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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.
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 (seo post, p. 188), should be held to apply to this case.
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.
gagees to recover land.
An Act to Amend the 3 & 4 Will. 4, c. 27.
7 WILL. 4 & 1 Vict. c. 28. Actions by mort 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 (6).
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
Limitation of actions for land or rent.
(a) See 37 & 38 Vict. c. 57, infra.
(6) 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
"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. 589; 61 L. J. 894, 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
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 mortgages 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.)
Absence beyond seas.
shall have so determined as aforesaid, shall make
such entry or distress, or bring any such action or suit to recover such land or rent.
3. If at the time at which the right of any person to make an entry or distress, or to bring an action or suit, to recover any land or rent, shall have first accrued as aforesaid, such person shall have been under any of the disabilities hereinafter mentioned, viz., infancy, coverture (a), idiotcy, lunacy, or unsoundness of mind, then such person, or the person claiming through him, may, notwithstanding the period of twelve years or six years (as the case may be) herein before limited shall have expired, make an entry or distress, or bring an action or suit, to recover such land or rent at any time within six years next after the time at which the person to whom such right shall first have accrued shall have ceased to be under any such disability, or shall have died (whichever of those two events shall have first happened. (6)
4. The time within which any such entry may be made or any such action or suit may be brought as aforesaid shall not in any case after the commencement of this Act be extended or enlarged by reason of the absence beyond seas during all or any part of that time of the person having the right to make such entry or to bring such action or suit, or of any person through whom he claims.
5. No entry, distress, action, or suit shall be made or brought by any person who at the time at which his right to make any entry, or distress, or to bring an action or suit to recover any land or rent, shall have first accrued, shall be under any of the disabilities hereinbefore mentioned, or by any person claiming through him, but 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 six years from the time at which he shall have ceased to be under any such disability, or have died, shall not have expired.
6. In case of possession under an assurance by a tenant in tail, which shall not bar the remainders, they shall be barred at the end of twelve years after that period at which the assurance if then executed would have barred them.
7. When a mortgagee shall have obtained the possession or receipt of the profits of any land or the receipt of any rent
No action to be brought after thirty years.
When mortgagor barred.
(a) See 45 & 46 Vict. c. 75, ss. 1 (2) and 12, post, title “ Married Women."
(6) This section does not apply to extend the time for bringing actions for redemption against a mortgagee in possession, which is governed exclusively by sect. 7: (Forster v. Patterson, 44 L. T. 465; 17 Ch. Div. 132; 50 L. J. 60, Ch.)
than one mortgagor.
comprised in his mortgage, the mortgagor, or any person claiming though him, shall not bring any action or suit to redeem the mortgage, but within twelve years next after the time at which the mortgagee obtained such possession or receipt, unless in the meantime an acknowledgment in writing of the title of the mortgagor, or of his right to redemption, shall have been given to the mortgagor or some person claiming his estate, or to the agent of such mortgagor or person, signed by the mortgagee or the person claiming through him; and in such case no such action or suit shall be brought, but within twelve years next after the time at which such acknowledgment or the last of such, if more than one, was given.
When there shall be more than one mortgagor, or more than Where more 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 comprised in the mortgage, or some estate or interest therein, and not to any ascertained part of the mortgage 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 the whole of the land or rent comprised in the mortgage.
8. No action, suit, or other proceeding shall be brought to Money charged recover any sum of money secured by any mortgage, judgment, legacies, or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twelve years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same, unless in the meantime some part of the principal