CHAPTER 72. LIMITATION
Description
CHAPTER 72. LIMITATION.
Date-in-force 10TH DECEMBER, 1952.
INDEX.
PART I.
PRELIMINARY.
SECTION
1. Short title . 2. Interpretation.
PART II.
LIMITATION OF SUITS.
3. Dismissal of suits instituted after period of limitation.
4. Proviso where court is closed when period expires.
5. Special law of limitation.
6. Legal disability.
7. Disability of one joint-creditor.
8. Continuous running of time.
9. Suits against express trustees and their representatives.
10. Suits on foreign contracts.
PART III.
COMPUTATION OF PERIOD OF LIMITATION.
11. Exclusion of day on which right to sue accrues.
12. Exclusion of time of defendant's absence from the Colony.
13. Exclusion of occupation period.
14. Exclusion of time of proceeding bona fide in Court without jurisdiction.
15. Exclusion of time during which commencement of suit is stayed by injunction or order.
16. Exclusion of time during which judgment debtor is attempting to set aside execution-sale.
17. Effect of death before right to sue accrues.
18. Effect of fraud.
19. Effect of acknowledgment in writing.
20. Effect of payment of interest as such. Effect of part payment of principal.
21. One of several joint contractors, etc., not chargeable by reason of acknowledgment or payment made by another of them.
22. Effect of substituting or adding new plaintiff or defendant.
23. Continuing breaches and wrongs.
24. Suit for compensation for act not actionable without special damage.
25. Computation of time mentioned in instrument.
PART IV.
RIGHTS EXTINGUISHED . 26. Right of person out of possession extinguished.
SCHEDULE.
To regulate the limitation of suits.
[10TH DECEMBER, 1952.]
PART I. PRELIMINARY.
1. Short title.
This Ordinance may be cited as the Limitation Ordinance.
2. Interpretation.
In this Ordinance, unless there is something repugnant in the subject or context--
"bill of exchange" includes also a hoondee and a cheque;
"bond" includes any instrument whereby a person obliges himself to pay money to another on condition that the obligation shall be void if a specified act is performed or is not performed, as the case may be;
"defendant" includes also any person from or through whom a defendant derives his right liability to be sued;
"foreign country" means any country other than the Colony;
"plaintiff" includes also any person from or through whom a plaintiff derives his right to sue;
"promissory note" means any instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand or at sight;
"suit" includes any action or other proceeding;
"trustee" does not include a mortgagee or chargee remaining in possession after the mortgage or charge has been satisfied or a wrong-doer in possession without title.
Nothing shall be deemed to be done in "good faith" which is not done with due care and attention.
PART II. LIMITATION OF SUITS.
3. Dismissal of suits instituted after period of limitation.
Subject to sections 4 to 24, every suit instituted after the period of limitation prescribed therefor by the Schedule shall be dismissed:
Provided that limitation has been set up as a defence.
4. Proviso where court is closed when period expires.
If the period of limitation prescribed for any suit expires on a day when the court is closed, the suit may be instituted on the clay that the court re-opens.
5. Special law of limitation.
When by any special law now or hereafter in force in the Colony a period of limitation is especially prescribed for any suit, nothing herein contained shall affect or alter the period so prescribed.
6. Legal disability.
(1) Effect of part payment of principal. If a person entitled to institute a suit is at the time from which the period of limitation is to be reckoned a minor or insane or an idiot, he may institute the suit within the same period after the disability has ceased as would otherwise have been allowed from the time prescribed therefor in the third column of the Schedule.
(2) When he is at the time from which the period of limitation is to be reckoned affected by two such disabilities, or when before his disability has ceased he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased as would otherwise have been allowed from the time so prescribed.
(3) When his disability continues up to his death his legal representative may institute the suit or make the application within the same period after the death as would otherwise have been allowed from the time so prescribed.
(4) When such representative is at the date of the death affected by any such disability, the rules contained in subsections (1) and (2) shall apply . (5) Nothing in this section shall be deemed to extend for more than three years from the cessation of the disability, or the death of the person affected thereby, the period within which any suit must be instituted.
7. Disability of one joint-creditor.
(1) When one of several joint-creditors or claimants is under such disability, and when a discharge can be given without the concurrence of such person, time will run against them all.
(2) Where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others.
8. Continuous running of time.
(1) When once time has begun to run no subsequent disability or inability to sue stops it.
(2) Where letters of administration to the estate of a creditor have been granted to his debtor, the running of the time prescribed for a suit to recover the debt shall be suspended while the administration continues.
9. Suits against express trustees and their representatives.
Notwithstanding anything hereinbefore contained no suit against a person in whom property has become vested in trust for any specific purpose or against his legal representatives or assigns, not being assigns for valuable consideration, for the purpose of following in his or their hands such property, shall be barred by any length of time.
10. Suits on foreign contracts.
(1) Suits instituted in the Colony on contracts entered into in a foreign country are subject to the rules prescribed by this Ordinance.
(2) No foreign rule of limitation shall be a defence to a suit instituted in the Colony on a contract entered into in a foreign country, unless the rule has extinguished the contract and the parties were domiciled in such country during the period prescribed by such rule.
PART III. COMPUTATION OF PERIOD OF LIMITATION.
11. Exclusion of day on which right to sue accrues.
In computing the period of limitation prescribed for any suit, the day from which such period is to be reckoned shall be excluded.
12. Exclusion of time of defendant's absence from the Colony.
In computing any period of limitation prescribed by this Ordinance, the time during which the defendant has been absent out of the Colony shall be excluded from such computation, except any time during which service of a writ of summons or notice of a writ of summons to appear and answer in the suit can, during the absence of such defendant, be made in any mode prescribed by law.
13. Exclusion of occupation period.
(1) In computing the period of limitation in respect of any suit to which section 3 of the Restriction of Civil Jurisdiction and Registration Ordinance, 1946, applied, the period commencing on the twenty-fourth day of December, 1941, and ending on the fifteenth day of June, 1949, shall be excluded.
(2) In computing the period of limitation in respect of any suit other than a suit referred to in sub-section (1), the period commencing on the twenty-fourth day of December, 1941, and ending on the first day of March, 1946, shall be excluded.
