limitation act 1935-1978

Approved for Reprint 5 May 1983.

WESTERN AUSTRALIA.

LIMITATION ACT 1935-1978.

ARRANGEMENT.

Sec.1. Short title.2. Repeal.3. Interpretation.4. No land or rent to be recovered but within 12 years after the right of

action accrued.5. When the right shall be deemed to have accrued.

(a) In the case of an estate in possession.On dispossession.

(b) On abatement or death.(c) On alienation.(d) In case of future estates.(e) In case of forfeiture or breach of condition.When right of entry shall be deemed to have accrued.

6. Where advantage of forfeiture is not taken by remainderman, he shallhave a new right when his estate comes into possession.

7. Provision for case of future estates. Time limited to 6 years when personentitled to the particular estate out of possession, etc.

8. An administrator to claim as if he obtained the estate without intervalafter the death of deceased.

9. In the case of a tenant at will, the right shall be deemed to have accruedat the end of one year.

10. No person after a tenancy from year to year, to have any right but fromthe end of the first year or last payment of rent.

11. Where rent amounting to $2 reserved by a lease has been wrongfullyreceived no right to accrue on determination of the lease.

12. A mere entry not to be deemed possession.13. No right to be preserved by continual claim.14. Possession of one coparcener, etc., not to be the possession of the others.15. Acknowledgment in writing given to the person entitled or his agent, to

be equivalent to possession or receipt of rent.16. In cases of infancy, etc., 6 years to be allowed from the termination of

the disability or previous death.17. No time to be allowed for absence beyond seas.18. 30 years utmost allowance for disabilities.19. No further time to be allowed for a succession of disabilities.20. When the right to an estate in possession is barred the right of the same

person to future estates also barred.21. Where tenant in tail is barred, remaindermen whom he might have barred

shall not recover.25082/4/83

ii

ARRANGEMENT-continued.Sec.22. Possession adverse to a tenant in tail, shall run on against the remainder-

men whom he might have barred.23. Possession under an assurance by a tenant in tail.24. No suit in equity to be brought after the time when the plaintiff might

have brought an action at law.25. In cases of express trust, the right shall not be deemed to have accrued

until a conveyance to a purchaser.26. Time for recovering charge and arrears of interest not to be enlarged by

express trust for raising same.27. In cases of fraud no time shall run whilst the fraud remains concealed.28. Saving the jurisdiction of equity on the ground of acquiescence or other-

wise.29. Mortgagor to be barred at end of 12 years from the time when the

mortgagee took possession or from the last written acknowledgment.30. At the end of the period of limitation the right of the party out of

possession to be extinguished.31. Receipt of rent to be deemed receipt of profits.32. Money charged upon land and legacies to be deemed satisfied at the

end of 12 years if no interest paid nor acknowledgment given.33. Claims to estate of intestates.34. No arrears of rent or interest to be recovered for more than 6 years.35. Mortgagees may bring actions to recover land within 12 years after last

payment of principal or interest.36. No title by adverse possession against Crown.37. Actions on penal Statutes.37A. Actions to recover moneys paid as taxes, fees, etc.38. Limitation of time for commencing other actions and suits.

Arrears of interest not recoverable after 6 years.39. Except absence beyond seas.40. Persons under disability allowed time from removal of disability.41. Extension of time where person liable is beyond the seas.42. Meaning of expression "beyond the seas".43. No extension of time against a joint debtor not beyond the seas.44. (1) Effect of acknowledgment, etc., preserved except in certain cases.

(2) Indorsements of payments by creditor on bills of exchange notsufficient.

(3) Acknowledgment not sufficient unless in writing.(4) Effect of acknowledgment in actions of covenant etc., under section

38.(5) Part payment by one contractor not to prevent bar in favour of

another.45. Judgment may be recovered against some co-defendants.46. Limitation to apply to counter-claim and set-off.47. Trustees may plead Statute of Limitations in certain cases.

Actions Against Public Authorities.47A. Protection of persons acting in execution of statutory or other public duty.48. Crown not affected, except as expressly provided.48A. Amendments contained in Second Schedule.49. Exception of cases provided for by other Acts.

SCHEDULES.

Approved for Reprint 5 May 1983.

WESTERN AUSTRALIA.

LIMITATION.26° Geo. V., No. XXXV.

No. 35 of 1935'.

(Affected by Act No. 113 of 1965.)

[As amended by Acts:No. 73 of 19542, assented to 14 January 1955;No. 46 of 1972', assented to 18 September 1972;No. 45 of 1978, assented to 29 August 1978;

and reprinted pursuant to the Amendments Incorporation Act1938.]

AN ACT to consolidate and amend the Law relatingto the Limitation of Time for commencingActions and Suits.

[Assented to 7 January 1936.]

BE it enacted

1. This Act may be cited as the Limitation Act short title.1935-1978, and shall come into force on a day to befixed by proclamation.

2. The Acts mentioned in the First Schedule to Repeal.

this Act, to the extent thereby expressed to be Amended by

repealed, are hereby repealed. 1954, 5, 3.

1 Came into operation 14 April 1936; see G.G. 9/4/36, p. 527.2 Came into operation 1 March 1955; see G.G. 18/2/55, p. 343.

Came into operation 1 November 1972; see G.G. 13/10/72, p. 4069

2 Limitation.

Interpreta-tion.

3 & 4 Will.IV., c. 27,S. 1.(Adopted by6 Will. IV.,No. 4.)Victoria No.3754, s. 274.

3. In this Act unless inconsistent with thecontext or subject matter

"Action" means a civil proceeding commenced,in the Supreme Court by writ or in suchother manner as may be prescribed by Rulesof Court, or in a Local Court or otherinferior court in the manner prescribed byor under the Act conferring jurisdiction onsuch court.

"Land" includes messuages and all corporealhereditaments whatsoever, and any share,estate, or interest in them or any of them,whether the same is a freehold or chattelinterest, and whether freehold or heldaccording to any other tenure.

"Person" includes a body corporate, and a classof persons as well as an individual.

The person through whom anotherperson is said to claim, means any personby, through, or under, or by the act ofwhom, the person so claiming becameentitled in any capacity to the estate orinterest claimed.

"Rent" includes all annuities and periodicalsums of money charged upon or payableout of any land.

No land or 4. No person shall make an entry or distress, orrent to berecovered

within bring an action to recover any land or rent, butin12 years within twelve years next after the time at whichafter theright of the right to make such entry or distress, or to bringactionaccrued, such action, shall have first accrued to some person42 Vict., No.6, s. 1. through whom he claims; or if such right shall not37 and 33Viet., c. 57 have accrued to any person through whom he(Impl.),s. 1. claims, then within twelve years next after the timeVictoria, No. at which the right to make such entry or distress,3754, x.276. or to bring such action, shall have first accrued to

the person making or bringing the same.

