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c. 27.

“ Rent.”

Person

wbom an

3 & 4 W. 4, extend to manors, messuages, and all other corporeal here

ditaments whatsoever, and also to tithes (other than tithes belonging to a spiritual or eleemosynary corporation sole), and also to any share, estate, or interest in them or any of them, whether the same shall be a freehold or chattel interest, and whether freehold or copyhold, or held according to any other tenure; and the word "rent" shall extend to all heriots, and to all services and suits for which a distress may be made, and to all annuities and periodical sums of money charged upon or payable out of any land (except moduses or compositions belonging to a spiritual or eleemosy

nary corporation sole); and the person through whom anthrough

other person is said to claim, shall mean any person by, other claims through, or under, or by the act of whom, the person so

claiming became entitled to the estate or interest claimed, as heir, issue in tail, tenant by the curtesy of England, tenant in dower, successor, special or general occupant, executor, administrator, legatee, husband, assignee, appointee, devisee, or otherwise, and also any person who was entitled to an estate or interest to which the person so claiming, or

some person through whom he claims, became entitled as “Person." lord by escheat; and the word "person" shall extend to a

body politic, corporate, or collegiate, and to a class of creNumber and ditors or other persons, as well as an individual; and every gender.

word importing the singular number only, shall extend and be applied to several persons or things as well as one person or thing; and every word importing the masculine gender only, shall extend and be applied to a female as well as a male.

II. And be it further enacted, That, after the thirty-first recovered day of December, one thousand eight hundred and thirtybut within three, no person shall make an entry or distress, or bring an after the action to recover any land or rent, but within twenty years right of ac- next after the time at which the right to make such entry or tion accrued. distress, or to bring such action, shall have first accrued to

some person through whom he claims; or, if such right shall not have accrued to any person through whom he claims, then within twenty years next after the time at which the right to make such entry or distress, or to bring such action, shall have first accrued to the person making or bringing

No land or rent to be

20 years

the same.

c. 27.

have accru

of estate in

ment or

III. And be it further enacted, That, in the construction 3 & 4 W. 4, of this act, the right to make an entry or distress, or bring When right an action to recover any land or rent, shall be deemed to deemed to have first accrued at such time as hereinafter is mentioned ; ed : (that is to say,) when the person claiming such land or rent, in the case or some person through whom he claims, shall, in respect of possession ; the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in receipt of such rent, and shall, while entitled thereto, have been dispossessed, or on dispos

session; have discontinued such possession or receipt, then such right shall be deemed to have first accrued at the time of such dispossession or discontinuance of possession, or at the last time at which any such profits or rent were or was so received; and when the person claiming such land or rent, on abateshall claim the estate or interest of some deceased person

death; who shall have continued in such possession or receipt, in respect of the same estate or interest, until the time of his death, and shall have been the last person entitled to such 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 on alienaclaiming such land or rent shall claim in respect of an estate or 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 in case of 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;

tion;

future estates;

c. 27.

3 & 4 W.4, and when the person claiming such land or rent, or the per

son through whom he claims, shall have become entitled by in case of forfeiture or reason of any forfeiture or breach of condition, then such breach of

right shall be deemed to have first accrued when such forcondition.

feiture was incurred or such condition was broken. (6)

remove

(6) The enactments of this sec- period of limitation from the expiration

one of the greatest tion of the lease. The receipt of sources of difficulty in the investi- rents and profits is equivalent to the gation of title. In considering whe- occupation of the soil; the person who ther an estate or a right had been ac- is in the receipt of them can do noquired by length of time, or would thing more to establish his right, and have been presumed to be so acquired, the person to whom they are denied is great difficulty frequently arose in as- virtually dispossessed. Where no rent, certaining whether the possession was or only a nominal rent, is reserved, adverse, and, if so, when it began to be very slight negligence can be imputed adverse, because, until the possession to the reversioner, in merely not rebecame adverse, no right could be ac- quiring a recognition of his title from quired by length of time under the the tenant, and in such cases, till the statutes of limitation, nor any founda- expiration of the lease, we think there tion laid for applying the doctrines of should not be a commencement of adpresumption. Whether possession was verse possession to bar the landlord. or was not adverse was a question of Any rent less than twenty shillings a fact to be determined by a jury, and year may for this purpose be considertherefore in its very nature involving ed nominal (Sect. 9). great uncertainty: but, besides this, the "The anomaly, that, when the question was frequently entangled by younger brother or other remote heir certain rules of law, which still further enters on the death of the ancestor, his added to the embarrassment and diffi

possession is not adverse to the title culty of it.

