the determination of the period herein before limited which son to future shall be applicable in such case, and such person shall at any time be barred. during the said period have been entitled to any other estate interest Ib. s. 20. 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 meantime such land or rent shall have been recovered by some person entitled to an estate interest 3076an 27 VICTORIA, or right which shall have been limited or taken effect after or in defeasance of such estate or interest in possession. No. 213. Where tenant in tail is barred remainder men whom he might have barred shall not recover. 3 & 4 Will. IV. c. 27 s. 21. Possession ad verse to a tenant in tail shall run on against the remainder men have barred. Ib. s. 22. 35. 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. 36. When a tenant in tail of any land or rent entitled to recover the same shall have died before the expiration of the period hereinbefore limited which shall be applicable in such case for whom he might 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.. Where there shall have been possession under an assurance by which shall not a tenant in tail bar the remainders they shall be barred at the end of fifteen years after the time when the assurance if then executed would have barred them. Ib. s. 23. No suit in equity to be brought after the time if entitled at law might have 37. 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 other 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 to be in such possession or receipt for the period of fifteen 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 fifteen 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. 38. After the passing of this Act, no person claiming any land or rent in equity shall bring any suit to recover the same, but within when the plaintiff the period during which by virtue of the provisions herein before contained he might have made an entry or distress or brought an action to recover the same 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. brought an action. Ib. s. 24. In cases of express trust the right shall not be deemed to have accrued until a 39. Provided always that when any 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 conveyance to a 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 Part of this Act at and not before the time at which such purchaser. Ib. s. 25. No. 213. land or rent shall have been conveyed to a purchaser for a valuable 27 VICTORIA, consideration; and shall then be deemed to have accrued only as against such purchaser and any person claiming through him. run whilst the concealed. 40. In every case of a concealed fraud, the right of any person In cases of fraud to bring a suit in equity for the recovery of any land or rent of no time shall which he or any person through whom he claims may have been fraud remains deprived by such fraud shall be deemed to have first accrued at and 3 & 4 will. IV. not before the time at which such fraud shall or with reasonable c. 27 s. 26. diligence might have been first known or discovered. Provided that nothing in this clause contained shall enable any owner of lands and 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. on the ground of 41. Provided always that nothing in this Part of this Act con- Saving the juristained shall be deemed to interfere with any rule or jurisdiction of diction of equity courts of equity in refusing relief on the ground of acquiescence or acquiescence or otherwise to any person whose right to bring a suit may not be b. s. 27. barred by virtue of this Part of this Act. otherwise. of fifteen years when the mort session or from Ib. s. 28. 42. When a mortgagee shall have obtained the possession or Mortgagor to be receipt of the profits of any land or the receipt of any rent comprised barred at the end in his mortgage, the mortgagor or any person claiming through him from the time shall not bring a suit to redeem the mortgage, but within fifteen gagce took posyears next after the time at which the mortgagee obtained such pos- the last written session or receipt; unless in the meantime an acknowledgment of acknowledgment. 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 fifteen 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 operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money or land or rent. And where 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 |