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not by specialty, or for any fine due in respect of any copyhold estates, or for an escape, or for money levied on any fieri facias, and all actions for penalties, damages, or sums of money given to the party grieved, by any statute now or hereafter to be in force, shall be commenced within the time hereafter limited, viz., actions of debt for rent upon an indenture of demise, or covenant, or debt upon any bond or other specialty, actions of debt or scire facias upon recognisance, within twenty years after the cause thereof; the said actions by the party grieved, within two years after the cause thereof; and the said other actions within six years after the cause thereof. Proviso : Nothing herein contained shall extend to any action given by any statute where the time for bringing such action is or shall be by any statute specially limited.
4. In case of disability, such actions may be brought within Disability. such times after the disability shall have ceased as other persons, having no such impediment, should, according to the provisions of this Act, have brought the same. 5. If any acknowledgment shall have been made either by Acknowledg.
ment, or part writing signed by the party liable by virtue of such indenture, payment. specialty, or recognisance, or his agent, or by part payment, or part satisfaction on account of any principal or interest being due thereon, action may be brought for the money remaining unpaid, and so acknowledged to be due within twenty years after such acknowledgment by writing or part payment, or part satisfaction ; or in case the person entitled to such action shall at the time of such acknowledgment be under disability, or the party making the acknowledgment shall be at the time thereof beyond the seas, then within twenty years after such disability shall have ceased, or the party shall have returned from beyond the seas as the case may be.
An Act to protect Justices of the Peace from Vexatious
Actions for Acts done by them in Execution of their
11 & 12 VICT. C. 44.
The Mercantile Law Amendment Act, 1856.
19 & 20 VICT, c. 97.(a) 9. All actions of account or for not accounting and suits for Limitation of
actions for mer
chants' accounts. (a) For other sections of this Act, see title “ Mercantile Law Amendment."
ment of a person
such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants, shall be commenced within six years after the cause thereof ; and no claim in respect of a matter which arose more than six years before the commencement of such action or suit, shall be enforceable by action or suit by reason only of some other matter of claim comprised in the same account having arisen within six years next
before the commencement of such action or suit, Absence beyond 10. No person or persons who shall be entitled to any action seas or imprison
or suit with respect to which the period of limitation within entitled to action which the same shall be brought is fixed by the following Acts : no disability.
21 Jac. 1, c. 16, s. 3; 4 Anne, c. 16, s. 17; 53 Geo. 3, c. 127,
3 & 4 Will. 4, c. 27, ss. 40, 41, 42; 3 & 4 Will. 4, c. 42, s. 3 ; 16 & 17 Vict. c. 113, s. 20; shall be entitled to any time within which to commence the same beyond the period so fixed for the same by the said enactments by reason only of such person, or some one or more of such persons being at the time of such cause of action or suit accrued beyond the seas; or in the cases in which by virtue of any of the said enactments, imprisonment is now a disability, by reason of such person or some one or more of such persons being imprisoned at the time such cause of action or suit accrued.
11. Where such cause of action or suit with respect to which the period of limitation is fixed by the said enactments, or any of them, lies against two or more joint debtors, the person or persons who shall be entitled to the same shall not be entitled to any time within which to commence any such action or suit against any one or more of such joint debtors who shall not be beyond the seas at the time such cause of action or suit accrued, by reason only that some other one or more of such joint debtors was or were at the time such cause of action accrued beyond the seas, and such person or persons so entitled as aforesaid shall not be barred from commencing any action or suit against the joint debtor or joint debtors who was or were beyond seas at the time the cause of action or suit accrued after his or their return by reason only that judgment was already recovered against any one or more of such joint debtors who was not or were not beyond
seas at the time aforesaid. “Beyond seas." 12. None of the places mentioned in sect. 7 shall be deemed
to be beyond seas within the meaning of the 4 & 5 Anne, c. 16,
or this Act. Acknowledg- 13. In reference to the provisions of the Acts 9 Geo. 4, c. 14, ment by agent.
s. 1 (a), and 16 & 17 Vict. c. 113, ss. 24 and 27, an acknowledgment or promise made or contained by or in writing signed by an agent of the party chargeable thereby duly authorised to
(a) See p. 189.
make such acknowledgment or promise, shall have the same effect as if such writing had been signed by such party himself.
14. In reference to the provisions of the Acts, 21 Jac. 1, c. 16, Part payment by s. 3 (a); 3 & 4 Will. 4, c. 42, s. 3 (b); 16 & 17 Vict. c. 113,
one co-debtor. s. 20; when there shall be two or more co-contractors or codebtors, whether bound or liable, jointly only or jointly and severally, or executors or administrators of any contractor, no such person shall lose the benefit of the said enactments, or any of them, so as to be chargeable in respect or by reason only of payment of any principal, interest, or other money by any other or others of them. (c)
An Act to further Amend the Law of Property.