Limitation. 3

5. In the construction of this Act, the right to When theright shot/

make an entry or distress, or bring an action to be deemedto have

recover land or rent, shall be deemed to have first accred.3 & 4u Will.

accrued at such time as hereinafter is mentioned, c. 27,s. 3.

that is to say:— (Adopted by6 Will. IV.,No. 4.)(a) When the person claiming such land or Victoria No.

rent, or some person through whom he 3754, 5.277.

claims, has, in respect of the estate orinterest claimed, been in possession or in In the case

of an estatereceipt of the profits of such land, or in in pnosses-

sioreceipt of such rent, and while entitledthereto has been dispossessed -On dis

c or has possession.discontinued such possession or receipt,then such right shall be deemed to havefirst accrued at the time of such disposses-sion or discontinuance of possession, or atthe last time at which any such profits orrent were or was so received.

(b) When the person claiming such land orrent claims the estate or interest of somedeceased person who has continued in suchpossession or receipt in respect of the sameestate or interest until the time of his death,and has been the last person entitled tosuch estate or interest who has been in suchpossession or receipt, then such right shallbe deemed to have first accrued at the timeof such death.

When the person claiming such land or rentclaims in respect of an estate or interest inpossession granted, appointed, or otherwiseassured by any instrument (other than awill) to him or some person through whomhe claims, by a person being in respect ofthe same estate or interest in the possessionor receipt of the profits of the land, or inthe receipt of the rent, and no personentitled under such instrument has beenin such possession or receipt, then suchright shall be deemed to have first accruedat the time at which the person claimingas aforesaid, or the person through whomhe claims, became entitled to such posses-sion or receipt by virtue of such instrument.

(c)

On abate-ment ordeath.

On aliena-tion.

4 Limitation.

In case offutureestates.

In case offorfeitureor breachof condition.

When rightof entryshall bedeemed tohaveaccrued.

(d) When the estate or interest claimed hasbeen an estate or interest in reversion orremainder, or other future estate orinterest, and no person has obtained thepossession or receipt of the profits of suchland, or the receipt of such rent in respectof such estate or interest, then such rightshall be deemed to have first accrued at thetime at which such estate or interestbecame an estate or interest in possession.

(e) When the person claiming such land orrent, or the person through whom heclaims, has become entitled by reason ofany forfeiture or breach of condition, thensuch right shall be deemed to have firstaccrued when such forfeiture was incurredor such condition was broken.

For the purposes of this section, the right to makean entry, or bring an action to recover any land, hasnot and shall not be deemed to have first accruedto any person in any case, whether or not suchperson has been in possession or receipt of the rentsand profits of such land, until such land is in theactual possession of some person not entitled to suchpossession, and any land not in the actual possessionof any person shall be deemed to be in the possessionof the person entitled to such possession.

Where ad-vantage of 6. Provided always that when any right to makeforfeiture isnot taken an entry or distress or to bring an action to recoverby remain-derman, he any land or rent by reason of any forfeiture orshall have anew right breach of condition has first accrued in respect ofwhen hisestate comes any estate or interest in reversion or remainder, andintoposses-sion. the land or rent has not been recovered by virtue3& 4 Will. of such right, the right to make an entry or distressIV., c. 27,s. 4. or bring an action to recover such land or rent shallVictoria No.3754, s. 278. be deemed to have first accrued in respect of such

estate or interest at the time when the same shallhave become an estate or interest in possession, asif no such forfeiture or breach of condition hadhappened.

Limitation. 5

7. A right to make an entry or distress, or to LT vciassiemoi

bring an action to recover any land or rent, shall fetstrees.

be deemed to have first accrued in respect of an g2sV12e.t., No.

estate or interest in reversion or remainder, or other Vicatode327

future estate or interest, at the time at which the s. 2.

same shall have become an estate or interest in Ygrsr.ig.°'possession, by the determination of any estate orestates in respect of which such land shall have beenheld, or the profits thereof or such rent shall havebeen received, notwithstanding the person claimingsuch land or rent, or some person through whom heclaims, shall at any time previously to the creationof the estate or estates which shall have determined,have been in the possession or receipt of the profitsof such land, or in receipt of such rent:

Provided that if the person last entitled to any Tc!6; errs' t e d

particular estate on which any future estate or nihttgirt?interest was expectant shall not have been in thepossession or receipt of the profits of such land, or gr,%::),',1in receipt of such rent, at the time when his interest sI"• etc.determined, no such entry or distress shall be made,and no such action shall be brought, by any personbecoming entitled in possession to a future estateor interest, but within twelve years next after thetime when the right to make an entry or distress, orto bring an action for the recovery of such land orrent, shall have first accrued to the person whoseinterest shall have so determined, or within six yearsnext after the time when the estate of the personbecoming entitled in possession shall have becomevested in possession, whichever of those two periodsshall be the longer.

Provided also that if the right of any such personto make such entry or distress, or to bring any suchaction, shall have been barred under this Act, noperson afterwards claiming to be entitled to the sameland or rent in respect of any subsequent estateor interest under any deed, will, or settlement,executed or taking effect after the time when a rightto make an entry or distress, or to bring an actionfor the recovery of such land or rent, shall have firstaccrued to the owner of the particular estate whose

6 Limitation.

interest shall have so determined as aforesaid, shallmake any such entry or distress, or bring any suchaction to recover such land or rent.

An adminis- 8. For the purposes of this Act an administratortrator toclaim as if claiming the estate or interest of the deceasedhe obtained

witthehoutestate person of whose property he is appointed adminis-

interval after trator shall be deemed to claim as if there had beenthe deathof deceased• no interval of time between the death of such3 & 4 WiltI V., c. 27, deceased person and the grant of the letters of. 6.Victoria, No. administration.3754, s. 280.

In the case 9. When any person is in possession or in receiptof a tenantat will,,, the of the profits of any land, or in receipt of any rent,right shallbe deemed as tenant at will, the right of the person entitledto have

tahe eccru

nd ofed at subject thereto, or of the person through whom he

one year. claims, to make an entry or distress or bring an3 & 4 Will.IV., c. 27, action to recover such land or rent, shall be deemeds. 7.Victoria No. to have first accrued, either at the determination of3754, s. 281. such tenancy or at the expiration of one year next

after the commencement of such tenancy, at whichtime such tenancy shall be deemed to have deter-mined.

Provided always that no mortgagor or cestui quetrust shall be deemed to be a tenant at will, withinthe meaning of this section, to his mortgagee ortrustee.

No personafter a ten- 10. When any person is in possession or in

fmyear to year, receipt of the profits of any land, or in receipt of anyto haveright but rent, as tenant from year to year or other period,from theend of the without any lease in writing, the right of the personfirstyear orlast pay- entitled subject thereto, or of the person throughment of3 & 4 Wi rent.ll. whom he claims, to make an entry or distress or toSI V., c. 27, bring an action to recover such land or rent, shall. 8.Victoria, No. be deemed to have first accrued at the determina-3754, s. 282.

tion of the first of such years or other periods, orat the last time when any rent payable in respectof such tenancy has been received (whichever lasthappens).

