LIMITATION ORDINANCE

LIMITATION ORDINANCE

CHAPTER 347,

LIMITATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1..........Short title ....................... ... ... ... ... ... ... ... ... ... 3

2. Interpretation..................... ... ... ... ... ... ... ... ... 3

PART II

PERIODS OF LIMITATION FOR DIFFERENT CLASSES OF ACTION

3.........................Part II to be subject to provisions of Part III ... ... ... ... ... ... ... 4

Actions ofeontract and tort and certain other actions
4. Limitation of actions of contract and tort, and certain other actions ... ... 5

5. Limitation in case of successive conversions and extinction of title of owner of

converted goods ....................... ... ... ... ... ... ... ... ... 6

6.....................Time limit for claiming contribution ... ... ... ... ... ... ... ... ... 6

Actions to recover land and rent

7.....................Limitation of actions to recover land ... ... ... ... ... ... ... ... ... 7.

8................................Accrual of right of action in case of present interests in land ... ... ... ... 7

9...........................Accrual of right of action in case of future interests ... ... ... ... ... ... 7

10......................Provisions in case of land held on trust ... ... ... ... ... ... ... ... 8

11...................................Accrual of right of action in case of forfeiture or breach of condition ... ... 9

12.............................Accrual of right of action in case of certain tenancies ... ... ... ... ... 9

13......................................Right of action not to accrue or continue unless there is adverse possession ... 10

14....................Limitation of redemption actions ...
............................................ ... ... ... 10

15...................................No right of action to be preserved by formal entry or continual claim ... ... 10

16....................Administration to date back to death ... ... ... ... ... ... ... ... ... 10

17.........................Extinction of title after expiration of period ... ... ... ... ... ... ... 10

is....................Limitation of actions to recover rent ... ... ... ... ... ... ... ... ... 10

Actions to recover money secured by a mortgage or charge
or to recover proceeds ofthe sale ofland

19. Limitation of actions to recover money secured by a mortgage or charge or to

recover proceeds of the sale of land ... ... ... ... ... ... ... ...







Actions in respect of trust property or the personal

estate ofdeceased persons
20...........................Limitation of actions in repect of trust property ... ... ... . ... ... 12

21. Limitation of actions claiming personal estate of a deceased person ... ... ... 12





Section .....................Page
PART III
EXTENSION OF LIMITATION PERIODS IN CERTAIN CASES

22. Extension of limitation period in case of disability ... ... ... ... ... ... 12

Acknowledgment and part pavinew
23. Fresh accrual of action on acknowledgment or part payment ... ... ... ... 13

24. Formal provisions as to acknowledgments and part payments ... ... ... 14

25. Effect of acknowledgment or part payment on persons other than the maker or

recipient ............................... ... ... ... ... ... ... ... 14

Fraud and mislake
26. Postponement of limitation period in case of fraud or mistake ... ... ... 15

Special pro visions applicahle to certain actions in
respect of personal injuries

27. Time limit for personal injuries .......... ... ... ... ... ... ... ... ... 16

28. Time limit for actions under Fatal Accidents Ordinance ... ... ... ... 17

29. Dependants subject to different time limits ... ... ... ... ... ... ... 18

30. Court's power to override time limits ..... ... ... ... ... ... ... ... ... 18

31-33........[Repealed] ........................ ... ... ... ... ... ... ... ... ... 20

PART IV
GENERAL
34. Application of Ordinance and other limitation enactments to arbitrations ... 20

35. New claims in pending actions: rules of court ... ... ... ... ... ... ... 21

36. Acquiescence ........................... ... ... ... ... ... ... ... ... 22

37. Application to the Crown .................. ... ... ... ... ... ... ... 22

38. Transitional provisions and provisions as to actions already barred ... ... ... 23

39. Cessations of application .............. .. ... ... ... ... ... ... ... 24

40. Saving ...... .............................. ... ... ... ... ... 24

Schedule. Cessation of application of enactments .. ... ... ... ... ... ... ... 24





CHAPTER 347

LIMITATION

To consolidate and amend the law relating to the limitation of actions and
arbitrations.

[11 June 1965.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Limitation Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'action' includes any proceeding in a court of law;

'the courC, in relation to an action, means the court in which the action has
been, or is intended to be, brought;

'foreshore' means the shore and bed of the sea and of any tidal water, below
the line of the medium high tide between the spring tides and the neap
tides;

'land' includes corporeal hereditaments and rentcharges, and any legal or
equitable estate or interest therein, including an interest in the proceeds of
the sale of land held upon trust for sale, but save as aforesaid does not
include any incorporeal hereditament;

'parent' includes father and mother, and grandfather and grandmother, and
stepfather and stepmother, whether any such relationship is legitimate,
illegitimate or in consequence of adoption;

'personal estate' and 'personal property' do not include chattels reA;

'personal injuries' includes any disease and any impairment of a person's
physical or`mental condition, and 'injury' shall be construed accordingly;
(Replaced, 67 of 1976, s. 2)

'rent' includes a rentcharge and a rent service;

'rentcharge' means any annuity or periodical sum of money charged upon or
payable out of land, except a rent service or interest on a mortgage on
land;

'ship' includes every description of vessel used in navigation not propelled
solely by oars;





'trust', 'trustee' and 'trust for sale' have the same meanings
respectively as in the Trustee Ordinance.

(2) A person shall be deemed to claim through another person, if
he became entitled by, through, under, or by the act of that other
person to the right claimed:

Provided that a person becoming entitled to any estate or interest
by virtue of a special power of appointment shall not be deemed to
claim through the appointer.

(3) References in thisOrdinance to aright of action to recover land
shall include references to a right to enter into possession of the land
or, in the case of rentcharges, to distrain for arrears of rent, and
references to the bringing of such an action shall include references to
the making of such an entry or distress.

(4) In the case of rentcharges, references*in this Ordinance to the
possession of land shall be construed as references to the receipt of the
rent, and references to the date of dispossession or discontinuance of
possession of land shall be construed as references to the date of the
last receipt of rent.

(5) In Part III of this Ordinance, references to a right of action
shall include references to a cause of action and to a right to receive
money secured by a mortgage or charge on any property or to recover
proceeds of the sale of land, and to a right to receive a share or interest
in the personal estate of a deceased person; and references to the date
of the accrual of a right of action shall

(a)in the case of an action for an account, be construed as
references to the date on Which the matter arose in respect of
which an account is claimed;

(b)in the case of an action upon a judgment, be construed as
references to the date on which the judgment became
enforceable;

(c)in the case of an action to recover arrears of rent or interest,
or damages in respect thereof, be construed as references to
the date on which the rent or interest became due.

