on aliena-
tion;

in case of
future
estate;

in case of
forfeiture

or breach of
condition

Where ad

forfeiture

is not

taken by
remainder-
man, he
shall have

estate or interest who shall have been in such possession or
receipt, then such right shall be deemed to have first accrued
at the time of such death; and when the person claiming
such land or rent shall claim in respect of an estate or p.315
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 the receipt of the
rent, and no person entitled under such instrument shall
have been in such 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; and when the estate or interest
claimed shall have been an estate or interest in reversion or
remainder, or other future estate or interest, and no person
shall have obtained the possession or receipt of the profits
of such land or 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; and when the
person claiming such land or rent, or the person through
whom he claims, shall have become entitled by reason of p.33.
any forfeiture or breach of condition, then such right shall
be deemed to have first accrued when such forfeiture was
incurred or such condition was broken.

4. Provided always, that when any right to make an
vantage of entry or distress or to bring an action to recover any land
or rent, by reason of any forfeiture or breach of condition,
shall have first accrued in respect of any estate or interest
in reversion or remainder, and the land or rent shall not have 1.335
been recovered by virtue of such right, the right to make an
entry or distress or bring an action to recover such land or
rent shall be deemed to have first accrued in respect of such
estate or interest at the time when the same shall have
become an estate or interest in possession, as if no such
forfeiture or breach of condition had happened.

a new

right when his estate comes into possession.

Reversioner to

have a new

right.

5. Provided also, that a right to make an entry or distress or to bring an action to recover any land or rent shall be deemed to have first accrued, in respect of an estate

P. 314.

p. 339.

p. 341.

p. 358.

or interest in reversion, 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 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
possession or receipt of the profits of such land, or in receipt
of such rent.

istrator to claim as if

6. And be it further enacted, that for the purposes of An adminthis Act an administrator claiming the estate or interest of the deceased person of whose chattels he shall be 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.

he obtained the estate interval

without

after death of deceased.

In the case

of a tenant at will the be deemed

right shall

accrued at

the end of

7. And be it further enacted, that when any person shall be in possession or in receipt of the profits of any land or in receipt of any rent, as tenant at will, the right of the person entitled subject thereto, or of the person through whom he claims, to make an entry or distress or bring an to have action to recover such land or rent, shall be deemed to have first accrued, either at the determination of such tenancy or at the expiration of one year next after the commencement of such tenancy, at which time such tenancy shall be deemed to have determined: provided always, that no mortgagor or cestui que trust shall be deemed to be a tenant at will, within the meaning of this clause, to his mortgagee or trustee.

one year.

after a

tenancy

from year

to year to have any right but from the

8. And be it further enacted, that when any person shall No person be 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 period, without any lease in writing, the right of the person entitled subject thereto, or of the person through whom he claims, to make an entry or distress or to bring an action to recover such land or rent shall be deemed to have first accrued at the determination of the first of such years or other periods, or at the last time when any rent payable in payment respect of such tenancy shall have been received (which shall last happen).

9. And be it further enacted, that when any person shall

end of the first year

or last

of rent.

A

to 20s.,

reserved by

a lease in writing, shall have

been

received,

accrue on

the deter

Where rent be in possession or in receipt of the profits of any land, or in amounting receipt of any rent, by virtue of a lease in writing by which a rent amounting to the yearly sum of twenty shillings or upwards shall be reserved, and the rent reserved by such lease shall have been received by some person wrongfully claiming to be entitled to such land or rent in reversion wrongfully immediately expectant on the determination of such lease, p no right to and no payment in respect of the rent reserved by such lease shall afterwards have been made to the person rightfully mination of 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.

the lease.

A merc entry not to be

deemed

possession.

No right to be

preserved by continual claim.

Possession

of one co-
parcener,
&c., not to
be the

10. And be it further enacted, that no person shall be deemed to have been in possession of any land within the p. 372 meaning of this Act merely by reason of having made an entry thereon.

11. And be it further enacted, that 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.

12. And be it further enacted, that when any one or more of several persons entitled to any land or rent as co-parceners, joint tenants, or tenants in common, shall have been in possession or receipt of the entirety, or more than his or their undivided share or shares of such land or of the possession profits thereof, or of such rent, for his or their own benefit, or for the benefit of any person 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.

of the others.

