Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697804172572.pdf (Ireland)
AN BILLE UM REACHT NA dTREIMHSI, 1954.

STATUTE OF LIMITATIONS BILL, 1954.

• Mar a tugadh isteach.

As introduced.

ARRANGEMENT OF SECTIONS.

PART I.

Preliminary and General.

Section.

1.

Short title and commencement.

2.

General provisions as to interpretation.

3.

Application to the State.

4.

Non-application to proceedings in respect of the forfeiture of a ship.

5.

Saving for equitable jurisdiction to refuse relief for acquiescence or otherwise.

6.

Provisions as to set-off and counterclaim.


7.

Saving as to other limitation enactments in respect of actions.

r • • 8.

Provisions as to actions barred and pending on the operative date.

9.

Repeals.

PART II.

Periods of Limitations for Different Classes of Action.

10.

Part II to be subject to provisions of Part III relating to disability, acknowledgment, part payment, fraud and mistake.

Actions of contract and tort and certain other actions.

11.
11.

Limitation of actions of contract and tort and certain other actions.

12.

Limitation in case of successive conversions, and extinction of title of owner of converted goods.

Actions to recover land.

13.

Limitation of actions to recover land.

14.

Accrual of right of action (present interests in land).

15.

Accrual of right of action (future interests in land).

16.

Accrual of right of action (forfeiture or breach of « condition).

17.

Accrual of right of action (certain tenancies).

18.
18.

Right of action not to accrue unless there is adverse possession.

19.

Cure of defective disentailing assurance.

[No.

39 of 1954.]

Section.

20.

No right of action to be preserved by formal entry or continual claim.

21.

Possession of one co-parcener, etc., not to be possession of others.

22.

Possession of younger brother, etc., not be possession of heir.

23.

Administration to date back to death.

24.

Extinction of title to land after expiration of period limited for actions to recover land.
25.

Equitable estates in land, and land held on trust.

Actions to recover arrears of rentcharges, conventional rents and dower.

26.

Limitation of actions to recover arrears of a rent charge.

27.

Limitation of actions to recover arrears of a conventional rent.

28 Warrants under section 28 of the Land Act, 1933.

29.

Limitation of actions to recover arrears of dower.

Actions in lespect of mortgages.

JJl 30.

Foreclosure action by mortgagee of land deemed to be an action to recover the land.

31.
31.

Limitation of redemption actions (land).

32.

Limitation of actions to recover principal money secured by a charge on land or personal property.

33.

Limitation of actions to recover arrears of interest on a mortgage or charge.

34.

Restriction on recovery under section 26 of the Agri­ cultural Credit Act, 1947, of interest on chattel mortgages.

Actions in respect of trust property or the personal estate of deceased persons.

35.

Limitation of actions against trustees.

36.


Limitation of actions to recover personal estate of deceased persons.

37.

Exclusion of actions against trustees in cases of fraud or retention of trust property.

PART III.

Extension of Limitation Periods in Case of Disability.

Acknowledgment, Part Payment, Fraud and Mistake.

Chapter I.

Interpretation.

38.

Interpretation (Part III).

Chapter II.

Disability.

39.

Person under a disability.

40.

Extension of limitation period in case of disability.
Chapter III.

Acknowledgment.

41.

Meaning of ‘ ‘ acknowledgment *’.

42.

Fresh accrual of action on acknowledgment (action, other than foreclosure action, to recover land).

2 Section.

43.

Fresh accrual of action on acknowledgment (mortgagee’s foreclosure action in respect of land).

44.

Effect of acknowledgment on right of action to redeem mortgaged land in mortgagee’s possession.

45.

Fresh accrual of action on acknowledgment (action to recover debt or other liquidated pecuniary claim).

46.
46.

Fresh accrual of action on acknowledgment (action claiming personal estate of deceased person).

47.

Formal provisions as to acknowledgment.

48.

Effect of acknowledgment on persons other than the maker or recipient.

49.

Exemption of acknowledgment from stamp duty.

Chapter IV.

Part payment.

50.

Meaning of “ payment ”.

51.

Fresh accrual of action on payment (mortgagee’s foreclosure action in respect of land).

52.
52.

Effect of payment on right of action to redeem mortgaged land in mortgagee’s possession.

53.

Fresh accrual of action on payment (action to recover debt or other liquidated pecuniary claim).

54.

Fresh accrual of action on payment (action claiming personal estate of deceased person).

55.

Formal provisions as to payment.

56.

Effect of payment on persons other than the maker.

57.

Endorsement of payment by creditor not to be evidence of payment.

Chapter V. Fraud and mistake.

58.


Postponement of limitation period 59.

Postponement of limitation period in case of fraud, in case of mistake.

PART IV.

Application of this Act and other Limitation Enactments to Arbitrations.

60.

Interpretation (Part IV).

61.

Commencement of arbitration.

62.

Application of Act and other limitation enactments to arbitrations.

63.

Accrual of cause of action where agreement makes award thereunder a condition precedent to commencement of action.

64.
64.

Power of Court to extend time where it sets award aside or orders arbitration to cease to have effect.

65.

Application of Part IV to arbitrations under other Acts.

66.

Saving for other enactments relating to limitation of arbitrations.

67.

Arbitrations pending on the operative date.

SCHEDULE.

Enactments Repealed.

3 MARGINAL ABBREVIATIONS.

1808 (c. 47)=Crown Claims Limitation (Ireland) Act, 1808 (48 Geo.

3. c. 47).

1828 (c. 14) =Statute of Frauds Amendment Act, 1828 (9 Geo.

4. c. 14).
4. c. 14).

1833 (c. 27)=Real Property Limitation Act, 1833 (3 & 4 Will.

4. c. 27).

1837 (c. 28)=Real Property Limitation Act, 1837 (7 Will.

4 & 1 Vic.

c. 28).

1840 (c. 105) =Debtors (Ireland) Act, 1840 (3 & 4 Vic.

c. 105).

1853 (c. 113) = Common Law Procedure Amendment Act [Ireland), 1853 (16 & 17 Vic.

c. 113).

1856 (c. 97) =Mercantile Law Amendment Act, 1856 (19 & 20 Vic.

c. 97).

1860 (c. 38)=Law of Property Amendment Act, 1860 (23 & 24 Vic.

c. 38).
c. 38).

1874 (c. 57) =Real Property Limitation Act, 1874 (37 & 38 Vic.

c. 57).

1876 (c. 37) =Nullum Tempus (Ireland) Act, 1876 (39 & 40 Vic.

c. 37).

1888 (c. 59) = Trustee Act, 1888 (51 & 52 Vic.

c. 59).

1906 (c. 28)=Crown Lands Act, 1906 (6 Ed.

7. c. 28).

1954 (No.

26) = Arbitration Act, 1954 (No.

26 of 1954).

.

T ' 4 AN BILLE UM REACHT NA dTREIMHSI, 1954.

STATUTE OF LIMITATIONS BILL, 1954.


BILL entitled 5 AN ACT TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING TO THE LIMI­ TATION OF ACTIONS AND ARBITRATIONS.

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS 10 Preliminary and General.

PART I.

1.—(1) This Act may be cited as the Statute of Limitations, 1955.

Short title and commencement.

(2) This Act shall come into operation on the 1st day of January, 1957.

General provisions as to interpretation.


[As to use of term see Donegan v. Neill (1885) 16 L.R.

It.