PART II

PERIODS OF LIMITATION FOR DIFFERENT CLASSES OF
ACTION

3. The provisions of this Part shall have effect subject to the
provisions of Part III which provide for the extension of the periods of
limitation in the case of disability, acknowledgment, part payment, fraud
and mistake, and in the case of certain actions in respect of personal
injuries.





Actions of contract and tort and certain other actions

4. (1) The following actions shall not be brought after the
expiration of 6 years from the date on which the cause of action
accrued, that is to say-

(a) actions founded on simple contract or on tort;

(b) actions to enforce a recognizance;

(c)actions to enforce an award, where the submission is not
by an instrument under seal;

(d)actions to recover any sum recoverable by virtue of any
Ordinance or imperial enactment, other than a penalty or
forfeiture or sum by way of penalty or forfeiture:

Provided that-
(i)in the case of actions for damages for negligence, nuisance
or breach of duty (whether the duty exists by virtue of a
contract or of provision made by or under any Ordinance
or imperial enactment or independently of any contract or
any such provision) where the damages claimed by the
plaintiff for the negligence, nuisance or breach of duty
consist of or include damages in respect of personal
injuries to any person, this subsection shall have effect as
if for the reference to 6 years there were substituted a
reference to 3 years; and
(ii) nothing in this subsection shall be taken to refer to any
action to which section 6 applies.

(2) An action for an account shall not be brought in respect of
any matter which arose more than 6 years before the commencement
of the action.

(3) An action upon a specialty shall not be brought after the
expiration of 12 years from the date on which the cause of action
accrued:

Provided that this subsection shall not affect any action for
which a shorter period of limitation is prescribed by any other
provision of this Ordinance.

(4) An action shall not be brought upon any judgment after
the expiration of 12 years from the date on which the judgment
became enforceable, and no arrears of interest in respect of any
judgment debt shall be recovered after the expiration of 6 years from
the date on which the interest became due.

(5) An action to recover any penalty or forfeiture, or sum by
way of penalty or forfeiture, recoverable by virtue of any Ordinance
or imperial enactment shall not be brought after the expiration of
2 years from the date on which the cause of action accrued:

Provided that for the purposes of this subsection the expression
'penalty' shall not include a fine to which any person is liable on
conviction of a criminal offence.





(6) Subsection (1) shall apply to an action to recover seamen's
wages, but save as aforesaid this section shall not apply to any cause
of action within the Admiralty jurisdiction of the High Court which is
enforceable in rem.

(7) This section shall not apply to any claim for specific
performance of a contract or for an injunction or for other equitable
relief, except in so far as any provision thereof may be applied by the
court by analogy in like manner as the corresponding enactment
contained in the Limitation Act 1939 is applied in the English Courts.

(8) This section has effect subject to section 27. (Added, 67 of 1976,
s. 3)

5. (1) Where any cause of action in respect of the conversion e or
wrongful detention of a chattel has accrued to any person and, before he
recovers possession of the chattel, a further conversion or wrongful
detention takes place, no action shall be brought in respect of the further
conversion or detention after the expiration of 6 years from the accrual of
the cause of action in respect of the original conversion or detention.

(2) Where any such cause of action has accrued to any person
and the period prescribed for bringing that action and for bringing any
action in respect of such a further conversion or wrongful detention as
aforesaid has expired and he has not during that period recovered
possession of the chattel, the title of that person to the chattel shall be
extinguished.

6. (1) Where under section 3 of the Civil Liability (Contribution)
Ordinance any person becomes entitled to a right to recover
contribution in respect of any damage from any other person, no action
to recover contribution by virtue of that right shall (subject to sections
22 and 26) be brought after the end of the period of 2 years from the
date on which that right accrued.

(2) For the purposes of this section the date on which a right to
recover contribution in respect of any damage accrues to any person
(in this subsection referred to as 'the relevant date') shall be
ascertained as follows, that is to say

(a)if the person in question is held liable in respect of that
damage by ajudgment given in any civil proceedings, or an
award made on any arbitration, the relevant date shall be the
date on which the judgment is given, or the date of the award,
as the case may be;

(b)if, in any case not falling within paragraph (a), the person in
question makes or agrees to make any payment to one or
more persons in compensation for that damage (whether he
admits any liability in respect of the damage or not), the
relevant date shall be the earliest date on which the amount to
be paid by him is agreed between him (or his representative)
and the person (or each of the persons, as the case may be)
to whom the payment is to be made,





and for the purposes of this subsection no account shall be taken of
any judgment or award given or made on appeal in so far as it varies
the amount of damages awarded against the person in question.
(Replaced, 77 of 1984, s. 10)

Actions to recover land and rent

7. (1) No action shall be brought by the Crown to recover
any land after the expiration of 60 years from the date on which the
right of action accrued to the Crown or, if it first accrued to some
person through whom the Crown claims, to that person.

(2) No action shall be brought by any other person to recover
any land after the expiration of 20 years from the date on which the
right of action accrued to him or, if it first accrued to some person
through whom he claims, to that person:

Provided that, if the right of action first accrued to the Crown
through whom the person bringing the action claims, the action
may be brought at any time before the expiration of the period
during which the action could have been brought by the Crown, or
of 20 years from the date on which the right of action accrued to
some person other than the Crown, whichever period first expires.

8. (1) Where the person bringing an action to recover land,
or some person through whom he claims, has been in possession
thereof, and has while entitled thereto been dispossessed or discon-
tinued his possession, the right of action shall be deemed to have
accrued on the date of the dispossession or discontinuance.

(2) Where any person brings an action to recover any land of
a deceased person, whether under a will or on intestacy, and the
deceased person was on the date of his death in possession of the
land or, in the case of a rentcharge created by will or taking effect
upon his death, in possession of the land charged, and was the last
person entitled to the land to be in possession thereof, the right of
action shall be deemed to have accrued on the date of his death.

(3) Where any person brings an action to recover land, being an
estate or interest in possession assured otherwise than by will to
him, or to some person through whom he claims by a person who, at
the date when the assurance took effect, was in possession of the
land or, in the case of a rentcharge created by the assurance, in
possession of the land charged, and no person has been in possession
of the land by virtue of the assurance, the right of action shall be
deemed to have accrued on the date when the assurance took effect.

9. (1) Subject as hereafter provided in this section the right
of action to recover any land shall, in a case where the estate or
interest claimed was an estate or interest in reversion or remainder
or any other future estate or interest and no person has taken





possession of the land by virtue of the estate or interest claimed, be
deemed to have accrued on the date on which the estate or interest fell
into possession by the determination of the preceding estate or interest.

