Disability. Absence beyond seas. No action to be brought after thirty years. Entailed lands. When mortgagor barred. shall have so determined as aforesaid, shall make any 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. (b) 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 herein before 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 (a) See 45 & 46 Vict. c. 75, ss. 1 (2) and 12, post, title "Married Women." (b) 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.) 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. than one mort gagor. 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. on land, and 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 Sums charged on by express trusts. money, or some interest thereon, shall have been paid, or some acknowledgment of the right 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, suit, or proceeding shall be brought, but within twelve years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one, was given. (a) 10. After the commencement of this Act, no action, suit, or land and secured other proceeding shall be brought to recover any sum of money or legacy charged upon or payable out of any land or rent, at law or in equity, and secured by an express trust, or to recover any arrears of rent or of interest in respect of any sum of money or legacy so charged or payable and so secured, or any damages in respect of such arrears, except within the time within which the same would be recoverable if there were not any such trust. 12. This Act shall commence and come into operation on the 1st of January, 1879. Limitation of actions. LIMITATION OF ACTIONS (MISCELLANEOUS An Act for Limitation of Actions and for avoiding of Suits in Law. 21 JAC. 1, c. 16. 3. All actions of trespass quare clausum fregit, all actions of certain personal trespass, detinue, trover, and replevin, all actions of account, and upon the case (c) (except slander), all actions of debt grounded upon any lending or contract without specialty, and all actions of debt for arrears of rent shall be commenced within six years; all actions of assault, battery, wounding, or imprisonment, within (a) An action on a covenant to pay principal and interest in a deed of mortgage of land is within this section (Sutton v. Sutton, 48 L. T. 95); and a sum secured by a mortgage on land, and a like sum secured by a bond of even date as a collateral security, are treated as one and the same sum, so that where the right of action in respect of the land is gone, the right of action upon the bond is gone also: (Fearnside v. Flint, 48 L. T. 154.) (b) Where the time expires on a Sunday, it is too late to bring an action the next day (Morris v. Richards, 45 L. T. 210.) 3 B. & (c) Assumpsit is an action upon the case: (Battley v. Faulkner, Ald. 294.) four years, and slander (a) within two years next after the cause thereof respectively. 7. Provided that if any person that shall be entitled to any Disability such action shall be at the time of the cause thereof an infant, feme covert (b) or non compos mentis, such actions may be brought after such disability within such times as are before limited. An Act for the Amendment of the Law and the better 4 & 5 ANNE, c. 16. (c) 19. Actions against persons beyond the seas may be brought Action against after their return within such times as are limited by the person beyond 21 Jac. 1, c, 16. An Act for the better Regulation of Ecclesiastical Courts in England, and for the more easy Recovery of Church Rates and Tithes. 53 GEO. 3, c. 127. By this Act actions for tithes must be brought within six from the time when the tithes became due. seas. years Tithes. An Act for rendering a Written Memorandum necessary to the Validity of certain Promises and Engagements. 9 GEO. 4, c. 14. (d) (Lord Tenterden's Act.) out of Statute of 1. In actions of debt, or upon the case, grounded upon any Acknowledgsimple contract, no acknowledgment or promise by words only ment to take case shall be deemed sufficient evidence of a new or continuing Limitations. contract whereby to take any case out of the 21 Jac. 1, c. 16, or to deprive any party of the benefit thereof, unless such acknow (a) This limitation does not extend to an action for libel or written slander, nor to slander of title, which is limited to six years (Law v. Harwood, Cro. Car. 141), nor to an action for words actionable only in respect of special damage: (Saunders v. Edwards, 1 Sid. 95.) (6) See 45 & 46 Vict. c. 75, ss. 1 (2) and 12, post, title "Married Women." (c) In the Revised Statutes this Act appears as c. 3. It may be here remarked that it is to be feared that the alterations of the numbers of the chapters of several well-known Acts by the editors of the Revised Statutes will cause the student who has stored his memory with the old references a certain amount of confusion, and, consequently, of annoyance. (d) For other sections of this Act, see title "Frauds, &c.," ante, p. 120. Joint contractors. Indorsements of payments. Set-off. Actions of debt on specialties. ledgment or promise shall be made or contained by or in some writing to be signed by the party chargeable thereby. (a) Where there shall be two or more joint contractors, or executors, or administrator of any contractor, no such joint contractor, executor, or administrator shall lose the benefit of the said Act so as to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any other or others of them. Proviso: Nothing herein contained shall alter or take away or lessen the effect of any payment of any principal or interest made by any person. Proviso: In actions against two or more such joint contractors, or executors, or administrators, if it shall appear at the trial or otherwise, that the plaintiff though barred by the said Act or this Act as to one or more of such joint contractors, &c., shall nevertheless be entitled to recover against any other or others of the defendants by virtue of a new acknowledgment, or promise, or otherwise, judgment may be given and costs allowed for the plaintiff as to such defendant or defendants against whom he shall recover, and for the other defendant or defendants against the plaintiff. 3. No indorsement or memorandum of any payment written or made upon any promissory note, bill of exchange, or other writing by or on behalf of the party to whom such payment shall be made, shall be deemed sufficient proof of such payment, so as to take the case out of the said Act. 4. The said Act and this Act shall be deemed and taken to apply to the case of any debt on simple contract alleged by way of set-off on the part of any defendant. An Act for the further Amendment of the Law, and the better Administration of Justice. 3 & 4 WILL. 4, c. 42. (b) 3. All actions of debt for rent upon an indenture of demise, all actions of covenant or debt upon any bond or other specialty, and all actions of debt or scire facias upon any recognisance, and also all actions of debt upon any award where the submission is (a) If a written promise to pay a statute-barred debt has been lost, parol evidence may be given of the contents of the writing: (Haydon v. Williams, 7 Bing. 163.) There must be one of these three things to take the case out of the statute: 1. An acknowledgment of the debt, from which a promise to pay is to be implied. 2. An unconditional promise to pay the debt. 3. A conditional promise to pay the debt, and evidence that the condition has been performed: (Mellish, L.J., in Re River Steamer Company, 6 Ch. 828.) The acknowledgment must be given before action: (Bateman v. Pinder, 3 Q.B. 574.) (b) For other sections of this Act, see titles "Interest" and "Trustees, Executors, and Administrators." |