English Jac. 1, c. Irish Act, Sess. 2, c. 9. 9 GEO. IV. C. 14 (LORD TENTERDEN'S ACT). An Act for rendering a written memorandum necessary to the [9th May 1828.] WHEREAS by an Act passed in England in the twenty-first year of the reign of King James the First, it was, among other things, enacted, that all actions of account and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants, all actions of debt grounded upon any lending or contract without specialty, and all actions of debt for arrearages of rent, should be commenced within three years after the end of the then present session of parliament, or within six years next after the cause of such actions or suit, and not after: and whereas a similar enactment is contained in an Act passed in Ireland in the tenth year of the reign of 10 Car. 1, King Charles the First: and whereas various questions have arisen in actions founded on simple contract, as to the proof and effect of acknowledgments and promises offered in evidence for the purpose of taking cases out of the operation of the said enactments; and it is expedient to prevent such questions, and to make provision for giving effect to the said enactments and to the intention thereof: be it therefore enacted by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, that in actions of debt or upon the of debt or case grounded upon any simple contract no acknowledgment p. 65 or promise by words only shall be deemed sufficient evidence of a new or continuing contract, whereby to take any case out of the operation of the said enactments or either of them, or to deprive any party of the benefit thereof, unless such sufficient, acknowledgment or promise shall be made or contained by In actions upon the case, no acknowledgment shall be deemed p. 555. p. 121. or in some writing to be signed by the party chargeable unless it be thereby; and that where there shall be two or more joint in writing, or by part contractors, or executors or administrators of any contractor, payment. no such joint contractor, executor, or administrator shall lose Joint conthe benefit of the said enactments or either of them, so as to tractors. be chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any other or others of them: provided always, that nothing herein contained shall alter or take away or lessen the effect of any payment of any principal or interest made by any person whatsoever provided also, that in actions to be commenced against two or more such joint contractors, or executors or administrators, if it shall appear at the trial or otherwise tractors. that the plaintiff, though barred by either of the said recited Acts or this Act, as to one or more of such joint contractors, or executors or administrators, 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. Proviso for the case of joint con 2. And be it further enacted, that if any defendant or Pleas in 3. And be it further enacted, that no indorsement or Indorse- (1) Repealed. See 42 & 43 Vict. c. 59, Schedule, Part II.; 46 & 47 Simple con 4. And be it further enacted, that the said recited Acts tract debts and this Act shall be deemed and taken to apply to the case alleged by of any debt on simple contract alleged by way of set-off on the part of any defendant, either by plea, notice or otherwise. way of set off. Memoran dums ex empted from stamps. Not to ex tend to Scotland. 8. And be it further enacted, that no memorandum or other writing made necessary by this Act shall be deemed to be an agreement within the meaning of any statute relating to the duties of stamps. 9. And be it further enacted, that nothing in this Act contained shall extend to Scotland. p. 102 p. 277. p. 279. 3 & 4 WM. IV. c. 27 (THE REAL PROPERTY LIMITATION ACT, 1833). An Act for the Limitation of Actions and Suits relating to Real in the Act. Be it enacted by the king's most excellent majesty, by and (1) The changes introduced by the Real Property Limitation Act, "Rent." whom an other claims. 1 claiming became entitled to the estate or interest claimed, as heir, issue in tail, tenant by the curtesy of England, tenant p. 330. in dower, successor, special or general occupant, executor, administrator, legatee, husband, assignee, appointee, devisee, or otherwise, and also any person who was entitled to an estate or interest to which the person so claiming, or some person through whom he claims, became entitled as lord by "Person." escheat; and the word "person" shall extend to a body politic, corporate, or collegiate, and to a class of creditors or p. 285. other persons as well as an individual; and every word importing the singular number only shall extend and be and gender. applied to several persons or things as well as one person or thing; and every word importing the masculine gender only shall extend and be applied to a female as well as a male. Number No land or rent to be recovered but within 12 years after the right of 2. (37 & 38 Vict. c. 57, s. 1.) After the commencement of this Act (i.e. 1st January, 1879) 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 or suit shall have action ac- 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 next 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. crued. When the right shall be deemed to have accrued : In the case of an estate in possession; on dispossession; on abate ment or death; p. 286. 3. In the construction of this Act the right to make an entry or distress or bring an action to recover any land or rent shall be deemed to have first accrued at such time as herein after is mentioned; (that is to say,) when the person claiming such land or rent, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in receipt of such rent, and shall while entitled thereto have been dispossessed, or have 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: and when the person claiming such land or rent shall claim the estate or p. 305. interest of some deceased person who shall have continued in such possession or receipt in respect of the same estate or |