Limitation. '7

11. When any person is in possession or in Where rentamounting

receipt of the profits of any land, or in receipt of any to $2 re-served by a

rent, by virtue of a lease in writing, by which a lease hasbeen wrong-

rent amounting to the yearly sum of two dollars or fully re-ceived no

upwards is reserved, and the rent reserved by right taccrue

oon

such lease has been received by some person wrong- determina-tion of the

fully claiming to be entitled to such land or rent in ;;mended byreversion immediately expectant on the determina- Act No. /13

of 1965, S. 8.tion of such lease, and no payment in respect of 3& 4 will.I V., c. 27,the rent reserved by such lease has afterwards been s. 9.

made to the person rightfully entitled thereto, the Victoria, No.3754, s. 283.

right of the person entitled to such land or rentsubject to such lease, or of the person through whomhe claims, to make an entry or distress or to bringan action after the determination of such lease, shallbe deemed to have first accrued at the time at whichthe rent reserved by such lease was first so receivedby the person wrongfully claiming as aforesaid; andno such right shall be deemed to have first accruedupon the determination of such lease to the personrightfully entitled.

12. No person shall be deemed to have been in nAontigeneentry

possession of any land within the meaning of this pdoeessmesedon.

Act merely by reason of having made an entry there- 2711.on.

Victoria, No.3754, s. 284.

13. No continual or other claim upon or near any be preservoedland shall preserve any right of making an entry or afiftinualdistress or of bringing an action. 3 & 4 Will.

IV., c. 27,s. 11.Victoria, No.3754, 5. 285.

14. When any one or more of several persons en- Frosxsiontitled to any land or rent as coparceners, joint ten- coparcener,

ants, or tenants in common, have been in possession igs gloenp:ror receipt of the entirety, or more than his or their the others.

undivided share or shares of such land or of the 21.r,4c7IN,I.

profits thereof, or of such rent, for his or their own Victoria, No.benefit, or for the benefit of any person or persons 3754, 5.286.

other than the person or persons entitled to theother share or shares of the same land or rent, suchpossession or receipt shall not be deemed to havebeen the possession or receipt of or by such last-mentioned person or persons or any of them.

8 Limitation.

Acknow-ledgment inwritinggiven to theperson en-titled or hisagent, to beequivalentto posses-sion orreceipt ofrent.3 & 4 Will.IV., c. 27,s. 14.Victoria, No.3754, s. 288.

In cases ofinfancy, etc.,6 years tobe allowedfrom theterminationof thedisability orpreviousdeath.42 Viet., No.6, s. 3,37 and 38Vict., c. 57(Impl.),s. 3.Victoria, No.3754, s. 289.See M.W.P.Act 1892,ss. 1, 5and 12.

15. When any acknowledgment of the title ofthe person entitled to any land or rent has beengiven to him or his agent in writing signed by theperson in possession or in receipt of the profits ofsuch land, or in receipt of such rent, then such pos-session or receipt of or by the person by whom suchacknowledgment has been given shall be deemed,according to the meaning of this Act, to have beenthe possession or receipt of or by the person to whomor to whose agent such acknowledgment has beengiven at the time of giving the same, and the rightof such last-mentioned person, or any person claim-ing through him, to make an entry or distress orbring an action to recover such land or rent shall bedeemed to have first accrued at and not before thetime at which such acknowledgment, or the last ofsuch acknowledgments if more than one, was given.

16. If at the time at which the right of anyperson to make an entry or distress, or to bring anaction to recover any land or rent, shall have firstaccrued as aforesaid, such person shall have beenunder any of the disabilities hereinafter mentioned(that is to say) infancy, coverture (except in thecase of a married woman entitled to make suchentry or distress, or bring such action), idiocy,lunacy, or unsoundness of mind, then such person,or the person claiming through him, may, notwith-standing the period of twelve years, or six years (asthe case may be) hereinbefore limited shall haveexpired, make an entry or distress, or bring anaction to recover such land or rent, at any timewithin six years next after the time at which theperson to whom such right shall first have accruedshall have ceased to be under such disability, orshall have died (whichever of those two events shallhave first happened).

No time to 17. The time within which any such entry maybe allowedforbeyond a

cesabse sen

be made, or any such action may be brought.42 Viet., No. as aforesaid, shall not in any case be extended or6, s. 4.37 and 38 enlarged by reason of the absence beyond the seas'Vict., c. 57(Impl.),s. 4. 1 See Section 42.

Limitation. 9

during all or any part of that time of the personhaving the right to make such entry, or to bringsuch action, or of any person through whom heclaims.

18. No entry, distress, or action shall be made 30 yearsutmost

or brought by any person who at the time at which a llowancefor

his right right to make any entry or distress, or to bring abilities.42 Viet., No.an action to recover any land or rent shall have 6. s. 5.

first accrued, shall be under any of the disabilities 37 and 38Viet., c. 57

hereinbefore mentioned, or by any person claiming s. pl.),a 5.

through him, but within thirty years next after the Vi ctoria. No.3754, s 290.

time at which such right shall have first accrued,although the person under disability at such timemay have remained under one or more of such dis-abilities during the whole of such thirty years, oralthough the term of six years from the time atwhich he shall have ceased to be under any suchdisability, or have died, shall not have expired.

19. When any person is under any of the dis- N meufot beer

abilities hereinbefore mentioned at the time at a'which his right to make an entry or distress or to grabill-

bring an action to recover any land or rent has first wzr 401,101.

accrued, and he dies without having ceased to be a 'under such disability, no time to make an entry or 82s. No.distress or to bring an action to recover such land Victoria, No.

3754, s. 291.or rent beyond the period of twelve years next afterthe right of such person to make an entry or distressor to bring an action to recover such land or renthas first accrued, or the said period of six years nextafter the time at which such person has died, shallbe allowed by reason of any disability of any otherperson.

20. When the right of any person to make an ;:igittollaenentry or distress or bring an action to recover any sotsastees Ilr

land or rent to which he may have been entitled for gibe rig ofan estate or interest in possession has been barred person eoby the determination of the period hereinbefore estateslimited which is applicable in such case, and such 3a/Lbwariricid.person has at any time during the said period been ria.c. 27,

Victoria, No.3754, s. 292.

10 Limitation.

entitled to any other estate, interest, right, or possi-bility, in reversion, remainder, or otherwise, in or tothe same land or rent, no entry, distress, or actionshall be made or brought by such person, or anyperson claiming through him, to recover such landor rent, in respect of such other estate, interest,right, or possibility, unless in the meantime suchland or rent has been recovered by some personentitled to an estate, interest, or right which hasbeen limited or taken effect after or in defeasanceor such estate or interest in possession.

Wheretenantin tail isbarred,remainder-men whomhe mighthave barredshall notrecover.3 & 4 Will.IV., c. 27,s. 21.Victoria, No3754, s. 293.

Possessionadverse toa tenant intail, shallrun onagainst theremainder-men whomhe mighthave barred.3 & 4 Will.IV., c.27,s. 22.Victoria, No.3754, s. 294.

21. When the right of a tenant in tail of any landor rent to make an entry or distress or to bring anaction to recover the same has been barred byreason of the same not having been made or broughtwithin the period hereinbefore limited, which isapplicable in such case, no such entry, distress, oraction shall be made or brought by any personclaiming any estate, interest, or right which suchtenant in tail might lawfully have barred.

