CAP. 347]
(Cap. 29.)
Limitation
[1986 Ed.
"trust", "trustee" and "trust for sale" have the same meanings respectively as in the Trustee Ordinance.
(2) A person shall be deemed to claim through another person, if he became entitled by, through, under, or by the act of that other person to the right claimed:
Provided that a person becoming entitled to any estate or interest by virtue of a special power of appointment shall not be deemed to claim through the appointer.
(3) References in this Ordinance 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, and references to the bringing of such an action shall include references to the making of such an entry or distress.
(4) In the case of rentcharges, references in this Ordinance to the possession of land shall be construed as references to the receipt of the rent, and references to the date of dispossession or discontinuance of possession of land shall be construed as references to the date of the last receipt of rent.
(5) In Part III of this Ordinance, references to a right of action shall include references to a cause of action and to a right to receive money secured by a mortgage or charge on any property or to recover proceeds of the sale of land, and to a right to receive a share or interest in the personal estate of a deceased person; and references to the date of the accrual of a right of action shall-
(a) in the case of an action for an account, be construed as references to the date on which the matter arose in respect of which an account is claimed;
(b) in the case of an action upon a judgment, be construed as references to the date on which the judgment became enforceable;
(c) in the case of an action to recover arrears of rent or interest, or damages in respect thereof, be construed as references to the date on which the rent or interest became due.
Part II to be subject to provisions of Part III.
1939 c. 21. s. 1.
PART II
PERIODS OF LIMITATION FOR DIFFERENT CLASSES OF ACTION
3. The provisions of this Part shall have effect subject to the provisions of Part III which provide for the extension of the periods of limitation in the case of disability, acknowledgment, part payment, fraud and mistake, and in the case of certain actions in respect of personal injuries.
Page 5
Page 6
4
CAP. 347]
(Cap. 29.)
Limitation
[1986 Ed.
"trust", "trustee" and "trust for sale" have the same meanings
respectively as in the Trustee Ordinance.
(2) A person shall be deemed to claim through another person, if he became entitled by, through, under, or by the act of that other person to the right claimed:
Provided that a person becoming entitled to any estate or interest by virtue of a special power of appointment shall not be deemed to claim through the appointer.
(3) References in this Ordinance 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, and references to the bringing of such an action shall include references to the making of such an entry or distress.
(4) In the case of rentcharges, references in this Ordinance to the possession of land shall be construed as references to the receipt of the rent, and references to the date of dispossession or discontin- uance of possession of land shall be construed as references to the date of the last receipt of rent.
(5) In Part III of this Ordinance, references to a right of action shall include references to a cause of action and to a right to receive money secured by a mortgage or charge on any property or to recover proceeds of the sale of land, and to a right to receive a share or interest in the personal estate of a deceased person; and references to the date of the accrual of a right of action shall-
(a) in the case of an action for an account, be construed as references to the date on which the matter arose in respect of which an account is claimed;
(b) in the case of an action upon a judgment, be construed as references to the date on which the judgment became enforceable;
(c) in the case of an action to recover arrears of rent or interest, or damages in respect thereof, be construed as references to the date on which the rent or interest became due.
Part II to be subject to provisions of Part III.
1939 c. 21. s. 1.
PART II
PERIODS OF LIMITATION FOR DIFFERENT CLASSES OF ACTION
3. The provisions of this Part shall have effect subject to the provisions of Part III which provide for the extension of the periods of limitation in the case of disability, acknowledgment, part payment, fraud and mistake, and in the case of certain actions in respect of personal injuries.
Page 5Page 6
No comments yet.
Private notes are available after approval.