14. Exclusion of time of proceeding bona fide in Court without jurisdiction.
In computing the period of limitation prescribed for any suit, the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or in a Court of Appeal, against the defendant shall be excluded where the proceeding is founded upon the same cause of action and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause 6f a like nature, is unable to entertain it.
Explanation 1.--In excluding the time during which a former suit was pending, the day on which that suit was instituted and the day on which the proceedings therein ended shall both be counted.
Explanation 2.--A plaintiff resisting an appeal presented on the ground of want of jurisdiction shall be deemed to be prosecuting a suit within the meaning of this section.
15. Exclusion of time during which commencement of suit is stayed by injunction or order.
In computing the period of limitation prescribed for any suit, the institution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn shall be excluded.
16. Exclusion of time during which judgment debtor is attempting to set aside execution-sale.
In computing the period of limitation prescribed for a suit for possession by a purchaser at a sale in execution of a decree, the time during which the judgment debtor has been prosecuting a proceeding to set aside the sale shall be excluded.
17. Effect of death before right to sue accrues.
(1) When a person who would, if he were living, have a right to institute a suit or make an application, dies before the right accrues, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting or making such suit or application.
(2) When a person against whom, if he were living, a right to institute a suit or make an application would have accrued, dies before the right accrues, the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom the plaintiff may institute or make such suit or application.
(3) Nothing in sub-section (1) applies to suits for the possession of immovable property.
18. Effect of fraud.
When any person having a right to institute a suit has by means of fraud been kept from the knowledge of such right or of the title on which it is founded, or where any document necessary to establish such right has been fraudulently concealed from him, the time limited for instituting a suit--
(a)against the person guilty of the fraud or accessory thereto; or
(b)against any person claiming through him otherwise than in good faith and for a valuable consideration;
shall be computed from the time when the fraud first became known to the person injuriously affected thereby or, in the case of the concealed document, when he first had the means of producing it or compelling its production.
19. Effect of acknowledgment in writing.
(1) If before the expiration of the period prescribed for a suit in respect of any property or right an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed or by some person through whom he derives title or liability, a new period of limitation, according to the nature of the original liability, shall be computed from the time when the acknowledgment was so signed.
(2) When the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but oral evidence of its contents shall not be received.
Explanation 1.--For the purpose of this section, an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right or avers that the time for payment, delivery, performance or enjoyment has not yet come, or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to a set-off, or is addressed to a person other than the person entitled to the property or right.
Explanation 2.--In this section "signed" means signed either personally or by an agent duly authorised in this behalf.
20. Effect of payment of interest as such.
(1) When interest on a debt or legacy is, before the expiration of the prescribed period, paid as such by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, or when part of the principal of a debt is before the expiration of the prescribed period paid by the debtor or by his agent duly authorised in this behalf, a new period of limitation, according to the nature of the original liability, shall be computed from the time when the payment was made:
Provided that, in the case of part payment of the principal of a debt, the fact of the payment appears in the hand-writing of the person making the same.
(2) Effect of receipt of produce of mortgaged or charged land. Where mortgaged or charged land is in the possession of the mortgagee or chargee, the receipt of the produce of such land shall be deemed to be a payment for the purpose of this section.
21. One of several joint contractors, etc., not chargeable by reason of acknowledgment or payment made by another of them.
Nothing in sections 19 and 20 renders one of several joint contractors, partners, executors, mortgagees or chargees chargeable by reason only of a written acknowledgment signed or of a payment made by or by the agent of any other or others of them.
22. Effect of substituting or adding new plaintiff or defendant.
When after the institution of a suit a new plaintiff or defendant is substituted or added, the suit shall as regards him be deemed to have been instituted when he was so made a party:
Proviso where original plaintiff dies. Provided that when a plaintiff dies and the suit is continued by his legal representative, it shall as regards him be deemed to have been instituted when it was instituted by the deceased plaintiff:
Proviso where original defendant dies. Provided further that when a defendant dies and the suit is continued against his legal representative, it shall as regards him be deemed to have been instituted against the deceased defendant.
23. Continuing breaches and wrongs.
In the case of a continuing breach of contract, and in the case of a continuing wrong independent of contract, a fresh period of limitation begins to run at every moment of the time during which the breach or the wrong, as the case may be, continues.
24. Suit for compensation for act not actionable without special damage.
In the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results.
25. Computation of time mentioned in instrument. All instruments shall for the purposes of this Ordinance be deemed to be made with reference to the Gregorian calendar.
PART IV. RIGHTS EXTINGUISHED.
26. Right of person out of possession extinguished.
At the determination of the period limited by this Ordinance to any person for instituting a suit to recover possession of immovable property the right and title of such person to the immovable property, for the recovery whereof such suit might have been instituted within such period, shall be extinguished.
SCHEDULE. (SECTIONS 3 AND 6 (1)).
Description of Suit. Period of Limitation. Time from which period begins to run.
PART I.--ONE YEAR.
1. Upon a Statute, Act, Regulation or By-law, for a penalty or forfeiture. One year When the penalty or forfeiture is incurred.
2. For the wages of a household servant, artisan or a labourer. Ditto When the wages accrue due.
3. For the price of food or drink sold by the keeper of a hotel, tavern or lodging-house. Ditto When the food or drink is delivered.
4. For the price of lodging … … … Ditto When the price becomes payable.
5. To set aside any of the following sales-- Ditto When the sale is confirmed, or would otherwise have become final and conclusive had no such suit been brought.
(a) Sale in execution of a decree of a Civil Court;
(b) Sale in pursuance of the order of a Collector or other officer of revenue;
(c) Sale for arrears of Government revenue, or for any demand recoverable as such arrears.
6. Against Government to set aside any attachment, lease or transfer of immovable property, by the Revenue authorities for arrears of Government revenue. Ditto When the attachment, lease or transfer is made.
7. Against Government to recover money paid under protest in satisfaction of a claim made by the Revenue authorities on account of arrears of revenue or on account of demands recoverable as such arrears. One Year. When the payment is made.
8. For compensation for false imprisonment … Ditto When the imprisonment ends.
9. For compensation for injury to the person … Ditto When the injury is committed.
10. For compensation for a malicious prosecution Ditto When the plaintiff is acquitted, or the prosecution is otherwise terminated.
11. For compensation for libel … … … Ditto When the libel is published.
12. For compensation for slander … … … Ditto When the words are spoken, or if the words are not actionable in themselves, when the special damage complained of results.