Possession

of a

younger brother

13. And be it further enacted, that when a younger brother or other relation of the person entitled as heir to the possession or receipt of the profits of any land, or to the receipt of any rent, shall enter into the possession or receipt the posses thereof, such possession or receipt shall not be deemed to be

not to be

sion of the

heir.

1.372.

p. 373.

p. 375.

p. 380.

p. 388.

p. 390.

the possession or receipt of or by the person intitled as
heir.

14. Provided always, and be it further enacted that when Acknowany acknowledgment of the title of the person entitled to ledgment in writing any land or rent shall have been given to him or his agent given to in writing, signed by the person in possession or in receipt the person entitled, or of the profits of such land or in receipt of such rent, then his such possession or receipt of or by the person by whom such to be equivalent acknowledgment shall have been given shall be deemed, to possesaccording to the meaning of this Act, to have been the pos- sion or session or receipt of or by the person to whom or to whose receipt of agent such acknowledgment shall have been given at the time of giving the same, and the right of such last-mentioned person, or 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.

rent.

adverse at

the time of

15. Provided also, and be it further enacted, that when Where possession no such acknowledgment as aforesaid shall have been given is not before the passing of this Act, and the possession or receipt of the profits of the land, or the receipt of the rent, shall not at the time of the passing of this Act have been adverse to the right or title of the person claiming to be entitled thereto, then such person, or the person claiming through him, may, notwithstanding the period of twenty years herein-before limited shall have expired, make an entry or distress, or bring an action to recover such land or interest, at any time wards. within five years next after the passing of this Act.

passing the Act, the right shall barred until the

not be

end of five

years after

under dis

lunacy,

coverture,

or beyond

seas and

16. Provided always, and be it further enacted, that if Persons at the time at which the right of any person to make an ability of entry or distress, or bring an action to recover any land or infancy, rent, shall have first accrued as aforesaid, such person shall have been under any of the disabilities herein-after mentioned, (that is to say,) infancy, coverture, idiotcy, lunacy, unsoundness of mind, or absence beyond seas, then such person, presentaor the person claiming through him, may, notwithstanding tires, to be the period of twenty years herein-before limited shall have expired, make an entry or distress, or bring an action to recover such land or rent, at any time within ten years next after the time at which the person to whom such right shall

their re

allowed ten

years from

the termination of

their dis

ability or death;

but no

shall be

brought beyond forty years after the right of action accrued.

first have accrued as aforesaid shall have ceased to be under
any such disability, or shall have died (which shall have first
happened).

17. Provided nevertheless, and be it further enacted, action, &c., that no entry, distress, or action shall be made or brought by any person who, at the time at which his right to make an entry or distress, or to bring an action to recover any land or rent, shall have first accrued, shall be under any of the disabilities herein-before mentioned, or by any p. 391. person claiming through him, but within forty 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 forty years, or although the term of ten years from the time at which he shall have ceased to be under any such disability, or have died, shall not have

No further time to be

allowed for

of dis

abilities.

expired.

18. Provided always, and be it further enacted, that when any person shall be under any of the disabilities hereina succession before mentioned at the time at which his right to make an entry or distress, or to bring an action to recover any land or rent, shall have first accrued, and shall depart this life without having ceased to be under any such disability, no time to make an entry or distress, or to bring an action to recover such land or rent, beyond the said period of twenty p. 391. years next after the right of such person to make an entry or distress, or to bring an action to recover such land or rent, shall have first accrued, or the said period of ten years next after the time at which such person shall have died, shall be allowed by reason of any disability of any other person.

Scotland, Ireland, and the

adjacent

islands not to be deemed

beyond

seas.

When the

estate in

19. And be it further enacted, that no part of the United Kingdom of Great Britain and Ireland, nor the Islands of Man, Guernsey, Jersey, Alderney, or Sark, nor any island adjacent to any of them (being part of the dominions of His Majesty), shall be deemed to be beyond seas within the meaning of this Act.

20. And be it further enacted, that when the right of right to an any person to make an entry or distress or bring an action to recover any land or rent to which he may have been entitled for an estate or interest in possession shall have been barred by the determination of the period herein-before limited,

possession is barred, the right