« PreviousContinue »
shall still be deemed sufficient, and if the same shall be denied, all and every the matters in this Act mentioned and provided, which shall be applicable to the case, shall be admissible in evidence to sustain or rebut such allegations; and in all pleadings to actions of tresspass, and in all other pleadings wherein before the passing of this Act it would have been necessary to allege the right to have existedf rom time immemorial, it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement in respect whereof the same is claimed for and during such of the periods mentioned in this Act
as may be applicable to the case, and without claiming in the name or right of the owner of the fee as is now usually done; and if the other party
shall intend to rely on any proviso, excepIn pleas to trepass tion, incapacity, disability, contract, agree&c., when party used ment, or other matter herein before mentionto allege claim from ed, or on any cause or matter of fact or of time immemorial, the period men
law not inconsistent with the simple fact of tioned in this Act enjoyment, the same shall be specially allegmay be alleged, and ed and set forth in answer to the allegation exceptions on other of the party claiming, and shall not be rematters to be re- ceived in evidence on any general traverse plied specially.
or denial of such allegation. Restricting pre
39. In the several cases mentioned in and sumption to be al. provided for by the four preceeding sections lowed in support of of this Act, no presumption shall be allowed claim.
or made in favour or support of any claim, upon proof of the exercise or enjoyment of the right or matter claimed for
period of time or number of years than for such period or number mentioned in this Act, as may be applicable to the case and to which any person otherwise capable of re- fants, idiots, femme sisting any claim to any of the matters in the covert, &c. five preceding sections mentioned shall have been or shall be an infant, idiot, non compos mentis, femme covert, or tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods herein before mentioned, except only in cases where the right or claim is hereby declared to be absolute and indefeasible.
the nature of the claim, Proviso for in- 40. Provided also that the time during
What term be ex. 41. Provided always that when any land
cluded in computor water upon, over or from which
ing the term of 40 way or other convenient watercourse or use of years appointed by water shall have been or shall be enjoyed or this Act. derived hath been or shall be held under or by virtue of any term of life or any term of years exceeding three years from the granting thereof, the time of the enjoyment of any such way or other matter as herein last before mentioned during the continuance of such term, shall be excluded in the computation of the said period of forty years in case the claim shall within three years next after the end or sooner determination of such term be resisted by any person entitled to any reversion expectant on the determination thereof.
Repeal. 42. The several Acts mentioned in the schedule to this Act are hereby repealed 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 (6) 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, incor.
porated or referred to. (3.) This repeal shall not revive any enactment, right, office, privilege, matter or thing not in force or existing at the passing of this Act.
(4.) The several provisions of this Act shall have effect and be applied in all cases as if they had been respectively enacted at the respective dates of the several statutory provisions hereby repealed in lieu of those provisions respectively.
Extent of Repeal.
Sections two to thir-
The whole Act...
Date of Act.
Title of Act.
27th August 1853... An Act for the limitation of actions and
suits relating to real estate, and the
tions of actions and suits relating to
prescription in certain cases.. The whole Act..
An Act to consolidate and amend the Acts
of this Island relating to inheritance. E it enacted by the Governor, Council
, the authority of the same, as follows ;
1, This Act may be cited as “ The In
heritance Act 1891." Meaning of words
2. The words and expressions hereinafin the Act:
ter mentioned, which in their ordinary sig. nification have a more confined or a differ. ent meaning, shall 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) "Land,"
“ Land” shall extend to messuages, and all other hereditaments, whether corporeal or incorporeal, and whether freehold or of any other tenure, and to money to be laid out in the purchase of land, and to chattels and other personal property transmissible to heirs, and to any share of the same hereditaments and properties or any of them, and to any estate of inheritance, or estate for any life or lives, or other estate transmissible to heirs, and to any possibility, right, or title of entry or action, and any other interest capable of being inherited, and whether the same estates, possibil. ities, rights, titles, and interests, or any of them, shall be in possession, reversion, re
mainder, or contingency; “The purchaser." “ The purchaser” shall mean the person