Star.
London, England, 1831-03-25 00:00:00

PRESCRIPTION.

A Bill entitled an Act for ShorteniWg the Time of Presciption in car.
taln Cases, and for lessening the Impediments to the Transfer of
Real Property created by outstanding Terms and Judgments.
Whereas the expression " time immemorial" 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, which is sometimes productive of incon-
venience and injustice; for remedy thereof be it therefore
enacted by the King's most excellent Majesty, by and with
the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by
the authority of the same, that no claim which may be law-
fully 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, or of any ecclesiastical or lay person, or
body corporate, except such matters and things as are herein
specially provided for, and except rent and services, 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 sears, be
defeated or destroyed by showing only that such right, profit,
or benefit, was first taken or enjoyed at any time prior to such
period of thirty years; and when such right, profit, or be
nefit, shall have been so taken and enjoyed as aforcsoid 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 agree-
men!, expressly made or given for that purpose by words or
writing.
And be it further enacted, that 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 water-
course, 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, or any ecclesiastical or lay
person, or body corporate, 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 20 years, shall be defeated or destroyed
by showing only that such way or other matter was first
enjoyed at any time prior to such period of 20 years ; and
where such way or other matter as herein last before men-
tioned shall have been so enjoyed as aforesaid for the full
period of 40 years, the right thereto shall be deemed abso-
lute and indefeasible, unless it' shall appear that the same
was enjoyed by some consent or agreement expressly given
or made for that purpose by words or writing.
And be it further enacted, that 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 20 years without interruption, the right thereto
shall be deemed absolute and indefeasible, any local usage
pr custom to the contrary notwithstanding, unless it shall
appear that the same was enjoyed by some consent or agree-
ment expressly made or given for that purpose by words or
writing.
And be it further enacted, that all the prescriptions and
claims of or for any modus decimandi, or of or to any ex
emption from or discharge of tithes, shall, in cases where
the render of tithes in kind shall be demanded by our said
Lord the King, his heirs or successors, or by any lay person,
not being a corporation sole, or by any body corporate of
many, whether temporal or spiritual, be sustained, and be
deemed good and valid in law, upon evidence showing, in
elutes of claim of n modus decimandi, the payment or render
of such modus, and in cases of claim to exemption or dis-
charge showing the enjoyment of the land, without payment
or render of tithes, money, or other matter, for the full pe-
riod of 30 years, unless, in the case of claim of a modus de-
cimaudi, the actual payment or render of tithes in kind, or,
in case of claim to exemption from or discharge of the render
or payment of tithes, or of money or other matter in lieu'
thereof, at some time prior to such 30 years, shall be alleged
and proved in support of the demand thereto, or it shall be
proved that such payment was made or enjoyment had by
some consent or agreement expressly made or given for that
purpose by words or writing, and if such proof in support of
the claim shall be extended to the full period of sixty
years, in such cases the claim shall be deemed absolute
and indefeasible, unless it shall be proved that such payment
was made or enjoyment had by some consent or agreement
expressly made or given for that purpose by words or writ-
ing; and where the render of tithes in kind shall be de-
manded by any a chbisliop, bishop, dean, prebendary, par-
son, vicar, master of hospital, or other corporation sole,
whether spiritual or temporal, then every such prescription
or claim shall be valid and indefeasible, upon evidence
showing such payment, render or enjoyment, as is herein-
before mentioned, applicable to the nature of the claim, for
and during the whole time that two persons in succession
shall have held the otlice or benefice in respect whereof such
render shall be claimed, and for not less than six years
after a third person shall have been appointed thereto, and
also for and during not less than the full period of 60
tars; and if such times taken together shail not amount to
he full period of 60 years, then, upon evidence showing
such payment, render, or enjoyment, as the case may be,
for and during the whole time of the holding of such two
persons as aforesaid, and for and during such further
pumber of years, in addition to such six years, as will,
ith the time of the holding of such two persons, make up
iehe full period of 60 years, unless it shall be proved that
uch payment was made, or enjoyment had, by some con-
nt or agreement, expressly made or given for that pur-
pose by words or writing.
Provided always, That this act shall not be prejudicial or
available to or for any plaintiff or defendant, in any suit co
action relative to any of the matters before mentioned, now
@ommenced, or which Islay be hereafter commenced with) a
three years next after the passing hereof; but every spelt
suit or action, and the merits and matters thereof, shall be
tried and determined as if this act bad not been made.
Provided shio, thiit the time during which any person
otherwise capable of resisting any claim to any of the mat-

