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, are in possession, reversion, remainder or contingency; (2.) "Assurance" shall mean any deed or instrument (other than a will) by which any land may be conveyed or transferred at Law or in Equity; and (3.) "Rent" shall extend to all annuities and periodical sums of "Rent." money charged upon or payable out of any land. C. S. U. C. c. 88, s. 49. 3. This Act shall commence and be deemed to have taken effect, and Commencement chapter eighty-eight of the Consolidated Statutes of Upper Canada, and of the Act. section twenty-two of the Act passed in the thirty-second year of Her Majesty's reign, and chaptered seven, to have been repealed, on and after the first day of July one thousand eight hundred and seventyseven, as respects any person who, on and for twelve months continuously after the twenty-first day of December, one thousand eight hundred and seventy-four, resided without this Province, and is a person entitled to make an entry or distress or to bring an action or suit to recover any land or rent; or so resident, is a mortgagor, or person entitled to redeem within the meaning of the nineteenth, twentieth or twentyfirst sections of this Act; or so resident is a person entitled to, or claiming under a mortgage within the meaning of the twenty-second section ; or so resident is a person entitled to bring an action, suit, or other proceeding within the meaning of the twenty-third section; or so resident as a person entitled to an action suit or other proceeding within the meaning of the twenty-fourth section of this Act; or so resident is a person claiming an estate, interest or right, to take effect after or in defeasance of an estate tail within the meaning of the twenty-eighth section; or so resident is a person entitled to demand dower; and except as respects the persons, and in the cases mentioned above in this section, this Act shall be deemed to have commenced and taken effect and the said Acts to have been repealed from and after the first day of July, one thousand eight hundred and seventy-six. 38 V. c. 16, s. 16. LAND OR RENT. 4. No person shall make any entry or distress, or bring any action No land or rent or suit, to recover any land or rent, but within ten years next after the to be recovered but within ten time at which the right to make such entry or distress, or to bring such years after the action or suit, first accrued to some person through whom he claims; right of action accrued. or if such right did not accrue to any person through he claims, then Imp. Act, 3-4 within ten years next after the time at which the right to make such W. IV. c. 27, s. 2; entry or distress, or to bring such action or suit, first accrued to the 37-38 V. c. 57, s. person making or bringing the same. 38 V. c. 16, s. 1. 1. shall be deemed 5. In the construction of this Act, the right to make an entry or dis- When the right tress, or bring an action to recover any land or rent, shall be deemed to have first acto have first accrued at such time as hereinafter is mentioned : crued. (1.) Where the person claiming such land or rent, or some person On dispossession through whom he claims, has, in respect of the estate or interest claimed, IV. c. 27, 8. 3. Imp. Act, 3-4 W. been in possession or in the receipt of the profits of such land, or in re On abatement or Imp. Act, 3-4 W. On alienation. As to lands not proved. ceipt of such rent, and has, while entitled thereto, been dispossessed, or has 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 were or was so received. C. S. U. C. c. 88, s. 2 (1). (2.) Where the person claiming such land or rent claims the estate or interest of some deceased person who continued in such possession or receipt, in respect of the same estate or interest, until the time of his death, and was the last person entitled to such estate or interest who was in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death. C. S. U. C. c. 88, s. 2 (2). (3). Where the person claiming such land or rent claims 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 receipt of the rent, and no person entitled under such instrument has been in 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 instrument. C. S. U. C. c. 88, s. 2 (3). (4.) In the case of lands granted by the Crown of which the grantee cultivated or im- his heirs or assigns, by themselves, their servants or agents, have not taken actual possession by residing upon or cultivating some portion thereof, and in case some other person not claiming to hold under such grantee has been in possession of such land, such possession having been taken while the land was in a state of nature, then unless it can be shown that such grantee or such person claiming under him while entitled to the lands had knowledge of the same being in actual possession of such other person, the lapse of ten years shall not bar the right of such grantee or any person claiming under him to bring an action for the recovery of such land, but the right to bring an action shall be deemed to have accrued from the time that such knowledge was obtained but no such action shall be brought or entry made after twenty years from the time such possession was taken as aforesaid. 