first accrued at the time at which the rent was first so wrongfully received.

10. No person shall be deemed to have been in possession of Mere entry not any land within the meaning of this Act, merely by reason of possession. having made an entry thereon.

11. 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 action.

12. When any one or more of several persons entitled to any land or rent as co-parceners, 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 profits or 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, 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.

Joint owners.

brother.

13. When a younger brother, or other relation of the person Younger 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, the same shall not be deemed to be the sion or receipt of or by the person entitled as heir.

posses

14. When any acknowledgment of the title of the person Acknowledgentitled to any land or rent shall have been given to him, or his ment in writing. 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, (a)

18. When any person shall be under disability at the time at Disability. 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 die without having ceased to be under such disability, no time to make an entry, &c., beyond the period of [12 (b)] years

(a) Where a title to land has been acquired by adverse possession for the statutory period, an acknowledgment given after such period has expired to the former owner is not sufficient to take the case out of the statute: (Sanders v. Sanders, 45 L. T. 637.)

(b) See 37 & 38 Vict. c. 57, infra.

Future estates.

Entailed lands.

Suit in equity.

Express trust.

Fraud.

Acquiescence.

next after the right of such person to make an entry, &c., shall have first accrued, or the period of [6 (a)] years next after the time at which such person shall have died, shall be allowed by reason of any disability of any other person.

20. When the right to an estate in possession is barred, the right of the same person to future estates in or to the same land or rent shall also be barred.

21. When the right of a tenant in tail is barred, no such entry, &c., shall be made, &c., by any person whom such tenant in tail might have barred.

22. When a tenant in tail of any land or rent, entitled to recover the same, shall have died before the expiration of the period which shall be applicable in such case for making an entry, &c., no person whom he might have barred shall make an entry, &c., but within the period during which, if such tenant in tail had so long lived, he might have made such entry, &c.

24. No suit in equity to recover land or rent shall be brought after the time when the plaintiff, if entitled at law, might have brought an action.

25. When any land or rent shall be vested in a trustee, upon any express trust, the right of the cestui qui 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 considerable, and shall then be deemed to have accrued only as against such purchaser, and any person claiming through him.

26. In every case of a concealed fraud, the right of any person to bring a suit in equity for the recovery of any 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. Proviso: Nothing in this clause shall enable any owner of land or rents, to have a suit in equity for the recovery thereof, or for setting aside any conveyance thereof 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.

27. Nothing in this Act shall be deemed to interfere with

(a) See 37 & 38 Vict. c. 57, infra.

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.

29. No land or rents shall be recovered by any ecclesiastical Ecclesiastical or eleemosynary corporations sole, but within two incumbencies lands. and six years, or if such periods do not together amount to sixty years, then within such further number of years as will, in addition, make up sixty years.

30. No advowson shall be recovered but within three incum- Advowsons. bencies, or if they do not together amount to sixty years, then within such further number of years as will, in addition, make up sixty years.

31. Incumbencies after a lapse shall be reckoned within such period as aforesaid, but not incumbencies after promotion to bishoprics.

32. Every person claiming a right to present to, or bestow any ecclesiastical benefice as patron thereof, by virtue of any estate, interest, or right, which the owner of an estate tail in the advowson might have barred, shall be deemed to be a person claiming through the person entitled to such estate tail, and the right to bring any quare impedit action, or suit, shall be limited accordingly.

33. No advowson shall be recovered after one hundred years adverse possession, unless a clerk shall subsequently have obtained possession on the presentation or gift of the person claiming, or some person through whom he claims, or some other person entitled in respect of an estate, share or right, held or derived under the same title.

34. At the determination of the respective limited periods as Extinguishment aforesaid, the right of the party out of possession shall be of right. extinguished.

39. No descent or discontinuance which may happen after the No descent to 31st of December, 1838, shall defeat any right of entry or action bar right of for the recovery of land.

41. Only six years arrears of dower shall be recoverable.

entry.

Dower.