22. When a tenant in tail of any land or rent,entitled to recover the same, has died before theexpiration of the period hereinbefore limited, whichis applicable in such case, for making an entry ordistress or bringing an action to recover such landor rent, no person claiming any estate, interest, orright which such tenant in tail might lawfully havebarred, shall make an entry or distress or bring anaction to recover such land or rent but within theperiod during which, if such tenant in tail had solong continued to live, he might have made suchentry or distress or brought such action.

Possessionunder anassuranceby a tenantin tail,42 Vict., No.6, s. 6.37 and 38Viet., e.57(Impl.),s. 6.Victoria, No3754, s. 295.

23. When a tenant in tail of any land or rentshall have made an assurance thereof which shallnot operate to bar the estate or estates to take effectafter or in defeasance of his estate tail, and anyperson shall by virtue of such assurance at the timeof the execution thereof, or at any time afterwards,be in possession or receipt of the profits of such land,

Limitation. 11

or in receipt of such rent, and the same person, orany other person whatsover (other than some per-son entitled to such possession or receipt in respectof an estate which shall have taken effect after orin defeasance of the estate tail) shall continue to bein such possession or receipt for the period of twelveyears next after the commencement of the time atwhich such assurance, if it had then been executedby such tenant in tail, or the person who would havebeen entitled to his estate tail if such assurance hadnot been executed, would, without the consent of anyother person, have operated to bar such estate orestates as aforesaid, then, at the expiration of suchperiod of twelve years, such assurance shall be andbe deemed to have been effectual as against anyperson claiming any estate, interest, or right, to takeeffect after or in defeasance of such estate tail.

24. No person claiming any land or rent in equity Neqousitityittionbe

shall bring any suit to recover the same but within broughtthe period during which, by virtue of the provisions reeplvatitiffhereinbefore contained, he might have made an giricguligthhea:ne

entry or distress or brought an action to recover the.ficxtv! on at

same respectively if he had been entitled at law to Ms 4 will.such estate, interest, or right in or to the same as s. ih.. 27'he claims therein in equity. Victoria, No.

3754, s. 296.

25. When any land or rent is vested in a trustee Inxperaessess of

upon any express trust, the right of the cestui que rigugstZll

trust, or any person claiming through him, to bring deemed toa suit against the trustee, or any person claiming a cac croune-ci

through him, to recover such land or rent, shall be yperraclalcaesetro. adeemed to have first accrued, according to the mean- k3; 4w;ing of this Act, at and not before the time at which ssuch land or rent has been conveyed to a purchaser 3754osr.i22,97.°'for a valuable consideration, and shall then bedeemed to have accrued only as against such pur-chaser and any person claiming through him.

26. No action, suit, or other proceeding shall be artto;er,t4brought to recover any sum of money or legacy ictigg'esaoircharged upon or payable out of any land or rent, at interest notlaw or in equity, and secured by an express trust, gxnplarrxd by

trust forraisingsame.

12 Limitation.

42 NoVie.,6, s. 11. or to recover any arrears of rent or of interest in37 and 38 respect of any sum of money or legacy so chargedViet., c. 57(Impl.), or payable, and so secured, or any damages in

respect of such arrears, except within the timewithin which the same would be recoverable if therewere not any such trust.

In cases offraud notime shallrun whilstthe fraudremainsconcealed.3 & 4 Will.IV., c. 27,s. 26.Victoria, No3754, s. 298.

27. In every case of a concealed fraud, the rightof any person to bring a suit in equity to recoverany land or rent of which he, or any person throughwhom he claims, may have been deprived by suchfraud, shall be deemed to have first accrued at andnot before the time at which such fraud is, or withreasonable diligence might have been, first knownor discovered: Provided that nothing in this sectioncontained shall enable any owner of lands or rentsto have a suit in equity for the recovery of suchlands or rents, or for setting aside any conveyanceof such lands or rents, on account of fraud, againstany bona fide purchaser for valuable considerationwho has not assisted in the commission of suchfraud, and who at the time when he made thepurchase did not know and had no reason to believethat any such fraud had been committed.

Saving the 28. Nothing in this Act contained shall beJurisdiction of equity onthe ground deemed to interfere with any rule or jurisdiction ofofacqui-cence or

es a court of equity in refusing relief on the ground

otherwise. of acquiescence or otherwise to any person whose3 & 4Will.I V., c. 27, right to bring a suit may not be barred by virtue. 27.Victoria, No of this Act.3754, s. 299.

Mortgagorto be barredat end of 12Years fromthe timewhen themortgageetook posses-sion or fromthe lastwrittenacknow-ledgment.42 Viet., No.6, s. 7.37 and 38Viet., c. 57

s. 7.Victoria, No.3754, s. 300.

29. When a mortgagee shall have obtained thepossession or receipt of the profits of any land, orthe receipt of any rent comprised in his mortgage,the mortgagor or any person claiming through him,shall not bring any action or suit to redeem themortgage, but within twelve years next after thetime at which the mortgagee obtained such posses-sion or receipt, unless in the meantime an acknow-ledgment in writing of the title of the mortgagor,or of his right to redemption shall have been given

Limitation. 13

to the mortgagor or some person claiming his estate,or to the agent of such mortgagor or person, signedby the mortgagee or the person claiming throughhim.

In such case no such action or suit shall bebrought, but within twelve years next after the timeat which such acknowledgment, or the last of suchacknowledgments, if more than one was given; andwhen there shall be more than one mortgagor ormore than one person claiming through the mort-gagor or mortgagors, such acknowledgment, if givento any of such mortgagors or persons, or his or theiragent, shall be as effectual as if the same had beengiven to all such mortgagors or persons:

Provided that where there shall be more thanone mortgagee, or more than one person claimingthe estate or interest of the mortgagee or mort-gagees, such acknowledgment, signed by one ormore of such mortgagees or persons, shall beeffectual only as against the party or parties sign-ing as aforesaid, and the person or persons claimingany part of the mortgage money or land or rent, by,from, or under him or them, and any person orpersons entitled to any estate or estates, interest orinterests, to take effect after or in defeasance of hisor their estate or estates, interest or interests, andshall not operate to give to the mortgagor or mort-gagors a right to redeem the mortgage as againstthe person or persons entitled to any other undividedor divided part of the money or land or rent:

Provided also that where such of the mortgageesor persons aforesaid as shall have given such ack-nowledgment shall be entitled to a divided part ofthe land or rent comprised in the mortgage, or someestate or interest therein, and not to any ascertainedpart of the mortgage money, the mortgagor ormortgagors shall be entitled to redeem the samedivided part of the land or rent on payment, withinterest, of the part of the mortgage money whichshall bear the same proportion to the whole of themortgage money as the value of such divided partof the land or rent shall bear to the value of thewhole of the land or rent comprised in the mortgage.

