c. 27. cumbencies shall not together amount to the full period of 3 & 4 W. 4, sixty years, then after the expiration of such further time as with the times of such incumbencies will make full period of sixty years. (h) up the cies after XXXI. Provided always, and be it further enacted, IncumbenThat, when on the avoidance, after a clerk shall have ob- lapse to be tained possession of an ecclesiastical benefice adversely to reckoned the right of presentation or gift of the patron thereof, a period, but (h) We have next to mention a species of real property of great importance, as to which there is at present no limitation. The possessory action of quare impedit, by which the right to an advowson is usually tried, may be brought upon any presentation, however remote. Thus, the title to an advowson may be questioned after a family has been for centuries in the undisturbed possession of it; and, upon the sale of an advowson, or of a next presentation, great trouble and expense are generally incurred in making out a title to the satisfaction of the purchaser. There must be some difficulty in framing a limitation for a species of property of so peculiar a nature. Mere length of time would not satisfy justice, unless the period were much beyond the usual bounds of living memory, because an opportunity of contesting the right may not occur more than once in a century. Lord Cokc states an instance of a living of his own, in which a parson had been incumbent above fifty years; and instances might easily be mentioned, in which two successive incumbents have continued for upwards of a hundred years. But, adopting the suggestion of Mr. Justice Blackstone, whose high authority we are glad to have for this, as well as for some other amendments of the law which we propose, we think a limitation may be safely framed, compounded of length of time and number of avoidances, or rather of presentations, or opportunities to pre sent by the patron. We conceive that (counting from the time when the title to an advowson has accrued in possession), as soon as sixty years have elapsed, and there have been three presentations, with institution and induction thereupon, by a person claiming adversely to be a patron, the right should be barred. The length of the period is required to guard against collusive avoidances and presentations; and it seems sufficient for this purpose. Presentations by the crown, on the promotion of the incumbent to a bishopric, of course will not be reckoned; but a presentation by lapse, we think, ought, as an opportunity then existed of asserting the right. It seems unnecessary to clog this limitation with disabilities which have generally not been allowed where the period exceeded twenty years; but, as against a remainder-man, after any estate less than an estate tail, the period of sixty years must be reckoned from the remainder coming into possession on the determination of the particular estate. It has been suggested that the period should be extended to one hundred years; and that the adverse possession should be a bar to all the world. It seems, however, more in analogy to the general principles of the law of England to give effect to adverse enjoyment only from the accruing of the right to be barred.-1st Rep. p. 53. within the c. 27. not incum 3 & 4 W. 4, clerk shall be presented or collated thereto by his Majesty, or the ordinary, by reason of a lapse, such last-mentioned bencies after clerk shall be deemed to have obtained possession adversely promotions to the right of presentation or gift of such patron as afore to bishopricks. When per an advowson der, &c. after an estate said; but, when a clerk shall have been presented by his Majesty, upon the avoidance of a benefice, in consequence of the incumbent thereof having been made a bishop, the incumbency of such clerk shall, for the purposes of this act, be deemed a continuation of the incumbency of the clerk so made bishop. XXXII. And be it further enacted, That, in the conson claiming struction of this act every person claiming a right to present in remain- to or bestow any ecclesiastical benefice as patron thereof, by virtue of any estate, interest, or right which the tail, shall be owner of an estate tail in the advowson might have barred, shall be deemed to be a person claiming through the person entitled to such estate tail, and the right to bring any quare impedit, action, or suit, shall be limited accordingly. barred. No advow son to be recovered after 100 years. At the end of limitation XXXIII. Provided always, and be it further enacted, That, after the said thirty-first day of December, one thousand eight hundred and thirty-three, no person shall bring any quare impedit, or other action, or any suit, to enforce a right to present to or bestow any ecclesiastical benefice, as the patron thereof, after the expiration of one hundred years from the time at which a clerk shall have obtained possession of such benefice adversely to the right of presentation or gift of such person, or of some person through whom he claims, or of some person entitled to some preceding estate or interest, or undivided share, or alternate right of presentation or gift, held or derived under the same title, unless a clerk shall subsequently have obtained possession of such benefice on the presentation or gift of the person so claiming, or of some person through whom he claims, or of some other person entitled in respect of an estate, share, or right, held or derived under the same title. XXXIV. And be it further enacted, That, at the deterof the period mination of the period limited by this act to any person for the right of making an entry or distress, or bringing any writ of quare the party out of possession impedit, or other action or suit, the right and title of such to be extin- person to the land, rent, or advowson, for the recovery guished. whereof such entry, distress, action, or suit respectively, 3 & 4 W. 4, might have been made or brought within such period, shall be extinguished. c. 27. deemed re XXXV. And be it further enacted, That the receipt of Receipt of the rent payable by any tenant from year to year, or other rent to be lessee, shall, as against such lessee, or any person claiming ceipt of prounder him (but subject to the lease), be deemed to be the receipt of the profits of the land for the purposes