42. No arrears of rent or of interest in respect of any sum Rent. 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 Interest. within six years (a) next after the same respectively shall have become due, or next after an acknowledgment of the same in

(a) But if the rent has been reserved by deed twenty years arrears may be recovered by bringing an action on the covenant to pay, unless, indeed, the decision in Sutton v. Sutton (see post, p. 188), should be held to apply to this case.

Actions by mort gagees to recover land.

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. Proviso: 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, &c., 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, although such time may have exceeded six years.

An Act to Amend the 3 & 4 Will. 4, c. 27.

7 WILL. 4 & 1 VICT. C. 28.

By this Act, any person entitled to, or claiming under, any mortgage of land, being land as defined by the 3 & 4 Will. 4, c. 27, s. 1, may make an entry, or bring an action, to recover such land at any time within [12 (a)] years next after the last payment of any part of the principal money or interest secured by such mortgage, although more than [12 (a)] years may have elapsed since the time at which the right to make such entry, or bring such action or suit, shall have first accrued (b).

Limitation of actions for land or rent.

An Act for the further Limitation of Actions and Suits relating to Real Property.

37 & 38 VICT. c. 57.

1. After the commencement of this Act no person shall make an entry or distress, or bring an action or suit, to recover any land or rent, but within twelve years next after the time at which the right to make such entry or distress, or to bring such action

(a) See 37 & 38 Vict. c. 57, infra.

(b) A payment without the authority of the mortgagor of rent by a tenant of part of the land in mortgage on demand to the mortgagee is not a "payment of any part of the principal money or interest secured by such mortgage," which will keep alive the mortgagee's right to bring an action of foreclosure in respect of the whole property, although it operates to put the mortgagee in possession of the part of the property in respect of which the rent is paid. "Payment," to take a case out of the Statute of Limitations," must be by way of acknowledgment, and it will not be sufficient within this Act unless it is made by a person liable, or his agent, or a person bound to make payment on his account. An action of foreclosure is an action for the recovery of land: (Harlock v. Ashberry, 19 Ch. Div. 539; 51 L. J. 394, Ch.)

or suit, shall have first accrued to some person through whom he claims; or if such right shall not have accrued to any person through whom he claims, then within twelve years after the time at which the right to make such entry or distress, or to bring such action or suit, shall have first accrued to the person making, or bringing the same (a).

2. A right to make an entry or distress, or to bring an action Future estates. or suit, to recover any land or rent, shall be deemed to have first accrued, in respect of an estate or interest in reversion or remainder, or other future estate or interest, 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 rent, 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 the possession or receipt of the profits of such land, or in receipt of such rent:

But if the person last entitled to any particular estate on which any future estate or interest was expectant shall not have been in the possession or receipt of the profits of such land, or in receipt of such rent, at the time when his interest determined, no such entry or distress shall be made, and no such action or suit shall be brought, by any person becoming entitled in possession to a future estate or interest, but within twelve years next after the time when the right to make an entry or distress, or to bring an action or suit, for the recovery of such land or rent, shall have first accrued to the person whose interest shall have so determined, or within six years next after the time when the estate of the person becoming entitled in possession shall have become vested in possession, whichever of those two periods shall be the longer; and if the right of any such person to make such entry or distress, or to bring any such action or suit, shall have been barred under this Act, no person afterwards claiming to be entitled to the same land or rent in respect of any subsequent estate or interest under any deed, will, or settlement, executed or taking effect after the time when a right to make an entry or distress, or to bring an action or suit for the recovery of such land or rent, shall have first accrued to the owner of the particular estate whose interest

(a) The statute ceases to run against a mortgagee out of possession when he commences an action for foreclosure, and therefore a mortgagee who within twelve years has sued for and obtained an order for foreclosure can recover the land, although no payment of interest or on account of principal has been made to him by the mortgagor within twelve years: (Heath v. Pugh, 44 L. T. 327; 6 C. P. Div. 345; 50 L. J. 473, C. P.)