c. 27. be deemed to have first accrued upon the determination of 3 & 4 W. 4, such lease to the person rightfully entitled. possession. X. And be it further enacted, That no person shall be Mere entry deemed to have been in possession of any land within the not deemed meaning of this act merely by reason of having made an entry thereon. XI. And be it further enacted, That no continual or Right not other claim upon or near any land, shall preserve any right of making an entry or distress, or of bringing an action. preserved by continual claim. of one co parcener, session of XII. And be it further enacted, That, when any one or Possession more of several persons entitled to any land or rent as coparceners, joint tenants, or tenants in common, shall have &c. not pos been in possession or receipt of the entirety, or more than the others. his or their undivided share or shares of such land, or of the 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. sion of the XIII. And be it further enacted, That, when a younger Possession of a youngbrother or other relation of the person entitled as heir to er brother the possession or receipt of the profits of any land, or to the not possesreceipt of any rent, shall enter into the possession or receipt heir. thereof, such possession or receipt shall not be deemed to be the possession or receipt of or by the person entitled as heir. writing equivalent to possession or receipt of rent. XIV. Provided always, and be it further enacted, That, Acknowwhen any acknowledgment of the title of the person entitled ledgment in to any land or rent, shall have been given to him or his agent, in writing, signed by the person in possession, or in receipt of the profits of such land, or in receipt of such rent, then such possession or receipt of or by the person by whom such acknowledgment shall have been given, shall be deemed, according to the meaning of this act, to have been the possession or receipt of or by the person to whom or to whose agent such acknowledgment shall have been given at the time of giving the same, and the right of such lastmentioned person, or any person claiming through him, to 3 & 4 W. 4, make an entry or distress, or bring an action to recover such c. 27. Where posession is not the act, the til the end 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. XV. Provided also, and be it further enacted, That, adverse at when no such acknowledgment as aforesaid shall have been the passing given before the passing of this act, and the possession or right not receipt of the profits of the land, or the receipt of the rent, barred un- shall not at the time of the passing of this act have been adof five years verse 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 within five years next after the passing of this act. after. Persons un der disability of infan XVI. Provided always, and be it further enacted, That, if at the time at which the right of any person to make an cy, &c., or entry or distress, or bring an action to recover any land or beyond seas, from the to be allow rent, shall have first accrued as aforesaid, such person shall ed ten years have been under any of the disabilities herein-after mentermination tioned, (that is to say), infancy, coverture, idiotcy, lunacy, of their dis- unsoundness of mind, or absence beyond seas, then such ability. 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 rent at any time within ten years next after the time at which the person to whom such right shall first have accrued as aforesaid, shall have ceased to be under any such disability, or shall have died (which shall have first happened) (d). (d) The existence even of the privilege during a whole life, however long, with an addition of ten years, is an evil of no inconsiderable magnitude; and, as what is termed disability does not amount to absolute incapacity, but only to a degree of infirmity, and as, after a certain lapse of time, the hardship of putting the party in possession to defend his original right, exceeds the hardship of barring the claim of the party out of possession, notwithstanding such infirmity; we think that there should be a period of adverse possession, after which all claims against which the possession was adverse shall be barred, notwithstanding any disabilities whatever; XVII. Provided nevertheless, and be it further enacted, 3 & 4 W. 4, c. 27. shall be brought be years after That no entry, distress, or action, shall be made or brought. But no acby any person who, at the time at which his right to make tion, &c, an entry or distress, or to bring an action to recover any land or rent, shall have first accrued, shall be under any of yond forty the disabilities herein-before mentioned, or by any person the right of claiming through him, but within forty years next after action acthe 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 expired. crued. time to be of disabili XVIII. Provided always, and be it further enacted, That, No further when any person shall be under any of the disabilities allowed for a herein-before mentioned at the time at which his right succession to make an entry or distress, or to bring an action to re- ties. cover 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 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 and for this purpose we propose a period of forty years. Such a provision does not seem so great an infringement upon the maxim in favour of persons incapable of suing, as the established doctrine, that, when the statute has once begun to run, it runs on notwithstanding a subsequent disability; according to which, if a father is disseised, and immediately dies, leaving a new born son his heir, the heir is barred before he is of age. This latter doctrine indeed we scarcely should have ventured to propose, were it not established law. Yet, notwithstanding its apparent rigor, we do not recommend any alteration of it, beIcause we have not been able to learn any instance in which it has practically In defence of the proposal of an c. 27. 