309 ; " rent service ” seems inappropriate in Irish statutes since s. 3 of Deasy’s Act] [Def.

of “ foreshore ” taken from s. 1 of Foreshore Act, 1933 (No.
12 of 1933)) 15 2.—(1) In this Act— “ action ” includes any proceeding (other than a criminal pro­ ceeding) in a court established by law; 20 “ conventional rent ” means a rent payable under a lease or other contract of tenancy (whether in writing or not and whether express or implied) and includes the rent payable by a statutory tenant within the meaning of the Rent Restrictions Act, 1946 (No.
4 of 1946); 25 30 “ foreshore ” means the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek, and bay of the sea or of any such river or estuary; “ land ” includes corporeal hereditaments and rentcharges, and an interest in the proceeds of the sale of land held upon trust for sale, but save as aforesaid does not include any incorporeal here­ ditament ; “ the operative date ” means the 1st day of January, 1957; “ other limitation enactment ” means any enactment (other than this Act) relating to the limitation of actions; “ personal estate ” does not include chattels real; 35 “ personal injuries ” includes any disease and any impairment of a person’s physical or mental condition; “ personal property ” does not include chattels real; 5 [See def.
of “ former crown rent ” in s. 2 (1) of the State Property Act, 1954 (No.
25 of 1954)] “ rent ” includes a rentcharge and a conventional rent; “ rentcharge ” means any annuity or periodic sum of money charged upon or payable out of land, and includes— (а) any annual or periodic payment to the Irish Land Com­ mission, including an annuity in repayment of an in- 5 stalment mortgage payable into the Church Tempora­ lities Fund, and (б) any periodic payment which was immediately before the 6th day of December, 1922, collectable under the Crown Lands Acts, 1829 to 1913, being— (i) a crown rent, or (ii) a quit rent, or (iii) a composition rent, or (iv) any other rentcharge, but does not include— (c) a conventional rent, or (d) interest on a mortgage on land, or (e) a terminable annuity payable in respect of a loan under the Housing (Gaeltacht) Acts, 1929 and 1934; 10 ^ “ ship ” includes every description of vessel used in navigation not oq propelled by oars; " State authority ” means any authority being— (a) a Minister of State, or (b) the Commissioners of Public Works in Ireland, or (c) the Irish Land Commission, or (d) the Revenue Commissioners, or (e) the Attorney General; 25 “ trustee ” includes an executor or administrator and a trustee whose trust arises by construction or implication of law as well as an express trustee.
(2) In this Act references to a foreclosure action shall, in relation to land, be construed as including references to an action claiming the sale of the land instead of foreclosure.
(3) (a) For the purposes of this Act— (i) a person shall be deemed to claim through another 35 person, if he became entitled by, through, under or by the act of that other person to the right claimed; (ii) a person whose estate or interest might have been barred by a person entitled to an entailed interest in possession shall be deemed to claim through the 40 person so entitled.
(b) A person becoming entitled to any estate or interest by virtue of a special power of appointment shall not, for the purposes of this Act, be deemed to claim through the appointor.

45 [ 1888 (c. 59) B.

1 (3)1 Foreclosure to include, in relation to land, sale instead of foreclosure.

[As to foreclosure in Ireland see Bruce v. Brophy (1906) 1 l.R.

611] Claiming through a person.

[1833 (c. 27) ss.

1.

21, 22] Right of action to recover land to include right to enter into possession, distrain, etc.
(4) In this Act— (a) references to a right of action to recover land shall include references to a right to enter into possession of the land or, in the case of rentcharges, to distrain for arrears of rent; 50 6 (b) references to the bringing of an action to recover land shall include references to the making of an entry into possession of the land or, in the case of rentcharges, to making a distress for arrears of rent.
(5) In this Act— (a) references to the possession of land shall, in the case of rentcharges, be construed as references to the receipt of the rent, and [1833 (c. 27) and 1874 (c. 57)— references to making an entry or distress] Possession and dispossession in the case of rentcharges.
[See 1833 (c. 27) s. 3, first branch, last part] 10 (6) references to the date of dispossession or discontinuance of possession of land shall, in the case of rentcharges, be construed as references to the date of the last receipt of rent.

[New] 3.—(1) Save as in this Act otherwise expressly provided and without prejudice to section 7 of this Act, this Act shall apply to 15 proceedings by or against a State authority in like manner as if Application to the State.
[New] that State authority were a private individual.

20 25 (2) This Act shall not apply to— (a) any proceedings for the recovery of any sum due in respect of a tax or duty which is for the time being under the care and management of the Revenue Commissioners, or interest thereon, or [cp.

s. 38 (1) of the Finance Act, 1924 (No.


27 of 1924)] (b) any proceedings for the recovery of any fine, penalty or forfeiture incurred in connection with any such tax or duty, or (c) any forfeiture proceedings under the Customs Acts or the Acts which relate to the duties of excise and the man­ agement of those duties.

(3) Nothing in this Act shall affect the right of the State to any gold or silver mine.
30 4.—This Act shall not apply to any proceedings in respect of the forfeiture of a ship or of an interest in a ship.

5.—Nothing in this Act shall affect any equitable jurisdiction to refuse relief on the ground of acquiescence or otherwise.

6.—For the purposes of this Act any claim by way of set-off or 35. counterclaim shall be deemed to be a separate action and to have been commenced on the same date as the action in which the set-off or counterclaim is pleaded.
7.—This Act shall not apply to— (a) any action for which a period of limitation is fixed by any 40 other limitation enactment, or (b) any action to which a State authority is a party and for which, if that State authority were a private individual, a period of limitation would be fixed by any other limitation enactment.

7 Non-application to proceedings in respect of the forfeiture of a ship.

Saving of equitable jurisdiction to refuse relief for acquiescence or otherwise.
[1833 (c. 27) s. 27] Provisions as to set-off and counterclaim.

[1828 (c. 14) s. 4; 1853 (c. 113) s. 26: amended as to date until which statute runs] Saving as to other limitation enactments in respect of actions.

[1853 (c. 113) s. 20, last proviso] Provisions as to actions barred and pending on the operative date.

8.
8.

—Nothing in this Act shall— (a) enable any action to be brought which was barred before the operative date by any enactment repealed by this Act, except so far as the cause of action or right of action may be revived by an acknowledgment or part 5 .

payment made in accordance with Part III of this Act, or (&) affect any action commenced before the operative date or the title to any property which is the subject of any such action.

^ Repeals.

9.
^ Repeals.

9.

—The enactments mentioned in column (2) of the Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.

PART II.

Periods of Limitations for Different Classes of Action.

10.—The subsequent provisions of this Part of this Act shall have effect subject to the provisions of Part III of this Act which provide for the extension of the periods of limitation in the case of disability, acknowledgment, part payment, fraud and mistake.
Actions of contract and tort and certain other actions.
11.—(1) The following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued— (a) actions founded on simple contract; (b) actions commonly called actions arising quasi ex contractu; 25 (c) actions to enforce a recognizance; (d) actions to enforce an award, where the arbitration agree­ ment is not under seal; (e) actions to recover any sum recoverable by virtue of any enactment, other than— (i) a penalty or forfeiture or sum by way of penalty 30 or forfeiture, or (ii) a debt created by subsection (2) of section 14 or section 125 of the Companies (Consolidation) Act, - 1908.
35 (2) (a) Subject to paragraphs (h) and (c) of this subsection, an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.
(&) An action claiming damages for negligence, nuisance of 411 breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute or independently of any contract or any such provi­ sion), where the damages claimed by the plaintiff for the 8 Part II to be subject to provisions of Part III relating to disability, acknowledgment, part payment, fraud and mistake.

Limitation of actions of contract and tort and certain other actions.
[1853 (c. 113) s. 20 ; existing period— 6 years] [1853 (c. 113) s. 20 ; existing period— 20 years] [1853 (c. 113) s. 20 ; existing period— 20 years] [1853 (c. 113) s. 20 ; existing periods :—direct injury to property— 6 years ; detinue, conversion— 6 years ; libel, malicious prosecution and arrest, seduction, criminal conversation— 6 years ; assault, etc., imprisonment— 4 years] [1853 (c. 113) s. 20 ; since repeal of Public Authorities Protection Act, 1893—6 years] negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person, shall not be brought after the expiration of three years from the date on which the cause of action accrued.
(c) An action claiming damages for slander shall not be brought after the expiration of two years from the date on which the cause of action accrued.

(3) An action for an account shall not be brought in respect of 10 any matter which arose more than six years before the commence­ ment of the action.
15 (4) (a) Subject to paragraph (b) of this subsection, an action upon an instrument under seal or an action to enforce an award, where the arbitration agreement is under seal, or an action to recover a debt created by sub­ section (2) of section 14 or section 125 of the Companies (Consolidation) Act, 1908, shall not be brought after the expiration of twelve years from the date on which the cause of action accrued.
20 (b) Paragraph (a) of this subsection shall not affect any [1853 (c. 113) s. 20 ; existing periods:— actionable per se—2 years ; other slander— 6 years] [1853 (c. 113) s. 20 ; 1856 (c. 97) s. 9 : C years] [1853 (c. 113) s. 20 ; existing period— 20 years] action to recover— (i) arrears of a rentcharge or a conventional rent, or (ii) any principal sum of money secured by a mortgage or other charge, or (iii) arrears of interest payable in respect of any prin­ cipal sum of money secured by a mortgage or other charge.
(5) (a) An action shall not be brought upon a judgment after the expiration of twelve years from the date on which the judgment became enforceable.