tars before mentioned shall have been or shall be an infant,
idiot, non compos nientis, feme covert, or lay tenant for life,
or during which any action or suit shall have been pending
which shall have beep diligently proietuted; but abated by
the death of any party or parties thereto, shall be excluded
in the computation of either of the periods :30 years and 20
years herein-before mentioned, but shall not be excluded or
be available in any dile where the right or claim is hereby
deelared to he aNkehrte and indefeasible.
Provided alio, Atilt the pirson otherwise capable of re-
sisting the claim to \airy of the matters before mentioned
shall be absent beyond the seethe expiration of the pe-
riod in that behalf assigned, then ail-in every such case six
years shall he allowed for resisting the claim after the return
or decease of such person, except only in such cases where
the right is hereby declared to be absolute and indefea-
sible; and Scotland, Ireland, and the Isles of Guernsey,
Jersey, Alderney, Sark, or Man, shall not be deemed places
beyond the seas.
Previous also, and be it further enacted, that in all ac-
tions upon the case and other pleadings, wherein the parity
claiming may now by law allege his right generally, with-
out averring the existence of such right from time immemo-
rial, such allegation shall still be deemed sufficient ; and if
the game 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 to all other pleadings wherein before the pass-
ing. of this act it would have been necessary to allege the
right to have existed from time immemorial, it shall be suf-
ficient to allege the enjoyment thereof as of right Ly 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 he applicable to the case, and without
claiming in the name or right of the owner of the fee, as
is now usually done; and if the other party shall intend to
rely on any proviso, exception, incapacity, disability, con-
tract, agreement, or other matter hereinbefore mentioned, or
any cause or matter not inconsistent with the fact of enjoy-
ment, the same shall be specially alleged and set forth in
answer to, and shall not be received in evidence
on any general traverse or denial of the allegation of the
party claiming.
And whereas great difficulties are often found and expense
created in the making title to and conveying real prope:ty,by
reason of outstanding terms of years created for some purpose
that has been satisfied; for remedy thereof be it enacted, that
all terms of years in any tenements or hereditaments created
or assigned for, or in any manner char; e I with or made security
for. or declared or directed to be and remain for the raising,
securing, or paynunt of money, or any other special or par-
ticular purpose, shall be deemed and taken to have expired
and determined, as effectually as if by efflux of time, at the
end of two yea's after such money shall have been paid, or
every such purpose shall have been fully answered and satis-
fied, unless within the period of such two years, or before the
passing of this act, or within one year after the passing there-
of, the same have been, or shall be, by some deed or writing
conveyed or assigned, or directed or declared to be and re-
main in trust, and for the purpose of protecting and waiting
upon the inheritance in fee simple or fee tail, in the same
tenements or hereditaments, or some part thereof, or for the
raising, securing, or payment of any other money, or any
other special or particular purpose; and in case any such
term shall have been or shall be conveyed or assigned, or
declared or directed to be or remain, or shall by any rule or
operation of law or equity actually be and remain in trust to
protect or wait upon the inheritance as aforesaid, and shall
be actually existing and in force on such trust only, and for
no other purpose, the same shall and may be merged in such
inheritance, and made void, ended, and deter Mined, by a
deed to be executed for that purpose by the person or per-
sons in whom the estate of inheritance shall then be vested,
as fully and effectually as if such term of years had been
surrendered, conveyed, or assigned by the person or persons
in whom the same was at that time legally vested, and whe-
ther the same shall at that time be legally vested in any per-
son then in existence or no

