CHAPTER 81

1 Cap. 81] of 81 PRESCRIPTIONAN ORDINANCE TO AMEND THE LAWS REGULATING THE PRESCRIPTION OF ACTIONS.[1st January. 1872.]Short ofprescriptionfor lands This Ordinance may be cited as thePrescription In this Ordinance, unless the contextotherwise requires " immovable property " shall be taken toinclude all shares and interests insuch property, and all rights,easements, and servitudes thereuntobelonging or Proof of the undisturbed anduninterrupted possession by a defendant inany action, or by those under whom heclaims, of lands or immovable property, bya title adverse to or independent of that ofthe claimant or plaintiff in such action (thatis to say, a possession unaccompanied bypayment of rent or produce, or performanceof service or duty.)

2 Or by any other act by thepossessor, from which an acknowledgementof a right existing in another person wouldfairly and naturally be inferred) for tenyears previous to the bringing of suchaction, shall entitle the defendant to adecree in his favour with costs. And in likemanner, when any plaintiff shall bring hisaction, or any third party shall intervene inany action for the purpose of being quietedin his possession of lands or t>therimmovable property, or to preventencroachment or usurpation thereof, or toestablish his claim in any other manner tosuch land or other property, proof of suchundisturbed and uninterrupted possession ashereinbefore explained, by such plaintiff orintervenient, or by those under whom heclaims, shall entitle such plaintiff orintervenient to a decree in his favour withcosts.

3 Provided that the said period of ten yearsshall only begin to run against partiesclaiming estates in remainder or reversionfrom the time when the parties so claimingacquired a right of possession to theproperty in It shall be lawful for any person whoshall have been dispossessed of anyimmovable property otherwise than byprocess of law, to institute proceedingsagainst the person dispossessing him at anytime within one year of such dispossession,And on proof of such dispossession withinone year before action brought, the plaintiffin such action shall be entitled to a decreeagainst the defendant for the restoration ofsuch possession without proof of title ;Provided that nothing herein containedshall be held to affect the otherrequirements of the law as respectspossessory cases,5.

4 No action shall be maintainable forthe recovery of any sum due upon anyhypothecation or mortgage of any property,or upon any bond conditioned for thepayment of money, or the performance, ofany agreement or trust, or the payment ofpenalty, unless the same be commenced, inthe case of an instrument payable at, orproviding for the performance of itscondition within, a definite time, within tenyears from the expiration of such time, andin all other cases within ten years from thedate of such instrument of mortgage orhypothecation, or of last payment of interestthereon, or of the breach of the incase maybe broughtwithin oneyear or bondprescribedafter [ incase ofpartnershipdeeds,writtenpromise,contra ct,bargain,agreement, orsecurity, oruponpromissorynote.]

5 Bill ofexchange, & in casesof action torecover goods,rent, moneylent, Ac., in casefor goodssold, shop bill,book debt, orwork in casesfor in caseof actionsnot herein-beforeprovided inreconventionnot to beallowedwhere actionis No action shall be maintainable uponany deed for establishing a partnership, orupon any promissory note or bill ofexchange, or upon any written promise,contract, bargain, or agreement, or otherwritten security not falling within thedescription of instruments set forth insection 5, unless such action shall bebrought within six years from the date ofthe breach of such partnership deed or-ofsuch written promise, contract, bargain, oragreement, or other written security.

6 Orfrom the date when such note or bill shallhave become due, or of the last payment ofinterest No action shall be maintainable forthe recovery of any movable property, rent,or mesne profit, or for any money lentwithout written security, or for any moneypaid or expended by the plaintiff on accountof the defendant, or for money received bydefendant for the use of the plaintiff, or formoney due upon an account stated, or uponany unwritten promise, contract, bargain, oragreement, unless such action shall becommenced within three years from the timeafter the cause of action shall have No action shall be maintainable foror in respect of any goods sold anddelivered, or for any shop bill or book debt,or for work and labour done, or for thewages of artisans, labourers, or servants,unless the same shall be brought within oneyear after the debt shall have become No action shall be maintainable forany loss, injury, or damage.

7 Unless the sameshall be commenced within two years fromthe time when the cause of action shall No action shall be maintainable inrespect of any cause of action not herein-before expressly provided for, or expresslyexempted from the operation of thisOrdinance, unless the same shall becommenced within three years from the timewhen such cause of action shall No claim in reconvention or by wayof set-off shall be allowed or maintainablein respect of any claim or demand after theright to sue in respect thereof shall bebarred by any of the provisions In any of the forms of actionreferred to in sections 5, 6, 7, 8, 10, and 11of this Ordinance, no acknowledgment orpromise by words only shall be deemedevidence of a new or continuing contract,whereby to take the case out of theoperation of the enactments contained inthe said sections, or any of them, or todeprive any party of the benefit thereof,unless such acknowledgment shall be madeor contained by or in some writing to besigned by the party chargeable, or by someagent duly authorized to enter into suchcontract on his behalf; and that where thereshall be two or more joint contractors, orheirs, executors, or administrators of anycontractor, no such joint contractor, or heir.

8 Executor, or administrator shall lose thebenefit of the said enactments, or any ofthem, by reason of any writtenacknowledgment or promise made by anyother or others of them :Provided always that nothing hereincontained shall alter or take away, or lessenthe effect of any payment of any principalor interest made by any person whatsoever;Provided also that in actions to becommenced against two or more such jointcontractors, or heirs, executors, oradministrators, if it shall appear at the trialor otherwise that the plaintiff, thoughbarred by any of the provisions contained inthe said sections as to one or more of suchjoint contractors, heirs, executors oradministrators, shall nevertheless be entitledto recover against any other or others ofthe defendants by virtue of a newacknowledgment or promise, or otherwise.

9 Judgment may be given for the plaintiff as tosuch defendant or defendants againstwhom he shall recover and for the otherdefendant or defendants against Provided nevertheless, that if at thetime when the right of any person to sue forthe recovery of any immovable property- shall have first accrued, such person shallhave been under any of the disabilitieshereinafter mentioned, that is to say (a) infancy,(b) idiocy,No acknow-ledgment totake a caseout of theoperation ofthis Ordinanunless incase ofdisabilities withreference toclaims ] PRESCRIPTION(c) unsoundness of mind,(d) lunacy, or(e) absence beyond the seas,then and so long as such disability shallcontinue the possession of such immovableproperty by any other person shall not betaken as giving such person any right or titleto the said immovable property, as againstthe person subject to such disability or thoseclaiming under him, but the period of tenyears required by section 3 of thisOrdinance shall commence to be reckonedfrom the death of such last-named person,or from the termination of such disability,whichever first shall happen ; but no furthertime shall be allowed in respect of thedisabilities of any other person.

10 Provided also that the adverse andundisturbed possession for thirty years ofany immovable property by any personclaiming the same, or by those under whomhe claims, shall be taken as conclusive proofof title in manner provided by section 3 ofthis Ordinance, notwithstanding thedisability of any adverse Provided also, that if at the timewhen the right of action in respect of any ofthe causes referred to in sections 5, 6, 7, 8,10, and 11 of this Ordinance shall accrue,the person so entitled to sue shall be subjectto any of the said hereinbefore mentioneddisabilities, then the several periods oflimitation hereinbefore provided shall notcommence to run until the removal of suchdisability or the death of such person,whichever first shall happen.