(6) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

(6) (a) In this subsection “ penalty ” does not include a fine to which any person is liable on conviction of a criminal offence.
[1874 (c. 57) s. 8 (part relating to judgments); existing period —12 years] [1833 (c. 27) s. 42*; existing amount— 6 years' interest] *See Kelly v. Bodkin (1841) 3 Ir.

Eq.

R. 390.

(b) An action to recover any penalty or forfeiture, or sum by way of penalty or forfeiture, recoverable by virtue of any enactment shall not be brought after the expira- tion of two years from the date on which the cause of action accrued.
[1853 (c. 113) s. 20 : existing period—2 years] (7) (a) Subsection (1) of this section shall apply to an action to recover seamen’s wages.

(6) Save as provided by paragraph (a) of this subsection, this section shall not apply to any cause of action with­ in the Admiralty jurisdiction of the High Court which is enforceable in rem.

(8) (a) This section shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief.
(b) Paragraph (a) of this subsection shall not be construed as preventing a Court from applying by analogy any pro­ vision of this section in like manner as the correspond­ ing enactment repealed by this Act has heretofore been applied.

9 25 30 35 40 45 55 Limitation in case of successive conversions and extinction of title of owner of converted goods.

[New] Limitation of actions to recover land.
[1808 (c. 47); 1876 (c. 37); 1906 (c. 28) s.9 : existing period—60 years] 12.—(1) Where— (a) any cause of action in respect of the conversion or wrong­ ful detention of a chattel has accrued to any person, and (6) before he recovers possession of the chattel, a further con­ version or wrongful detention takes place, then, no action shall be brought in respect of the further conversion or wrongful detention after the expiration of six years from the accrual of the cause of action in respect of the original conversion or wrongful detention.
(2) Where— 5 10 (a) any cause of action in respect of the conversion or wrong­ ful detention of a chattel has accrued to any person, and (b) the period fixed for bringing that action and for bringing any action in respect of such a further conversion or wrongful detention as is mentioned in subsection (1) of 15 this section has expired, and (c) he has not during that period recovered possession of the chattel, then, the title of that person to the chattel shall be extinguished.

20 Actions to recover land.


13.—(1) (a) Subject to paragraphs (6) and (c) of this subsec­ tion, no action shall be brought by a State authority to recover any land after the expira­ tion of forty years from the date on which the right of action accrued to a State authority or, 25 if it first accrued to some person through whom a State authority claims, to that person.
(6) An action to recover foreshore may be brought by a State authority at any time before the expira- of sixty years from the date on which the 30 right of action accrued to a State authority.
(c) Where any right of action to recover land, which has ceased to be foreshore but remains in the ownership of the State, accrued when the land was foreshore, the action may be brought at any 35 time before the expiration of sixty years from the date of the accrual of the right of action, or of forty years from the date on which the land ceased to be foreshore, whichever period first expires.

40 [1874 (c. 57) s. 1].
(2) The following provisions shall apply to an action by a person (other than a State authority) to recover land— (a) subject to paragraph (b) of this subsection, no such action shall be brought after the expiration of twelve years from the date on which the right of action accrued 45 to the person bringing it or, if it first accrued to some person through whom he claims, to that person; (b) if the right of action first accrued to a State authority, the action may be brought at any time before the ex­ piration of the period during which the action could 50 have been brought by a State authority, or of twelve years from the date on which the right of action accrued to some person other than a State authority, which­ ever period first expires.
(3) For the purposes of this Act— (a) where a right of action to recover any land accrued to the Crown before the 6th day of December, 1922, the right of action shall be deemed to have accrued to a State authority on the date on which the right of action first accrued to the Crown; 10 55 60 (&) where a right of action to recover any land accrued to Saorstat fiireann before the 29th day of December, 1937, the right of action shall be deemed to have accrued to a State authority on the date on which the right of action first accrued to Saorstat fiireann; (c) where a right of action to recover any land accrued to the State before the operative date, the right of action shall be deemed to have accrued to a State authority on the date on which the right of action first accrued to the State.
5 10 14.

—(1) Where the person bringing an action to recover land, or some person through whom he claims, has been in possession thereof and has when entitled thereto been dispossessed or discon­ tinued his possession, the right of action shall be deemed to have 15 accrued on the date of the dispossession or discontinuance.

(2) Where— (a) any person brings an action to recover any land of a deceased person, whether under a will or on intestacy, and Accrual of right of action (present interests in land).
(i) on dispossession or discontinuance.

[1833 (c. 27) s. 3, first branch] 20 (5) the deceased person— (i) was on the date of his death in possession of the land or, in the case of a .rentcharge created by will or taking effect upon his death, in possession of the land charged, and (ii) on failure to take possession on a death.
05 (ii) was the last person entitled to the land to be in possession thereof, [1833 (c. 27) s. 3, second branch] the right of action shall be deemed to have accrued on the date of his death.
(3) Where— 30 35 (o) any person brings an action to recover land, being an estate or interest in possession assured, otherwise than by will, to him or to some person through whom he claims, by a person who, at the date when the assur­ ance took effect— (i) was in possession of the land, or (ii) was, in the case of a rentcharge created by the assurance, in possession of the land charged, and (5) no person has been in possession of the land by virtue of the assurance, 49 the right of action shall be deemed to have accrued on the date when the assurance took effect.
15.

—(1) Subject as hereinafter in this section provided, the right of action to recover any land shall, in a ease where— 45 (а) the estate or interest claimed was an estate or interest in reversion or remainder or any future estate or interest, and (б) no person has taken possession of the land by virtue of the estate or interest claimed, be deemed to have accrued on the date on which the estate or Z0 interest fell into possession by the determination of the preceding estate or interest.
(iii) on failure to take possession under an assurance.

[1833 (c. 27) s. 3. third branch] Accrual of right of action (future interests in land).

(i) on falling into possession of future interest.
[1833 (c. 27) s. 3, fourth branch ; 1874 (c. 57) s. 2. first branch] 55 (2) (a) If the person entitled to the preceding estate or interest, not being a term of years absolute, was not in possession of the land on the date of the determination thereof, no action shall be brought by the person entitled to the succeeding estate or interest after the expiration of twelve years from the date on which the right of action accrued to the person entitled to the preceding estate (ii) where previous owner out of possession.
[1874 (c. 57) s. 2, second Branch] U or interest, or of six years from the date on which the right of action accrued to the person entitled to the succeeding estate or interest, whichever period last expires.

X&) Where the State is entitled to the succeeding estate or 5 interest, paragraph (a) of this subsection shall have effect with the substitution for the reference to twelve years of a reference to forty years and for the reference to six years of a reference to twelve years.
(3) The foregoing provisions of this section shall not apply to 10 any estate or interest which falls into possession on the determina­ tion of an entailed interest and which might have been barred by the person entitled to the entailed interest.
(4) No person shall bring an action to recover any estate or interest in land under an assurance taking effect after the right of 15 action had accrued to the person by whom the assurance was made or some person through whom he claimed or some person entitled to a preceding estate or interest, unless the person by whom the assurance was made could have brought such an action.
(5) Where— 20 (а) any person is entitled to any estate or interest in land in possession, and (б) such person is, while so entitled, also entitled to any future estate or interest in that land, and (c) his right to recover the estate or interest in possession is barred under this Act, no action shall be brought by that person or by any person claiming through him in respect of the future estate or interest, unless in the meantime possession of the land has been recovered by a person entitled to an intermediate estate or interest.
3c 16.—(1) A right to recover land by virtue of a forfeiture or breach of condition shall be deemed to have accrued on the date on which the forfeiture was incurred or the condition broken.
(2) Where— (а) a right of action to recover land by virtue of a forfeiture 35 or breach of condition has accrued to a person entitled to an estate or interest in reversion or remainder, and (б) the land was not recovered by virtue thereof, the right of action to recover the land shall not be deemed to have accrued to that person until his estate or interest fell into posses- 40 sion, as if no such forfeiture or breach of condition had occurred.
17.—(1) (a) A tenancy at will shall, for the purposes of this Act, be deemed to be determined at the expira­ tion of one year from the commencement thereof, unless it has previously been determined.

(fe) The right of action of a person entitled to land subject to a tenancy at will shall be deemed to have accrued on the date on which the tenancy is determined.

