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Encyclopedia Britannica - Main :: LEO-LOB |
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LIMITATION, STATUTES OF , the name given to acts of parliament by which rights of action are limited in the United Kingdom to a fixed period after the occurrence of the events giving rise to the cause of action. This is one of the devices by which lapse of time is employed to settle disputed claims. There are mainly two modes by which this may be effected. We may say that the active enjoyment of a rightor possessionfor a determined period shall be a good title against all the world. That is the method known generally as PRESCRIPTION
maxim
Interest
The principle of limitation was first adopted in English law in connexion with real actions, i.e. actions for the recovery of real property. At first a fixed date was taken, and no action could be brought of which the cause had arisen before that date. By the Statute of Westminster the First (3 Edward I. c. 39), the beginning of the reign of Richard I. was fixed as the date of limitation for such actions. This is the well-known " period of legal memory " recognized by the judges in a different class of cases to which a rule of prescription
A period absolutely fixed became in time useless for the purposes of limitation, and the method of counting back a certain number of years from the date of the writs was adopted in the Statute 32 Henry VIII. c. 2, which fixed periods of thirty, fifty and sixty years for various classes of actions nalned therein. A large number of statutes since that time have established periods of limitation for different kinds of actions. Of those now in force the most important are the Limitation Act 1623 for personal actions in general, and the Real Property Limitation Act 1833 relating to actions for the recovery of land. The latter statute has been repealed and virtually re-enacted by the Real Property Limitation Act 1874, which reduced the period of limitation from twenty years to twelve, for all actions brought after the 1st January 1879. The principal section of the act of 1833 will show the modus operandi: " After the 31st December 1833, no person shall make an entry or distress, or bring an action to recover any land or rent but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims, or shall have first accrued to the person making or bringing the same." Another section defines the times at which the right of action or entry shall be deemed to have accrued in particular cases; e.g. when the estate claimed shall have been an estate or interest
By section 14 of the act of 1833, when any acknowledgment of the title of the person entitled shall have been given to him or his agent in writing signed by the person in possession, or in receipt of the profits or rent, then the right of the person (to whom such acknowledgment shall have been given) to make an entry or distress or bring an action shall be deemed to have first accrued at the time at which such acknowledgment, or the last of such acknowledgments, was given. By section 15, persons under the disability of infancy, lunacy or cbverture, or beyond seas, and their representatives, are to be allowed ten years from the termination of this disability, or death (which shall have first happened), notwithstanding that the ordinary period of limitation shall have expired.By the act of 1623 actions of trespass, detinue , trover, replevin or account, actions on the case (except for slander
contract and actions for arrears of rent not due upon specialty shall be limited to six years from the date of the cause of action. Actions for assault, menace, battery, wounds and imprisonment are limited to four years, and actions for slander
An acknowledgment, whether by payment on account or by mere spoken words, was formerly sufficient to take the case out of the statute. The Act 9 Geo. IV. c. 14 (Lord Tenterden's act) requires any promise or admission of liability to be in writing and signed by the party to be charged, otherwise it will not bar the statute. Contracts under seal are governed as to limitation by the act of 1883, which provides that actions for rent upon any indenture of demise
Trustees are expressly empowered to plead statutes of limitation by the Trustees Act 1888; indeed, a defence under the statutes of limitations must in general be specially pleaded. Limitation is regarded strictly as a law of procedure. The English courts will therefore apply their own rules to all actions, although the cause of action may have arisen in a country in which different rules of limitation exist. This is also a recognized principle of private international law (see J. A. Foote, Private International Law, 3rd ed., 1904, p. 516 seq.). United States.The principle of the statute of limitations has passed with some modification into the statute-books of every state in the Union except Louisiana, whose laws of limitation are essentially the prescriptions of the civil law drawn
See Darby and Bosanquet, Statutes of Limitations (1899) ; Hewitt, Statutes of Limitations (1893). End of Article: LIMITATION, STATUTES OF If you wish, you can link directly to this article.
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