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Section.

6. When in case of estate in reversion. 7. When administrator may claim.

8. Right to enter when tenancy at will.
9. When a tenancy from year to year.
10. When after the determination of lease.
11. When not deemed to be in possession.
12. What claim shall not preserve right.
13. The possession of a co-tenant, how it
affects that of his partner.

14. When acknowledgment of title good.
15. When action may be maintained in case
of non-adverse possession.

16. Where disabilities, when party may sue.
17. When absolutely barred.

18. After death, when action may be brought. 19. What not deemed beyond seas.

20. When party in remainder, &c., may sue.

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1. No claim for lands or rent shall be made, or action brought by Her Majesty, after a continuous adverse possession of sixty years.

2. The words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Chapter, except where the nature of the provision or the context of the Chapter shall exclude such construction, be interpreted as follows, that is to say :The word "land" shall extend to messuages and all other corporeal hereditaments whatsoever, 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 the person through whom another person is said to claim, shall mean any person by, 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 courtesy of England, tenant in dower, successor, special or general occupant, executor, administrator, legatec, husband, assignee, appointee, devisee, or otherwise; and the word "person" shall extend to a body politic, corporate, or collegiate, and to a class of creditors or other persons, as well as an individual; and every 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.

3. No person shall make an entry, or bring an action to recover any land, but within twenty years next after the time at which the right to make such entry, 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 to bring such action, shall have first accrued to the person making or bringing the same.

4. In the construction of this Chapter, the right to make an entry, or bring an action to recover any land, shall be deemed to have first accrued at such time as hereinafter is mentioned, that is to say :-When the person claiming such land, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession, or in receipt of the profits of such land, and shall while entitled thereto have been dispossessed, or 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 were so received; and when the person claiming such land shall claim the estate or interest of some deceased person 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 claiming such land 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, 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 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 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; and when the person claiming such land, or the person through whom he claims, shall have become entitled by reason of any forfeiture or breach of condition, then such right shall be deemed to have first accrued when such forfeiture was incurred, or such condition was broken.

5. But when any right to make an entry, or to bring an action to recover any land, by reason of any forfeiture or breach of condition, shall have first accrued in respect of any estate or interest in reversion or remainder, and the lands shall not have been recovered by virtue of such right, the right to make an entry or bring an action to recover such land shall be deemed to have first accrued in respect of such estate or interest, at the time when the same shall have become an estate or interest in possession, as if no such forfeiture or breach of condition had happened.

6. A right to make an entry, or to bring an action to recover any land, shall 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 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.

7. For the purposes of this Chapter, an administrator claiming the estate or interest of the deceased person of whose chattels he shall be appointed administrator, shall be deemed to claim as if there had been no interval of time between the death of such deceased person and the grant of the letters of administration.

8. When any person shall be in possession, or in receipt of the profits of any land as tenant at will, the right of the person entitled subject thereto, or of the person through whom he claims, to make an entry or bring an action to recover such land, shall be deemed to have first accrued either at the determination of such tenancy, or at the expiration of one year next after the commencement of such tenancy, at which time

such tenancy shall be deemed to have determined; but no mortgagor or cestuique trust shall be deemed to be a tenant at will within the meaning of this clause, to his mortgagee or

trustee.

9. When any person shall be in possession, or in receipt of the profits of any land as tenant from year to year, or other period, without any lease in writing, the right of the person entitled subject thereto, or of the person through whom he claims, to make an entry or bring an action to recover such tand, shall be deemed to have first accrued at the determination of the first of such years, or other periods, or at the last time when any rent payable in respect of any such terancy shall have been received (which shall last happen).

10. When any person shall be in possession, or in receipt of the profits of any land, by virtue of a lease in writing, by which a rent amounting to the yearly sum of twenty shillings or upwards shall be reserved, and the rent reserved by such lease shall have been received by some person wrongfully claiming to be entitled to such land in reversion immediately expectant on the determination of such lease, 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, subject to such lease, or of the person through whom he claims, to make an entry 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 be deemed to have first accrued upon the determination of such lease to the person rightfully entitled.

11. No person shall be deemed to have been in possession of any land within the meaning of this Chapter, merely by reason of having made an entry thereon.

12. No continual or other claim upon or near any land, shall preserve any right of making an entry or of bringing an action.

13. When any one or more of several persons entitled to any land as co-parceners, joint tenants, or tenants in common, shall have been in possession or receipt of the entirety, or more than his or their undivided share or shares of such land, or of the profits thereof, 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, 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.

14. When any acknowledgment of the title of the person entitled to any land 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, 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 Chapter 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 last mentioned person, or any person claiming through him, to make an entry or to bring an action to recover such land, 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.

15. When no such acknowledgment shall have been given before the time appointed for this Chapter to take effect, and the possession or receipt of the profits of the land shall not, at such time, have been adverse 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 hereinbefore limited shall have expired, make an entry, or bring an action to recover such land at any time within five years next after the time first aforesaid.

16. If at the time at which the right of any person to make an entry, or bring an action to recover any land, shall have first accrued as aforesaid, such person shall have been under any of the disabilities hereinafter mentioned, that is to say, infancy, coverture, idiocy, lunacy, unsoundness of mind, or absence beyond seas, then such person, or the person claiming through him, may, notwithstanding the period of twenty years hereinbefore limited shall have expired, make an entry, or bring an action to recover such land 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 disabilities, or shall have died (which shall have first happened).

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