(c) No mortgagor or beneficiary shall, for the purposes 50 of this subsection, be deemed to be a tenant at will to his mortgagee or trustee.
iii) saving of entailed interests.

(iv) alienation while time is running.

[1874 (c. 57) s. 2, third branch] (v) future interest barred where present interest of same person barred.

[1833 (c. 27) s. 20] Accrual of right of action (forfeiture or breach of condition).

[1833 (c. 27) s. 3. fifth branch] [1833 (c. 27) s. 4] Accrual of right of action (certain tenancies).

(i) tenancy at will.

[1833 (c. 27) s. 7] (ii) tenancy, without lease in writing, from year to year >r other period.
[1833 (c. 27) s. 8] (2) (a) A tenancy from year to year or other period, without a lease in writing, shall, for the purposes of this Act, be deemed to be determined at the expiration of the first 5* year or other period.
(h) The right of action of a person entitled to land subject to a tenancy from year to year or other period, without 12 a lease in writing, shall be deemed to have accrued at the date of the determination of the tenancy, unless any rent or other periodic payment has subsequently been received in respect of the tenancy, in which case the right of action shall be deemed to have accrued on the date of the last receipt of rent or other periodic payment.
(3) Where— (а) any person is in possession of land by virtue of a lease in writing by which a yearly rent of not less than twenty shillings is reserved, and (б) the rent is received by some person (in this subsection referred to as the wrongful recipient) wrongfully claim­ ing to be entitled to the land in reversion immediately expectant on the determination of the lease, and (c) no rent is subsequently received by the person rightfully so entitled, (iii) wrongful receipt of rent under a lease in writing.
[1833 (c. 27) s. 9] fj 10 15 the right of action of the last-named person to recover the land shall be deemed to have accrued at the date when the rent was 20 first received by the wrongful recipient and not at the date of the determination of the lease.
(4) Subsection (1) of this section shall not apply to a tenancy at will granted by a State authority, and subsection (3) of this section shall not apply to a lease granted by a State authority or a 25 lease the lessor’s interest under which is vested in a State authority.
18.—(1) No right of action to recover land shall be deemed to R,8ht of action accrue unless the land is in the possession (in this section referred ^°legg ^^Ts to as adverse possession) of some person in whose favour the period adverse possession 30 of limitation can run.
(2) Where— (a) under the foregoing provisions of this Act a right of action to recover land is deemed to accrue on a certain date, and 35 (6) no person is in adverse possession of the land on that date, the right of action shall not be deemed to accrue unless and until adverse possession is taken of the land.
(3) Where a right of action to recover land has accrued and thereafter, before the right is barred, the land ceases to be in 40 adverse possession, the right of action shall no longer be deemed to have accrued and no fresh right of action shall be deemed to accrue unless and until the land is again taken into adverse possession.
45 50 55 60 (4) For the purposes of this section— (a) possession of any land subject to a rentcharge by a person (other than the person entitled to the rentcharge) who does not pay the rent shall be deemed to be adverse possession of the rentcharge, and (b) receipt of rent under a lease by a person wrongfully claiming, in accordance with subsection (3) of section 17 of this Act, the land in reversion shall be deemed to be adverse possession of the land.
19__ Where— (a) a person entitled in remainder under a settlement to an estate tail in any land has made an assurance thereof which fails to bar the issue in tail or the estates taking effect on the determination of the estate tail or fails to bar the said estates only, and (b) any person (other than some person entitled to possession by virtue of the settlement) is in possession of the land for a period of twelve years from the commencement of the time at which the assurance, if it had then been 13 Cure of defective disentailing assurance.
[1874 (c. 57) s. 6 extended to all defective assurances!

No right of action to be preserved by formal entry or continual claim.

[1833 (c. 27) ss.

10.

11] Possession of one co-parcener, etc., not to be possession of others.

[1833 (c. 27) s. 12] Possession of younger brother, etc., not to be possession of heir.

[1833 (c. 27) s. 13] Administration to date back to death.

[1833 (c. 27) s. 6] Extinction of title to land after expiration of period limited for actions to recover land.
[1833 (c. 27) s.34] Equitable estates in land, and land held on trust.

[1833 (c. 27) s. 24] [1833 (c. 27) s. 25, as applicable to actions to recover land] [New] executed by the person entitled to the estate tail, would have operated, without the consent of any other person, to bar the issue in tail and the said estates, then, at the expiration of that period, the assurance shall operate, and be deemed always to have operated, to bar the issue in tail 5 and the said estates.

20.
20.

—For the purposes of this Act— (а) no person shall be deemed to have been in possession of any land by reason only of having made a formal entry thereon, 10 (б) no continual or other claim upon or near any land shall preserve any right of action to recover the land.

21.
—Where any one or more of several persons entitled to any land as co-parceners, joint tenants or tenants in common have been in possession of the entirety or more than his or their undivided 15 share or shares of such land for his or their own benefit or for the benefit of any person or persons other than the person or persons entitled to the other share or shares of such land, then, for the purposes of this Act, such possession shall not be deemed to have been the possession of such last-mentioned person or persons or 20 any of them.
22.

—Where a younger brother or other relation of the person entitled as heir to any land enters into possession thereof, then, for the purposes of this Act, such possession shall not be deemed to be the possession of the person entitled as heir.

25 23.
25 23.

—For the purposes of the provisions of this Act relating to actions for the recovery of land, an administrator of the estate of a deceased person shall be deemed to claim as if there had been no interval of time between the date of the death of the deceased person and the grant of letters of administration.

3Q 24.
3Q 24.

—Subject to section 25 of this Act and to section 52 of the Registration of Title Act, 1891, at the expiration of the period fixed by this Act for any person to bring an action to recover land, the title of that person to the land shall be extinguished.

25.
—(1) Subject to section 37 of this Act, the provisions of 35 this Act shall apply to equitable estates in land, including interests in the proceeds of the sale of land held upon trust for sale, in like manner as they apply to legal estates in land, and accordingly a right of action to recover the land shall, for the purposes of this Act but not otherwise, be deemed to accrue to a person entitled in 40 possession to an equitable estate in land in the like manner and like circumstances and on the same date as it would accrue if his estate were a legal estate in the land.
(2) Where any land is vested in a trustee upon any express trust, the right of the beneficiary or any person claiming through him to bring an action against the trustee or any person claiming through him to recover the land shall be deemed, for the purposes of this Act, to have first accrued at and not before the time at which the land has been conveyed to a purchaser for valuable con­ sideration, and shall then be deemed to have accrued only as against 50 such purchaser and any person claiming through him.
(3) Where any land is held upon trust, including a trust for sale, and the period fixed by this Act has expired for the bringing of an action to recover the land by the trustees, the estate of the trustees shall not be extinguished if and so long as the right of 55 action to recover the land of any person entitled to a beneficial interest in the land or in the proceeds of sale either has not accrued or has not been barred by this Act, but if and when every such right of action has been so barred, the estate of the trustees shall be extinguished.
gq (4) Where any land is held upon a trust, including a trust for sale, an action to recover the land may be brought by the trustees 14 on behalf of any person entitled to a beneficial interest in possession in the land or in the proceeds of sale whose right of action has not been barred by this Act, notwithstanding that the right of action of the trustees would apart from this provision have been barred [New] 5 by this Act.
(5) When any settled land, within the meaning of the Settled Land Act, 1882, or any land held on trust for sale is in the possession of a person entitled to a beneficial interest in the land or in the proceeds of sale, not being a person solely and absolutely 10 entitled thereto, no right of action to recover the land shall be deemed for the purposes of this Act to accrue during such possession to any person in whom the land is vested as trustee or to any other person entitled to a beneficial interest in the land or the proceeds of sale.
[New] 15 20 Actions to recover airears of rentcharges, conventional rents and dower.

26.—(1) (a) No action shall be brought or distress made to recover arrears of a rentcharge or damages in respect thereof after the expiration of six years from the date on which the arrears became due.

Limitation of actions to recover arrears of a rentcharge.

(6) In paragraph (a) of this subsection the word “ action ” does not include proceedings under section 37 of the Land Act, 1927 (No.

19 of 1927).
19 of 1927).

[1833 (c. 27) s. 42 and 1874 (c. 57) s. 10; as applicable to arrears of a rentcharge — 6 years] [1833 (c. 27) s. 25. as applicable to action® to recover arrears of a rentcharge!

