Gambar halaman
PDF
ePub
[blocks in formation]

The effect of sect. 9 of the above Statute would seem to be to exclude from being recovered all items of any account, the claim in respect of which is more than six years old; and this is to be so, notwithstanding there are items to which the Statute could not be asserted as a bar.-See Appendix and Tables.

GOUGH HOUSE, WEST DULWICH.

THE

STATUTES OF LIMITATION.

[graphic]

A TABLE OF THE STATUTES OF LIMITATION,

Showing the Time within which the Ownership of Property must be asserted and exercised, or Actions com-
menced to prevent the Operation of these Statutes, viz.: Barring the Remedy for obtaining or extinguishing the
Right to such Property.

[ocr errors]
[graphic][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed]

(j) A legacy creates an express
trust within section 25. There must
be a hand to receive as well as to
pay, to come within this section.

By 23 & 24 Vict., c. 38, s. 13, the
provisions of this section are ex-
tended to claims to estates of intes-
tates, or any share therein, unless in
the meantime some part of same
shall have been accounted for or paid.

(k) This section is repealed by sec-
tion 2 of the Act of 1874, but is re-
enacted by section 8 of that Act,
substituting 12 for 20 years.

But a new principle is introduced
by section 2 of the Act of 1874,
whereby, as to reversioners, if the
tenant of any particular estate has
been out of possession, the new Act
limits the time of the reversioner to
sue, to the longer of two periods,
either 12 years from the time when
the right of entry accrued to the
person so out of possession, or 6
years from the determination of that
particular estate.

(1) But see 3 & 4 Wm. IV., c. 42,
s. 3, whereby 20 years' arrears of
rent or interest may be recovered by
action if there is a covenant to pay
same respectively, or if such rent be
reserved upon an indenture of demise.
Section 42 of chapter 27 limits the
remedy against the land; but sec-
tion 3 of chapter 42 extends the
remedy against the person.
Yet no
distress can be made for more than
six years' arrears of rent, reserved
by a parol lease, or one under seal.

Sects. BY STAT. 3 & 4 WM. IV., c. 27, AND 37 & 38 VICT., c. 57.

40

6

5

41

&
42

40
&

42

1833.

1874.

Actions or suits for Foreclosure, or other proceedings, for
recovery of money secured by any mortgage, judgment, or
lien, or otherwise charged upon or payable out of land or
rent, or any legacy (j).

(Tine shall run against an administrator as it would have
done against his intestate if alive.)
Within

(k).

Estates in Reversion, Remainder, or other Future Estates)
Within

Actions or suits, or any distress, for the Arrears of dower,
or of rent (1), or of interest (1), in respect of any sum of
money charged upon or payable out of any land or rent, or
in respect of any legacy, or damages in respect of any
arrears of dower, rent, or interest.

[ocr errors]

Within

Relate to money charged on land, legacies, and interest)
thereon. The "principal money might, by the Act of
1833, have been recovered within 20 years; but arrears of
interest can only be recovered for six years. But section 8
of the Act of 1874 reduces the time of limitation for the
principal.

Within

N.B.-By 3 & 4 Wm. IV., c. 42, s. 3, money secured by bond or covenant under seal may be recovered.

Within

12 years next after a pre-
sent right to receive the same
shall have accrued to some
person capable of giving a
release, or from last payment
of some part of principal or
interest, or from last written
acknowledgment of the right
thereto by the person liable,
or his agent, to the person
entitled or his agent.

12 years of the determi-
nation of the prior estate.

6 years next after the same
arrears respectively became
due. As to arrears of such
rent, interest, or any legacy,
from the time the same re-
spectively became due, or
from written acknowledgment
thereof.

[blocks in formation]
« SebelumnyaLanjutkan »