27-8 V. c. 29, s. 1; 38 V. c. 16, s. 15. Proviso. When rent amounting to $4 rent was wrongfully received. Imp. Act, 3-4 W. IV. c. 27, s. 9. (5.) Where any person is in possession or receipt of the profits of any reserved by lease land, or in receipt of any rent by virtue of a lease in writing, by which in writing has a rent amounting to the yearly sum of four dollars or upwards is rebeen wrongfully served, and the rent reserved by such lease has been received by soine received, the right to accrue person wrongfully claiming to be entitled to such land or rent in reverat the time the sion immediately expectant on the determination of such lease, and no payment in respect of the rent reserved by such lease has afterwards 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. Č. S. U. C. c. 88, s. 10. (6.) Where any person is in possession or in receipt of the profits of any land, or in receipt of any rent as tenant from year to year or other have any right period, without any lease in writing, the right of the person entitled No person after tenancy from year to year to a or last payment subject thereto, or of the person through whom he claims, to make an but from the end. entry or distress, or to bring an action to recover such land or rent, of the first year shall be deemed to have first accrued at the determination of the first of rent. of such years or other periods, or at the last time when any rent pay- Imp. Act, 3-4 W. IV. c. 27, c. 8. able in respect of such tenancy was received (whichever last happened). C. S. U. C. c. 88, s. 9. (7.) Where any person is in possession or in receipt of the profits of In the case of a any land, or in receipt of any rent, as tenant at will, the right of the tenant at will, the right shall person entitled subject thereto, or of the person through whom he be deemed to claims, to make an entry or distress, or to bring an action to recover have accrued at such land or rent, shall be deemed to have first accrued either at the the end of one year. Imp. Act, determination of such tenancy, or at the expiration of one year next 2-4 W. IV. c. 27, after the commencement of such tenancy, at which time such tenancy shall be deemed to have determined. Č. S. U. C. c. 88, s. 7. 8. 7. (8.) No mortgagor or cestui que trust shall be deemed to be a tenant at Case of mortgawill within the meaning of the next preceding sub-section to his mort- gor or cestui quegagee or trustee. C. S. U. C. c. 88, s. 8. trust. of condition. (9.) Where the person claiming such land or rent, or the person In case of forthrough whom he claims, has become entitled, by reason of any forfei- feiture or breach ture or breach of condition, then such right shall be deemed to have Imp. Act, 3-4 first accrued when such forfeiture was incurred or such condition W. IV. c. 27, s. 3. broken. C. S. U. C. c. 88, s. 2 (5). not taken by (10.) Where any right to make an entry ordistress, or to bring an Where advantage action or recover any land or rent, by reason of any forfeiture or breach of forfeiture is of condition, has first accrued in respect of any estate or interest in remainder-man, reversion or remainder, and the land or rent has not been recovered he shall have a by virtue of such right, the right to make an entry or distress, or to new right when bring an action to recover such land or rent, shall be deemed to have into possession. first accrued in respect of such estate or interest at the time when the Imp. Act, 3-4 W. IV. c. 28, s. 4. same became an estate or interest in possession, as if no such forfeiture or breach of condition had happened. C. S. U. C. c. 88, s. 4. his estate comes estates. (11.) Where the estate or interest claimed is an estate or interest in In case of future reversion or remainder, or other future estate or interest, and no person em Act, 3-4 has obtained the possession or receipt of the profits of such land, or w. iv. c. 27, s. 3. the receipt of such rent, in 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. C. S. U. C. c. 88, s. 2 (4). estates. Imp. Act, 3-4 (12.) A right to make an entry or a distress, or to bring an action or Provisions for a suit, to recover any land or rent, shall be deemed to have first ac- case of future crued, in respect of an estate or interest in reversion or remainder, or future estate or interest, at the time at which the same became an estate or interest in possession, by the determination of any estate or estates in respect of which such land has been held or the profits thereof or such rent have been received, notwithstanding that the person claiming such land or rent, or some person through whom he claims, has, at any time previously to the creation of the estate or estates which have determined, been in the possession or receipt of the profits of such land, or in receipt of such rent. 38 V. c. 16, s. 2. Time limited as any to future estates 6. If the person last entitled to any particular estate on which future estate or interest was expectant has not been in possession or when person en receipt of the profits of such land, or in receipt of such rent, at the titled to the time when his interest determined, no such entry or distress shall be particular estate 37-S V. c. 57, s. 2. out of possession, made, and no such action or suit shall be brought, by any person beetc. Imp. Act, coming entitled in possession to a future estate or interest, but within ten 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, first accrued to the person whose interest has so determined, or within five years next after the time when the estate of the person becoming entitled in possession has become vested in possession, whichever of those two periods is the longer. 38 V. c. 16, s. 3. The case of bar of future estate quent interest created after right of entry, (2.) If the right of any person to make such entry or distress, or to and of a subse bring any such action or suit, has 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, first accrued to the owner of the particular estate whose interest has so determined as aforesaid, shall make any such entry or distress, or bring any such action or suit, to recover such land or rent. 32 V. c. 16, s. 4. etc., accrued to owner of parti eular estate. Imp. Act, 37-8 V. c. 57, s. 2. When the right to an estate in possession is sons to future estates shall also -be barred. Imp. Act, 3-4 W. IV. c. 27, s. 20. (3.) Where the right of any person to make an entry or distress, or to bring an action to recover any land or rent to which he has been enbarred, the right titled for an estate or interest in possession, has been barred by the of the same per- determination of the period, herein before limited, which is applicable in such case, and such person has, at any time during the said period, been entitled to any other estate, interest, right or possibility, in reversion, remainder or otherwise in or to the same land or rent, no entry, distress or action shall be 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 has been recovered by some person entitled to an estate, interest or right which has been limited or taken effect after or in defeasance of such estate or interest in possession. C. S. U. C. c. 88, s. 48. 