[As to interpretation of 88.

25 and 42 of 1833 (c. 27) and s. 10 of 1874 (c. 57) see In re Jordison (1922) 1 Ch.

440] Limitation of actions to recovor arrears of a conventional rent.
[Rent reserved by an indenture of lease :—1853 (c. 113) s. 20— 20 years: other rent:—1833 (c. 27) s. 42, first part of first branch relating to rent —6 years] [Reverses rule (laid down in Donegan v. Neill (1885) 16 L.R.

Ir.

309) that in an action on an indenture of demise 20 years arrears are recoverable] Warrants under section 28 of the Land Act, 1933.
(2) Where any land is vested in a trustee upon any express trust to secure payment of a rentcharge to one person and subject thereto for another person, the right of the beneficiary or any person claiming through him to bring an action against the trustee or any person claiming through him to recover arrears of the rent- charge or damages in respect of such arrears shall be deemed to have first accrued at and not before the time at which the land is conveyed to a purchaser for valuable consideration, and shall then 30 be deemed to have accrued only as against such purchaser and any person claiming through him.
27.—No action shall be brought or distress made to recover arrears of a conventional rent or damages in respect thereof after the expiration of six years from the date on which the arrears became due.

28.—The Irish Land Commission shall not issue a warrant under section 28 of the Land Act, 1933 (No.
38 of 1933), in respect of any moneys which became due and payable to them more than six years before the date of the warrant, which warrant shall remain in force for a period of six years from the date thereof and no 40 longer and shall not cease to be in force by reason of the fact that the person named therein as defaulter has died or otherwise ceased to be in occupation of the lands described therein during the said period.

15 Limitation of fictions to recover arrears of dower.
[1833 (c. 27) s. 41 —6 years] 29.—No action shall be brought or distress made to recover arrears of dower or damages in respect thereof after the expiration of six years from the date on which the arrears became due.

Actions in respect of mortgages.

Foreclosure action by mortgagee of land deemed to be an action to recover the land.
30.—An action by a mortgagee of land claiming foreclosure 5 shall for the purposes of this Act be deemed to be an action to recover the land and not an action to recover money secured by the mortgage.

Limitation of redemption actions (land).


[1874 (c. 57) s. 7, first part of first branch] [1833 (c. 27)s. 34] 31.—(1) Where a mortgagee of land has been in possession of any of the mortgaged land for a period of twelve years, no action iq to redeem the land of which the mortgagee has been so in posses­ sion shall thereafter be brought by the mortgagor or any person claiming through him.
(2) Subject to section 52 of the Registration of Title Act, 1891, at the expiration of the period fixed by subsection (1) of this section 15 for any person to bring an action to redeem land, the title of that person to the land shall be extinguished.

Limitation of actions to recover principal money secured by a charge on land or personal property.

[Land —1874 (c. 57) ss.


8 and 10, as applicable to money charged on land : personal property — new] 32.—(1) (a) No action shall be brought to recover any principal sum of money secured by a mortgage or charge on land or personal property (other than a ship) after 20 the expiration of twelve years from the date when the right to receive the money accrued.
(6) In its application to— (i) a mortgage, interest on which is payable into the Church Temporalities Fund, or 25 (ii) a charge on land under the Housing (Gaeltacht) Acts, 1929 and 1934, paragraph (a) of this subsection shall have effect as if for the words “ twelve years ” there were sub­ stituted “ forty years ”.

30 [1833 (c. 27) s. 25, as applicable to actions to recover a principal sum of money] [As to interpretation of ss.
25 and 40 (now replaced by s. 8 of 1874 (c. 57)) of 1833 (c. 27) and s. 10 of 1874 (c. 57) see In re Jordison v1922) 1 Ch.
440] (2) Where any land is vested in a trustee upon any express trust to raise and pay a principal sum of money to one person and subject thereto for another person, the right of the beneficiary or any person claiming through him to bring an action against the trustee or any person claiming through him to recover the prin­ cipal sum shall be deemed to have first accrued at and not before the time at which the land is conveyed to a purchaser for valuable consideration, and shall then be deemed to have accrued only as against such purchaser and any person claiming through him.
35 (3) The right to receive any sum of money secured by a mortgage 40 or other charge shall, for the purposes of this section, be deemed not to accrue so long as the property subject to the mortgage or charge comprises any future interest or any life insurance policy which has not matured or been determined.

Limitation of actions to recover arrears of interest on a mortgage or charge.
[Land-1833 (c. 27) s. 42 and 1874 (c. 57) s. 10, as applicable to interest : personal property—new] [1833 (c. 27) s. 25, as applicable to actions to recover arrears of interest] 33.—(1) No action shall be brought to recover arrears of interest 45 payable in respect of any principal sum of money secured by a mortgage or charge on land or personal property (other than a ship) or to recover damages in respect of such arrears after the expiration of six years from the date on which the interest became due.
50 (2) Where any land is vested in a trustee upon trust to raise and pay a principal sum of money to one person and subject thereto for another person, the right of the beneficiary' or any person claiming through him to bring an action to recover any arrears of interest in respect of the principal sum or damages in respect of 55 16 such arrears shall be deemed to have first accrued at and not before the time at which the land is conveyed to a purchaser for valuable consideration and shall then be deemed to have accrued only as against such purchaser and any person claiming through 5 him.
(3) Where— (o) a prior mortgagee or other incumbrancer has been in possession of the property charged, and (6) an action is brought within one year of the discontinuance 10 of such possession by the subsequent incumbrancer, he may recover by that action all the arrears of interest which fell due during the period of possession by the prior incumbrancer or damages in respect thereof, notwithstanding that the period exceeded six years.

[As to interpretation of ss.


25 and 42 of 1833 (c. 27) and s. 10 of 1874 (c. 67) see In re Jordieon (1922) 1 Ch.
440* [1833 (c. 27) s. 42. proviso (interest on money charged on land) : personal property—new] 15 (4) Where— [Now] (а) the property subject to a mortgage or charge comprises any future interest or life insurance policy, and (б) it is a term of the mortgage or charge that arrears of interest shall be treated as part of the principal sum secured by the mortgage or charge, 20 interest shall not be deemed to become due before the right to receive the principal sum of money has accrued or is deemed to have accrued.
34.—The sum in respect of interest due on foot of a chattel 25 mortgage (within the meaning of the Agricultural Credit Act, 1947 .

(No.

14 of 1947)) which may be certified in an order under section 26 of that Act shall not include any interest which accrued due more than six years before the date of the order.

» r Restriction on recovery under section 26 of the Agricultural Credit Act, 1947, of interest on cliattel mortgages.
30 Actions in respect of trust property or the personal estate of deceased persons.

35.—(1) (a) Subject to section 37 of this Act, an action to recover money or other property, or in respect of any breach of trust, not being an action for which a period of limitation is fixed by any other provision of this Act, shall not be brought against a trustee or any person claiming through him after the ex­ piration of six years from the date on which the right of action accrued.
Limitation of actions against trustees.

[1888 (c. 59) s. 8 (1)1 (6) For the purposes of paragraph (a) of this sub­ section, a right of action shall be deemed not to have accrued to a beneficiary entitled to a future interest in trust property until the interest falls into possession.
35 40 (2) No beneficiary, as against whom there wrould be a good de- 45 fence by virtue of this section, shall derive any greater or other benefit from a judgment or order obtained by another beneficiary than he could have obtained if he brought the action and this Act had been pleaded in defence.
[1888 (c. 09) s. 8 (2)] (3) This section shall not deprive any executor or administrator 50 of any right of defence to which he is entitled under any other provision of this Act or under any other limitation enactment.

[1888 (c. 59) s. 8 (3)] 17 Limitation of actions to recover personal estate of deceased persons.

[Legacy :—1874 (c. 57) s. 8 (pt.

)— 12 years ; share of intestate's estate:—1860 (c. 38) s. 13 (pt.

)— 20 years] no Jse*ieJni)oaivo no hegTi j->v .

[1833 (c. 27) s. 42 (pt.


)—-6 years] Exclusion of actions against trustees in cases of fraud or retention of trust property.

