through him; and in such case no such suit shall be brought but within ten years next after the time at which such acknowledgment, or the last of such acknowledgments, if more than one was given; and when there shall be more than one mortgagor, or more than one person claiming through the mortgagor or mortgagors, such acknowledgment, if given to any of such mortgagors or persons, or his or their agent shall be as effectual as if the same had been given to all such mortgagors or persons but where there shall be more than one mortgagee, or more than one person claiming the estate or interest of the mortgagee or mortgagees, such acknowledgment signed by one or more of such mortgagees, or persons shall be effectual only as against the party or parties signing as aforesaid, and the person or persons claiming any part of the mortgage-money, or land, or rent, by, from, or under him or them, and any person or persons entitled to any estate or estates, interest or interests, to take effect after or in defeasance of his or their estate or estates, interest or interests, and sball not operate to give the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money, or land, or rent; and where such of the mortgagees or persons aforesaid

as

shall have given such acknowledgment shall be entitled to a divided part of the land or rent comprised in the mortgage, or some estate or interest therein, and not to any ascertained part of the mortgage-money, the mortgagor or mortgagors shall be entitled to redeem the same divided part of the land or

Mortgagees of

within 20 years after

rent on payment, with interest, of the part of the mortgage-money which shall bear the same proportion to the whole of the mortgage-money as the value of such divided part of the land or rent shall bear to the value of the whole of the land or rent comprised in the mortgage.

28. It shall and may be lawful for any land may recover person entitled to or claiming under any the last payment of mortgage of land, being land within the definition contained in the second section of any part of principal or interest, this Act, to make an entry or bring an action or within 20 years at law or suit in equity to recover such land of acknowledgment. at any time within twenty years next after

the last payment of any part of the principal money or interest secured by such mortgage, or within twenty years after 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 entitled thereto, or his agent, although more than ten or even twenty years may have elapsed since the time at which the right to make such entry or bring such action or suit in equity shall have first accrued, anything in this Act notwithstanding.

person

At the end of the 29. At the determination of the period period of limitation limited by this Act to any person for makthe right of the ing an entry or distress, or bringing an party out of posses- action or suit, the right and title of such

sion to be extin

guished.

Receipt of rent

of profits.

person to the land or rent for the recovery whereof such entry, distress, action or suit respectively might have been made or brought within such period, shall be extinguished.

30. The receipt of the rent payable by to be deemed receipt any tenant from year to year, or other lessee, shall, as against such lessee, or any person claiming under him (but subject to the lease)

be deemed to be the receipt of the profits of the land for the purposes of this Act.

No descent, warranty, &c., to bar

31. No descent, cast, discontinuance, or warranty shall toll or defeat any right of a right of entry. entry or action for the recovery of land. Money charged

isfied at the end of

32. No action or suit or other proceeding on land, and legacies shall be brought to recover any sum of to be deemed satmoney secured by any mortgage, judgment, 20 years, if there or lien, or otherwise charged upon or paya- shall be no interest ble out of any land or rent, at law or in paid or acknowlequity, or any legacy, but within twenty edgment in writing years next after a present right to receive in the mean time the same shall have accrued to some person entitled to the same, unless in the meantime some part of the principal money or some 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; and in such case no such action or suit or proceeding shall be brought but within twenty years after such payment or acknowledgmeut, or the last of such payments or acknowledgments, if more than one was given.

Nothing in this Act shall give to

33. Provided that nothing in this Act shall be construed to give to any person any any person any right of entry, distress, action, or suit for right of entry, &c., the recovery of any land or rent, or any for the recovery of money secured by any mortgage, judgment, any land, rent, or or lien, or otherwise charged upon or paya- money, who shall be barred by the law ble out of any land or rent, who shall be now in force. barred by the laws of this Island now in force, from making any such entry or distress, or bringing any action or suit for the recovery thereof.

20 years to bar

34. No action or suit or other proceeding shall be brought to recover the personal es- claims to personal

estates of intestates. tate or any share of the personal estate of any person dying intestate possessed by the legal personal representative of such intestate but within twenty years next after a present right to receive the same shall have accrued to some person entitled to the same unless in the meantime some part of such estate or share or some interest in respect thereof shall have been accounted for or paid, or some acknowledgment of the right thereto, shall have been given in writing signed by the person accountable for the same, or his agent, to the person entitled thereto, or his agent, and in such case no such action or suit or proceeding shall be brought but within twenty years after such accounting, payment or acknowledgment, or the last of such accountings, payments or acknowledgments if more than one was made or given.

cases

certain

are indefensible.

Prescription.

35. No claim which may be lawfully made Prescription, &c., to any right of way, at the common law, by custom, prescripwatercourse. &c., if tion, or grant, to any way or other easement, enjoyed for 20 years or to any watercourse, or to the use of any may, in be defeated, water to be enjoyed or derived upon, over, but if for 40 years or from any land or water, being the property of any person or body corporate, when such way or other matter as herein last bcfore mentioned shall have been actually enjoyed by any person claiming right thereto, without interruption for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years, but nevertheless such claim may be defeated in any other way by which the same is now liable

be defeated; and where such way or other matter as herein last before mentioned shall have been so enjoyed as aforesaid for the full period of forty years, the right thereto shall be deemed absolute and indeteasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.

sible unless by express consent.

Before-mention

36. When the access and use of light to Claims to the use and for any dwelling-house, workshop, or of light enjoyed for other building shall have been actually en- 20 years indefea joyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing. 37. Each of the respective periods of years in the two preceding sections mentioned ed periods to be shall be deemed and taken to be the period deemed those next next before some suit or action wherein the before suits for claim or matter to which such period may such periods relate. claims to which relate shall have been or shall be brought into question, and no act or other matter shall be deemed to be an interruption within the meaning of this Act, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.

In actions on the

38. In all actions upon the case and other pleadings wherein the party claiming may case claimant may now by law allege his right generally, with- allege right gener out averring the existence of such right from ally.

time immemorial, such general allegation