been made or brought within such period, shall be extin- PART III, guished." 1500.

T. 6, CH. 2.

rent to bo

deemed a

receipt of profits.

By s. 35, "the receipt of the rent payable by any tenant Receipt of from year to year or other lessee, shall, as against such lessee or any person claiming under him (but subject to the lease), be deemed to be the receipt of the profits of the land for the purposes of this Act." 1500a.

By s. 36, real and mixed actions are abolished, except for Abolition of dower, quare impedit, and ejectment. 1501.

of

By s. 39, "no descent cast, discontinuance, or warranty which may happen or be made after the said 31st day December, 1833, shall toll or defeat any right of entry action for the recovery of land." 1502.

real and mixed

actions, except, &c. No descent

cast, discon

tinuance, or warranty, to

or defeat a

be

right of entry or action.

Bar to money

upon or

of land, and

By s. 40, "no action or suit or other proceeding shall brought to recover any sum of money secured by any charged mortgage, judgment, or lien, or otherwise charged upon or payable ont payable out of any land or rent, at law or in Equity, or any to legacies. legacy, but within twenty years next 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, unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto or his agent; and in such case no such action or suit or proceeding shall be brought but within twenty years after such payment or acknowledgment, or the last of such payments or acknowledgments if more than one, was given" (g). 1503.

This section does not apply to cases of express trust (h).

() As to arrears of dower, see supra, par. 491; and as to arrears of rent, or interest, or damages in respect of such arrears, see supra, par. 83.

(h) 2 Spence's Eq. Jur. 62; Downes v. Bullock, 25 Beav. 54; Watson v. Saul, 1 Gif. 188; Lewis v. Duncombe (No. 2), 29 Beav. 175; Tyson v. Jackson, 30 Beav. 384.

T. 6, CH. 2.

PART III. Indeed, it may be stated generally that as between cestui que trust and trustee, in the case of a direct trust, the Act is no bar, because there is no adverse possession (i). And by the stat. 36 & 37 Vict. c. 66, s. 25 (2), it is enacted Statutes of that "no claim of a cestui que trust against his trustee for

Limitation

inapplicable any property held on an express trust, or in respect of any

to express

trusts.

Bar to claims on

intestates,

breach of such trust, shall be held to be barred by any Statute of Limitations." But relief will not be granted to a cestui que trust after twenty years' delay, if unaccounted for (k). 1504.

A bond debt by which the heir is bound is not a debt charged upon or payable out of" land, within this section (1). 1505.

By the stat. 23 & 24 Vict. c. 38, s. 13, "after the 31st of property of December, 1860, no suit or other proceeding shall be brought to recover the personal estate, or any share of the personal estate, of any person dying intestate, possessed by the legal personal representative of such intestate, but within twenty years next 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, unless in the meantime some part of such estate or share, or some interest in respect thereof, shall have been accounted for or paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person accountable for the same, or his agent, to the person entitled thereto, or his agent; and in such case no such action or suit shall be brought but within twenty years after such accounting, payment, or acknowledgment, or the last of such accountings, payments, or acknowledgments, if more than one, was made or given." 1506.

(i) Lewin on Trusts, 5th ed. 620 ; Drummond v. Sant, L. R. 6 Q. B. 763.

(k) Bright v. Legerton (No. 1), 29

Beav. 498.

(1) Rodham v. Morley, 2 Kay & J 336; 1 D. & J. 1.

TITLE VII.

OF THE OPERATION OF THE LAND REGISTRY ACT, 1862,

THE DECLARATION OF TITLE ACT, AND THE LAND
TRANSFER ACT, 1875.

TITLE VII.

Transfer of

and Declara

Act.

AN unimpeachable title or root of title might be obtained PART III. in favour of or by a purchaser for value, 1st. By entering the land on "the Register of Estates with an indefeasible Land Act, Title," and the interests and persons interested on "the tion of Title Record of Title to Land on the Register." 2ndly. By an order of the Court of Chancery, subject to appeal, vesting the land in a purchaser for value. The order may be qualified, showing that the title is to commence from a certain time. 3rdly. By a transfer, by direction of the Court of Chancery, to "the Register of Estates with an indefeasible Title" (with an entry on "the Record of Title" of the interests and persons interested) of land, which, on proof of a ten years' enjoyment by an owner as of the fee, was previously placed on "the Register of Estates without an indefeasible Title." 4thly. By a final declaration of title by the Court of Chancery. The first three of these modes of obtaining an indefeasible title are under the Land Registry Act, 1862, 25 & 26 Vict. c. 53; the fourth is under the Declaration of Title Act, 25 & 26 Vict. c. 67. 1507.

The title so gained is altogether indefeasible, when land was registered with an indefeasible title. In that case, the title is not subject to be defeated even by a prior interest. But when land was registered without an indefeasible title, interests prior to the registration or to the commencement of the title are not affected. 1508.

PART III. TITLE VII.

The title so gained might, however, be subject to incumbrances, which were to be registered in "the Register of Mortgages and Incumbrances." And the registrar might in "the Record of Title" specify any exception, qualification, or condition, or reserve a right, or describe an outstanding right or possibility. 1509.

The

No unregistered estate or contract, for the registration whereof provision was made by the Act, will prevail against the title of a purchaser for value duly registered. proprietor of any land or charge may direct that no transfer or charge be made of it until notice be sent to some address, or some consent be given or something else be done. But this restraint may be withdrawn or be set aside by a judge of the Court of Chancery. 1510.

Any person interested in any land or charge registered in the name of any other person may lodge a caveat that no disposition be made without notice to the cautioner.

Land may be removed from the register by consent of all persons interested. 1511.

After registration of any land, every interest created or coming into existence or affecting it, is to be registered in "the Record of Title" or "the Register of Incumbrances." 1512.

Land registered under the Land Registry Act, 1862, may be dealt with or affected, 1st. By a short statutory disposition in a schedule form. 2ndly. By an indorsement on an instrument called the land certificate, which may be obtained by any one named in the record of title as owner of any interest, and which contains a copy of the entries in the register and all other material particulars, and may be compared with and made to correspond with the register from time to time. 3rdly. By a deposit of the land certificate. 4thly. By any instrument by which the land, if

TITLE VII.

not registered, might have been dealt with or affected (a). PART III. 1513.

By the stat. 38 & 39 Vict. c. 87, "An Act to simplify Titles and facilitate the Transfer of Land in England," was passed on the 13th of August, 1875, called "the Land Transfer Act, 1875." By s. 125 of this Act application for the registration of any estate under the Land Registry Act, 1862, shall not be entertained. And certain substitutionary provisions for registration of land are made by this new Act. 1514.

statutes.

(a) For further information, the borate, and valuable work on these reader is referred to Mr. Edward Nugent Ayrton's most careful, ela