13. For compensation for loss of service occasioned by the seduction of the plaintiff's servant or daughter. Ditto When the loss occurs.
14. For compensation for inducing a person to break a contract with the plaintiff. Ditto The date of the breach.
15. For compensation for an illegal, irregular or excessive distress. Ditto The date of the distress.
16. For compensation for wrongful seizure of movable property under legal process. Ditto The date of the seizure.
PART II.--TWO YEARS.
17. Against a carrier for compensation for losing or injuring goods. Two years When the loss or injury occurs.
18. Against a carrier for compensation for delay in delivering goods. Ditto When the goods ought to have been delivered.
19. Against one who having a right to use property for specific purposes, perverts it to other purposes. Ditto When the perversion first becomes known to the person injured thereby.
20. For compensation for any malfeasance, misfeasance or nonfeasance independent of contract and not herein specially provided for. Ditto When the malfeasance, misfeasance or nonfeasance takes place.
PART III.--THREE YEARS.
21. For the hire of animals, vehicles, boats or household furniture. Three years When the hire becomes payable.
22. For the balance of money advanced in payment of goods to be delivered. Ditto When the goods ought to have been delivered.
23. For the price of goods sold and delivered, where no fixed period of credit is agreed upon. Ditto The date of the delivery of the goods.
24. For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit. Ditto When the period of credit expires.
25. For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given. Ditto When the period of the proposed bill elapses.
26. For the price of trees or growing crops sold by plaintiff to the defendant, where no fixed period of credit is agreed upon. Ditto The date of the sale.
27. For the price for work done by the plaintiff for the defendant at his request, where no time has been fixed for payment. Ditto When the work is done.
28. For compensation for obstructing a way or a water course. Ditto The date of the obstruction.
29. For compensation for diverting a water course Ditto The date of the diversion.
30. For compensation for trespass upon immovable property. Ditto The date of the trespass.
31. For compensation for infringing copyright or any other exclusive privilege. Ditto The date of the infringement.
32. To restrain waste … … … … Ditto When the waste begins.
33. For compensation for injury caused by an injunction wrongfully obtained. Ditto When the injunction ceases.
34. To compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets. Ditto The date of the payment or distribution.
35. By a ward who has attained majority, to set aside a sale by his guardian. Ditto When the ward attains majority.
36. By any person bound by an order respecting the possession of property made by a magistrate. Ditto The date of the final order in the case.
37. For specific movable property lost, or acquired by theft or dishonest misappropriation or conversion, or for compensation for wrongfully taking or detaining the same. Ditto When the person having the right to the possession of the property first learns in whose possession it is.
38. For other specific movable property, or for compensation for wrongfully taking or injuring or wrongfully detaining the same. Three When the property is wrongfully taken or injured, or when the detainer's possession becomes unlawful.
39. For money payable for money lent … … Ditto When the loan is made.
40. Like suit when the lender has given a cheque for the money. Ditto When the cheque is paid.
41. For money lent under an agreement that it shall be payable on demand. Ditto When the loan is made.
42. For money deposited under an agreement that it shall be payable on demand. Ditto When the demand is made.
43. For money payable to the plaintiff for money paid for the defendant. Ditto When the money is paid . 44. For money payable by the defendant to the plaintiff for money received by the defendant for the plaintiff's use. Ditto When the money is received.
45. For money payable for interest upon money due from the defendant to the plaintiff. Ditto When the interest becomes due
. 46. For money payable to the plaintiff for money found to be due from the defendant to the plaintiff on accounts stated between them. Ditto When the accounts are stated in writing signed by the defendant or his agent duly authorised in this behalf, unless where the debt is, by a simultaneous agreement in writing signed as aforesaid, made payable at a future time, and then when that time arrives.
47. For compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency. Ditto When the time specified arrives or the contingency happens.
48. On a single bond, where a day is specified for payment. Ditto The day so specified.
49. On a single ond, where no such day is specified. Ditto The date of executing the bond.
50. On a bond subject to a condition … … Ditto When the condition is broken.
51. On a bill of exchange or promissory note payable at a fixed time after date. Ditto When the bill or note falls due.
52. On a bill of exchange payable at sight, or after sight, but not at a fixed time. Ditto When the bill is presented.
53. On a bill of exchange accepted payable at a particular place. Ditto When the bill is presented at that place.
54. On a bill of exchange or promissory note payable at a fixed time after sight or after demand. Ditto When the fixed time expires.
55. On a bill of exchange or promissory note payable on demand, and not accompanied by any writing restraining or postponing the right to sue. Ditto The date of the bill or note.
56. On a promissory note or bond payable by instalments. Ditto The expiration of the first term of payment, as to the part then payable; and for the other parts, the expiration of the respective terms of payment.
57. On a promissory note or bond payable by instalments which provides that, if default be made in payment of one instalment, the whole shall be due. Ditto When the first default is made, unless where the payee or obligee waives the benefit of the provision, and then when fresh default is made in respect of which there is no such waiver.
58. On a promissory note given by the maker to a third person to be delivered to the payee after a certain event should happen. Ditto The date of the delivery to the payee.
59. On a dishonoured foreign bill where protest has been made and notice given. Ditto When the notice is given.
60. By the payee against the drawer of a bill of exchange which has been dishonoured by non-acceptance. Ditto The date of the refusal to accept.
61. By the acceptor of an accommodation bill against the drawer. Ditto When the acceptor pays the amount of the bill.
62. Suit on a bill of exchange, promissory note or bond not herein expressly provided for. Ditto When the bill, note or bond becomes payable.
63. By a surety against the principal debtor … Ditto When the surety pays the creditor.
64. By a surety against a co-surety … … Ditto When the surety pays anything in excess of his own share.
65. Upon any other contract to indemnify … Ditto When the plaintiff is actually damnified.
66. By an advocate for his costs of a suit or a particular business, there being no express agreement as to the time when such costs are to be paid. Ditto The date of the termination of the suit or business, or where the solicitor properly discontinues the suit or business, the date of such discontinuance.
67. For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties. Ditto The close of the year in which the last item admitted or proved is entered in the account; such year to be computed as in the account.
68. On a policy of insurance when the sum assured is payable immediately after proof of the death or loss has been given to or received by the insurers. Three When proof of the death or loss is given or received to or by the insurers, whether by or from the plaintiff, or any other person.