(2) If the person entitled to the preceding estate or interest, not
being a term of years absolute, was not in possession of the land on the
date of the determination thereof, no action shall be brought by the
person entitled to the succeeding estate or interest after the expiration
of 20 years from the date on which the right of action accrued to the
person entitled to the preceding estate or interest, or 6 years from the
date on which the right of action accrued to the person entitled to the
succeeding estate or interest, whichever period last expires:

Provided that, where the Crown is entitled to the succeeding
estate or interest, the foregoing provisions of this subsection shall
have effect with the substitution for the reference to 20 years of a
reference to 60 years, and for the reference to 6 years of a reference to
20 years. (Amended, L.N. 100168)

(3) No person shall bring an action to recover any estate or interest
in land under an assurance taking effect after the right of action to
recover the land had accrued to the person by whom the assurance was
made or some person through whom he claimed or some person entitled
to a preceding estate or interest, unless the action is brought within the
period during which the person by whom the assurance was made
could have brought such an action.

(4) Where any person is entitled to any estate or interest in land in
possession and, while so entitled, is also entitled to any future estate or
interest in that land, and his right to recover the estate or interest in
possession is barred under this Ordinance, no action shall be brought
by that person, or by any person claiming through him, in respect of the
future estate or interest, unless in the meantime possession of the land
has been recovered by a person entitled to an intermediate estate or
interest.

10. (1) Subject to the provisions of section 20(1), the provisions of
this Ordinance shall apply to equitable interests in land, including
interests in the proceeds of the sale of land held upon trust for sale, in
like manne~r''as they apply to legal estates, and accordingly a right of
action to recover the land shall, for the purposes of this Ordinance but
not otherwise, be deemed to accrue to a person entitled in possession
to such an equitable interest in the like manner and circumstances and
on the same date as it wouUaccrue if his interest were a legal estate in
the land.

(2) Where any land is held upon trust, including a trust for sale,
and the period prescribed by this Ordinance has expired for the bringing
of an action to recover the land by the trustees, the estate of the
trustees shall not be extinguished if and so long as the right of action to
recover the land of any person entitled to a beneficial interest in the
land or in the proceeds of sale either has not accrued





or has not been barred by this Ordinance, but if and when every such
right of action has been so barred, the estate of the trustee shall be
extinguished.

(3) Where land is held upon trust, including a trust for sale, an
action to recover the land may be brought by the trustees on behalf of
any person entitled to a beneficial interest in possession in the land or
in the proceeds of sale whose right of action has not been barred by
this Ordinance, notwithstanding that the right of action of the trustees
would apart from this provision have been barred by this Ordinance.

11. A right of action to recover land by virtue ofa forfeiture or
breach of condition shall be deemed to have accrued on the date on
which the forfeiture was incurred or the condition broken:

Provided that, if such a right has accrued to a person entitled to an
estate or interest in reversion or remainder and the land was not
recovered by virtue thereof, the right of action to recover the land shall
not be deemed to have accrued to that person until his estate or interest
fell into possession, as if no such forfeiture or breach of condition had
occurred.

12. (1) A tenancy at will shall, for the purposes of this Ordinance,
be deemed to be determined at the expiration of a preiod of 1 year from
the commencement thereof, unless it has previously been determined,
and accordingly the right of action of the person entitled to the land
subject to the tenancy shall be deemed to have accrued on the date of
such determination.

(2) A tenancy from year to year or other period, without lease in
writing, shall, for the purposes of this Ordinance, be deemed to be
determined at the expiration of the first year or other period, and
accordingly the right of action of the person entitled to the land subject
to the tenancy shall be deemed to have accrued at the date of such
determination:

Provided that, where any rent has subsequently been received in
respect of the tenancy, the right of action shall be deemed to have
accrued on the date of the last receipt of rent.

(3) Where any person is in possession of land by virtue of a
lease in writing by which a rent of not less than $20 is reserved, and
the rent is received by some person wrongfully claiming to be
entitled to the land in reversion immediately expec tant on the
determination of the lease, and no rent is subsequently received by
the person rightfully so entitle d, the right of action of the last-named
person to recover the land shall be deemed to have accrued at the
date when the rent was first received by the person wrongfully
claiming as aforesaid and not at the date of the determination of the
lease.

(4) Subsections (1) and (3) shall not apply to any tenancy at will or
lease granted by the Crown.





13. (1) No right of action to recover land shall be deemed to accrue
unless the land is in the possession of some person in whose favour the
period of limitation can run (hereafter in this section referred to as
adverse possession) and where under the foregoing provisions of this
Ordinance any such right of action is deemed to accrue on a certain date
and no person is in adverse possession on that date, the right of action
shall not be deemed to accrue unless and until adverse possession is
taken of the land.

(2) Where a right of action to recover land has accrued and
thereafter, before the right is barred, the land ceases to be in adverse
possession, the right of action shall no longer be deemed to have
accrued and no fresh right of action shall be deemed to accrue unless
and until the land is again taken in adverse possession.

(3) For the purposes of this section-

(a)possession of any land subject to a rentcharge by a person
(other than the person entitled to the rentcharge) who does
not pay the rent shall be deemed to be adverse possession of
the rentcharge; and

(b)receipt of rent under a lease by a person wrongfully claiming,
in accordance with section 12(3), the land in reversion shall be
deemed to be adverse possession of the land.

14. When a mortgagee of land has been in possession of any of
the mortgaged land for a period of 20 years, no action to redeem the
land of which the mortgagee has been so in possession shall thereafter
be brought by the mortgagor or any person claiming through him.

15. For the purposes of this Ordinance, no person shall be deemed
to have been in possession of any land by reason only of having made
a formal entry thereon, and no continual or other claim upon or near any
land shall preserve any right of action to recover the land.

16. For the purposes of the provisions of this Ordinance relating to
actions for the recovery of land, an administrator of the estate of a
deceased person shall be deemed to claim as if there had been no
interval of time between the death of the deceased person and the grant
of the letters of administration.

17. Subject to the provisions of section 10, at the expiration of the
period prescribed by this Ordinance for any person to bring an action to
recover land (including a redemption action), the title of that person to
the land shall be extinguished.

18. No action shall be brought, or distress made, to recover arrears
of rent, or damages in respect thereof. after the expiration of 6 years
from the date on which the arrears became due.





Actions to recover money secured by a mortgage or charge or to
recover proceeds of the sale of land

19. (1) No action shall be brought to recover any principal sum of
money secured by a mortgage or other charge on property, or to
recover proceeds of the sale of land, after the expiration of 20 years from
the date when the right to receive the money accrued.

(2) No foreclosure action in respect of mortgaged personal
property shall be brought after the expiration of 20 years from the date
on which the right to foreclose accrued:

Provided that if, after that date the mortgagee was in possession of
the mortgaged property, the right to foreclose on the property which
was in his possession shall not, for the purposes of this subsection, be
deemed to have accrued until the date on which his possession
discontinued.