[1888 (c. 59) s. 8 (1) introduction — exceptions] 36.—(1) Subject to section 37 of this Act, no action in respect of any claim to the personal estate of a deceased person or to any share or interest in such estate, whether under a will or on intestacy, shall be brought after the expiration of twelve years from the date when the right to receive the share or interest 5 accrued.
(2) Subject to section 37 of this Act, no action to recover arrears of interest in respect of any legacy or damages in respect of such arrears shall be brought after the expiration of six years from the date on which the interest became due.
10 37.—No period of limitation fixed by this Act shall apply to an action against a trustee or any person claiming through him where— (a) the claim is founded on any fraud or fraudulent breach of trust to which the trustee was party or privy, or 15 (b) the claim is to recover trust property or the proceeds thereof still retained by the trustee or previously re­ ceived by the trustee and converted to his own use.

PART III.
PART III.

Extension of Limitation Periods in Case of Disability, 20 Acknowledgement, Part Payment, Fraud and Mistake.

Chapter 1.

Interpretation.

Interpretation (Part III).
38.—In this Part of this Act— (a) “ successor ” means— 25 (i) in relation to a mortgagee—his personal representa­ tives and any other person on whom the rights under the mortgage devolve, whether on death or bankruptcy or the disposition of the property or the determination of a limited estate or interest in 30 settled property or otherwise, (ii) in relation to a person liable in respect of a liquidated pecuniary claim—his personal repre­ sentatives and any other person on whom the liability in respect of the claim devolves, whether on 35 death or bankruptcy or the disposition of the pro­ perty or the determination of a limited estate or interest in settled property or otherwise; (b) references to a right of action shall include references to— (i) a cause of action, (ii) a right to receive money secured by a mortgage or charge on any property or to recover proceeds of the sale of land, ^q (iii) a right to receive a share or interest in the personal estate of a deceased person; 45 (c) references to the date of the accrual of a right of action shall— (i) in the case of an action for an account—be con­ strued as references to the date on which the matter arose in respect of which an account is 50 claimed, 18 (ii) in the case of an action upon a judgment—be con­ strued as references to the date on which the judgment became enforceable, (iii) in the case of an action upon a judgment mortgage —be construed as references to the date on which [See Johnson v. the judgment became enforceable and not to the ^tT^1^900) 1 date on which it was registered as a mortgage, (iv) in the case of an action to recover arrears of rent, dower or interest or damages in respect thereof— be construed as references to the date on which the rent, dower or interest became due; (d) references to a person in possession of land— (i) shall, in the case of a rentcharge, be construed as including references to a person who is in possession of the land charged, but does not pay the rent, and (ii) shall, in the case of land (including a rentcharge)
 held under a lease in writing reserving a yearly conventional rent of not less than twenty shillings, be construed as including references to a person who, wrongfully claiming to be entitled to the land in reversion immediately expectant on the deter­ mination of the lease, is in receipt of the conven­ tional rent.
5 10 25 20 25 30 Chapter II.

Disability.

39.—(1) For the purposes of this Act, a person shall be under Person under a a disability while— (fl) he is an infant, or disability.

[As to infancy and (6) he is of unsound mind, or mind—1840 (c. (c) he is a convict subject to the operation of the Forfeiture (c5]^^3 22853 Act, 1870, in whose case no administrator or curator 1874 (c. 57) s’3] has been appointed under that Act.
(2) For the purposes of subsection (i) of this section but with- [New] out prejudice to the generality thereof, a person shall be con- 35 clusively presumed to be of unsound mind while he is detained in pursuance of any enactment authorising the detention of per­ sons of unsound mind or criminal lunatics.
40 45 50 ^5 40.—(1) (o) If, on the date when any right of action accrued for Extension of which a period of limitation is fixed by this Act, |,m,tatlon Perio<1 the person to whom it accrued was under a dis- disability.
ability, the action may, subject to the subsequent [Actions to recover provisions of this section, be brought at any time land-^1874 (c. 57) before the expiration of six years from the date 8- 3 : ««t»ons when the person ceased to be under a disability fou”dedon or died, whichever event first occurred, notwith- or upon a specialty standing that the period of limitation has —1840 (c. 105) expired.

.

/ contract or tort \ .


“•33 * 1853 (®*1*3) s. 22 : other aotions—new] (b) Paragraph (o) of this subsection shall not affect any case where the right of action first accrued to some person (not under a disability) through whom the person under a disability claims. )
(c) When a right of action which has accrued to a [Actlon8 to recover ^ther^ ^ person under a disability accrues, on the death of that person while still under a disability, to actions—new] another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person.

19 [Actions to recover land—1874 (c. 57) 8.


5 : actions to recover money charged on land—new] [NewJ (d) No action to recover land or money charged on land shall be brought by virtue of paragraph (a) of this subsection by any person after the expiration of thirty years from the date on which the right of action accrued to that person or some person 5 through whom he claims.
(c) This section shall not apply to an action to recover a penalty or forfeiture, or a sum by way thereof, by virtue of any enactment, except where the action is brought by an aggrieved person.
10 (2) (a) In the case of actions for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff 15 for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person— (i) subsection (1) of this section shall have effect as if for the words “ six years ” there were substituted 20 the words “ three years ”, and (ii) this section shall not apply unless the plaintiff proves that the person under the disability was not, at the time when the right of action accrued to him, in the custody of a parent.
25 (6) In the case of actions for damages for slander— (i) subsection (1) of this section shall have effect as if for the words “six years ” there were substituted the words “ two years ”, and (ii) this section shall not apply unless the plaintiff proves 30 that the person under the disability was not, at the time when the right of action accrued to him, in the custody of a parent.
(c) For the purposes of paragraphs (a) and (b) of this sub­ section, “ parent ”, in relation to a person under a 35 disability, means his father, mother, grandfather, grand­ mother, stepfather or stepmother, notwithstanding that the relationship is illegitimate or in consequence of adoption under the Adoption Act, 1952 (No.

25 of 1952).

Chapter III.

Acknowledgment.

40 Meaning of “ acknowledg­ ment 41.


—In this Chapter, “ acknowledgment ” means an acknowledg­ ment, under section 42, 43, 44, 45 or 46 of this Act, made in accord­ ance with section 47 of this Act.

Fresh accrual of action on acknowledgment (action, other than foreclosure action, to recover land).

[1833 (o.

27) a.

14] fNew,’ 42.


—(1) Where— 45 (а) there has accrued any right of action (other than a fore­ closure action) to recover land, and (б) the person in possession of the land acknowledges the title of the person to whom the right of action has accrued, the right shall be deemed to have accrued on and not before the 50 date of the acknowledgment.
(2) Subsection (1) of this section shall apply to a right of action accrued to a person entitled to an estate or interest taking effect on the determination of an estate tail against whom time is running under section 19 of this Act, and on the making of the acknowledg- 55 ment that section shall cease to apply to the land.
43.—Where— (a) the right of a mortgagee of land to bring a foreclosure action has accrued, and (b) the person in possession of the land acknowledges the title of the person to whom the right of action has accrued, the right shall be deemed to have accrued on and not before the date of the acknowledgment.
44.—Where— (а) a mortgagee is by virtue of the mortgage in possession of 10 any mortgaged land, and (б) the mortgagee acknowledges the title of the mortgagor or his equity of redemption, an action to redeem the land in the mortgagee’s possession may be brought at any time before the expiration of twelve years from 15 the date of the acknowledgment.
45.—Where— (а) any right of action has accrued to recover any debt or other liquidated pecuniary claim, and (б) the person liable therefor acknowledges the claim, 20 the right shall be deemed to have accrued on and not before the date of the acknowledgment.
46.—Where— (a) any right of action has accrued to recover any claim to the personal estate of a deceased person or to any share or interest therein, and 25 (b) the person accountable therefor acknowledges the claim, the right shall be deemed to have accrued on and not before the date of the acknowledgment.

Fresh accrual of action on acknowledgment (mortgagee's foreclosure action in respect of land).

[1833 (c. 27)s. 14 ; 1837 (c. 28) s. 1. .


as amended by 1874 (c. 57) s. 9] Effect of acknowledgment on right of action to redeem mortgaged land in mortgagee’s possession.

[1874 (c. 67) s. 7, first branch] Fresh accrual of action on acknowledgmen t (action to recover debt or other liquidated pecuniary claim).
[1833 (c. 27)s. 42 ; 1840 (c. 105)8.34; 1853 (c. 113)88.23, 24 ; 1874 (c. 57) s. 8] [Reverses, as regards simple contract debts, rule that acknowledgment is ineffective to make claim enforceable unless there is an express or implied promise to pay] Fresh accrual of action on acknowledgment (action claiming personal estate of deceased person).