69. By the assured to recover premia paid under a policy voidable at the election of the insurers. Ditto When the insurers elect to void the policy.
70. Against a factor for an account … … Ditto When the account is, during the continuance of the agency, demanded and refused, or, where no such demand is made, when the agency terminates.
71. By a principal against his agent for movable property received by the latter and not accounted for. Ditto When the account is, during the continuance of the agency, demanded and refused, or, where no such demand is made, when the agency terminates.
72. Other suits by principals against agents far neglect or misconduct. Ditto When the neglect or misconduct be conies known to the plaintiff.
73. To cancel or set aside an instrument not otherwise provided for. Ditto When the facts entitling the plaintiff to have the instrument cancelled or set aside become known to him.
74. To declare the forgery of on instrument issued or registered. Ditto When the issue or registration becomes known to the plaintiff.
75. To declare the forgery of an instrument attempted to be enforced against the plaintiff. Ditto The date of the attempt.
76. For property which the plaintiff has conveyed while insane. Ditto When the plaintiff is restored to sanity, and has knowledge of the conveyance . 77. To set aside a decree obtained by fraud or for other relief on the ground of fraud. Ditto When the fraud becomes known to the party wronged.
78. For relief on the ground of mistake … … Ditto When the mistake becomes known to the plaintiff.
79. For money paid upon an existing consideration which afterwards fails. Ditto The date of the failure.
80. To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust. Ditto The date of the trustee's death, or, if the loss has not then resulted, the date of the loss.
81. For contribution by a party who has paid the whole amount due under a joint decree, or by a sharer in a joint estate who has paid the whole amount of revenue due from himself and his co-sharers. Ditto The date of the plaintiff's advance in excess of his own share.
82. By a co-trustee to enforce against the estate of a deceased trustee a claim for contribution. Ditto When the right to contribution accrues.
83. For a seaman's wages … … … … Ditto The end of the voyage during which the wages are earned.
84. For wages not otherwise expressly provided for by this Schedule. Ditto When the wages accrue due.
85. By a mortgagor or chargor after the mortgage or charge has been satisfied, to recover surplus collections received by the mortgagee or chargee. Ditto When the mortgagor or chargor reenters on the mortgaged or churned property . 86. For an account and a share of the profits of a dissolved partnership. Ditto The date of the dissolution.
87. By a lessor for the value of trees cut down by his lessee contrary to the terms of the lease. Ditto When the trees are cut down.
88. For the profits of immovable property belonging to the plaintiff which have been wrongfully received by the defendant. Ditto When the profits are received, or where the plaintiff has been dispossessed by a decree afterwards set aside on appeal, when he recovers possession.
89. For arrears of rent … … … … Ditto When the arrears become due.
90. By a vendor of immovable property, to enforce his lien for unpaid purchase-money. Ditto The time fixed for completing the sale, or, where the title is accepted after the time fixed for completion, the date of the acceptance.
91. For a call by a company registered under any Ordinance. Ditto When the call is payable.
92. For specific performance of a contract … Ditto The date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused.
93. For the rescission of a contract … … Ditto When the facts entitling the plaintiff to have the contract rescinded first become known to him.
94. For compensation for the breach of any contract, express or implied, not in writing and not herein specially provided for. Ditto When the contract is broken or, where there are successive breaches, when the breach in respect of which be suit is instituted occurs, or, where the breach is continuing, when it ceases.
PART IV.--SIX YEARS.
95. For compensation for the breach of a contract in writing. Six years When the period of limitation would beging to run against a suit brought on a similar contract not in writing.
96. Upon a foreign judgment … … … Ditto The date of the judgment.
97. Suit for which no period of limitation is provided elsewhere in this Schedule. Ditto When the right to sue accrues.
PART V.--TWELVE YEARS.
98. Upon a judgment obtained in the Colony or a recognizance. Twelve years The date of the judgment or recognizance.
99. For a legacy or for a share of a residue bequeathed by a testator, or for a distributive share of the property of an intestate. Ditto When the legacy or share becomes payable or deliverable.
100. To establish a periodically recurring right … Ditto When the plaintiff is first refused the enjoyment of the right.
101. To enforce payment of money charged upon immovable property. Ditto When the money sued for becomes due.
102. To recover movable property conveyed or bequeathed in trust, deposited or pawned and afterwards bought from the trustee, depositary or pawnee for a valuable consideration. Ditto The date of the purchase.
103. To recover possession of immovable property convoyed or bequeathed in trust, or mortgaged or charged, and afterwards purchased from the trustee or mortgagee or chargee for a valuable consideration. Ditto The date of the purchase.
104. Suit instituted by a mortgagee or chargee, fur possession of immovable property mortgaged or charged. Ditto When the mortgagor's or chargor's right to possession determines.
105. By a purchaser at a private sale for possession of immovable property sold when the vendor was out of possession at the date of the sale. Ditto When the vendor is first entitled to possession.
106. Like suit by a purchaser at a sale in execution of a decree, when the judgment-debtor was out of possession at the date of the sale. Ditto When the judgment-debtor is first entitled to possession.
107. By a purchaser of land at a sale in execution of a decree for possession of the purchased land, when the judgment-debtor was in possession at the date of the sale. Ditto The date of the sale.
108. By a landlord to recover possession from a tenant. Ditto When the tenancy is determined.
109. By a remainder-man, a reversioner other than a landlord, or a devisee, for possession of immovable property. Ditto When his estate falls into possession.
110. For possession of immovable property, when the plaintiff, while in possession of the property, has been dispossessed or has discontinued the possession. Ditto The date of the dispossession or discontinuance.
111. Like suit, when the plaintiff has become entitled by reason of any forfeiture or breach of condition. Ditto When the forfeiture is incurred or the condition is broken.
112. For possession of immovable property or any interest therein not hereby otherwise specially provided for. Ditto When the possession of the defendant becomes adverse to the plaintiff.
PART VI.--THIRTY YEARS.
13. Against a depositee or pawnee to recover movable property deposited or pawned. Thirty years The date of the deposit or pawn.
PART VII.--SIXTY YEARS.
114. By a mortgagee or chargee for foreclosure or sale. Sixty years When the money secured by the mortgage or charge becomes due.
115. Against a mortgagee or chargee to redeem or to recover possession of immovable property mortgaged or charged. Ditto When the right to redeem or to recover possession accrues.