(3) The right to receive any principal sum of money secured by a
mortgage or other charge and the right to foreclose on the property
subject to the mortgage or charge shall not be deemed to accrue so
long as that property comprises any future interest or any life insurance
policy which has not matured or been determined.

(4) Nothing in this section shall apply to a foreclosure action in
respect of mortgaged land, but the provisions of this Ordinance
relating to actions to recover land shall apply to such an action.

(5) No action to recover arrears of interest payable in respect of
any sum of money secured by a mortgage or other charge or payable in
respect of proceeds of the sale of land, or to recover damages in
respect of such arrears, shall be brought after the expiration of 6 years
from the date on which the interest became due:

Provided that

(a)where a prior mortgagee or other incumbrancer has been in
possession of the property charged, and an action is brought
within 1 year of the discontinuance of such possession by
the subsequent incumbrancer, he may recover by that action
all the arrears of interest which fell due during the period of
possession by the prior incumbrancer or damages in respect
thereof, notwithstanding that the period exceeded 6 years;

(b)where the property subject to the mortgage or charge
comprises any future interest or life insurance policy and it is
a term of the mortgage or charge that arrears of interest -shall
be treated as part of the principal sum of money secured by
the mortgage or charge, interest shall not be deemed to
become due before the right to receive the principal sum of
money has accrued or is deemed to have accrued.

(6) This section shall not apply to any mortgage or charge- on a
ship.





Actions in respect of trust property or the personal
estate of deceased persons

20. (1) No period of limitation prescribed by this Ordinance
shall apply to an action by a beneficiary under a trust, being an
action-

(a)in respect of any fraud or fraudulent breach of trust to
which the trustee was a party or privy; or

(b)to recover from the trustee trust property or the proceeds
thereof in the possession of the trustee, or previously
received by the trustee and converted to his use.

(2) Subject as aforesaid, an action by a beneficiary to recover
trust property or in respect of any breach of trust, not being an
action for which a period of limitation is prescribed by any other
provision of this Ordinance, shall not be brought after the expiration
of 6 years from the date on which the right of action accrued:

Provided that the right of action shall not be deemed to have
accrued to any beneficiary entitled to a future interest' in the trust
property, until the interest fell into possession.

(3) No beneficiary as against whom there would be a good
defence under this Ordinance shall derive any greater or other
benefit from a judgment or order obtained by any other beneficiary
than he could have obtained if he had brought the action and this
Ordinance had been pleaded in defence.

21. Subject to the provisions of section 20(1), no action in
respect of any claim to the personal estate of a deceased person or
to any share or interest in such estate, whether under a will or on
intestacy, shall be brought after the expiration of 12 years from the
date when the right to receive the share or interest accrued, and no
action to recover arrears of interest in respect of any legacy, or
damages in respect of such arrears, shall be brought after the expira-
tion of 6 years from the date on which the interest became due.

PART III

EXTENSION OF LIMITATION PERIODS IN CERTAIN CASES

Disability

22. (1) If on the date when any right of action accrued for
which a period of limitation is prescribed by this Ordinance, the
person to whom it accrued was under a disability, the action may be
brought at any time before the expiration of 6 years from the date
when the person ceased to be under a disability or died, whichever
event first occurred, notwithstanding that the period of limitation
had expired:





Provided that

(a) this section shall not affect any case where the right of
a ction first accrued to some person (not under a disability)
through whom the person under a disability claims;

(b)when a right of action which has accrued to a person under a
disability accrues, on the death of that person while still under
a disability, to another person under disability, no further
extension of time shall be allowed by reason of the disability
of the second person; (Amended, L.N. 100/68)

(c)no action to recover land or money charged on land shall be
brought by virtue of this section by any person after the
expiration of 30 years from the date on which the right of
action accrued to that person or some person through whom
he claims;

(d)this section shall not apply to any action to recover a penalty
or forfeiture, or sum by way thereof, by virtue of any
Ordinance or imperial enactment, except where the action is
brought by an aggrieved party.

(2) If the action is one to which section 27 or 28(3) applies
subsection (1) shall have effect as if for the words '6 years' there were
substituted the words '3 years'. (Replaced, 67 of 1976, s. 4)

(2A) Where this section applies by virtue of section 6, subsection
(1) shall have effect as if for the words '6 years' there were substituted
the words '2 years'. (Added, 67 of 1976, s. 4)

(3) For the purposes of this section, a person shall be deemed to be
under a disability while he is an infant or of unsound mind, and, without
prejudice to the generality of the foregoing provisions of this
subsection, a person shall be conclusively presumed to be of unsound
mind while he is detained in pursuance of any Ordinance or imperial
enactment authorizing the detention of persons of unsound mind,
including persons convicted of offences or awaiting trial, or while he is
receiving treatment voluntarily under the provisions of the Mental
Health Ordinance.

Acknowledgment and part payment

23. (1) Where there has accrued any right of action (including a
foreclosure action) to recover land or any right of a mortgagee of
personal property to bring a foreclosure action in respect of the
property, and

(a)the person in possession of the land or personal property
acknowledges the title of the person to whom the right of
action has accrued; or

(b)in the case of a foreclosure or other action by a mortgagee,
the person in possession as aforesaid or the person liable for
the mortgage debt makes any payment in respect thereof,
whether of principal or interest,





the right shall be deemed to have accrued on and not before the date of
the acknowledgment or payment. (Amended, L.N. 100/68)

(2) Where a mortgagee is by virtue of the mortgage in possession
of any mortgaged land and either receives any sum in respect of the
principal or interest of the mortgage debt or acknowledges the title of
the mortgagor, or his equity of redemption, an action to redeem the land
in his possession may be brought at any time before the expiration of 12
years from the date of the payment or acknowledgment.

(3) Where any right of action has accrued to recover any debt or
other liquidated pecuniary claim, or any claim to the personal estate of a
deceased person or to any share or interest therein, and the person
liable or accountable therefor acknowledges the claim or makes any
payment in respect thereof, the right shall be deemed to have accrued
on and not before the date of the acknowledgment or the last payment:

Provided that a payment of a part of the rent or interest due at any
time shall not extend the period for claiming the remainder then due, but
any payment of interest shall be treated as a payment in respect of the
principal debt. (Amended, L.N. 346/82)

24. (1) Every such acknowledgment as aforesaid shall be in writing
and signed by the person making the acknowledgment.

(2) Any such acknowledgment or payment as aforesaid may be
made by the agent of the person by whom it is required to be made
under section 23, and shall be made to the person, or to an agent of the
person, whose title or claim is being acknowledged or, as the case may
be, in respect of whose claim the payment is being made.

25. (1) An acknowledgment of the title to any land or mortgaged
personalty by any person in possession thereof shall bind all other
persons in possession during the ensuing period of limitation.