14 Limitation.

At the end 30. At the determination of the period limitedof the periodofthe right

limitationof by this Act to any person for making an entry or

the party distress, or bringing any action or suit, the rightout party to and title of such person to the land or rent, for thebe extin-

guished. recovery whereof such entry, distress, action, or suit3 & 4 Will.IV.. c.27, respectively might have been made or broughts. 34.Victoria, No. within such period, shall be extinguished.3754, s. 301.

Receipt ofrent to bedeemedreceipt ofProfits.3 & 4 Will.IV., c. 27,5. 35.Victoria, No.3754, s. 302.

Moneychargedupon landand legaciesto bedeemedsatisfied atthe end of 12Years if nointerest paidnoracknowledg-ment given.42 Viet., No.6, s. 8.37 and 38Viet., c. 57(Impl.),s. 8.Victoria, No.3754, 5. 304.

Claims toestate ofintestates.Cf. 23 & 24Viet., c.38,s. 13.

31. The receipt of the rent payable by any tenantfrom year to year, or other lessee, shall, as againstsuch lessee or any person claiming under him (butsubject to the lease), be deemed to be the receiptof the profits of the land for the purposes of thisAct.

32. (1) No action or suit or other proceedingshall be brought to recover any sum of moneysecured by any mortgage, judgment, or lien, orotherwise charged upon or payable out of any landor rent, at law or in equity, or any legacy, butwithin twelve years next after a present right toreceive the same shall have accrued to some personcapable of giving a discharge for or release of thesame; unless in the meantime some part of theprincipal money, or some interest thereon, shallhave been paid, or some acknowledgment of the rightthereto shall have been given in writing signed bythe person by whom the same shall be payable, orhis agent, to the person entitled thereto, or hisagent; and in such case no such action or suit orproceeding shall be brought but within twelve yearsafter such payment or acknowledgment or the lastof such payments or acknowledgments (if morethan one) was made or given.

(2) This section extends to an action or suit ona covenant by a mortgagor in a mortgage deed, oron a collateral bond by the mortgagor securing themortgage debt; and to an action on a convenant ina deed to secure the payment of a rent charge.

33. Subject to, and except as enacted by sectionforty-seven of this Act, no action or suit or otherproceeding shall be brought to recover the estate,

Limitation. 15

or any share of the estate of any person dying nalt.ed by

intestate from the legal representative of suchintestate, but within twelve years next after the tE8a01.present right to receive the same has accrued to someperson capable of giving a discharge for or releaseof the same; unless in the meantime some part ofsuch estate or share, or some interest in respectthereof has been accounted for or paid, or someacknowledgment of the right thereto has been givenin writing signed by the person accountable for thesame or his agent to the person entitled theretoor his agent; and in such case no such action orsuit shall be brought but within twelve years nextafter such accounting, payment, or acknowledg-ment, or the last of such accountings, payments, oracknowledgments (if more than one) was made orgiven.

No arrearsof rent orinterest tobe recoveredfor morethan 6years.3 & 4 Will.IV.. c.27,s. 42.Victoria,No. 3754,s. 305.

34. No arrears of rent or of interest in respectof any sum of money charged upon or payable outof any land or rent, or in respect of any legacy, orany damages in respect of such arrears of rent orinterest, shall be recovered by any distress, action,or suit, but within six years next after the samerespectively have become due, or next after anacknowledgment of the same in writing has beengiven to the person entitled thereto, or his agent,signed by the person by whom the same was pay-able, or his agent:

Provided nevertheless that where any prior mort-gagee or other incumbrancer has been in possessionof any land, or in receipt of the profits thereof,within one year next before an action or suit shallbe brought by any person entitled to a subsequentmortgage or other incumbrance on the same land,the person entitled to such subsequent mortgage orincumbrance may recover in such action or suit thearrears of interest which shall have become dueduring the whole time that such prior mortgageeor incumbrancer was in such possession or receiptas aforesaid, although such time may have exceededthe said term of six years.

1.6 Limitation.

Mortgageesmay bringactions torecover landwithin12 yearsafter lastpayment ofPrincipal orinterest.42 Viet.,No. 6, s. 10.7 Will. Iv.and 1 Vict.,c. 28.Victoria, No.3759, s. 306.

Provided also, that this section is subject to para-graphs (d) and (e) of subsection (1) of sectionthirty-eight of this Act.

35. It shall and may be lawful for any personentitled to or claiming under any mortgage of land(being land within the definition contained in sec-tion three of this Act) to make an entry or bringan action or suit to recover such land at any timewithin twelve years next after the last payment ofany part of the principal money or interest securedby such mortgage, although more than twelve yearsmay have elapsed since the time at which the rightto make such entry or bring such action or suitshall have first accrued, anything herein notwith-standing.

No title byadverse 36. Notwithstanding any law or statute law nowpossessionagainst or heretofore in force, the right, title, or interestCrown.9 Geo. of the Crown to or in any land shall not be, and shallc. 16. be deemed not to have been in any way affected byVictoria,No. 3754, reason of any possession of such land adverse tos.275.

the Crown.

Actions onpenalStatutes.31 Eliz.,c. 5, s. 5.Victoria,No. 3783,s. 81.

37. (1) All actions, suits, and other proceedingsfor any forfeiture upon any statute penal wherebythe forfeiture or benefit is limited to His Majesty,or His Majesty, his heirs and successors, shall becommenced within two years after the offence com-mitted.

(2) All actions, suits, and other proceedings forany forfeiture upon any statute penal whereby theforfeiture or benefit is limited to His Majesty, orHis Majesty, his heirs and successors, and to anyperson who prosecutes in that behalf, shall be com-menced by any such person within one year afterthe offence committed, and in default thereof maybe commenced by His Majesty, his heirs and succes-sors at any time within two years after that yearended.

Limitation. 17

(3) All actions, suits, and other proceedings forany forfeiture upon any statute penal whereby theforfeiture or benefit is limited to any person whoshall prosecute in that behalf, shall be commencedby such person within one year after the offencecommitted.

(4) Any action, suit, or other proceeding broughtafter such times respectively shall be void and ofno effect.

Actions torecovermoneys paidas taxes,fees, etc.Inserted byNo. 45 of1978, s. 2.

37A. (1) All actions, suits, and other proceedingsto recover from the Crown or the Government orthe State or any Minister of the Crown, or fromany body corporate, officer, or person or out of anyfund to whom or which it was paid, the amountor any part of the amount of any tax, fee, charge,or other impost paid under the authority or pur-ported authority of any Act, shall be commencedwithin the relevant period as provided by subsection(2) of this section.

(2) The relevant period in respect of any suchaction, suit, or other proceeding is

(a) where the amount or any part of theamount of such a tax, fee, charge, or otherimpost was paid before the coming intooperation of this section-

(i) the period within which the action,suit, or other proceeding might, butfor the coming into operation of thissection, have been brought; or

(ii) the period of twelve months after thecoming into operation of this section,

whichever period expires first; or

(b) where the amount or any part of theamount of such a tax, fee, charge, or otherimpost was paid after the coming intooperation of this section, the period oftwelve months after the date of payment.

18 Limitation.

Limitationof time forcommencingother actionsand suits.Victoria,No. 3783,ss. 80, 82.

