Page images
PDF
EPUB

the life of a person trustee, and the beneficial interest in such beneficially entitled real estate or in the surplus rents and profits for life, to take the thereof, shall not be given to any person for fee.

life, or such beneficial interest shall be given to any person for life, but the purposes of the trust may continue beyond the life of such person, such devise shall be construed to vest in such trustee the fee simple or other the whole legal estaie which the testator had power to dispose of by will in such real estate, and not an estate determinable when the purposes of the trust

shall be satisfied. Devises of estate 19. Where any person, to whom any real tail not to lapse. estate shall be devised for an estate tail or

an estate in quasi entail, shall die in the lifetime of the testator, leaving issue who would be inheritable under such entail, and and such issue shall be living at the time of the death of the testator, such devise shall not lapse but shall take effect, as if the death of such person had happened immediately after the death of the testator, unless a con

trary intention shall appear by the will. Gifts to children, 20. Where any person, being a child or or other issue, who other issue of the testator, to whom any leave issue living at real or personal estate shall be devised or the testator's death, not to lapse.

bequeathed for any estate or interest not determinable at or before the death of such person, shall die in the lifetime of the testator, leaving issue, and any such issue of such person shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.

Ertent of Act. 21. Sections nine to twenty inclusive of

Act not to extend this Act shall not extend to any will made to estates pour autre before the fourteenth day of August one vie, of persons who thousand eight hundred and sixty nine, and die before the passevery will re-executed, or re-published or

ing of this Act. revived by any codicil, shall, for the purposes of the said sections be deemed to have been made at the time at which the same shall be so re-executed, re-published, or revived, and the said sections shall not extend to any estates pour autre vie of any person who shall have died before the said fourteenth of August.

Repeal 22. The several Acts mentioned in the schedule to this Act are hereby repealeil, provided that

(1.) Any enactment or document referring to any Act or enactment hereby repealed shall be construed to refer to this Act or to the corresponding enactment in this Act.

(2.) This repeal shall not affect
(a) The past operation of any enactment,

hereby repealed nor any thing duly
done or suffered under any enact-

ment hereby repealed ; or
(b) any right, privilege, obligation, or lia-

bility acquired, accrued, or incurred
under any enactment hereby repeal

ed ; or
(c) any penalty, forfeiture, or punishment

incurred in respect of any offence
committed against any enactments

hereby repealed ; or
(d) any investigation, legal proceeding or

remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding and remedy may be carried

on as if this Act had not passed; or (e) any Act in which the enactments here

by repealed have been applied, in

corporated or referred to. (3.) This repeal shall not revive ment, right, office, privilege, matter thing not in force or existing at the passing of this Act.

(4.) This repeal shall not affect any will or estate pour autre vie not affected by this Act.

any enact

or

SCHEDULE

Date of Act

Title of Act.

Extent of

Repeal

16th Febru-An Act for prevenary 1762 tion of frauds and Sections perjuries three, six to

nine inclus live, eleven and twelve.

14th Aug- An

Act for the ust 1869 amendment of the

law with respect The whole to wills....

Act.

CAP. VII.

(Assented to 26th February 1891.)
BABARDOS.
An Act to consolidate and amend the Acts

of this Island relating to limitation and
prescription.
E it enacted by the Governor, Council,

,

the authority of the same, as follows;

Short title. 1. This Act may be cited as “ The Limitation and Prescription Act, 1891."

Interpretation. 2. The words and expressions hereinafter mentioned, which in their ordinary significa- the Act.

Meaning of words in tion have a more confined or different meaning, sball in this Act, except where the nature of the provision or the context of the Act 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 a chattel interest; and the word “Rent” shall extend 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; 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 tai), tenant

ΟΥ

by courtesy of England, tenant in dower, successor, special or general occupant, executor, administrator, legatee, husband, assignee, appointee, devisee, or otherwise ; and the word “ Person shall extend to a body politie, corporate, or collegiate, and to a class of creditors or other persons as well as an individual.

Limitation. No land or rent

3. From and after the passing of this Act to be recovered but within 10 years

no person shall make an entry or distress after the right of or bring an action to recover any land or action accrued to rent but within ten years next after the the claimant time at which the right to make such entry some person whose

or distress or to bring such action shall estate he claims.

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 ten years next alier the time at which the right to make such entry or distress or 10 bring such action shall have first accrued to the person

making or bringing the same. Where the right

4. In the construction of this Act the shall be deemed to right to make an entry or distress, or bring have accrued. an action to recover any land or rent, sball

be deemed to have first accrued at such time as hereinafter mentioned ; that is to say, when the person claiming such land or rent,

person through whom be claims, shall, in respect of 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 have discontinued such possession or receipt, ther such right shall be deemed to have first accrued at the time of such dispossession or discontinuance of possession or at

or

some

« PreviousContinue »