[1860 (c. 38)s. 13 (pt.

); 1874 (c. 57) s. 8 (pt.)

] 47.—(1) Every acknowledgment shall be in writing and signed Formal by the person making the acknowledgment.
30 (2) An acknowledgment— provisions as to acknowledgment.

[See enactments in square brackets (a) may be made by the agent of the person specified in that opposite the behalf in section 42, 43, 44, 45 or 46 (whichever is sectlon8^ applicable) of this Act, and 35 (b) shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged.
48.—(1) An acknowledgment of title to any land or mortgaged Effect of personal property by any person in possession thereof shall bind acknowledgment all other persons in possession during the ensuing period of t^ajTtho^naker^r 40 limitation.

2) recipient.'
[1874 (c. 57) s. 7, third and fourth branches] (2) Where— (a) two or more mortgagees of land are by virtue of the mortgage in possession of the land, and (5) one only of the mortgagees (in this subsection referred to as the acknowledgor) gives an acknowledgment of the 5 mortgagor’s title or of his equity of redemption, the following provisions shall have effect— (i) the acknowledgment shall only bind the acknow­ ledgor and his successors and shall not bind any other mortgagee or his successors; jq (ii) if the acknowledgor is entitled to a part of the ' mortgaged land and not to any ascertained part of the mortgage debt, the mortgagor shall be entitled to redeem that part of the land on pay­ ment, with interest, of the part of the mortgage 15 debt which bears the same proportion to the whole of the debt as the value of that part of the land bears to the whole of the mortgaged land.
[Land—1874 (c. 57) 8.

7, second branch : other property— uew] (3) Where there are two or more mortgagors, and the title or right to redemption of one of the mortgagors is acknowledged 20 under subsection (1) or (2) of this section, the acknowledgment shall be deemed to have been made to all the mortgagors.

(4) (o) An acknowledgment of a debt or other liquidated pecuniary claim shall bind the acknowledgor and his successors but not any other person.
25 (6) An acknowledgment made after the expiration of the period of limitation fixed by this Act to recover a debt or other liquidated pecuniary claim shall not bind any successor of the acknowledgor on whom the liability devolves on the determination of a preceding estate 30 or interest in property under a settlement taking effect before the date of the acknowledgment.
(5) An acknowledgment by one of several personal representa­ tives of any claim to the personal estate of a deceased person or to any share or interest therein shall bind the estate of the deceased 35 person.

49.—No acknowledgment shall be deemed to be an agreement within the meaning of the Stamp Act, 1891.

[1828 (c. 14) 8.

1, second branch ; 1853 (c. 113)8.

24, second branch] (New.]

Exemption of acknowledgment from stamp duty.

[1828 (c. 14) s. 8 ; 1853 (c. 113)8.

27] Chapter IV.

Part payment.


40 Meaning of “ payment 50.

—In this Chapter, “ payment ” means a payment made, under section 51, 52, 53 or 54 of this Act, in accordance with section 55 of this Act.

Fresh accrual of action on payment (mortgagee’s foreclosure action in respect of land).

[1837 (c. 28) s. 1, as amended by 1874 (c. 57) s. 9] 51.
—Where— (o) the right of a mortgagee of any land to bring a fore- 45 closure action has accrued, and (b) the person in possession of the land or the person liable for the mortgage debt makes any payment in respect thereof whether of principal or interest, the right shall be deemed to have accrued on and not before the 50 date of payment.
22 52.—Where— (a) a mortgagee is by virtue of the mortgage in possession of any mortgaged land, and (b) the mortgagor pays to the mortgagee any sum in respect of the principal or interest of the mortgage debt, 5 an action to redeem the land in the mortgagee’s possession may be brought at any time before the expiration of twelve years from the date of the payment.

Effect of payment on right of action to redeem mortgaged land in mortgagee’s possession.
[New] 01 53.—(1) Where— •_ ■ •• 10 (a) any right of action has accrued to recover any debt or other liquidated pecuniary claim, and (6) the person liable therefor makes any payment in respect thereof, the right shall be deemed to have accrued on and not before the 15 date of payment.

(2) Payment of a part of rent due at any time shall not extend the period for claiming the remainder then due.
(3) Payment of part of interest due at any time shall not extend the period for claiming the remainder then due, but any such 20 payment shall be treated as a payment in respect of the principal Fresh accrual of action on payment (action to recover debt or other liquidated pecuniary claim).

[1853 (c. 113) s. 23] [Reverses, as regards simple contract debts, rule that part payment is not effective to make claim enforceable unless there is an express or implied promise to pay] debt.
54.—Where— Fresh accrual of action on (а) any right of action has accrued to recover any claim to the payment (action 25 personal estate of a deceased person or to any share or claiming personal estate ot deceased interest therein, and person).

[1860 (c. 38) s. 13 (pt.)

; 1874 (c. 57) s. 8 (pt.)

] (б) the person accountable therefor makes any payment in respect thereof, the right shall be deemed to have accrued on and not before the date of the last payment.
30 55.—A payment- (а) may be made by the agent of the person specified in that behalf in section 51, 52, 53 or 54 (whichever is applicable) of this Act; 35 (б) shall be made to the person or to the agent of the person in respect of whose claim the payment is being made.

Formal provision as to payment.


[See enactments in square brackets opposite the sections] 56.—(1) A payment in respect of a mortgage debt by the Effect of mortgagor or any person in possession of the mortgaged property pajment shall, so far as any right of the mortgagee to foreclose or other- a^make/.1 wise recover the property is concerned, bind all persons in pos- 40 session of the mortgaged property during the ensuing period of limitation.
45 50 (2) (a) A payment made in respect of any debt or other [New] liquidated pecuniary claim shall, subject to paragraph (6) of this subsection, bind all persons liable in respect thereof.
(6) A payment made after the expiration of the period of limitation fixed for the bringing of an action to recover a debt or other liquidated pecuniary claim shall not bind— (i) any person other than the person making the pay­ ment and his successors, or 23 Endorsement of payment by creditor not to be evidence of payment.

[1828 (c. 14) s. 3 ; 1863 (c. 113) s. 25] Postponement of limitation period in case of fraud.
[Concealed fraud (land)—1833 (c. 27) s. 26 : fraud aimpliciter and concealed fraud in other cases—new] (ii) any successor on whom the liability devolves on the determination of a preceding estate or interest in property under a settlement taking effect before the date of payment.

(3) A payment by one of several personal representatives in 5 respect of any claim to the personal estate of a deceased person shall bind the estate of the deceased person.

57.
57.

—No endorsement or memorandum of any payment written upon any bill of exchange or promissory note by or on behalf of the party to whom such payment is made shall be deemed to be 10 evidence of such payment for the purposes of this Chapter.

Chapter V. Fraud and mistake.

58.


—(1) Where, in the case of an action for which a period of limitation is fixed by this Act, either— 15 (a) the action is based on the fraud of the defendant or his agent or of any person through whom he claims or his ' agent, or (b) the right of action is concealed by the fraud of any such person, j 20 the period of limitation shall not begin to run until the plaintiff has discovered the fraud or could with reasonable diligence have discovered it.
(2) Nothing in subsection (1) of this section shall enable an action to be brought to recover, or enforce any charge against, or 25 set aside any transaction affecting any property which has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know or have reason to believe that any fraud had been committed.

Postponement of limitation period in case of mistake, 59.
—(1) Where, in the case of any action for which a period of 30 limitation is fixed by this Act, the action is for relief from the consequences of mistake, the period of limitation shall not run until the plaintiff has discovered the mistake or could with reasonable diligence have discovered it.
(2) Nothing in subsection (1) of this section shall enable any 35 action to be brought to recover, or enforce any charge against, or set aside any transaction affecting any property which has been purchased for valuable consideration, subsequently to the trans­ action in which the mistake was made, by a person who did not know or have reason to believe that the mistake was made.

40 PART IV.

Application of this Act and other Limitation Enactments to Arbitrations.

Interpretation (Port IV).


Commencement of arbitration.

60.

—In this Part of this Act— " arbitration ”, “ arbitration agreement ” and “ award ” have the 45 same meanings as in the Arbitration Act, 1954 (No.

26 of 1954); “ the Court ” means the High Court.

61.
61.