(3) Any such action, suit, or other proceedingbrought after the expiration of the relevant periodas provided by subsection (2) of this section shallbe void and of no effect.

(4) Subsections (1), (2), and (3) of this sectionshall not apply to or in relation to any action, suit,or other proceeding brought by a person pursuantto any specific provision of any Act providing forthe mode of a challenge in respect of the liabilityof the person for, or for the recovery by the personof, the whole or any part of, any tax, fee, charge,or other impost actually paid.

38. (1) Subject to the preceding sections of thisAct and as hereinafter provided, actions, suits, orother proceedings as herein set out shall and maybe commenced within the time herein expressedafter the cause of such actions, suits, or other pro-ceedings respectively:—

(a) (i) Actions for penalties, damages, orsums given by any enactment to theparty grieved;

21 James I, (ii) Actions for slander, when the wordsc. 16, s. 3.are actionable per se:

Two years.

21 James L,e. 16, s. 3. (b) Actions for trespass to the person, menace,

assault, battery, wounding, or imprison-ment:

3 and 4Will. IV.,c. 42, s. 3.

19 and 20Viet., c. 97,s. 9.

Four years.

(c) (i) Actions of debt upon any award wherethe submission is not by specialty;

(ii) Actions of account or for not account-ing, and suits for such accounts, asconcern the trade of merchandisebetween merchant and merchant,their factors and servants;

3 and 4Wig . IV.,c. 42, s. 3.

Limitation. 19

(iii) Actions of account other than suchaccounts as concern the trade ofmerchandise between merchant andmerchant, their factors or servants;

21 James I.,c. 16, s. 3.

21JamesI.,(iv) Actions in the nature of actions for c. 16, s. 3.trespass quare clausum fregit, trespassto goods, detinue, or trover;

(v) All other actions founded on anysimple contract, including a contractimplied in law;

(vi) All other actions founded on tort; and

(vii) All other actions in the nature ofactions on the case:

Six years.

(d) Actions of debt for rent upon a covenantin an indenture of demise:

Twelve years.

(e) (i) Subject to sections four and thirty-twoof this Act, and to paragraph (d) ofthis subsection, actions of covenant orof debt upon any bond or otherspecialty; and

(ii) actions in the nature of actions of debtor scire facias upon any recognisance:

Twenty years.

See 3 and 4WW1. Iv.,c. 42, s. 3.

Provided that, subject to the first proviso to f=t1tsection thirty-four, no arrears of interest in respect r=egrable

of any sum of money, whether payable under a.No

1atro37

S'ria.

covenant or otherwise, or any damages in respect n383:of such arrears, shall be recovered by any action,suit, or other proceeding, but within six years nextafter the same respectively became due, or nextafter an acknowledgment of the same in writing hasbeen given to the person entitled thereto, or hisagent, signed by the person chargeable or his agentduly authorized.

Ibid.

Ibid.

Ibid.

20 Limitation.

Victoria,No. 3783,s.82 (3).

Victoria,No. 3783,S. 80.

Exceptabsencebeyondseas.19 and 20Viet., c. 97,5. 10.

(2) In actions or suits falling within paragraphs(ii) and (iii) of subsection (1) (c) no claim inrespect of a matter which arose more than six yearsbefore the commencement of such action or suitshall be free from the restriction imposed by suchsubsection by reason only of some other matter ofclaim comprised in the same account having arisenwithin six years before the commencement of suchaction or suit.

(3) In this section the word "actions" means suchactions as are in the nature of actions at commonlaw, but in reference to this section contained inthe succeeding sections of this Act, the word"action" shall be construed as including "actions"or "actions and suits" or "actions, suits, and otherproceedings" where any of such meanings is neces-sary in order to give a complete reference to thematters set out in subsection (1) of this section.

(4) This section shall not apply to any action,suit, or other proceeding the time for commencingwhich is limited by the preceding sections of thisAct.

39. No person entitled to any action with respectto which the period of limitation within which thesame may be brought, is fixed by section thirty-eight of this Act, shall be entitled to any time withinwhich to commence such action beyond the periodso fixed, by reason only of such person being beyondthe seas at the time such cause of action accrued;or in the cases in which imprisonment was a dis-ability by reason of such person being imprisonedat the time when the cause of action accrued.

19 and 20Vict., c. 97,n 9.Victoria,No. 3783,s.82 (2).

Personsunderdisabilityallowedtime fromremoval ofdisability.Amended by46 of 1972,Schedule.3 and 4 Wm.IV., s. 42,S. 4.21 James I.,c. 16, s. 4.Victoria, No.3783, s. 84.

40. If any person entitled to any such actionas is referred to in subsection (1) of section thirty-eight was at the time of the cause of action accruedwithin the age of eighteen years or insane, thensuch person may commence the same within suchtime as is before limited after being of full age orsane as if that was the time at which the cause ofaction accrued.

Limitation. 21

Extensionof timewherepersonliable isbeyondthe seas.4 and 5Anne, c. 3,s. 19.Victoria,No. 3783,s. 85.

41. If any person against whom there is anysuch cause of action as is referred to in subsection(1) of section thirty-eight was at the time the causeof action accrued beyond the seas, the party entitledto such action may commence the same within suchtime as is before limited after the return of suchperson from beyond the seas as if that was the timeat which the cause of action accrued.

42. No part of the Commonwealth of Australia,or of any Territory of the Commonwealth, or Terri-tory governed by the Commonwealth under a man-date, shall be deemed to be beyond the seas withinthe meaning of that expression in this Act.

Meaning ofexpression"beyond theseas".Cf. Victoria.No. 3783,s. 86.

43. When any such cause of action as is referred No exten-sion of time

to in subsection (1) of section thirty-eight has against ajoint debtor

accrued against two or more joint debtors, the not beyondtbe seas.

person having such cause of action shall not be 19 and 20iet. c. 97,

entitled to any additional time within which to sue s. 11.Vicoriaone or more of such joint debtors who was or were No13783,

, s.87.

not beyond the seas by reason only that some oneor more of such joint debtors was or were at suchtime beyond the seas; and such person so entitledshall not be barred from commencing against oneor more of such last-mentioned joint debtors afterhis or their return from beyond the seas by reasononly that judgment has already been recoveredagainst one or more of such first-mentioned jointdebtors.

44. (1) Except as expressly provided in this Act, EC,Zgnothing in section thirty-eight contained shall take 1:tdeg.,maen.Y,away or lessen the effect of any acknowledgment sgcveepdt inor promise, or of any acknowledgment by part fsterpayment or satisfaction on account of principal or g .Gze. IV.,

interest due, and except as aforesaid any such Victoria,acknowledgment or promise shall have the same IC. 883. 783

effect as if this Act had not been passed.

(2) No indorsement or memorandum of any part mthednoPoef -payment or satisfaction written or made upon any ;;;yeTeegt.bill of exchange, cheque, or promissory note by or 11),oenxc–ial–goef not

sufficient.

22 Limitation.

on behalf of the person to whom such part paymentor satisfaction is made, shall be deemed sufficientproof of such payment or satisfaction to take thecase out of the operation of subsection (1) of sectionthirty-eight.