7. For the purposes of this Act, an administrator claiming the estate or interest of the deceased person of whose chattels he has been appointed administrator, shall be deemed to claim as if there had been no interval of time between the death of such deceased person and the grant of the letters of administration. C. S. U. C. c. 88, s. 6. An administra tor to claim as if he obtained the estate without interval after death of deceased. 3-4 W. IV. c. 27, s. 6. A mere entry 8. No person shall be deemed to have been in possession of any land not to be deemed within the meaning of this Act, merely by reason of having made an possession. entry thereon. C. S. U. C. c. 88, s. 11. Idem s. 10. No right to be preserved by continual claim. Idem s. 11. No descent, warranty, &c., to bar a right of entry or action. Idem s. 39. Possession of one coparcener, &c., not to be 9. No continual or other claim upon or near any land shall preserve any right of making an entry or distress, or of bringing an action. C. S. U. C. c. 88, s. 12. 10. No descent cast, discontinuance 'or warranty, which has happened or been made since the first day of July, one thousand eight hundred and thirty-four, or which may hereafter happen or be made, shall toll or defeat any right of entry or action for the recovery of land. C. S. U. C. c. 27, s. 80. 11. Where any one or more of several persons entitled to any land or rent as coparceners, joint tenants or tenants in common, have been the possession of in possession or receipt of the entirety, or more than his or their unthe others. Imp. Act, 3-4 W. IV. divided 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 c..27, s. 12. 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 any of them. C. S. U. C. c. 88. s. 13. lations not to be 12. Where a relation of the persons entitled, as heirs, to the pos- Possession of resession, or receipt of the profits of any land, or to the receipt of any the possession of rent, enters into the possession or receipt thereof, such possession or the heirs. Idem receipt shall not be deemed to be the possession or receipt of or by the s. 13. persons entitled as heirs. C. S. U. C. c. 88, s. 14. equivalent to 13. Where any acknowledgment of the title of the person entitled Acknowledg ment in writing to any land or rent has been given to him or his agent in writing, given to the persigned by the person in possession or in receipt of the profits of such sou entitled or land, or in the receipt of such rent, such possession or receipt of or by his agent, to be the person by whom such acknowledgment was given shall be deemed, possession or reaccording to the meaning of this Act, to have been the possession or ceipt of rent. Imp. Act, 3-4 W. receipt of or by the person to whom or to whose agent such acknow- IV. c. 27, s. 14. ledgment was given at the time of giving the same, and the right of such last mentioned person, or of 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. C. S. U. C. c. 88, s. 15. to be deemed re 14. The receipt of the rent payable by any tenant from year to Receipt of rent year, or other lessee, shall, as against such lessee or any person claim- ceipt of profits. ing under him, but subject to the lease, be deemed to be the receipt Imp. Act, 3-4 W. of the profits of the land for the purposes of this Act. C. S. U. C. IV. c. 27, s. 35. c. 88, s. 17. the period of 15. At the determination of the period limited by this Act to any At the end of person for making an entry or distress, or bringing any action or suit, limitation the the right and title of such person to the land or rent, for the recovery right of the whereof such entry, distress, action or suit respectively might have party out of posbeen made or brought within such period, shall be extinguished. tinguished. Imp. C. S. U. C. c. 88, s. 16. ARREARS OF DOWER, RENT, AND INTEREST. 16. No arrears of dower, nor any damages on account of such arrears, shall be recovered or obtained by any action or suit for a longer period than six years next before the commencement of such action or suit. C. S. U. C. c. 88, s. 18. session to be ex Act, 3-4 W. IV. c. 27, s. 34. rent or interest 17. No arrears of rent, or of interest in respect of any sum of money No arrears of charged upon or payable out of any land or rent, or in respect of any to be recovered legacy, or any damages in respect of such arrears of rent or interest, for more than shall be recovered by any distress, action or suit, but within six years six years. Imp. Act, 3-4 W. IV.c. next after the same respectively has become due, or next after any ac27, s. 42. knowledgment of the same in writing has been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable, or his agent. C. S. U. C. c. 88, s. 19. 18. Where any prior mortgagee or other incumbrancer has been in possession of any land, or in receipt of the profits thereof, within one year next before an action or suit is brought by any person entitled to a subsequent mortgage or other incumbrance on the same land, the Exception in fa vour of subsequent mortgagee when a prior mortgagee has been in possession. Idem s. 42. |