Sessional_Paper_1884-1885 — Page 148

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In cases of infancy,

coverture or lunacy when right of action acornes, six years to be allowed from terialnation of disability or previous death. 137 & 38 Vict. č. 57, 8. 3.)

No time allowed for absence from Colony,

[87 & 38 Vich, c. 57, B. 4.]

Thirty years utpost allow- ance for disabilitles. 137 & 38 Vict, c. 57, 8. 3.)

Mortgagor to be barred at end of twelve years from the time when mortgagee took posses- sion or from last written acknowledg- ment.

[37 & 38 Vict., c. 37, s. 7.)

5. If, at the time at which the right of any person to make an entry or distress or to bring an action or suit to recover any land or rent, shall have first accrued as aforesaid, such person shall have been under any of the following disabilities, that is to say, infancy, coverture, idiotcy, lunacy, or unsoundness of mind, then such person, or the person claiming through him, may, notwithstanding that the period of twelve years or six years (as the case may be) herein- before limited shall have expired, make an entry or distress, or bring an action or suit to recover such land, or rent, at any time within six years next after the time at which the person to whom such right shall first have accrued shall have ceased to be under any such disability, or shall have died (whichever of those two events shall have first hap- pened).

6. The time within which any such entry may be made, or any such action or suit may be brought as aforesaid, shall not in any case after the commencement of this Ordinance be extended or enlarged by reason of the absence from the Colony, during all or any part of that time, of the person having the right to make such entry, or to bring such action or suit, or of any person through whom he claims.

7. No entry, distress, action, or suit shall be made or brought by any person who, at the time at which his right to make any entry or distress or to bring an action or suit to recover any land or rent shall have first accrued, shall be under any of the disabilities herein before mentioned or by any person claiming through him but within thirty years next after the time at which such right shall have first accrued, although the person under disability at such time may have remained under one or more of such disabili- ties during the whole of such thirty years, or although the term of six years from the time at which he shall have ceased to be under any such disability, or have died shall not have expired.

8. When a mortgagee shall have obtained the possession or receipt of the profits of any land, or of any rent com- prised in his mortgage the mortgagor, or any person claiming through him, shall not bring any action or suit to redeem the mortgage but within twelve years next after the time at which the mortgagee obtained such possession or receipt, unless in the meantime an acknowledgment in writing of the title of the mortgagor, or of his right to redemption, shall have been given to the mortgagor or some person claiming his estate, or to the agent of such mortgagor or person, signed by the mortgagee or the person claiming through him; and in such case no such action or suit shall be brought but within twelve years next after the time at which such acknowledgment, or (if more than one) the last of such acknowledgments was given, and when there shall be more than one mortgagor, or more than one person claiming through the mortgagor or mortgagors, such acknowledgment, if given to any of such mortgagors or persons, or his or their agent, shall be as effectual as if the same had been given to all such mortgagors or persous, but where there shall be more than one mortgagee, or more than one person claiming the estate or interest of the mortgagee or mortgagees, such acknowledgment, signed by one or more of such mortgagees or persons shall be effec- tual only as against the party or parties signing as aforesaid, and the person or persons claiming any part of the mortgage money or land or rent by from or under him or them, and any person or persons entitled to any estate or interest, to take effect after or in defeasance of his or their estate or interest, and shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money or land or rent; and where such of the mortgagees or persons aforesaid as shall have given such acknowledgment shall be entitled to a divided part of the laud or rent comprised in the mortgage, or some estate or interest therein, and not to any ascertained part of the mortgage money, the mortgagor or mortgagors shall be entitled to redeem the same divided part of the land or rent on payment, with interest, of the part of the mortgage money which shall bear the same proportion to the whole of the mortgage money as the value of such divided part of the land or rent shall bear to the value of the whole of the land or rent comprised in the mortgage.