Acknowledg-ment notsufficientunless inwriting.9 Geo IV.,c. 14, s. 1.19 and 20Viet., c. 97,s. 13.

(3) In actions in the nature of actions foundedupon simple contract, no acknowledgment orpromise by words shall be deemed sufficient evidenceof any new or continuing contract whereby to takeany case out of the operation of section thirty-eight,or to deprive any party of the benefit thereof, unlesssuch acknowledgment or promise is made or con-tained by or in some writing signed by the partychargeable, or by his agent duly authorized; andwhere there are two or more joint contractors, orexecutors or administrators of any contractor, nosuch joint contractor, executor or administratorshall lose the benefit of section thirty-eight so asto be chargeable in respect or by reason only ofany written acknowledgment or promise made andsigned by any other or others of them: Providedthat nothing herein contained shall alter or takeaway or lessen the effect of any payment of anyprincipal or interest made by any person.

Effect ofacknow-ledgment inactions ofcovenant,etc., undersectionthirty-eight.3 and 4Will. IV.,c. 42, s. 5.Victoria,No. 3783,s.88 (4).

(4) In actions of debt for rent upon an indentureof demise, in actions of covenant or debt upon anybond or other specialty, and in actions of debt orscire facias upon any recognisance, if any acknow-ledgment has been made either by some writingsigned by the party chargeable or his agent dulyauthorized, or by part payment or satisfaction, theperson entitled to such action may commence hisaction for the money remaining unpaid, and soacknowledged within the time prescribed by sectionthirty-eight after such acknowledgment, or in casethe person entitled to such action at the time of suchacknowledgment is under disability as aforesaid, orthe party making such acknowledgment is thenbeyond the seas, then within the prescribed timeafter such disability has ceased or such party hasreturned from beyond the seas (as the case may be).

Limitation. 23

(5) Where there are two or more co-contractorsor co-debtors, whether bound or liable jointly onlyor jointly and severally, or executors or adminis-trators of any contractor, no such co-contractor orco-debtor, executor, or administrator shall lose thebenefit of section thirty-eight so as to be chargeablein respect or by reason only of payment of anyprincipal, interest, or other money by any other orothers of them.

Part pay-ment by onecontractornot toprevent barin favourof another.19 and 20Vict., c. 97,s. 14.Victoria,No. 3783,5.88 (5).

Ju45. In actions against any two or more defend- may begment

recants, whether co-contractors or co-debtors or not, against

if it appears that the plaintiff, though barred as to some co-defendants.

one or more of such defendants is not barred as to 9Geo. IV.,c. 14, s. /.

any other or others of them, judgment may be given Victoria No,3783, S. 89.

for the plaintiff as to the defendant or defendantsagainst whom he is entitled and for the otherdefendant or defendants against the plaintiff.

46. The provisions of this Act shall apply to any Limitationto apply to

counter-claim or set-off alleged by the defendant in counter-claim and

all cases, and to the like extent, and for the same set-off.9 Geo. IV.,

purpose in, to, or for which they respectively would c. 14, s. 4.Victora No.apply if the defendant had instituted an action 3783, s.

i 90.

against the plaintiff or plaintiffs in respect of thesame matter.

47. (1) In any action or other proceeding maypleadagainst a trustee or any person claiming through Eit.=gshim, or in reference to any trust, except where the uscertain

claim is founded upon any fraud or fraudulent 64 Vslepi . No.

breach of trust to which the trustee was a party or ,;51 .a–d 52.

privy, or is to recover trust property or the proceeds n.t., c. 59,

thereof still retained by the trustee or previously 4o° 3ngreceived by the trustee and converted to his own s.67.

use, the following provisions shall apply:—

(a) All rights and privileges conferred by thisAct or any statute of limitations shall beenjoyed in the like manner and to the like

24 Limitation.

extent as would have been the case if thetrustee or person claiming through himhad not been a trustee or person claimingthrough him.

(b) If the action or other proceeding is broughtto recover money or other property and isone to which no existing statute of limita-tions applies, the trustee or person claimingthrough him shall be entitled to the benefitand be at liberty to plead the lapse of timeas a bar to such action or other proceedingin the like manner and to the like extent asif the claim had been against him (other-wise than as a trustee or person claimingthrough a trustee) in an action of debt formoney had and received; but so neverthe-less that the statute or bar by lapse of timeshall run against a married woman entitledin possession to her separate use, whetherwith or without a restraint upon anticipa-tion; but shall not begin to run againstany beneficiary until the interest of suchbeneficiary is an interest in possession.

(2) No beneficiary as against whom there wouldbe a good defence by virtue of this section shallderive any greater or other benefit from a judgmentor order obtained by another beneficiary than hecould have obtained if he had brought such actionor proceeding and this section had been pleaded.

(3) For the purposes of this section the expression"trustee" includes an executor or administrator, whofor such purposes is included in the term trustee,and includes a trustee whose trust arises by con-struction or implication of law as well as an expresstrustee, and the provisions of this section relating toa trustee shall apply as well to several joint trusteesas to a sole trustee.

(4) This section shall not deprive any executor oradministrator of any right or defence to which heis entitled under any existing statute.

Limitation. 25

Actions Against Public Authorities.

Protectionof personsacting inexecution ofstatutory orother publicduty.Inserted byNo. 73 of1954, s. 4.Cf. U.K.Acts 56 and57 Viet., c. 61;2 and 3Geo. 6 c. 21,s. 21; N.Z.No. 65 of1950,s. 23.

47A. (1) Notwithstanding the foregoing provi-sions of this Act but subject to the provisions ofsubsections (2) and (3) of this section, no actionshall be brought against any person (excluding theCrown) for any act done in pursuance or executionor intended execution of any Act, or of any publicduty or authority, or in respect of any neglect ordefault in the execution of the Act, duty orauthority, unless

(a) the prospective plaintiff gives to the pro-spective defendant, as soon as practicableafter the cause of action accrues, notice inwriting giving reasonable information ofthe circumstances upon which the proposedaction will be based and his name andaddress and that of his solicitor or agent,if any; and

(b) the action is commenced before the expira-tion of one year from the date on whichthe cause of action accrued,

and for the purposes of this section, where the act,neglect, or default is a continuing one, no cause ofaction in respect of the act, neglect, or defaultaccrues until the act, neglect or default ceases butthe notice required by paragraph (a) of this sub-section may be given and an action may thereafterbe brought while the act, neglect or defaultcontinues.

(2) A person may consent in writing to the bring-ing of an action against him at any time before theexpiration of six years from the date on which thecause of action accrued whether or not the noticeas required by subsection (1) of this section hasbeen given.

(3) (a) Notwithstanding the foregoing provisionsof this section application may be made to theCourt which would but for the provisions of thissection have jurisdiction to hear the action, for leave

26 Limitation.

Interpre-tation.

Crown notaffected,except asexpresslyprovided.

to bring an action at any time before the expirationof six years from the date on which the cause ofaction accrued, whether or not notice as requiredby subsection (1) of this section has been given tothe prospective defendant.