3 & 4 W. 4, person shall have died, shall be allowed by reason of any disability of any other person. Scotland, the adjacent XIX. And be it further enacted, That no part of the Ireland, and United Kingdom of Great Britain and Ireland, nor the islands, not 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. to be deem ed beyond seas. When the right to an estate in barred, the to future es red. XX. And be it further enacted, That, when the right of any person to make an entry or distress, or bring an action possession is to recover any land or rent to which he may have been right of the entitled, for an estate or interest in possession, shall have same person been barred by the determination of the period hereintates shall before limited, which shall be applicable in such case, and also be bar- such person shall at any time during the said period have been entitled to any other estate, interest, right, or possibility, in reversion, remainder, or otherwise, in or to the same land or rent, no entry, distress, or action, shall be made or brought by such person, or any person claiming through him, to recover such land or rent, in respect of such other estate, interest, right, or possibility, unless, in the meantime, such land or rent shall have been recovered by some person entitled to an estate, interest, or right, which shall have been limited, or taken effect, after or in defeasance of such estate or interest in possession. Where ten ant in tail is barred, remainder XXI. And be it further enacted, That, when the right of a tenant in tail of any land or rent to make an entry or distress, or to bring an action to recover the same, shall have been barred by reason of the same not having been have barred, made or brought within the period herein-before limited, shall not re- which shall be applicable in such case, no such entry, dis men, whom he might cover. Possession tenant in tress, or action, shall be made or brought by any person claiming any estate, interest, or right, which such tenant in tail might lawfully have barred. XXII. And be it further enacted, That, when a tenant adverse to a in tail of any land or rent, entitled to recover the same, tail shall run shall have died before the expiration of the period hereinon against before limited, which shall be applicable in such case, for making an entry or distress, or bringing an action to remight have cover such land or rent, no person claiming any estate, the remainder-men whom he barred. c. 27. interest, or right, which such tenant in tail might lawfully 3 & 4 W. 4, have barred, shall make an entry or distress, or bring an action to recover such land or rent, but within the period during which, if such tenant in tail had so long continued to live, he might have made such entry or distress, or brought such action. such shall have an assur ance, by a tail, which ders, they red at the end of twen ty years after the time XXIII. And be it further enacted, That, when a tenant Where there in tail of any land or rent shall have made an assurance been possesthereof, which shall not operate to bar an estate or estates, sion, under to take effect after or in defeasance of his estate tail, and any person shall, by virtue of such assurance, at the time of tenant in the execution thereof, or at any time afterwards, be in pos- shall not bar session or receipt of the profits of such land, or in the the remainreceipt of such rent, and the same person, or any other shall be barperson whatsoever (other than some person entitled to possession or receipt in respect of an estate which shall have taken effect after or in defeasance of the estate tail), when the shall continue or be in such possession or receipt for the assurance, if period of twenty years next after the commencement of the ed, would time at which such assurance, if it had then been executed by such tenant in tail, or the person who would have been entitled to his estate tail, if such assurance had not been executed, would, without the consent of any other person, have operated to bar such estate or estates as aforesaid; then, at the expiration of such period of twenty years, such assurance shall be and be deemed to have been effectual as against any person claiming any estate, interest, or right, to take effect after, or in defeasance of, such estate tail. then execut have barred them. brought time when XXIV. And be it further enacted, That, after the said No suit in thirty-first day of December, one thousand eight hundred equity to be and thirty-three, no person claiming any land or rent in after the equity, shall bring any suit to recover the same, but within the plaintiff, the period during which, by virtue of the provisions herein- if entitled at before contained, he might have made an entry or distress, have or brought an action to recover the same respectively, if he brought an had been entitled at law to such estate, interest, or right, in or to the same, as he shall claim therein in equity. (e) (e) The various statutes of limitation which have been hitherto passed in this country (with the excep tion of an enactment in 53 Geo. law, might action. |