Section 32 enacts that every person claim ing a right in an advowson, which the tenant in tail thereof might have barred, shall be deemed a person claiming through such tenant in tail.
Section 33 enacts that an advowson shall not be recovered after one hundred years from the time at which a clerk shall have obtained possession thereof adversely to the right of the claimant, unless a clerk has sub sequently had possession of the benefice on the presentation of oomc person having the same right.
Section 34 enacts that at the determina tion of the period limited by this act to any person for making any entry or distress, or bringing any writ of quare impedit, or other action or writ, the right and title of such per son to the land, rent, or advowson, for the recovery whereof such, entry, distress, action, or suit respectively, might have been made or brought within such, period, shall be extin guished.
Section 35 enacts that the receipt of the rent payable by any tenant from year to year, or other leasee, shall, ao against ouch lessee or any person claiming under him (but sub ject to the lease), be deemed to be the receipt of the profits of the land for the purposes of this act.
By section 36, all real and mixed actions are abolished after the 31st of December, 1834, except dower, right of dower, quare impedit, and ejectment.
But section 37 enables any person not hav ing a right of entry on the 31st of December, 1834, to bring any real or mixed action, to which he was then entitled, at any time before the 1st of June, 1835.
And section 38 further provides that when on the 1st day of June, 1835, any person whose right of entry shall have been taken away by any descent cast, discontinuance, or warranty, might maintain any real action, he may maintain the same after the 1st day of June, 1835, but only within the period during which he might under the act have made an entry, if his right of entry had not been so taken away And by section 39, no deocent cast, discon tinuance, or warranty shall, after the 31st of December, 1833, toll or defeat any right of entry or action for the recovery of land.
Section 40 enacts that money secured by mortgage, judgment, or lien, or otherwise, charged upon or payable out of any land Or rent at law or in equity, or any legacy, shall not be recovered but within twenty years next after a present right shall have accrued to some person capable of giving a discharge for or releasing the same, unless there have been part payment in the mean time of pi in cipal or interest, or an acknowledgment in writing have been given, signed by the per son by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent, in which case the time runs from such payment or acknowledgment, or the last of them, if more than one.
Section 41 enacta that no arrears 3f dower. or any damages on account of such arrears shall be recovered but within six years before commencement of action or suit.
Section 42 enacts that no arrears of rent, or of interest in respect of any money charged upon any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered but within six years next after the same became due, or next after an acknowledgment of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable, or his agent, except where any prior mortgagee or incumbrancer shall have been in possession of the land mortgaged, or profits thereof, within one year next before any action or suit by a subsequent mortgagee or incumbrancer of the same land; in which case such subsequent mortgagee or incum brancer may in such action or suit recover all arrears of interest which shall have become due during the time that the prior mortgagee or incumbrancer was in possession of the land or profits thereof.
Section 43 extends the act to the spiritual courts.
Section 44 enacts that the act shall not extend to Scotland, and that it shall not, so far as it relates to advowsons, extend to Ireland .
Of Criminal Proceedings. The time within which indictments may be found, or other proceedings commenced, for crimes and offences, varies considerably in the different jurisdictions. In general, in all jurisdictions, the length of time is extended in some propor tion to the gravity of the offence. Indict ments for murder, in most, if not all, of the states, may. be found at any time during 'the life of the criminal after the death of the victim. Proceedings for less offences are to be com menced within periods varying from ten years to sixty days.
Of Estates. A circumscription of tbe quantity of time comprised in any estate. 1 Preston, Est. 25.
The definition or circumscription, in any conveyance, of the interest which the grantee is intended to take. The term is used by dif ferent writers in different senses. Thus, it is used by Lord Coke to denote the express de finition of an estate by the words of its crea tion, so that it cannot endure for any longer time than till the contingency happens upon which the estate is to fail. Ooke, Litt. 23 b. In the work of Mr. Sanders on Uses, the term is used, however, in a broader and more gene ral sense, as given in the second detinition above. 1 Sandero, Uses, 4th ed. 121 et seq. And, indeed. the same writers do not always confine themselves to one use of the term ; thou_gh the better usage is undoubtedly given by Mr. Stephen in his note above cited. And see Fearne, Cont. Rem. Butler's note n, 9th ed. 10 ; 1 Stephen, Comm. 5th ed. 304, note. For the distinctions between limitations and remainders, see CONDITIONAL LIMITATION ; CONTINGENT REMAINDER.
.Consult, generally, Angell, Ballantine, Price, on Limitations; Flintoff, Washburn, on Real Property; Barbour, Bishop, on Criminal Law.