—(1) For the purposes of this Act and of any other limita­ tion enactment, an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other party or parties a written notice requiring him or them to appoint or concur in appointing an arbitrator or, where the arbitration agreement provides that the reference shall be to a person named 24 or designated in the agreement, requiring him or them to submit the dispute to the person so named or designated.
(2) (a) A notice under subsection (2) of this section may be f 1954 (No.

26) a.
26) a.

3, so far as it relates to the statutes of served__ (i) by delivering it to the person to whom it is to be limitation as • 5 served, applying to arbitrations] (ii) by leaving it at the place in the State at which that person ordinarily resides or carries on business, (iii) by sending it by registered post in an envelope addressed to that person at the place in the State at which he ordinarily resides or carries on business, (iv) in any other manner provided in the arbitration agreement.
15 2Q (b) For the purposes of this subsection, a company registered under the’ Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office in the State and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business in the State.

to arbitrations as they apply to actions in the Court.
62.—This Act and any other limitation enactment shall apply Application of Act and other limitation enactments to arbitrations.

[1954 (No.

26) s. 42] 63.
—Notwithstanding any term in an arbitration agreement to Accrual of cause of 25 the effect that no cause of action shall accrue in respect of any acUcm where matter required by the agreement to be referred until an award is agree!1n.e"t maK68 made under the agreement, the cause of action shall, for the pur- acomiition poses of this Act and of any other limitation enactment (whether in precedent to their application to arbitrations or to other proceedings), be deemed commencement of 30 to have accrued in respect of any such matter at the time when it act,on- would have accrued but for that term in the agreement.
[1954 (No.

26) s. 43] 64.
—Where the Court orders that an award be set aside or orders, Power of Court to after the commencement of an arbitration, that the arbitration extend tune where 'r * shall cease to have effect with respect to the dispute referred, 35 the Court may further order that the period between the commence- arbitration to ment of the arbitration and the date of the order of the Court shall cease to have be excluded in computing the time fixed by this Act or any other effect- limitation enactment for the commencement of proceedings [1954 (No.
26) (including arbitration) with respect to the dispute referred.
8- 441 40 65 .—This Part of this Act shall apply to an arbitration under Application of an Act as well as an arbitration pursuant to an arbitration Part Iv to agreement, and section 61 of this Act shall have effect, in relation to an arbitration under an Act, as if, for the references to the arbitration agreement, there were substituted references to such of 45 the provisions of the Act or of any order, scheme, rules, regulations uuder ™°* 26 ^ or bye-laws made thereunder as relate to the arbitration.
66.—This Act shall not apply to— Saving for other (o) any arbitration for which a period of limitation is fixed enactment* relating to limitation of (b) any arbitration to which a State authority is a party and arbitrations, by anv other enactment, or 7 5Q for which, if that State authority were a private indivi­ dual, a period of limitation would be fixed by any other enactment.

Arbitrations pending on the operative date.


67.—Nothing in this Act shall affect an arbitration commenced before the operative date or the title to any property which is the subject of any such arbitration.

Section 9.

SCHEDULE.

Enactments Repealed.

Part I.

Act of the Parliament of Ireland.

Session and Chapter.

(1) 6 Ann., c 10.

(Ir.).

Title.

(2) An Act for the amendment of the law and the better advance- ment of justice.

(1707).

Extent of Repeal.

(3) Section 17 so far as unrepealed.

Part II.


Acts of the Pairliament of the late United Kingdom of Great Britain and Ireland.

Session and Chapter.

(1) Short Title or (if none) Title.

(2) Extent of Repeal.

(3) 48 Geo.

3. c. 47.

The Crown Claims Limitation The whole Act.

(Ireland) Act, 1808.

9 Geo.

4. c. 14.

The Statute of Frauds Amend­ ment Act, 1828.

Sections 1, 3, 4, so far as unrepealed, and 8.

3 & 4 Will.

4. c. 27.

The Real Property Limitation The whole Act, so far Act, 1833.

7 Will.
7 Will.

4 & 1 Vic.

c. 28.

The Real Property Limitation Act, 1837.

3 A 4 Vic.

c. 105.

The Debtors (Ireland) Act, 1840. as unrepealed.

The whole Act.

Sections 32 to 36, so far as unrepealed.

5 & 6 Vic.

c. 97.

The Limitation of Actions and Section 5.

Costs Act, 1842.

6 & 7 Vic.

c. 54.

The Limitation of Actions Act, 1843.

7 & 8 Vic.

c. 27.
7 & 8 Vic.

c. 27.

An Act the title of which begins with the words—“An Act to explain and amend an Act of the last Session of Parliament intituled an Act for extending to Ireland ”—and ends with the words—“ and to explain and amend the said Act”.

(1844).

The whole Act, so far as unrepealed.

The whole Act, so far as unrepealed.

16 & 17 Vic.

c. 113.

The Common Law Procedure Amendment Act (Ireland), 1853.

Sections 20 to 27.

’9 & 20 Vic.

c. 97.

The Mercantile Law Amendment Sections 9 to 14.


Act, 1856.

23 & 24 Vic.

c. 38.

The Law of Property Amendment Section 13.

Act, 1860.

37 & 38 Vic.

c. 57.

The Real Property Limitation The whole Act.

Act, 1874.

39 & 40 Vic.

c. 37.

The Nullum Tempus (Ireland) The whole Act.

Act, 1876.

40 & 41 Vic.

c. 57.

The Supreme Court of Judicature Act (Ireland), 1877.

47 & 48 Vic.

c. 71.

The Intestates Estates Act, 1884.

51 *52 Vic.

c. 69.

The Trustee Act, 1888.

Subsection (2) of section 28.


In section 3, the words “ within the same time and The whole Act, so far as unrepealed.

6 Edw.

7. c. 28.

The Crown Lands Act, 1906.

Section 9.

26 Part III, Acts of the Oireachtas of Saorstdt tiireann.

Number and Year.

(1) Short Title.

(2) Extent of Repeal.

(3) No.

27 of 1924.

The Finance Act, 1924.

No.

36 of 1933.

The Moneylenders Act, 1933.

Subsection (2) of section 38, to the extent to which it is inconsistent with this Act.
In paragraph (c) of subsection (1) of section 19, the word “and” at the end of the paragraph ; paragraph (i) of subsection (1) of section 19.

Part IV.

Acts of the Oireachtas.

Number and Year.

(1) Short Title.

(2) Extent of Repeal.

(3) No.

26 of 1939.

The Land Act, 1939.

No.

18 of 1954.

The Defence Act, 1954.

No.

26 of 1954.

The Arbitration Act, 1954.

Section 6, to the extent to which it is inconsistent with this Act.

Section 311, to the extent to which it is inconsistent with this Act.
In subsection (1) of section 2, the definition of the ex­ pression “the statutes of limitation ” ; in subsection (1) of section 3, the word?

“and forth; purpose of the statutes of limitation as applying to arbitrations ” ; sections 42 to 44.

27 AN BILLE UM REACHT NA dTREIMHSI, 1954.

STATUTE OF LIMITATIONS BILL, 1954.

BILLE (mar a tugadh isteach) dd ngainn tear BILL (as introduced) entitled Acht do chomhdhluthu, le leasuithe, achtachan airithe a bhaineas le treimhsi do chaingin agus d’eadrana.
An Act to consolidate with amendments certain enactments relating to the limitation of actions and arbitrations.

An tAire Dli agus Cirt a thug isteach.

Introduced by the Minister for Justice.

Do hordaiodh ng Dail fiireann a chlo- bhualadh, 15 Nollaig, 1954.

Ordered by Dail fiireann to be printed, 15th December, 1954.

BATLE ATHA CLIATH i ARNA FHOILSlU AO OIFIG AN tSOLATHAIR DUBLIN- PUBLISHED BY THE STATIONERY OFFICE.
Le eeannaeh diroach 6n Oifig Diolta Foilsoachan Rialtais, An Stuara Ard Oifig an Phoist, Bade Atha Cliath, n6 trl aon dioltoir leabhar.

To be purchased through any bookseller, or directly from the Government Publications Sale Office, G.P.O.

Arcade, Dublin.

C16-bhuailte ag Cahiix & Co., Ltd. [Luach : Dd Stilling agus Raol Gian.]

Printed by CAniix & Co., Ltd. __________ .

*___ [Price : Two Shillings and Sixpence Net.]

Wt.

9390/G/ll.—.

625.

11/55.

C.ACo.

(3506).

G.16.