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LIMITATION ACT 1935

Table of Provisions

  • 1 Short title
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  • 3 Interpretation
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  • 4 No land or rent to be recovered but within 12 years after the right of action accrued
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  • 5 When the right shall be deemed to have accrued
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  • 6 Where advantage of forfeiture is not taken by remainderman, he shall have a new right when his estate comes into possession
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  • 7 Provision for case of future estates
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  • 8 An administrator to claim as if he obtained the estate without interval after the death of deceased
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  • 9 In the case of a tenant at will, the right shall be deemed to have accrued at the end of one year
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  • 10 No person after a tenancy from year to year, to have any right but from the end of the first year or last payment of rent
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  • 11 Where rent amounting to $2 reserved by a lease has been wrongfully received, no right to accrue on determination of lease
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  • 12 A mere entry not to be deemed possession
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  • 13 No right to be preserved by continual claim
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  • 14 Possession of one coparcener etc., not to be the possession of the others
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  • 15 Acknowledgment in writing given to the person entitled or his agent, to be equivalent to possession or receipt of rent
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  • 16 In cases of infancy, etc., 6 years to be allowed from the termination of the disability or previous death
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  • 17 No time to be allowed for absence beyond seas
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  • 18 30 years utmost allowance for disabilities
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  • 19 No further time to be allowed for a succession of disabilities
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  • 20 When the right to an estate in possession is barred the right of the same person to future estates also barred
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  • 21 Where tenant in tail is barred, remaindermen whom he might have barred shall not recover
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  • 22 Possession adverse to a tenant in tail, shall run on against the remaindermen whom he might have barred
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  • 23 Possession under an assurance by a tenant in tail
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  • 24 No suit in equity to be brought after the time when the plaintiff might have brought an action at law
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  • 25 In cases of express trust, the right shall not be deemed to have accrued until a conveyance to a purchaser
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  • 26 Time for recovering charge and arrears of interest not to be enlarged by express trust for raising same
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  • 27 In cases of fraud no time shall run whilst the fraud remains concealed
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  • 28 Saving the jurisdiction of equity on the ground of acquiescence or otherwise
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  • 29 Mortgagor to be barred at end of 12 years from the time when the mortgagee took possession or from the last written acknowledgment
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  • 30 At the end of the period of limitation the right of the party out of possession to be extinguished
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  • 31 Receipt of rent to be deemed receipt of profits
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  • 32 Money charged upon land and legacies to be deemed satisfied at the end of 12 years if no interest paid nor acknowledgment given
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  • 33 Claims to estate of intestates
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  • 34 No arrears of rent or interest to be recovered for more than 6 years
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  • 35 Mortgagees may bring actions to recover land within 12 years after last payment of principal or interest
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  • 36 No title by adverse possession against Crown
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  • 37 Actions on penal Statutes
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  • 37A Limitation on proceeding for recovery of tax
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  • 37B Limited right to recover tax
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  • 37C Limited operation of certain court orders
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  • 38 Limitation of time for commencing other actions and suits
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  • 38A Extended limitation period in certain cases
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  • 38B Revival
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  • 39 Except absence beyond seas
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  • 40 Persons under disability allowed time from removal of disability
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  • 41 Extension of time where person liable is beyond the seas
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  • 42 Meaning of expression “beyond the seas”
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  • 43 No extension of time against a joint debtor not beyond the seas
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  • 44 Effect of acknowledgment, etc., preserved except in certain cases
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  • 45 Judgment may be recovered against some co-defendants
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  • 46 Limitation to apply to counter-claim and set-off
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  • 47 Trustees may plead Statute of Limitations in certain cases
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  • 47A Protection of persons acting in execution of statutory or other public duty
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  • 48 Crown not affected, except as expressly provided
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  • 48A Various provisions repealed
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  • 49 Exception of cases provided for by other Acts
  • Defined terms

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