Date-in-force 10TH DECEMBER, 1952.
INDEX.
PART I.
PRELIMINARY.
SECTION
1. Short title . 2. Interpretation.
PART II.
LIMITATION OF SUITS.
3. Dismissal of suits instituted after period of limitation.
4. Proviso where court is closed when period expires.
5. Special law of limitation.
6. Legal disability.
7. Disability of one joint-creditor.
8. Continuous running of time.
9. Suits against express trustees and their representatives.
10. Suits on foreign contracts.
PART III.
COMPUTATION OF PERIOD OF LIMITATION.
11. Exclusion of day on which right to sue accrues.
12. Exclusion of time of defendant's absence from the Colony.
13. Exclusion of occupation period.
14. Exclusion of time of proceeding bona fide in Court without jurisdiction.
15. Exclusion of time during which commencement of suit is stayed by injunction or order.
16. Exclusion of time during which judgment debtor is attempting to set aside execution-sale.
17. Effect of death before right to sue accrues.
18. Effect of fraud.
19. Effect of acknowledgment in writing.
20. Effect of payment of interest as such. Effect of part payment of principal.
21. One of several joint contractors, etc., not chargeable by reason of acknowledgment or payment made by another of them.
22. Effect of substituting or adding new plaintiff or defendant.
23. Continuing breaches and wrongs.
24. Suit for compensation for act not actionable without special damage.
25. Computation of time mentioned in instrument.
PART IV.
RIGHTS EXTINGUISHED . 26. Right of person out of possession extinguished.
SCHEDULE.
To regulate the limitation of suits.
[10TH DECEMBER, 1952.]
PART I. PRELIMINARY.
1. Short title.
This Ordinance may be cited as the Limitation Ordinance.
2. Interpretation.
In this Ordinance, unless there is something repugnant in the subject or context--
"bill of exchange" includes also a hoondee and a cheque;
"bond" includes any instrument whereby a person obliges himself to pay money to another on condition that the obligation shall be void if a specified act is performed or is not performed, as the case may be;
"defendant" includes also any person from or through whom a defendant derives his right liability to be sued;
"foreign country" means any country other than the Colony;
"plaintiff" includes also any person from or through whom a plaintiff derives his right to sue;
"promissory note" means any instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand or at sight;
"suit" includes any action or other proceeding;
"trustee" does not include a mortgagee or chargee remaining in possession after the mortgage or charge has been satisfied or a wrong-doer in possession without title.
Nothing shall be deemed to be done in "good faith" which is not done with due care and attention.
PART II. LIMITATION OF SUITS.
3. Dismissal of suits instituted after period of limitation.
Subject to sections 4 to 24, every suit instituted after the period of limitation prescribed therefor by the Schedule shall be dismissed:
Provided that limitation has been set up as a defence.
4. Proviso where court is closed when period expires.
If the period of limitation prescribed for any suit expires on a day when the court is closed, the suit may be instituted on the clay that the court re-opens.
5. Special law of limitation.
When by any special law now or hereafter in force in the Colony a period of limitation is especially prescribed for any suit, nothing herein contained shall affect or alter the period so prescribed.
6. Legal disability.
(1) Effect of part payment of principal. If a person entitled to institute a suit is at the time from which the period of limitation is to be reckoned a minor or insane or an idiot, he may institute the suit within the same period after the disability has ceased as would otherwise have been allowed from the time prescribed therefor in the third column of the Schedule.
(2) When he is at the time from which the period of limitation is to be reckoned affected by two such disabilities, or when before his disability has ceased he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased as would otherwise have been allowed from the time so prescribed.
(3) When his disability continues up to his death his legal representative may institute the suit or make the application within the same period after the death as would otherwise have been allowed from the time so prescribed.
(4) When such representative is at the date of the death affected by any such disability, the rules contained in subsections (1) and (2) shall apply . (5) Nothing in this section shall be deemed to extend for more than three years from the cessation of the disability, or the death of the person affected thereby, the period within which any suit must be instituted.
7. Disability of one joint-creditor.
(1) When one of several joint-creditors or claimants is under such disability, and when a discharge can be given without the concurrence of such person, time will run against them all.
(2) Where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others.
8. Continuous running of time.
(1) When once time has begun to run no subsequent disability or inability to sue stops it.
(2) Where letters of administration to the estate of a creditor have been granted to his debtor, the running of the time prescribed for a suit to recover the debt shall be suspended while the administration continues.
9. Suits against express trustees and their representatives.
Notwithstanding anything hereinbefore contained no suit against a person in whom property has become vested in trust for any specific purpose or against his legal representatives or assigns, not being assigns for valuable consideration, for the purpose of following in his or their hands such property, shall be barred by any length of time.
10. Suits on foreign contracts.
(1) Suits instituted in the Colony on contracts entered into in a foreign country are subject to the rules prescribed by this Ordinance.
(2) No foreign rule of limitation shall be a defence to a suit instituted in the Colony on a contract entered into in a foreign country, unless the rule has extinguished the contract and the parties were domiciled in such country during the period prescribed by such rule.
PART III. COMPUTATION OF PERIOD OF LIMITATION.
11. Exclusion of day on which right to sue accrues.
In computing the period of limitation prescribed for any suit, the day from which such period is to be reckoned shall be excluded.
12. Exclusion of time of defendant's absence from the Colony.
In computing any period of limitation prescribed by this Ordinance, the time during which the defendant has been absent out of the Colony shall be excluded from such computation, except any time during which service of a writ of summons or notice of a writ of summons to appear and answer in the suit can, during the absence of such defendant, be made in any mode prescribed by law.
13. Exclusion of occupation period.
(1) In computing the period of limitation in respect of any suit to which section 3 of the Restriction of Civil Jurisdiction and Registration Ordinance, 1946, applied, the period commencing on the twenty-fourth day of December, 1941, and ending on the fifteenth day of June, 1949, shall be excluded.
(2) In computing the period of limitation in respect of any suit other than a suit referred to in sub-section (1), the period commencing on the twenty-fourth day of December, 1941, and ending on the first day of March, 1946, shall be excluded.
14. Exclusion of time of proceeding bona fide in Court without jurisdiction.
In computing the period of limitation prescribed for any suit, the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or in a Court of Appeal, against the defendant shall be excluded where the proceeding is founded upon the same cause of action and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause 6f a like nature, is unable to entertain it.