of this act. fits. mixed ac tions abo the 31st De cember, XXXVI. And be it further enacted, That no writ of Real and right patent, writ of right quia dominus remisit curiam, writ of right in capite, writ of right in London, writ of right lished after close, writ of right de rationabili parte, writ of right of advowson, writ of right upon disclaimer, writ de rationabilibus 1834; divisis, writ of right of ward, writ de consuetudinibus et servitiis, writ of cessavit, writ of escheat, writ of quo jure, writ of secta ad molendinum, writ de essendo quietum de theolonio, writ of ne injuste vexes, writ of mesne, writ of quod permittat, writ of formedon in descender, in remainder, or in reverter, writ of assize of novel disseisin, nuisance, darrein-presentment, juris utrum, or mort d'ancestor, writ of entry sur disseisin, in the quibus, in the per, in the per and cui, or in the post, writ of entry sur intrusion, writ of entry sur alienation, dum fuit non compos mentis, dum fuit infra ætatem, dum fuit in prisona, ad communem legem, in casu proviso, in consimili casu, cui in vita, sur cui in vita, cui ante divortium, or sur cui ante divortium, writ of entry sur abatement, writ of entry quare ejecit infra terminum, or ad terminum qui præteriit, or causa matrimonii prælocuti, writ of aiel, besaiel, tresaiel, cosinage, or nuper obiit, writ of waste, writ of partition, writ of disceit, writ of quod ei deforceat, writ of covenant real, writ of warrantia chartæ, writ of curia claudenda, or writ per quæ servitia, and no other action real or mixed (except a writ of right of dower, or writ except for of dower unde nihil habet, or a quare impedit, or an eject- dower, ment), and no plaint in the nature of any such writ or action dit, and ejectment.. (except a plaint for freebench or dower) shall be brought after the thirty-first day of December, one thousand eight hundred and thirty-four. quare impe XXXVII. Provided always, and be it further enacted, Real actions c. 27. may be brought until the 1st June, 1835. 3 & 4 W. 4, That, when on the said thirty-first day of December, one thousand eight hundred and thirty-four, any person who shall not have a right of entry to any land, shall be entitled to maintain any such writ or action as aforesaid, in respect of such land, such writ or action may be brought at any time before the first day of June, one thousand eight hundred and thirty-five, in case the same might have been brought if this act had not been made, notwithstanding the period of twenty years herein-before limited shall have expired. Saving the rights of persons en actions only of the act, &c. XXXVIII. Provided also, and be it further enacted, That, when, on the said first day of June, one thousand titled to real eight hundred and thirty-five, any person whose right of at the com- entry to any land shall have been taken away by any descent, mencement cast, discontinuance, or warrantry, might maintain such any writ or action as aforesaid in respect of such land, such writ or action may be brought after the said first day of June, one thousand eight hundred and thirty-five, but only within the period during which by virtue of the provisions of this act an entry might have been made upon the same land by the person bringing such writ or action, if his right of entry had not been so taken away. No descent, warranty, XXXIX. And be it further enacted, That no descent, &c., to bar a cast, discontinuance, or warranty, which may happen or be right of en- made after the said thirty-first day of December, one thousand eight hundred and thirty-three, shall toll or defeat any right of entry or action for the recovery of land. try. Money charged upon land to be deem twenty XL. And be it further enacted, That, after the said thirty-first day of December one thousand eight hundred andlegacies and thirty three, no action or suit or other proceeding shall ed satisfied be brought to recover any sum of money secured by any at the end of mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any be no inter- legacy, but within twenty years next after a present right to est paid or receive the same shall have accrued to some person capable ledgment in of giving a discharge for or release of the same, unless in writing in the meantime some part of the principal money, or some years if there shall acknow the mean time. 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; c. 27. and in such case, no such action or suit or proceeding shall 3 & 4 W.4, 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. (¿) XLI. And be it further enacted, (k) That, after the said No arrears thirty-first day of December, one thousand eight hundred be recoverand thirty-three, no arrears of dower, nor any damages on ed for more account of such arrears, shall be recovered or obtained by years. any action or suit, for a longer period than six years next before the commencement of such action or suit. than six interest to ed for more XLII. And be it further enacted, That, after the said No arrears thirty-first day of December, one thousand eight hundred of rent or and thirty-three, no arrears of rent or of interest in respect be recoverof any sum of money charged upon or payable out of any than six land or rent, or in respect of any legacy, or any damages in years. respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next (i) Many were the difficulties in the investigation of title, and in proceedings for enforcing payment, which originated in the necessity of showing that money charged on land at some remote period, whether by way of mortgage, legacy, annuity, or otherwise, had been actually discharged, or that, under the circumstances of the case, a court of equity would presume that they had been discharged, and compel a purchaser to accept a title, in the absence of direct evidence that the monies in question had been paid. The leading authorities are Oswald v. Leigh, 1 Durnf. & East, 271; Fladong v. Winter, 19 Ves. 198; Trash v. White, 3 Bro. C. C. 289; Toplis v. Baker, 2 Cox, 123; Jones v. Turberville, 2 Ves. Jun. 11; Pickering v. Lord Stamford, ibid 272; Campbell v. Graham, 1 Russ. & Mylne, 453. (k) With respect to certain rents there is at present no limitation, either as to title or arrears, except that of fifty years created by the statute of 32 Hen. 8, which is held to preclude any presumption of re- |