23 & 24 Vict. 0. 38. (d) 13. No proceeding shall be brought to recover the personal Personal estate estate(or any share thereof)of an intestate, but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for the same, unless in the meantime some part thereof 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
thereto or his agent, and in such case no such proceeding shall be brought but within twenty years after such accounting, payment, or acknowledgment, or the last of such if more than one.
An Act for the Constitution of a Supreme Court, and for
other Purposes relating to the better Administration of Justice in England, &c.
36 & 37 Vict. c. 66. (e) 25 (2.) No claim of a cestui que trust against his trustee for Claim of cestui any property held on an express trust, or in respect of any breach que trust. of such trust, shall be held to be barred by any Statute of Limitations.
(a) See p. 188.
(6) See p. 190. (C) One of two partners must be presumed, in the absence of proof to the contrary, to have authority to make a payment on account of a debt due by the firm, so as to take the debt out of the operation of the statute as against the other: (Goodwin v. Parton and Page, 41 L. T. 91, 568.)
(d) For other sections of this Act, see titles “Judgments," Leases," and “ Real Property (Miscellaneous Acts).”
(e) For other sections of this Act, see Part II.
31 & 32 Vict. C. 86.
MARRIED WOMEN.(a) An Act for the Abolition of Fines and Recoveries, and for the substitution of more simple modes of Assurance.
3 & 4 WILL. 4, c. 74.(6) Dispositions by
77. After the 31st of December, 1833, every married woman married women. (except a tenant in tail, in which case provision is already hereby
made) may, by deed, dispose of lands of any tenure, and money subject to be invested in the purchase of lands, and also dispose of any estate which she alone, or she and her husband in her right, may have in any lands, or in any such money as aforesaid, including any power vested in or limited to her, as effectually as if she were a feme sole; but her husband must concur in the deed, which must be acknowledged as hereinafter directed. Proviso : This Act shall not extend to her legal estates in copyholds where any of the objects to be effected by this clause could heretofore have been effected by her in concurrence with her husband, by surrender.
79. Every deed to be executed by a married woman for any of the purposes of this Act, except as protector, for the sole purpose of consenting to the disposition of a tenant in tail, shall, upon her executing the same, or afterwards, be produced and acknowledged by her as her act and deed, before a judge of one of the Superior Courts at Westminster (or a judge of a County Court], or before a perpetual commissioner or a special commissioner. (c)
80. The judge or commissioners before receiving such acknowledgment shall examine the married woman apart from her husband, touching her knowledge of such deed, and shall
(a) And see sect. 61 of 45 & 46 Vict. c. 38, post, title " Settled Estates." (6) For other sections of this Act, see post, title “ Settled Estates."
(c) The acknowledgment is not to be impeachable by reason only that the person taking the same was interested in the transaction as a party, solicitor, or otherwise : (47 & 46 Vict. c. 39, s. 7 (3).)
ascertain whether she freely and voluntarily consents thereto, and if not, shall not permit her to acknowledge the same, and in such case such deed shall, so far as relates to the execution thereof, by such married woman, be void.
81. As to appointment of commissioners, &c.
82. A commissioner for a particular county may take acknowledgments elsewhere.
83. If by reason of residence beyond seas, ill health, or other sufficient cause, a married woman shall be prevented from making the acknowledgment in the ordinary way, the [Queen's Bench Division] or a judge thereof, may appoint a special commissioner to take the same.
84. The person or persons taking the acknowledgment shall sign a memorandum to be indorsed on, or written at the foot or in the margin of such deed, and also a certificate of the taking of such acknowledgment, to be written or engrossed on a separate piece of parchment, which, subject to alteration by the [Queen's Bench Division) shall be in the respective forms in this section set forth.
90. A married woman is to be separately examined in case of surrender of an equitable estate in copyholds, in the same manner as if such estate were legal.
91. If a husband shall, in consequence of being a lunatic, idiot, or of unsound mind, and whether so found by inquisition or not, or shall from any other cause, be incapable of executing a deed, or of making a surrender of copyholds, or if his residence shall not be known, or he shall be in prison, or living apart from his wife either by mutual consent or by sentence of divorce or from any other cause whatsoever, the [Queen's Bench Division] may, by an order to be made in a summary way upon the application of the wife, and upon such evidence as to the said court shall seem meet, dispense with the concurrence of the husband in any case in which his concurrence is required by this Act or otherwise, and all acts, deeds, or surrenders to be done, executed, or made by the wife in pursuance of such order, in regard to lands of any tenure, or money subject to be invested in the purchase of lands, shall be done, executed, or made by her in the same manner as if she were a feme sole, and shall, when done, &c., without prejudice to the rights of the husband as then existing independently of this Act, be as good and valid as if the husband had concurred. Proviso : This clause shall not extend where the Lord Chancellor or other persons entrusted with the care of lunatics, or the [Chancery Division] shall be the protector of the settlement in lieu of the husband.