Explanation 1.--In excluding the time during which a former suit was pending, the day on which that suit was instituted and the day on which the proceedings therein ended shall both be counted.
Explanation 2.--A plaintiff resisting an appeal presented on the ground of want of jurisdiction shall be deemed to be prosecuting a suit within the meaning of this section.
15. Exclusion of time during which commencement of suit is stayed by injunction or order.
In computing the period of limitation prescribed for any suit, the institution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn shall be excluded.
16. Exclusion of time during which judgment debtor is attempting to set aside execution-sale.
In computing the period of limitation prescribed for a suit for possession by a purchaser at a sale in execution of a decree, the time during which the judgment debtor has been prosecuting a proceeding to set aside the sale shall be excluded.
17. Effect of death before right to sue accrues.
(1) When a person who would, if he were living, have a right to institute a suit or make an application, dies before the right accrues, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting or making such suit or application.
(2) When a person against whom, if he were living, a right to institute a suit or make an application would have accrued, dies before the right accrues, the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom the plaintiff may institute or make such suit or application.
(3) Nothing in sub-section (1) applies to suits for the possession of immovable property.
18. Effect of fraud.
When any person having a right to institute a suit has by means of fraud been kept from the knowledge of such right or of the title on which it is founded, or where any document necessary to establish such right has been fraudulently concealed from him, the time limited for instituting a suit--
(a)against the person guilty of the fraud or accessory thereto; or
(b)against any person claiming through him otherwise than in good faith and for a valuable consideration;
shall be computed from the time when the fraud first became known to the person injuriously affected thereby or, in the case of the concealed document, when he first had the means of producing it or compelling its production.
19. Effect of acknowledgment in writing.
(1) If before the expiration of the period prescribed for a suit in respect of any property or right an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed or by some person through whom he derives title or liability, a new period of limitation, according to the nature of the original liability, shall be computed from the time when the acknowledgment was so signed.
(2) When the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but oral evidence of its contents shall not be received.
Explanation 1.--For the purpose of this section, an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right or avers that the time for payment, delivery, performance or enjoyment has not yet come, or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to a set-off, or is addressed to a person other than the person entitled to the property or right.
Explanation 2.--In this section "signed" means signed either personally or by an agent duly authorised in this behalf.
20. Effect of payment of interest as such.
(1) When interest on a debt or legacy is, before the expiration of the prescribed period, paid as such by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, or when part of the principal of a debt is before the expiration of the prescribed period paid by the debtor or by his agent duly authorised in this behalf, a new period of limitation, according to the nature of the original liability, shall be computed from the time when the payment was made:
Provided that, in the case of part payment of the principal of a debt, the fact of the payment appears in the hand-writing of the person making the same.
(2) Effect of receipt of produce of mortgaged or charged land. Where mortgaged or charged land is in the possession of the mortgagee or chargee, the receipt of the produce of such land shall be deemed to be a payment for the purpose of this section.
21. One of several joint contractors, etc., not chargeable by reason of acknowledgment or payment made by another of them.
Nothing in sections 19 and 20 renders one of several joint contractors, partners, executors, mortgagees or chargees chargeable by reason only of a written acknowledgment signed or of a payment made by or by the agent of any other or others of them.
22. Effect of substituting or adding new plaintiff or defendant.
When after the institution of a suit a new plaintiff or defendant is substituted or added, the suit shall as regards him be deemed to have been instituted when he was so made a party:
Proviso where original plaintiff dies. Provided that when a plaintiff dies and the suit is continued by his legal representative, it shall as regards him be deemed to have been instituted when it was instituted by the deceased plaintiff:
Proviso where original defendant dies. Provided further that when a defendant dies and the suit is continued against his legal representative, it shall as regards him be deemed to have been instituted against the deceased defendant.
23. Continuing breaches and wrongs.
In the case of a continuing breach of contract, and in the case of a continuing wrong independent of contract, a fresh period of limitation begins to run at every moment of the time during which the breach or the wrong, as the case may be, continues.
24. Suit for compensation for act not actionable without special damage.
In the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results.
25. Computation of time mentioned in instrument. All instruments shall for the purposes of this Ordinance be deemed to be made with reference to the Gregorian calendar.
PART IV. RIGHTS EXTINGUISHED.
26. Right of person out of possession extinguished.
At the determination of the period limited by this Ordinance to any person for instituting a suit to recover possession of immovable property the right and title of such person to the immovable property, for the recovery whereof such suit might have been instituted within such period, shall be extinguished.
SCHEDULE. (SECTIONS 3 AND 6 (1)).
Description of Suit. Period of Limitation. Time from which period begins to run.
PART I.--ONE YEAR.
1. Upon a Statute, Act, Regulation or By-law, for a penalty or forfeiture. One year When the penalty or forfeiture is incurred.
2. For the wages of a household servant, artisan or a labourer. Ditto When the wages accrue due.
3. For the price of food or drink sold by the keeper of a hotel, tavern or lodging-house. Ditto When the food or drink is delivered.
4. For the price of lodging … … … Ditto When the price becomes payable.
5. To set aside any of the following sales-- Ditto When the sale is confirmed, or would otherwise have become final and conclusive had no such suit been brought.
(a) Sale in execution of a decree of a Civil Court;
(b) Sale in pursuance of the order of a Collector or other officer of revenue;
(c) Sale for arrears of Government revenue, or for any demand recoverable as such arrears.
6. Against Government to set aside any attachment, lease or transfer of immovable property, by the Revenue authorities for arrears of Government revenue. Ditto When the attachment, lease or transfer is made.
7. Against Government to recover money paid under protest in satisfaction of a claim made by the Revenue authorities on account of arrears of revenue or on account of demands recoverable as such arrears. One Year. When the payment is made.
8. For compensation for false imprisonment … Ditto When the imprisonment ends.
9. For compensation for injury to the person … Ditto When the injury is committed.
10. For compensation for a malicious prosecution Ditto When the plaintiff is acquitted, or the prosecution is otherwise terminated.
11. For compensation for libel … … … Ditto When the libel is published.
12. For compensation for slander … … … Ditto When the words are spoken, or if the words are not actionable in themselves, when the special damage complained of results.