(2) A payment in respect of a mortgage debt by the mortgagor or
any person in possession of the mortgaged property shall, so far as any
right of the mortgagee to foreclose or otherwise to recover the property
is concerned, bind all other persons in possession of the mortgaged
property during the ensuing period of limitation.

(3) Where 2 or more mortgagees are by virtue of the mortgage in
possession of the mortgaged land, an acknowledgment of the
mortgagor's title or of his equity of redemption by one of the
mortgagees shall bind only him and his successors and shall not bind
any other mortgagee or his successors, and where the mortgagee by
whom the acknowledgment is given is entitled to a part of the
mortgaged land and not to any ascertained part of the mortgage debt,
the mortgagor shall be entitled to redeem that part of the land





on payment, with interest, of the part of the mortgage debt which bears
the same proportion to the whole of the debt as the value of the part of
the land bears to the whole of the mortgaged land.

(4) Where there are 2 or more mortgagors, and the title or right to
redemption of one of the mortgagors is acknowledged as aforesaid, the
acknowledgment shall be deemed to have been made to all the
mortgagors.

(5) An acknowledgment of any debt or other liquidated pecuniary
claim shall bind the acknowledgor and his successors but not any other
person:

Provided that an acknowledgment made after the expiration of the
period of limitation prescribed for the bringing of an action to recover
the debt or other claim shall not bind any successor on. whom the
liability devolves on the determination of a preceding estate or interest
in property under a settlement taking effect before the date of the
acknowledgment.

(6) A payment made in respect of any debt or other liquidated
pecuniary claim shall bind all persons liable in respect thereof..

Provided that a payment made after the expiration of the period of
limitation prescribed for the bringing of an action to recover the debt or
other claim shall not bind any person other than the person making the
payment and his successors, and shall not bind any successor on
whom the liability devolves on the determination of a preceding estate
or interest in property under a settlement taking effect before the date
of the payment.

(7) An acknowledgment by one of several personal representatives
of any claim to the personal estate of a deceased person, or to any
share or interest therein, or a payment by one of several personal
representatives in respect of any such claim shall bind the estate of the
deceased person.

(8) In this section the expression 'successor', in relation to any
mortgagee or person liable in respect of any debt or claim, means his
personal representatives and any other person on whom the rights
under the mortgage or, as the case may be, the liability in respect of the
debt or claim devolve, whether on death or bankruptcy or the
disposition of property or the determination of a limited estate or
interest in settled property or otherwise.

Fraud and mistake

26. Where, in the case of any action for which a period of limitation
is prescribed by this Ordinance, either

(a) the action is based upon the fraud of the defendent or his
agent or of any person through whom he claims or his
agent; or





(b)the right of action is concealed by the fraud of any such
person; or

(c) the action is for relief from the consequences of a mistake,

the period of limitation shall not begin to run until the plaintiff has
discovered the fraud or the mistake, as the case may be, or could with
reasonable diligence have discovered it:

Provided that nothing in this section shall enable any action to be
brought to recover, or enforce any charge against, or set aside any
transaction affecting, any property which

(i)in the case of fraud, has been purchased for valuable
consideration by a person Who was not a party to the fraud
and did not at the time of the purchase know or have reason
to believe that any fraud had been committed; or

(ii)in the case of mistake, has been purchased for valuable
consideration, subsequently to the transaction in which the
mistake was made, by a person who did not know or have
reason to believe that the mistake had-been made.

Special provisions applicable to certain actions
in respect of personal injuries

27. (1) This section applies to any action for damages for
negligence, nuisance or breach of duty (whether the duty exists by
virtue of a contract or of provision made by or under an Ordinance or
imperial enactment or independently of any contract or any such
provision) where the damages claimed by the plaintiff for the
negligence, nuisance or breach of duty consist of or include damages in
respect of personal injuries to the plaintiff or any other person.

(2) Section 4 shall not apply to an action to which this section
applies.

(3) Subject to section 30, an action to which, this section applies
shall not be brought after the expiration of the period specified in
subsections (4) and (5).

(4) Except where subsection (5) applies, the said period is 3 years
from

(a) the date on which the cause of action accrued; or

(b) the date (if later) of the plaintiff's knowledge.

(5) If the person injured dies before the expiration of the period in
subsection (4), the period as respects the cause of action surviving for
the benefit of the estate of the deceased by virtue of section 20 of the
Law Amendment and Reform (Consolidation) Ordinance shall be 3 years
from

(a) the date of death; or

(b) the date of the personal representative's knowledge,

whichever is the later.





(6) In this section, and in section 28, references to a person's date
of knowledge are references to the date on which he first had
knowledge of the following facts

(a) that the injury in question was significant; and

(b)that that injury was attributable in whole or in part to the act or
omission which is alleged to constitute negligence, nuisance
or breach of duty; and

(c) the identity of the defendant; and

(d)if it is alleged that the act or omission was that of a person
other than the defendant, the identity of that person and the
additional facts supporting the bringing of an action against
the defendant,

and knowledge that any acts or omissions did or did not, as a matter of
law, involve negligence, nuisance or breach of duty is irrelevant.

(7) For the purposes of this section an injury is significant if the
plaintiff would reasonably have considered it sufficiently serious to
justify his instituting proceedings for damages against a defendant who
did not dispute liability and was able to satisfy a judgment.

(8) For the purposes of this section and section 28 a person's
knowledge includes knowledge which he might reasonably have been
expected to acquire

(a) from facts observable or ascertainable by him; or

(b)from facts ascertainable by him with the help of medical or
other appropriate expert advice which it is reasonable for him
to seek,

but a person shall not be fixed under this subsection with knowledge of
a fact ascertainable only with the help of expert advice so long as he
has taken all reasonable steps to obtain (and, where appropriate, to act
on) that advice.

(9) For the purposes of this section 'personal representative'
includes any person who is or has been a personal representative of the
deceased, including an executor'who,has not proved the will (whether
or not he has renounced probate); and regard shall be had to any
knowledge acquired by any such person while a personal
representative or previously.

(10) If there is more than one personal representative, and their
dates of knowledge are different, subsection (5)(b) shall be read as
referring to the earliest of those dates.

(Replaced, 67 of 1976, s. 5)

28. (1) This section has effect subject to section 30.

(2) An action under the Fatal Accidents Ordinance shall not be
brought if the death occurred when the person injured could no longer
maintain an action and recover damages in respect of the injury
(whether because of a time limit in this Ordinance or in any





other Ordinance, or any other reason); and where any such action by
the injured person would have been barred by the time limit in section
27, no account shall be taken of the possibility of that time limit being
overridden under section 30.