(b) Where the Court considers that the failure togive the required notice or the delay in bringingthe action as the case may be, was occasioned bymistake or by any other reasonable cause or that theprospective defendant is not materially prejudicedin his defence or otherwise by the failure or delay,the Court may if it thinks it is just to do so, grantleave to bring the action, subject to such conditionsas it thinks it is just to impose.

(c) Before an application is made under theprovisions of paragraph (a) of this subsection, theparty intending to make the application shall givenotice in writing of the proposed application andthe grounds on which it is to be made to theprospective defendant, at least fourteen days beforethe application is made.

(4) (a) In this section "person" includes a bodycorporate, Crown agency or instrumentality of theCrown created by an Act or an official or personnominated under an Act as a defendant on behalfof the Crown.

(b) This section is to be construed so as not toaffect the provisions of the Crown Suits Act 1947.

48. Except as therein expressly provided, thepreceding provisions of this Act do not bind or affectthe Crown.

Amendmentscontainedin SecondSchedule.Inserted byNo. 73 of1954, s. 5.

48A. (1) The enactments specified in the SecondSchedule to this Act are amended in the mannerindicated in the Schedule and an enactment as soamended may be cited showing the figure represent-ing the year of its passing and the figures, "-1954".

Limitation. 27

(2) The provisions of any Act which enact thatin an action to which section forty-seven A of thisAct applies,

(a) the action is to be commenced within aparticular time; or

(b) notice of action is to be given within aparticular time or otherwise,

are repealed.

49. Except as provided in section forty-seven A ;,`:Irtion of

of this Act, nothing in this Act shall apply to any ',7,21V foraction, suit, or other proceeding the time for AAmended bycommencing which is limited by any enactment 119547, s°1.specially limiting the time for commencing any 3vgnia8,0No.action, suit, or other proceeding thereunder.

FIRST SCHEDULE. FirstSchedule.Amended byNo. 73 of1954, s. 7.

Date. Title. Extent of Repeal.

3 and 4 Will. IV.,c. 27 (adopted by6 Will. IV., No. 4)

3 and 4 Will. IV.,c. 42 (adopted by6 Will. IV., No. 4)

19 and 20 Vict., c.97 (adopted by 31Vict., No. 8)

42 Vict., No. 6 ..

An Act for the Limitation ofActions and Suits relating toReal Property, and for simplify-ing the Remedies for trying theRights thereto

An Act for the further amend-ment of the Law and for thebetter advancement of Justice

The Mercantile Law AmendmentAct 1860.

The Real Property Limitation Act1878

The whole.

Sections 3 to 5inclusive

Sections 9 to 15inclusive.

The whole.

28 Limitation.S.48A. SECOND SCHEDULE.Inserted byNo. 73 of1954, s. 8. Number of Section

Title of Act. or Schedule Nature of Amendment.affected.

Abattoirs Act 1909.Agriculture Protection

Board Act 1950.Albany Harbour Board

Act 1926.1Bunbury Harbour Board

Act /909.5Child Welfare Act 1947.Country Areas Water

Supply Act 1947.Country Towns Sewerage

Act 1948.Dairy Cattle Improve-

ment Act 1922.3Eastern Goldfields Trans-

port Board Act 1946.Fauna Protection Act

1950.4Fremantle Harbour Trust

Act 1902.6Government Railways

Act 1904.Health Act 1911.Interpretation Act 1918.

(Reprinted Vol. 6Reprinted Acts of theParliament of WesternAustralia.)

Justices Act 1902.

Land Drainage Act 1925.

Licensing Act 1911.6

Local Courts Act 1904.

Lunacy Act 1903.7

Main Roads Act 1930.

McNess Housing TrustAct 1930.6

Metropolitan WaterSupply, Sewerage, andDrainage Act 1909.

Municipal CorporationsAct 1906?

Noxious Weeds Act 1950.10

Section 26.Section 24.

Section 37.

Section 37.

Section 147.Section 117.

Section 115.

Section 14.

Section 46.

Section 24.

Section 40.

Section 37.

Section 364.The Second

Schedule.

Sections 227, 228,229 and 231.

Section 163.

Section 247.

Section 27.

Section 179.

Section 30.

Section 26.

Section 162.

Sections 518 and519.

Section 42.

By repealing the section.By repealing subsections (1)

and (2) of the section.By repealing the section.

By repealing the section.

By repealing the section.By repealing the section.


By repealing subsection (2) ofthe section.




By repealing subsections (1)and (2) of the section.

By repealing the section.By substituting for the words

"notice in writing of anyaction about to be com-menced for anything doneunder this Act shall be given(to the defendant one monthat least before the com-mencement of the action,and" in lines two to five in-clusive cif Section G thewords "where an action iscommenced against any oneof such persons for anythingdone under this Act,"

By deleting the words ",and unless such action iscommenced within threemonths after the cause ofaction or of complaint shallhave arisen" in lines elevento thirteen inclusive of Sec-tion H.

By repealing the sections.




By repealing subsections (2),(3) and (4) of the section.


By repealing subsections (2),(3), (4), (5) and (6) of thesection.


By repealing the sections.

By repealing the section

I Now Albany Port Authority Act 1926.Now Bunbury Port Authority Act 1909.

3 Repealed by Act No. 4 of 1957.4 Now Wildlife Conservation Act 1950.5 Now Fremantle Port Authority Act 1902.6 Repealed by Act No. 34 of 1970.7 Repealed by Act No. 46 of 1952.

Repealed by Act No. 50 of 1968.Repealed by Act No. 84 of 1960.

10 Repealed by Act No. 42 of 1976.

Limitation. 29

SECOND SCHEDULE—continued.

Number of SectionTitle of Act. or Schedule Nature of Amendment.

affected.

Potato Growing Industry Section 28.Trust Fund Act 1947,

Prisons Act 1903. 1Section 76.Rights in Water and Section 76.

Irrigation Act 1914.

Road Districts Act 1919? Section 349.

Rural and Industries Section 107.Bank Act 1944.

State Electricity Corn- Section 61.mission Act 1995.3

State Housing Act 1946?

Supreme Court Act 1935.

The Criminal Code.

Town Planning and De- Section 5A.velopment Act 1928.

Transfer of Land Act Section 211.1893.

Water Boards Act 1904. Section 157.

Western Australian Gov- Section 27.ernment Tramways andFerries Act /948.5

Western Australian Section 210.Marine Act 1948.







By deleting all words after theword "thereof" in line nineto the end of the section.


By substituting for the words"An Action or" in line onethe word "A".

By repealing all words afterthe word "otherwise" in linefive.


By deleting the words "againstthe Registrar or" in linesthree and four of the section.



By repealing subsections (2)and (3) of the section.

Section 77.

Section 161.

Section 739.

I Repealed by Act No. 115 of 1981.Repealed by Act No. 84 of 1960.

3 Repealed by Act No. 111 of 1979.4 Repealed by Act No. 58 of 1980.

Repealed by Act No. 91 of 1966.

By Authority: WILLIAM C. BROWN, Government Printer

limitation act 1935-1978

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