13. For compensation for loss of service occasioned by the seduction of the plaintiff's servant or daughter. Ditto When the loss occurs.
14. For compensation for inducing a person to break a contract with the plaintiff. Ditto The date of the breach.
15. For compensation for an illegal, irregular or excessive distress. Ditto The date of the distress.
16. For compensation for wrongful seizure of movable property under legal process. Ditto The date of the seizure.
PART II.--TWO YEARS.
17. Against a carrier for compensation for losing or injuring goods. Two years When the loss or injury occurs.
18. Against a carrier for compensation for delay in delivering goods. Ditto When the goods ought to have been delivered.
19. Against one who having a right to use property for specific purposes, perverts it to other purposes. Ditto When the perversion first becomes known to the person injured thereby.
20. For compensation for any malfeasance, misfeasance or nonfeasance independent of contract and not herein specially provided for. Ditto When the malfeasance, misfeasance or nonfeasance takes place.
PART III.--THREE YEARS.
21. For the hire of animals, vehicles, boats or household furniture. Three years When the hire becomes payable.
22. For the balance of money advanced in payment of goods to be delivered. Ditto When the goods ought to have been delivered.
23. For the price of goods sold and delivered, where no fixed period of credit is agreed upon. Ditto The date of the delivery of the goods.
24. For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit. Ditto When the period of credit expires.
25. For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given. Ditto When the period of the proposed bill elapses.
26. For the price of trees or growing crops sold by plaintiff to the defendant, where no fixed period of credit is agreed upon. Ditto The date of the sale.
27. For the price for work done by the plaintiff for the defendant at his request, where no time has been fixed for payment. Ditto When the work is done.
28. For compensation for obstructing a way or a water course. Ditto The date of the obstruction.
29. For compensation for diverting a water course Ditto The date of the diversion.
30. For compensation for trespass upon immovable property. Ditto The date of the trespass.
31. For compensation for infringing copyright or any other exclusive privilege. Ditto The date of the infringement.
32. To restrain waste … … … … Ditto When the waste begins.
33. For compensation for injury caused by an injunction wrongfully obtained. Ditto When the injunction ceases.
34. To compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets. Ditto The date of the payment or distribution.
35. By a ward who has attained majority, to set aside a sale by his guardian. Ditto When the ward attains majority.
36. By any person bound by an order respecting the possession of property made by a magistrate. Ditto The date of the final order in the case.
37. For specific movable property lost, or acquired by theft or dishonest misappropriation or conversion, or for compensation for wrongfully taking or detaining the same. Ditto When the person having the right to the possession of the property first learns in whose possession it is.
38. For other specific movable property, or for compensation for wrongfully taking or injuring or wrongfully detaining the same. Three When the property is wrongfully taken or injured, or when the detainer's possession becomes unlawful.
39. For money payable for money lent … … Ditto When the loan is made.
40. Like suit when the lender has given a cheque for the money. Ditto When the cheque is paid.
41. For money lent under an agreement that it shall be payable on demand. Ditto When the loan is made.
42. For money deposited under an agreement that it shall be payable on demand. Ditto When the demand is made.
43. For money payable to the plaintiff for money paid for the defendant. Ditto When the money is paid . 44. For money payable by the defendant to the plaintiff for money received by the defendant for the plaintiff's use. Ditto When the money is received.
45. For money payable for interest upon money due from the defendant to the plaintiff. Ditto When the interest becomes due
. 46. For money payable to the plaintiff for money found to be due from the defendant to the plaintiff on accounts stated between them. Ditto When the accounts are stated in writing signed by the defendant or his agent duly authorised in this behalf, unless where the debt is, by a simultaneous agreement in writing signed as aforesaid, made payable at a future time, and then when that time arrives.
47. For compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency. Ditto When the time specified arrives or the contingency happens.
48. On a single bond, where a day is specified for payment. Ditto The day so specified.
49. On a single ond, where no such day is specified. Ditto The date of executing the bond.
50. On a bond subject to a condition … … Ditto When the condition is broken.
51. On a bill of exchange or promissory note payable at a fixed time after date. Ditto When the bill or note falls due.
52. On a bill of exchange payable at sight, or after sight, but not at a fixed time. Ditto When the bill is presented.
53. On a bill of exchange accepted payable at a particular place. Ditto When the bill is presented at that place.
54. On a bill of exchange or promissory note payable at a fixed time after sight or after demand. Ditto When the fixed time expires.
55. On a bill of exchange or promissory note payable on demand, and not accompanied by any writing restraining or postponing the right to sue. Ditto The date of the bill or note.
56. On a promissory note or bond payable by instalments. Ditto The expiration of the first term of payment, as to the part then payable; and for the other parts, the expiration of the respective terms of payment.
57. On a promissory note or bond payable by instalments which provides that, if default be made in payment of one instalment, the whole shall be due. Ditto When the first default is made, unless where the payee or obligee waives the benefit of the provision, and then when fresh default is made in respect of which there is no such waiver.
58. On a promissory note given by the maker to a third person to be delivered to the payee after a certain event should happen. Ditto The date of the delivery to the payee.
59. On a dishonoured foreign bill where protest has been made and notice given. Ditto When the notice is given.
60. By the payee against the drawer of a bill of exchange which has been dishonoured by non-acceptance. Ditto The date of the refusal to accept.
61. By the acceptor of an accommodation bill against the drawer. Ditto When the acceptor pays the amount of the bill.
62. Suit on a bill of exchange, promissory note or bond not herein expressly provided for. Ditto When the bill, note or bond becomes payable.
63. By a surety against the principal debtor … Ditto When the surety pays the creditor.
64. By a surety against a co-surety … … Ditto When the surety pays anything in excess of his own share.
65. Upon any other contract to indemnify … Ditto When the plaintiff is actually damnified.
66. By an advocate for his costs of a suit or a particular business, there being no express agreement as to the time when such costs are to be paid. Ditto The date of the termination of the suit or business, or where the solicitor properly discontinues the suit or business, the date of such discontinuance.
67. For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties. Ditto The close of the year in which the last item admitted or proved is entered in the account; such year to be computed as in the account.
68. On a policy of insurance when the sum assured is payable immediately after proof of the death or loss has been given to or received by the insurers. Three When proof of the death or loss is given or received to or by the insurers, whether by or from the plaintiff, or any other person.