(3) An action under the Fatal Accidents Ordinance shall not be
brought after the expiration of 3 years from

(a) the date of death; or

(b)the date of knowledge of the person for whose benefit the
action is brought,

whichever is the later.

(4) Subsection (3) shall not apply to an action for which a period of
limitation is prescribed by or under any Ordinance other than this
Ordinance, and section 27 shall not apply to an action under the Fatal
Accidents Ordinance.

(5) An action under the Fatal Accidents Ordinance shall be one to
which section 22 applies, but otherwise sections 22 to 26, inclusive, and
Part IV shall not apply to the action.

(Replaced, 67 of 1976, s. 5)

29. (1) This section applies where there is more than one person for
whose benefit an action under the Fatal Accidents Ordinance is
brought.

(2) Section 28(3)(b) shall be applied separately to each of them, and if that
would debar one or more of them, but not all, the court shall direct that
any person who would be so debarred shall be excluded from those for
whom the action is brought unless it is shown that if the action were
brought exclusively for the benefit of that person it would not be
defeated by a defence of limitation (whether in consequence of section
22, or an agreement between the parties not to raise the defence, or
otherwise).

(Replaced, 67 of 1976, s. 5)

30. (1) If it appears to the court that is would be equitable to allow
an action to proceed having regard to the degree to which

(a)the provisions of section 27 or 28 prejudice the plaintiff or any
person whom he represents; and

(b)any decision of the court under this subsection would
prejudice the defendant or any person whom he represents,

the court may direct that those provisions shall not apply to the action,
or shall not apply to any specified cause of action to which the action
relates.

(2) The court shall not under this section disapply section 28(2)
except where the reason why the person injured could no longer
maintain an action was because of the time limit in section 27; so that if,
for example, the person injured could at his death no longer maintain an
action under the Fatal Accidents Ordinance





because of the time limit under the Carriage by Air (Overseas
Territories) Order 1967, the court has no power to direct that section
28(2) shall not apply.

(3) In acting under this section the court shall have regard to all
the circumstances of the case and in particular to

(a)the length of, and the reasons for, the delay on the part of the
plaintiff,

(b)the extent to which, having regard to the delay, the evidence
adduced or likely to be adduced by the plaintiff or the
defendant is or is likely to be less cogent than if the action
had been brought within the time allowed by section 27 or 28,
as the case may be;

(c)the conduct of the defendant after the cause of action arose,
including the extent, if any, to which he responded to
requests reasonably made by the plaintiff for information or
inspection for the purpose of ascertaining facts which were or
might be relevant. to the plaintiff's cause of action against the
defendant;

(d)the duration of any disability of the plaintiff arising after the
date of the accrual of the cause of action;

(e)the extent to which the plaintiff acted promptly and
reasonably once he knew whether or not the act or omission
of the defendant, to which the injury was attributable, might
be capable at that time of giving rise to an action for damages;

the steps, if any taken by the plaintiff to obtain medical, legal
or other expert advice and the nature of any such advice he
may have received.

(4) In a case where the person injured died when, because of
section 27, he could no longer maintain an action and recover damages
in respect of the injury, the court shall have regard in particular to the
length of, and the reasons for, the delay on the part of the deceased.

(5) In a case under subsection (4), or any other case where the time
limit, or one of the time limits, depends on the date of knowledge of a
person other than the plaintiff, subsection (3) shall have effect with
appropriate modifications, and shall have effect in particular as if
references to the plantiff included references to any person whose date
of knowledge is or was relevant in determining a time limit.

(6) A direction by the court disapplying the 'provisions of section
28(2) shall operate to disapply the provisions to the same effect in
section 3 of the Fatal Accidents Ordinance.

(7) In this section 'the courC means the court in which the action
has been brought.





(8) References in this section to section 27 include references to
that section as extended by any provision of this Part and Part IV.
(Replaced, 67 of 1976, s. 5)

31-33. [Repealed, 67 of 1976, s. 5]

PART IV

GENERAL

34. (1) This Ordinance and any other Ordinance or imperial
enactment relating to the limitation of actions shall apply to arbitrations
as they apply to actions in the High Court.

(2) Notwithstanding any term in an arbitration agreement to the
effect that no cause of action shall accrue in respect of any matter
required by the agreement to be referred until an award is made under
the agreement, the cause of action shall, for the purpose of this
Ordinance and of any other such Ordinance or imperial enactment
(whether in their application to arbitrations or to other proceedings), be
deemed to have accrued in respect of any such matter at the time when
it would have accrued but for that term in the agreement.

(3) For the purpose of this Ordinance and of any other such
Ordinance or imperial enactment as aforesaid, an arbitration shall be
deemed 'to be commenced when one party to the arbitration serves on
the other party or parties a notice requiring him or them to appoint an
arbitrator or to agree to the appointment of an arbitrator, or, where the
arbitration agreement provides that the reference shall be to a person
named or designated in the agreement, requiring him or them to submit
the dispute to the person so named or designated.

(4) Any such notice as aforesaid may be served either-

(a) by delivering it to the person on whom it is to be served; or

(b)by leaving it at the usual or last known place of abode of that
person; or

(c)by sending it by post in a registered letter addressed to that
person at his usual or last known place of abode,

as well as in any oth er manner provided in the arbitration agreement;
and where a notice is sent by post in manner prescribed by paragraph
(c), service thereof shall, unless the contrary is proved, be deemed to
have been effected at the time at which the letter would have been
delivered in the ordinary course of post.

(5) Where the court orders that an award be set aside or orders,
after the commencement of an arbitration, that the arbitration shall
cease to have effect with respect to the dispute referred, the court may
further order that the period between the commencement of the
arbitration and the date of the order of the court shall be





excluded in computing the time prescribed by this Ordinance or any
such other Ordinance or imperial enactment as aforesaid for the
commencement of proceedings (including arbitration) with respect
to the dispute referred.

(6) This section shall apply to an arbitration under an Ordin-
ance as well as to an arbitration pursuant to an arbitration agree-
ment, and subsections (3) and (4) shall have effect, in relation to an
arbitration under an Ordinance, as if for the references to the
arbitration agreement there were substituted references to such of
the provisions of the Ordinance or of any order, scheme, rules,
regulations or by-laws made thereunder as relate to the arbitration.

35. (1) For the purposes of this Ordinance, any new claim
made in the course of any action shall be deemed to be a separate
action and to have been commenced-

(a)in the case of a new claim made in or by way of third party
proceedings, on the date on which those proceedings were
commenced',. and

(b)in the case of any other new claim, on the same date as the
original action.

(2) In this section a new claim means any claim by way of
set-off or counterclaim, and any claim involving either-

(a) the addition or substitution of a new cause of action; or

(b) the addition or subsitution of a new party,

and 'third party proceedings' means any proceedings brought in the
course of any action by any party to the action against a person not
previously a party to the action, other than proceedings brought by
joining any such person as defendant to any claim already made in
the original action by the party bringing the proceedings.

