CHAPTER
158
PRESCRIPTION |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
Claims to Right of Common and other profits a prendre,
not to be defeated after Thirty Years Enjoyment by shewing the Commencement. |
In claims of Right of Way or other Easement the
Periods to be Twenty Years and Forty years. |
Claim to the Use of Light enjoyed for twenty
years indefeasible, unless shewn to have been by Consent. |
Beforementioned Periods to be deemed those next
before Suits for Claims to which such Periods relate. |
In Actions on the Case the Claimant may allege
his Right generally as at present. |
Restricting the Presumption to be allowed in
support of Claims herein provided for. |
Proviso for Infants, etc. |
What Time to be excluded in computing the Term of
Forty years appointed by this Act. |
CHAPTER 158 |
PRESCRIPTION |
An Act
for shortening the time of prescription in certain cases. | 2 & 3 Will. 4,
c. 71 extended by 9 of 1846 |
[Commencement 1st
August, 1832] |
Whereas the
Expression "Time Immemorial, or Time whereof the Memory of Man runneth not
to the contrary," is now by the Law of England in many Cases
considered to include and denote the whole Period of Time from the Reign of
King Richard the First, whereby the Title to Matters that have been long
enjoyed is sometimes defeated by showing the Commencement of such Enjoyment,
which is in many Cases productive of Inconvenience and Injustice: |
1. [This Act may be cited as the Prescription Act.] | Short title. |
2. No Claim which may be lawfully made at the Common
Law, by Custom, Prescription, or Grant, to any Right of Common or other Profit
or Benefit to be taken and enjoyed from or upon any Land of our Sovereign Lord
the King, His Heirs or Successors except such Matters and Things as are herein
specially provided for ...... shall, where such Right, Profit, or Benefit,
shall have been actually taken and enjoyed by any Person claiming Right thereto
without Interruption for the full Period of Thirty Years, be defeated or
destroyed by shewing only that such Right, Profit, or Benefit was first taken
or enjoyed at any Time prior to such Period of Thirty Years, but nevertheless
such Claim may be defeated in any other Way by which the same is now liable to
be defeated; and when such Right, Profit, or Benefit shall have been so taken
and enjoyed as aforesaid for the full Period of Sixty Years, the Right thereto
shall be deemed absolute and indefeasible, unless it shall appear that the same
was taken and enjoyed by some Consent or Agreement expressly made or given for
that Purpose by Deed or Writing. | Claims to Right of Common and other profits a prendre,
not to be defeated after Thirty Years Enjoyment by shewing the Commencement;
After Sixty Years Enjoyment the Right to be absolute unless had by Consent or
Agreement. |
3. ...... No Claim which may be lawfully made at the
Common Law, by Custom, Prescription, or Grant, to any Way or other Easement, or
to any Watercourse, or the Use of any Water, to be enjoyed or derived upon,
over, or from any Land or Water of our said Lord the King His Heirs or
Successors ...... when such Way or other Matter as herein last before 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 shewing 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 to 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 indefeasible, 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. | In claims of Right of Way or other Easement the
Periods to be Twenty Years and Forty Years. |
4. ...... When the Access and Use of Light to and for
any Dwelling House, Workshop, or other Building shall have been actually
enjoyed 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. | Claim to the Use of Light enjoyed for twenty Years
indefeasible, unless shewn to have been by Consent. |
5. ...... Each of the respective Period of Years
hereinbefore mentioned shall be deemed and taken to be the Period next before
some Suit or Action wherein the Claim or Matter to which such Period may relate
shall have been or shall be brought into question, and that no Act or other
Matter shall be deemed to be an Interruption, within the Meaning of this
Statute, 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 authorising the same to be made. | Beforementioned Periods to be deemed those next before
Suits for Claims to which such Periods relate. |
6. ...... In all Actions upon the Case and other
Pleadings, wherein the Party claiming may now by Law allege his rights
generally, without averring the Existence of such Rights from Time immemorial,
such general Allegation 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 Allegation; and that in all Pleadings to Actions of Trespass, and in
all other Pleadings wherein before the passing
of this Act it would have been necessary to allege the Right to have existed
from 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 in now usually done; and if the other Party shall intend to rely
on any Proviso, Exception, Incapacity, Disability, Contract, Agreement, or
other Matter hereinbefore mentioned, or on any Cause or Matter of fact or of
law not inconsistent with the simple Fact of Enjoyment, the same shall be
specially alleged and set forth in answer to the Allegation of the Party claiming,
and shall not be received in Evidence on any general Traverse or Denial or such
allegation. | In Actions on the Case the Claimant may allege his
Right generally as at present. |
7. In the several Cases mentioned in and provided for
by this Act, no Presumption shall be allowed or made in favour or support of
any Claim, upon Proof of the Exercise or Enjoyment of the Right or Matter
claimed for any less 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 the Nature
of the Claim. | Restricting the Presumption to be allowed in support
of Claims herein provided for. |
8. Provided also, That the Time during which any Person
otherwise capable of resisting any Claim to any of the Matters 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 hereinbefore mentioned, except only in Cases where the Right of Claim
is hereby declared to be absolute and indefeasible. | Proviso for Infants, etc. |
9. Provided always ...... That when any Land or Water
upon, over, or from which any such Way or other convenient Watercourse or Use
of Water shall have been or shall be enjoyed or 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. | What Time to be excluded in computing the Term of
Forty Years appointed by this Act. |