69. By the assured to recover premia paid under a policy voidable at the election of the insurers. Ditto When the insurers elect to void the policy.
70. Against a factor for an account … … Ditto When the account is, during the continuance of the agency, demanded and refused, or, where no such demand is made, when the agency terminates.
71. By a principal against his agent for movable property received by the latter and not accounted for. Ditto When the account is, during the continuance of the agency, demanded and refused, or, where no such demand is made, when the agency terminates.
72. Other suits by principals against agents far neglect or misconduct. Ditto When the neglect or misconduct be conies known to the plaintiff.
73. To cancel or set aside an instrument not otherwise provided for. Ditto When the facts entitling the plaintiff to have the instrument cancelled or set aside become known to him.
74. To declare the forgery of on instrument issued or registered. Ditto When the issue or registration becomes known to the plaintiff.
75. To declare the forgery of an instrument attempted to be enforced against the plaintiff. Ditto The date of the attempt.
76. For property which the plaintiff has conveyed while insane. Ditto When the plaintiff is restored to sanity, and has knowledge of the conveyance . 77. To set aside a decree obtained by fraud or for other relief on the ground of fraud. Ditto When the fraud becomes known to the party wronged.
78. For relief on the ground of mistake … … Ditto When the mistake becomes known to the plaintiff.
79. For money paid upon an existing consideration which afterwards fails. Ditto The date of the failure.
80. To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust. Ditto The date of the trustee's death, or, if the loss has not then resulted, the date of the loss.
81. For contribution by a party who has paid the whole amount due under a joint decree, or by a sharer in a joint estate who has paid the whole amount of revenue due from himself and his co-sharers. Ditto The date of the plaintiff's advance in excess of his own share.
82. By a co-trustee to enforce against the estate of a deceased trustee a claim for contribution. Ditto When the right to contribution accrues.
83. For a seaman's wages … … … … Ditto The end of the voyage during which the wages are earned.
84. For wages not otherwise expressly provided for by this Schedule. Ditto When the wages accrue due.
85. By a mortgagor or chargor after the mortgage or charge has been satisfied, to recover surplus collections received by the mortgagee or chargee. Ditto When the mortgagor or chargor reenters on the mortgaged or churned property . 86. For an account and a share of the profits of a dissolved partnership. Ditto The date of the dissolution.
87. By a lessor for the value of trees cut down by his lessee contrary to the terms of the lease. Ditto When the trees are cut down.
88. For the profits of immovable property belonging to the plaintiff which have been wrongfully received by the defendant. Ditto When the profits are received, or where the plaintiff has been dispossessed by a decree afterwards set aside on appeal, when he recovers possession.
89. For arrears of rent … … … … Ditto When the arrears become due.
90. By a vendor of immovable property, to enforce his lien for unpaid purchase-money. Ditto The time fixed for completing the sale, or, where the title is accepted after the time fixed for completion, the date of the acceptance.
91. For a call by a company registered under any Ordinance. Ditto When the call is payable.
92. For specific performance of a contract … Ditto The date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused.
93. For the rescission of a contract … … Ditto When the facts entitling the plaintiff to have the contract rescinded first become known to him.
94. For compensation for the breach of any contract, express or implied, not in writing and not herein specially provided for. Ditto When the contract is broken or, where there are successive breaches, when the breach in respect of which be suit is instituted occurs, or, where the breach is continuing, when it ceases.
PART IV.--SIX YEARS.
95. For compensation for the breach of a contract in writing. Six years When the period of limitation would beging to run against a suit brought on a similar contract not in writing.
96. Upon a foreign judgment … … … Ditto The date of the judgment.
97. Suit for which no period of limitation is provided elsewhere in this Schedule. Ditto When the right to sue accrues.
PART V.--TWELVE YEARS.
98. Upon a judgment obtained in the Colony or a recognizance. Twelve years The date of the judgment or recognizance.
99. For a legacy or for a share of a residue bequeathed by a testator, or for a distributive share of the property of an intestate. Ditto When the legacy or share becomes payable or deliverable.
100. To establish a periodically recurring right … Ditto When the plaintiff is first refused the enjoyment of the right.
101. To enforce payment of money charged upon immovable property. Ditto When the money sued for becomes due.
102. To recover movable property conveyed or bequeathed in trust, deposited or pawned and afterwards bought from the trustee, depositary or pawnee for a valuable consideration. Ditto The date of the purchase.
103. To recover possession of immovable property convoyed or bequeathed in trust, or mortgaged or charged, and afterwards purchased from the trustee or mortgagee or chargee for a valuable consideration. Ditto The date of the purchase.
104. Suit instituted by a mortgagee or chargee, fur possession of immovable property mortgaged or charged. Ditto When the mortgagor's or chargor's right to possession determines.
105. By a purchaser at a private sale for possession of immovable property sold when the vendor was out of possession at the date of the sale. Ditto When the vendor is first entitled to possession.
106. Like suit by a purchaser at a sale in execution of a decree, when the judgment-debtor was out of possession at the date of the sale. Ditto When the judgment-debtor is first entitled to possession.
107. By a purchaser of land at a sale in execution of a decree for possession of the purchased land, when the judgment-debtor was in possession at the date of the sale. Ditto The date of the sale.
108. By a landlord to recover possession from a tenant. Ditto When the tenancy is determined.
109. By a remainder-man, a reversioner other than a landlord, or a devisee, for possession of immovable property. Ditto When his estate falls into possession.
110. For possession of immovable property, when the plaintiff, while in possession of the property, has been dispossessed or has discontinued the possession. Ditto The date of the dispossession or discontinuance.
111. Like suit, when the plaintiff has become entitled by reason of any forfeiture or breach of condition. Ditto When the forfeiture is incurred or the condition is broken.
112. For possession of immovable property or any interest therein not hereby otherwise specially provided for. Ditto When the possession of the defendant becomes adverse to the plaintiff.
PART VI.--THIRTY YEARS.
13. Against a depositee or pawnee to recover movable property deposited or pawned. Thirty years The date of the deposit or pawn.
PART VII.--SIXTY YEARS.
114. By a mortgagee or chargee for foreclosure or sale. Sixty years When the money secured by the mortgage or charge becomes due.
115. Against a mortgagee or chargee to redeem or to recover possession of immovable property mortgaged or charged. Ditto When the right to redeem or to recover possession accrues.
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