(3) Except as provided by section 30 or by rules of court, the
court shall not allow a new claim within subsection (])(b), other than
an original set-off or counterclaim, to be made in the course of any
action after the expiry of any time limit under this Ordinance which
would affect a new action to enforce that claim.

(4) For the purposes of subsection (3), a claim is an original
set-off or an original counterclaim if it is a claim made by way of
set-off or (as the case may be) by way of counterclaim by a party
who has not previously made any claim in the action.

(5) Rules of court may provide for allowing a new claim to
which subsection (3) applies to be made as there mentioned, but only
if the conditions specified in subsection (6) are satisfied, and subject
to any further restrictions the rules may impose.

(6) The conditions referred to in subsection (5) are-





(a)in the case of a claim involving a new cause of action, if the
new cause of action arises out of the same facts or
substantially the same facts as a cause of action in respect of
which relief has already been claimed in the action by the
party applying for leave to make the amendment; and

(b)in the case of a claim involving a new party, if the addition or
substitution of the new party is necessary for the
determination of the original action,

(7) The addition or substituion of a new party shall not be
regarded for the purposes of subsection (6)(b) as necessary for the
determination of the original action unless either

(a)the new party is substituted for a party whose name was
given in any claim made in the original action in mistake for
the new party's name; or

(b)any claim already made in the original action cannot be
maintained by or against an existing party unless the new
party is joined or subsituted as plaintiff or defendant in that
action.

(8) Subject to subsection (5), rules of court may provide for
allowing a party to any action to claim relief in a new capacity in respect
of a new cause of action notwithstanding that he had no title to make
that claim at the date of the commencement of the action.

(9) Subsection (8) shall not be taken as prejudicing the power of
rules of court to provide for allowing a party to claim relief in a new
capacity without adding or substituting a new cause of action.

(10) Subsections (3) to (9) shall apply in relation to a new claim
made in the course of third party proceedings as if those proceedings
were the original action, and subject to such other modifications as
may be prescribed by rules of court in any case or class of case.

(11) The power to make rules of court under section 54 of the
Supreme Court Ordinance shall include power to make rules of court for
the purposes of this section.

(12) Rules of court made before the commencement* of the
Limitation (Amendment) Ordinance 1984 which would have been
validly made had this section been in operation when they were made
shall have effect as from the commencement of the Limitation
(Amendment) Ordinance 1984 as if made by virtue of this section.
(Replaced, 58 of 1984, s. 2)

36. Nothing in this Ordinance shall affect any equitable jurisdiction
to refuse relief on the ground of acquiescence or otherwise.

37. Save as in this Ordinance otherwise expressly provided and
without prejudice to the provisions of section 40, this Ordinance shall
apply to proceedings by or against the Crown in like manner as it
applies to proceedings between subjects:





Provided that this Ordinance shall not apply to any proceedings
by the Crown for the recovery of any tax or duty or interest thereon or
to any forfeiture proceedings under the Dutiable Commodities
Ordinance or any Ordinance relating to duties of excise or to any
proceedings in respect of the forfeiture of a ship.

38. (1) Sections 22(2) and (2A), 27, 28, 29 and 30 shall have
effect in relation to causes of action which accrued before, as well as
causes of actio n which accrue on or after, 1 February 1977 and shall
have effect in relation to any cause of action which accrued before I
February 1977 notwithstanding that an action in respect thereof has
been commenced and is pending on 1 February 1977. (Replaced,
67 of 1976, s. 6)

(2) For the purposes of this section an action shall not be taken to
be pending at any time if a final order or judgment has been made or
given therein, notwithstanding that an appeal is pending or that the
time for appealing has not expired. (Replaced, 67 qf 1976, s. 6),

(3) A decision taken at any time by a court to grant, or not to grant,
leave under the former sections 27 to 33 inclusive (which, so far as they
relate to leave, are repealed by the Limitation (Amendment) Ordinance
1976) does not affect the determination of any question in proceedings
under the Limitation (Amendment) Ordinance 1976, but in such
proceedings account may be taken or evidence admitted in proceedings
under the said sections repealed by the Limitation (Amendment)
Ordinance 1976. (Replaced, 67 of 1976, s. 6)

(3A) In this section 'action' includes any proceedings in a court
of law, an arbitration and a claim by way of set-off or counterclaim.
(Added, 67 qf 1976, s. 6)

(4) Save as aforesaid, nothing in this Ordinance shall-

(a)affect any action or arbitration commenced before the
commencement of this Ordinance or the title to any property
which is the subject of any such action or arbitration; or

(b)enable any action to be brought which, immediately before the
commencement of this Ordinance, was then barred by the
provision of any imperial enactment or Ordinance which
ceases to apply in the Colony by virtue of or, as the case may
be, is repealed by section 39, except in so far as the cause of
action or right of action may be revived by an
acknowledgment or part payment made in accordance with the
provisions of this Ordinance.

(5) Subject to the provisions of section 6 and subsection (4) of this
section, the time for bringing proceedings in respect of a cause of action
which accrued before the commencement of this Ordinance





shall, if it has not then already expired, expire at a time when it would
have expired apart frorri the provisions of this Ordinance or at any time
when it would have expired if the provisions of this Ordinance had at all
material times been in force, whichever is the later:

Provided that where a cause of action, for which a period of
limitation is prescribed by this Ordinance, has accrued before the
commencement of this Ordinance in any case in which, but for the
provisions of this Ordinance, no time for bringing -proceedings in
respect thereof is limited, the time for bringing such proceedings, as
limited by the provisions of this Ordinance, shall commence to run from
the date of the coming into operation of this Ordinance.

39. The imperial enactments set out in the first column of the
Schedule shall to the extent specified in the second column thereof,
cease to apply in the Colony.

40. This Ordinance shall not apply to any action or arbitration for
which a period of limitation is prescribed by or under any other
Ordinance or any imperial enactment, or to any action or arbitration to
which the Crown is a party and for which, if it were between subjects, a
period of limitation would be prescribed by or under any other
enactment.

