son, who continued in possession till his death, is claimed, then such person's death.

Where the claim is in respect of an estate granted by any grant or conveyance (other than a will) made by a person in actual possession, then if no person shall have ever been in possession, under such grant, the time at which the claimant or person through whom he claims, became entitled to such possession or receipt under such instrument.

Where the estate claimed shall have been a remainder or estate in future, the time at which such estate became an interest in possession.

Where the claim is in respect of any forfeiture or breach of condition, the time of such forfeiture or breach.

or remainder

4. Where advantage of forfeiture is not taken by Reversioner reversioner or remainder-man, he shall have a new right when his estate comes into possession.

5. Right of reversioner deemed to have accrued at the determination of the previous estates, though he may have been in possession previous to their creation.

6. An administrator to claim as if there had been no interval between the death and grant of administration.

7. Right of party entitled subject to tenancy at will, (other than that of a mortgagor or cestui on trust,) shall be deemed to have accrued at the determination of the tenancy, or at the end of one year from its commencement.

8. Right of party entitled subject to a tenancy from year to year, or other period, (not created by lease in writing,) shall be deemed to have accrued at the end of the first year, or other period, or last payment of rent.

9. Where rent amounting to 20s., reserved by a lease in writing, shall have been wrongfully received, no right to accrue on the determination of the lease, but at the time of the first wrongful receipt.

10. A mere entry not to be deemed possession.

man.

Saving for disabilities.

Where a person has seve

the same

land.

11. No right to be preserved by continual claim. 12. Possession of one coparcener, joint-tenant, or tenant in common, not to be deemed the possession of the other.

13. Possession of a younger brother, or other relation, not to be deemed the possession of the heir.

14. Acknowledgment in writing signed by the person in possession given to the person entitled, or his agent, equivalent to possession or receipt of

rent.

15. Possession not being adverse at passing of act, the right was not barred until five years afterwards.

16. Persons under disabilities of infancy, lunacy, coverture, or being beyond seas, and their representatives, to be allowed ten years from the termination of their disability or death.

17. But no action, &c., shall be brought but within forty years after the right of action accrued.

18. No further time to be allowed for a succession of disabilities.

19. Scotland, Ireland, and the adjacent islands, not to be deemed beyond seas.

20. Where the right of any person to an estate in ral estates in possession is barred by lapse of time, the right of the same person to any other estate, which he became entitled to during that time, shall also be barred unless some estate subsequent to the estate in possession shall, in the meantime, have been recovered by some third person entitled thereto.

Remainders

on an estate tail.

21. Where tenant in tail is barred, remainder-men, whom he might have barred, shall not recover.

22. Possession adverse to a tenant in tail shall run on against the remainder-man whom he might have barred.

23. Where there shall have been possession under an assurance by a tenant in tail which shall not bar the remainders, they shall be barred at the end of twenty years after the time when such assurance, if then executed, (by the person who, if suck assurance

had not been made, would be entitled to such estate tail,) would, without the consent of another person, have barred them.

24. No suit in equity to be brought after the time when the plaintiff, if entitled at law, might have brought an action.

25. In cases of express trust, the right shall not Trust. be deemed to have accrued until a conveyance to a purchaser for value.

26. In case of a concealed fraud, the time shall Fraud. run from the time at which such fraud shall, or with reasonable diligence might, have been first known. This clause not to prejudice purchasers for valuable consideration without participation in, or notice of,

such fraud.

27. Saving of any rule or jurisdiction of courts of equity in refusing relief on the grounds of acquiescence or otherwise.

28. Mortgagor's right of redemption barred at the Mortgagor. end of 20 years from the time when the mortgagee took possession, or from the last signed acknowledgment of the title of the mortgagor, or his right to redeem, which shall have been given to him or other person claiming his estate, or their agent. An acknowledgment to one of several mortgagors shall be effectual for them all, but an acknowledgment by one of several mortgagees shall only affect that one, and the mortgagor shall be entitled to redeem a divided part of the land as against the party giving such acknowledgment on payment, with interest, (where the proportion is unascertained,) of such part of the mortgage-money as will bear the same proportion to the whole amount as the value of such divided part of the land shall bear to the value of the whole of the land mortgaged.

29. Spiritual or eleemosynary corporation sole Spiritual cormay recover within "the period during which two porations sole. persons in succession shall have held the office or benefice, in respect whereof such land or rent shall be claimed, and six years after a third person shall

Advowsons.

Barred rights extinguished.

Money charged on land and legacies.

be appointed thereto," and (in case such periods shall not amount to sixty years) for such further period as will make up sixty years.

30. No advowsons to be recovered after three adverse incumbencies, or (if the times of such incumbencies shall not amount to sixty years) the period of sixty years.

31. Incumbencies after lapse, but not after promotions to bishoprics, to be reckoned as incumbencies within the act.

32. A person claiming an advowson by virtue of an estate, which the owner of an estate tail might have barred, shall be deemed to claim through such tenant in tail, and be barred accordingly.

33. No advowson to be recovered after 100 years from the time at which a clerk shall have obtained adverse possession of the benefice.

34. At the end of the period of limitation, the right of the party out of possession to be extinguished.

35. Receipt of rent payable by any lessee to be deemed as against such lessee, or any person claiming under him receipt of profits.

36. Real and mixed actions abolished after 31st December 1834, except dower, quare impedit, and ejectment.

37. Provision for bringing real actions until the 1st June 1835, in certain cases.

38. Saving of the rights of persons entitled to real actions only at the commencement of the act.

39. No descent, cast, discontinuance, or warranty, to bar a right of entry.

40. "Money secured by any mortgage, judgment, or lien, or otherwise, charged upon or payable out of any land or rent at law or equity," and legacies"

* All judgments as against purchasers, mortgagees, or creditors, are void after the expiration of five years from the first entry, or any re-entry thereof, with the senior master of the Common Pleas.-2d Victoria, cap. 11, sec. 4.

The residue is a legacy within the meaning of this

shall not be recovered "but within twenty years 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," or the payment of some part of the principal money, or interest, or the giving to the person entitled thereto, or his agent, an acknowledgment of the right, "signed by the person by whom the same shall be payable, or his agent."

41. No arrears of dower shall be recovered for more than six years.

42. No arrears of rent, or interest on money, charged on land, to be recovered for more than six years.

43. Act to extend to spiritual courts.

44. Act not to extend to Scotland, nor to advowsons in Ireland.

Recovery of Possession of Tenements."

1st and 2d VICTORIA, cap. 74.-[Royal Assent, August 10, 1838.]

An Act to facilitate the Recovery of Possession of Tenements after due Determination of the Ten

ancy.

Sec. 1. Where the term of a tenant at will, or for a term not exceeding seven years, liable to no rent, or to a rent not exceeding the rate of L.20 a-year, and upon which no fine shall have been reserved, shall have ended, or, being duly determined by a legal notice to quit, or otherwise, and such tenant, or any person by whom the premises shall be actually occupied, shall not quit; a notice in the form mentioned in the act, signed by the landlord, or his agent, of his intention to proceed under the act, may be given to such tenant or occupier; and if such clause, 2 Y. and Col. 200. A suit by cestuique trust of a legacy against the legatee in trust is not within the provisions of this clause.-Phillipo v. Munnings, 2 M. and Cr.

See post. Notices.