of the elder brother, appears to lead One of these rules was, that a pos- to uncertainty, and may be usefully session which began rightfully could abolished.—(Sect. 13.) not be considered as having become “ It would be desirable to permit a wrongful, that is, adverse as against jury, under certain circumstances, to the rightful owner, by being merely find the fact of adverse possession in continued after the right of the party the cases of tenants in common, joint in possession had determined. It was tenants, and coparceners, without proof also a principle, that, in case of a lease, of actual ouster (Sect. 12, which apadverse possession, so as to bar the pears to go beyond this recommendareversioner, did not commence till the tion.) expiration of the term. The commis- “ We likewise think it would be prosioners, in their first report on the law per to enact, that, where one individual of Real Property, p. 47, observe, that, has several estates in the same land, " where rent is reserved on a lease, when his right of entry is barred as to we consider it more reasonable that one estate it shall be barred as to all; the limitation should run from the at present he and those claiming under time when the rent began to be re- him have a period of twenty years on ceived by a person claiming adversely, the vesting in possession of such estate. 80 that there shall not be a new (Sect. 20.)

c. 27.

Where ad

when his estate comes

sion.

IV. Provided always, That, when any right to make an

3 & 4 W. 4, entry or distress or to bring an action to recover any land or rent by reason of any forfeiture or breach of condition shall

vantage of have first accrued in respect of any estate or interest in re

forfeiture is

not taken by version or remainder, and the land or rent shall not have remainderbeen recovered by virtue of such right, the right to make man, he

shall have a an entry or distress, or bring an action to recover such land new right or rent, shall be deemed to have first accrued in respect of such estate or interest at the time when the same shall have into possesbecome an estate or interest in possession, as if no such forfeiture or breach of condition had happened.

V. Provided also, That a right to make an entry or dis- Reversioner tress, or to bring an action to recover any land or rent, shall to have a

. be deemed to have first accrued, in respect of an estate 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.

VI. And be it further enacted, That, for the purposes of Anadministhis act, an administrator claiming the estate or interest of claim as if the deceased person of whose chattels he shall be appoint- he obtained ed administrator, shall be deemed to claim as if there had without inbeen no interval of time between the death of such deceased terval after

death of deperson and the grant of the letters of administration (c).

trator to

the estate

ceased.

(c) In case of intestacy, it had been decided, that, as to all rights accruing after the death of the intestate, the statutes of limitation only began to run from the grant of administration. Hence, a right to a chattel interest in lands might be kept alive notwithstanding adverse possession to the expiration of the term however long. From this rule, serious practical inconvenience frequently arose. The

rule established in the text, that, as to
chattel interests in land, the period of
limitation should begin to run from
the time when the right of entry has
arisen, and might have been acquired
by taking out letters of administration,
will obviate this inconvenience. The
next of kin and creditors cannot
reasonably complain, if they neglect
to enforce their rights for twenty
years.

c. 27.

No person after a te

nancy from

rent.

3 & 4 W. 4, VII. And be it further enacted, That, when any person In the case

shall be in possession or in receipt of the profits of any land, of a tenant or in receipt of any rent, as tenant at will, the right of the right shall person entitled subject thereto, or of the person through be deemed whom he claims, to make an entry or distress, or bring an to have accrued at the action to recover such land or rent, shall be deemed to have end of one first accrued either at the determination of such tenancy, or year.

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.

VIII. And be it further enacted, That, when any person

shall be in possession or in receipt of the profits of any land, year to year, or in receipt of any rent, as tenant from year to year or other to have any period, without any lease in writing, the right of the person from the end entitled subject thereto, or of the person through whom he of the first year or last claims, to make an entry or distress, or to bring an action to payment of

recover such land or rent, shall be deemed to have first ac-
crued at the determination of the first of such
periods, or at the last time when any rent payable in respect
of such tenancy shall have been received (which shall last
happen).

ix. And be it further enacted, That, when any person amounting shall be in possession, or in receipt of the profits of any to 20s., reserved by a land, or in receipt of any rent, by virtue of a lease in writing, ing, shall by which a rent amounting to the yearly sum of twenty shilhave been lings or upwards shall be reserved, and the rent reserved by wrongfully

y such lease shall have been received by some person wrongreceived, no right to ac- fully claiming to be entitled to such land or rent in reversion determina- immediately expectant on the determination of such lease, tion of the and no payment in respect of the rent reserved by such lease

shall afterwards have been made to the person rightfully 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

years or other

Where rent

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