(Amended, 67 of 1976, s. 8)

Originally 31 of 1965. L.N. 37/68. L.N. 100/68. 9 of 1972. 67 of 1976. L.N. 346/82. 58 of 1984. 77 of 1984. Short title. Interpretation. 1939 c. 21, s. 31; 1954 c. 36, s. 2(3). (Cap. 29.) Part II to be subject to provisions of Part III. 1939 c. 21, s. 1. Limitation of actions of contract and tort, and certain other actions. 1939 c. 21, s. 2; 1954 c. 36, s. 2(1). (1939 c. 21.) 1975 c. 54, schedule. Limitation in case of successive conversions and extinction of title of owner of converted goods. 1939 c. 21, s. 3. Time limit for claiming contribution. 1978 c. 47, Sch. 1, para 6. (Cap. 377.) Limitation of actions to recover land. Accrual of right of action in case of present interests in land. 1939 c. 21, s. 5. Accrual of right of action in case of future interests. 1939 c. 21, s. 6. Provisions in case of land held on trust. 1939 c. 21, s. 7. Accrual of right of action in case of forfeiture or breach of condition. 1939 c. 21, s. 8. Accrual of right of action in case of certain tenancies. 1939 c. 21, s. 9. Right of action not to accrue or continual unless there is adverse possession. 1939 c. 21, s. 10. Limitation of redemption actions. 1939 c. 21, s. 12. No right of action to be preserved by formal entry or continual claim. 1939 c. 21, s. 13. Administration to date back to death. 1939 c. 21, s. 15. Extinction of title after expiration of period. 1939 c. 21, s. 16. Limitation of actions to recover rent. 1939 c. 21, s. 17. Limitation of actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land. 1939 c. 21, s. 18. Limitation of actions in respect of trust property. 1939 c. 21, s. 19. Limitation of actions claiming personal estate of a deceased person. 1939 c. 21, s. 20. Extension of limitation period in case of disability. 1939 c. 21, ss. 22 & 31(2) & (3) ; 1954 c. 36, s. 2(2). 1975 c. 54 ,s . 2. (Cap. 136.) Fresh accrual of action on acknowledgment or part payment. 1939 c. 21, s. 23. Formal provisions as to acknowledgments and part payments. 1939 c. 21, s. 24. Effect of acknowledgment or part payment on persons other than the maker or recipient. 1939 c. 21, s. 25. Postponement of limitation period in case of fraud or mistake. 1939 c. 21, s. 26. Time limit for personal injuries. 1975 c. 54, s. 1. (Cap. 23.) Time limit for actions under Fatal Accidents. Ordinance. 1975 c. 54, s. 1. (Cap. 22.) Dependants subject to different timer limits. 1975 c. 54, s. 1. (Cap. 22.) Court's power to override timer limits. 1975 c. 54, s. 1. (Cap. 22.) (Cap. 22.) Application of Ordinance and other limitation enactments to arbitrations. 1939 c. 21, s. 27. New claims in pending actions; rules of court. 1980 c. 58, s. 35. 9Cap. 4.) (58 of 1984.) [*27.7.84.] Acquiescence. 1939 c. 21, s. 29. Application to the Crown. 1939 c. 21, s. 30(1). (Cap. 109.) Transitional provisions and provisions as to actions already barred. 1975 c. 54,s . 3. (67 of 1976.) 1939 c. 21, s. 33. 1954 c. 36, s. 7(1). Cessations of application. Schedule. Saving. (1588 c. 5.) (1623 c. 16.) (1705 c. 3.) (1769 c. 16.) (1828 c. 14.) (1833 c. 27.) (1833 c. 42.) (1837 c. 28.) (1842 c. 97.)

Originally 31 of 1965. L.N. 37/68. L.N. 100/68. 9 of 1972. 67 of 1976. L.N. 346/82. 58 of 1984. 77 of 1984. Short title. Interpretation. 1939 c. 21, s. 31; 1954 c. 36, s. 2(3). (Cap. 29.) Part II to be subject to provisions of Part III. 1939 c. 21, s. 1. Limitation of actions of contract and tort, and certain other actions. 1939 c. 21, s. 2; 1954 c. 36, s. 2(1). (1939 c. 21.) 1975 c. 54, schedule. Limitation in case of successive conversions and extinction of title of owner of converted goods. 1939 c. 21, s. 3. Time limit for claiming contribution. 1978 c. 47, Sch. 1, para 6. (Cap. 377.) Limitation of actions to recover land. Accrual of right of action in case of present interests in land. 1939 c. 21, s. 5. Accrual of right of action in case of future interests. 1939 c. 21, s. 6. Provisions in case of land held on trust. 1939 c. 21, s. 7. Accrual of right of action in case of forfeiture or breach of condition. 1939 c. 21, s. 8. Accrual of right of action in case of certain tenancies. 1939 c. 21, s. 9. Right of action not to accrue or continual unless there is adverse possession. 1939 c. 21, s. 10. Limitation of redemption actions. 1939 c. 21, s. 12. No right of action to be preserved by formal entry or continual claim. 1939 c. 21, s. 13. Administration to date back to death. 1939 c. 21, s. 15. Extinction of title after expiration of period. 1939 c. 21, s. 16. Limitation of actions to recover rent. 1939 c. 21, s. 17. Limitation of actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land. 1939 c. 21, s. 18. Limitation of actions in respect of trust property. 1939 c. 21, s. 19. Limitation of actions claiming personal estate of a deceased person. 1939 c. 21, s. 20. Extension of limitation period in case of disability. 1939 c. 21, ss. 22 & 31(2) & (3) ; 1954 c. 36, s. 2(2). 1975 c. 54 ,s . 2. (Cap. 136.) Fresh accrual of action on acknowledgment or part payment. 1939 c. 21, s. 23. Formal provisions as to acknowledgments and part payments. 1939 c. 21, s. 24. Effect of acknowledgment or part payment on persons other than the maker or recipient. 1939 c. 21, s. 25. Postponement of limitation period in case of fraud or mistake. 1939 c. 21, s. 26. Time limit for personal injuries. 1975 c. 54, s. 1. (Cap. 23.) Time limit for actions under Fatal Accidents. Ordinance. 1975 c. 54, s. 1. (Cap. 22.) Dependants subject to different timer limits. 1975 c. 54, s. 1. (Cap. 22.) Court's power to override timer limits. 1975 c. 54, s. 1. (Cap. 22.) (Cap. 22.) Application of Ordinance and other limitation enactments to arbitrations. 1939 c. 21, s. 27. New claims in pending actions; rules of court. 1980 c. 58, s. 35. 9Cap. 4.) (58 of 1984.) [*27.7.84.] Acquiescence. 1939 c. 21, s. 29. Application to the Crown. 1939 c. 21, s. 30(1). (Cap. 109.) Transitional provisions and provisions as to actions already barred. 1975 c. 54,s . 3. (67 of 1976.) 1939 c. 21, s. 33. 1954 c. 36, s. 7(1). Cessations of application. Schedule. Saving. (1588 c. 5.) (1623 c. 16.) (1705 c. 3.) (1769 c. 16.) (1828 c. 14.) (1833 c. 27.) (1833 c. 42.) (1837 c. 28.) (1842 c. 97.)

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