Sessional_Paper_1884-1885 — Page 147

A BILL

ENTITLED

An Ordinance for the further limitation of actions and suits relating to the recovery of land and rent and for altering and amending the law of conveyancing within the Colony of Hongkong, 1885.

WH

HEREAS it is desirable further to limit the times within which actions or suits may be brought within the Colony of Hongkong for the recovery of land or rent and of charges thereon, and to facilitate the transfer of land within the Colony by means of certain amendments in the law of conveyancing: Be it therefore enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof as follows:-

1. This Ordinance may be cited as The Conveyancing Ordinance, 1885.

2. The terms hereinafter mentioned shall have the mean- ings assigned to them unless there be something either in the subject or context repugnant to such construction that is to say:-

The expression "the Land Office" shall mean the

Land Office of the Colony.

The expression "the Land Officer" shall mean the person (other than the Governor) who shall for the time being have the lawful control and super- intendence of the Land Office.

The word "Land" shall extend to messuages, land, tenements and hereditaments of any tenure situate in the Colony.

The expression "the Court" shall mean the Supreme

Court of the Colony.

3. After the commencement of this Ordinance no person shall make an entry or distress, or bring any action or suit, to recover any land or rent, but within twelve years next after the time at which the right to make such entry or distress, or to bring such action or suit, shall have first accrued to some person through whom he claims, or, if such right shall not have accrued to any person through whom he claims then within twelve years next after the time at which the right to make such entry or distress, or to bring such action or suit, shall have first accrued to the person making or bringing the same.

4. A right to make an entry or distress, or to bring an action or suit to recover any land or rent shall be deemed to have first accrued, in respect of an estate or interest in reversion or remainder, or other future estate or interest, at the time at which the same shall have become an estate or interest in possession by the determination of any estate in respect of which such land shall have been held, or the profits thereof or such rent shall have been received, not- withstanding that the person claiming such land or rent, or some person through whom he claims, shall, at any time previously to the creation of the estate which shall have determined, bave been in the possession or receipt of the profits of such land, or in receipt of such rent; but, if the person last entitled to any particular estate on which any future estate or interest was expectant shall not have been in the possession or receipt of the profits of such land, or in receipt of such rent, at the time when his interest determin- ed, no such entry or distress shall be made, and no such action or suit shall be brought by any person becoming entitled in possesion to a future estate or interest but within twelve years next after the time when the right to make an entry or distress, or to bring an action or suit for the recovery of such land or rent, shall have first accrued to the person whose interest shall have so determined, or within 'six years next after the time when the estate of the person becoming entitled in possession shall have become vested in possession, (whichever of those two periods shall be the longer) and, if the right of any such person to make such entry or distress, or to bring any such action or suit, shall have been barred under this Ordinance, no person, after- wards claiming to be entitled to the same land or rent in respect of any subsequent estate or interest under any deed, will, or settlement executed or taking effect after the time when a right to make an entry or distress, or to bring an action or suit for the recovery of such land or rent, shall have first accrued to the owner of the particular estate whose interest shall have so determined as aforesaid shall make any such entry or distress, or bring any such action or suit, to recover any such land or rent.

Short title.

Interpreta- tions.

The Land Office.

The Land Officer.

Land

The Court.

No land or rent to be recovered but within twelve years after the right of action accrued. [37 & 38 Vict c. 57, s. 11

Provision for case of future estates.

[37 & 33 Vict. G. 57, a. 2.]

Time limited to six years when person entitled to the particular estate out of possession, &c.

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