And be it further enacted, that in all actions, fiats, and
proceedings to be commenced after the Ist day of January,
which will be in the year of our Lord 1832, all money pay-
able or secured by any bond, covenant or judgment, or by any
estate or term of years created or assigned for that purpose,
shall be deemed to be paid and satisfied at the expiration of
20 years next after a present right to receive the same shall
have accrued to some person capable of giving a legal dis-
charge for or release of the same, unless in the mean time
some part of the principal money, or some interest thereon,
shall have been, or shall be paid, and in such case, theu at
the expiration of 20 years after such payment, or after
the last of such payments, if there shall hive been more
than one.

CA KLILE'S Pe BLICATIONS.—At How street, last night,
a young man, who refused to give his name, saying it had been too
often in the newspapers already, was charged with carrying shout for
sale, without being duly licensed, a large bundle of panaphlete and
printed papers, the greater part of which bore the name of Richard
Carlile as printer and publisher, and the matter so printed was qUite
in character with the class of publications which tl.at pen• n had so
long been in the habir ' cf selling to the pul lie, and for which he is
now imprisoned. It was stated by en inspector of hawkers' licenses,
that he saw the defendant enter three public houses in the neighbour-
hood of Oxford-sneer, and offer the publications for rale. He sho•saw
him sell one of them. The defendant now said, he was going to wait
on the Lord Mayor to-morrow ; but the Magistrate said he must first
trouble him to pay 101. the &Mount of the penalty he bad incumd
The defendant having declared his inability to pay Pitch a sum, was
told that he would be committed to prison for three months, or 'until
the fine should be paid. He was then removed in custody; and the
inspector obtained the permi►sion of the magkirate to retain the pabli.
cations, with the view of submitting them to thr.proper quarter.
BlItTllB.

On the 24th inst. the lady of W. Yuman, I:sq. of Gnat Russell.
street, Bluornabury.m.sare, of a daughter.

AlAtt BIRD.
On the 24th inA. at St. Bride's Church, the Rev. H. Watson, vicar
of West %Vretting, rector of Tyd St. tide., in the county of Catnbridge.
to Clarissa Ann. daughter of Mr. Gregory, of Fleet.street.—On the
lath inst. at St. George's, Bloomsbury, M. Martin, Esq. harrister-at.
law, of the Miridle Temple, to 11. Mary, only child of the late J.
Staplet..n, Esq. of Calzutia.—Oa Wednesday, at St. George'. Church,
Mr. J. Stalin., of Cannon.streei, London, to Mary Barnes, daughter of
W. Vaughan, Esq. of 'l' cr. Brock. rear Jaivetpool.—Ost Thursday, the
21tli inst. at St. Jottu's, lletkenws Mr. H. Gooch. of Copplce.row,
to Ann Amelia, daughter of the late Mr. R. Stod'hut, of Red Lion-
streer.—At St. Botolpl's, Bishorgate, on the 24th inst. B. G. Wind's.,
Esq. of Tottenham, to bliss Arrniger, niece of Wm. Row, Esq. Page-
-1 green.

DIED.
On the 20th inst. at the house of her son, Thomas Walker, Req.
Charm:mg Dene, Mrs. Walker, of Upper Russell street, Bermondsey,
in the /7th year of her age.—On the 20th inst. the Rev. W. Blown,
many years ministe► of Baker.srreet Meeting, Enfield, aged 48._.00
Wednesday. the 2:1‘1 init. the son cid. D. Cumming. Esq. of Duke.
street, Westminster.—On the 22d inst. at Woodford-hall. Essex, in
his 77th year, J. Maitland, Esq. of Lougliton.hall, in the same county.
—Or. the22d inst. B. Blake, Esq. of Hampton, Middlesex, aged 811.

CORN-EXCHAN(
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&folk. (White) . ns 76a
Nerfcßkt& Bur (Red), ON' 72s
. 30s 345.!
rley, Ms 401 ..Fine 444 41s
Peso, Willie . 4AI di'
Beikrs .
Wheat, '

Peas, Grey..