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the life of a person trustee, and the beneficial interest in such beneficially entitled real estate or in the surplus rents and profits for life, to take the thereof, shall not be given to any person for
life, or such beneficial interest shall be given to any person for life, but the purposes of the trust may continue beyond the life of such person, such devise shall be construed to vest in such trustee the fee simple or other the whole legal estate which the testator had power to dispose of by will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied.
Devises of estate tail not to lapse.
19. Where any person, to whom any real estate shall be devised for an estate tail or an estate in quasi entail, shall die in the lifetime of the testator, leaving issue who would be inheritable under such entail, and and such issue shall be living at the time of the death of the testator, such devise shall not lapse but shall take effect, as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.
Gifts to children, 20. Where any person, being a child or or other issue, who other issue of the testator, to whom any leave issue living at real or personal estate shall be devised or the testator's death, not to lapse. bequeathed for any estate or interest not determinable at or before the death of such person, shall die in the lifetime of the testator, leaving issue, and any such issue of such person shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.
Extent of Act.
21. Sections nine to twenty inclusive of Act not to extend this Act shall not extend to any will made to estates pour autre before the fourteenth day of August one vie, of persons who thousand eight hundred and sixty nine, and die before the passing of this Act. every will re-executed, or re-published revived by any codicil, shall, for the purposes of the said sections be deemed to have been made at the time at which the same shall be so re-executed, re-published, or revived, and the said sections shall not extend to any estates pour autre vie of any person who shall
have died before the said fourteenth of August.
22. The several Acts mentioned in the schedule to this Act are hereby repealed, provided that
(1.) Any enactment or document referring to any Act or enactment hereby repealed shall be construed to refer to this Act or to the corresponding enactment in this Act.
(2.) This repeal shall not affect
(a) The past operation of any enactment
hereby repealed nor any thing duly
(b) any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment hereby repeal ed; or
(c) any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactments hereby repealed; or
(d) any investigation, legal proceeding or
remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding and remedy may be carried on as if this Act had not passed; or (e) any Act in which the enactments hereby repealed have been applied, incorporated or referred to.
(3.) This repeal shall not revive any enact ment, right, office, privilege, matter or thing not in force or existing at the passing of this Act.
(4.) This repeal shall not affect any will or estate pour autre vie not affected by this Act.
(Assented to 26th February 1891.)
An Act to consolidate and amend the Acts of this Island relating to limitation and prescription.
E it enacted by the Governor, Council, and Assembly of this Island, and by the authority of the same, as follows;
1. This Act may be cited as "The Limitation and Prescription Act, 1891."
2. The words and expressions hereinafter Meaning of words in mentioned, which in their ordinary significa- the Act. tion have a more confined or different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows: that is to say, the word "Land" shall extend to messuages and all other corporeal hereditaments whatsoever, and also to any share, estate, or interest in them or any of them, whether the same shall be a freehold or a chattel interest; and the word "Rent" shall extend to all services and suits for which a distress may be made, and to all annuities and periodical sums of money charged upon or payable out of any land; and the person through whom another person is said to claim shall mean any person by, through, or under, or by the act of whom the person so claiming became entitled to the estate or interest claimed, as heir, issue in tail, tenant
by courtesy of England, tenant in dower, successor, special or general occupant, executor, administrator, legatee, husband, assig nee, appointee, devisee, or otherwise; and the word "Person" shall extend to a body politic, corporate, or collegiate, and to a class of creditors or other persons as well as an individual.
No land or rent 3. From and after the passing of this Act to be recovered but within 10 years no person shall make an entry or distress after the right of or bring an action to recover any land or action accrued to rent but within ten years next after the the claimant or time at which the right to make such entry some person whose or distress or to bring such action shall estate he claims. have first accrued to some person through whom he claims, or if such right shall not have accrued to any person through whom he claims, then within ten 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 the person making or bringing the same.
4. In the construction of this Act the right to make an entry or distress, or bring an action to recover any land or rent, shall be deemed to have first accrued at such time as hereinafter mentioned; that is to say, when the person claiming such land or rent, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in receipt of such rent, and shall, while entitled thereto, have been dispossessed, or have discontinued such possession or receipt, ther such right shall be deemed to have first accrued at the time of such dispossession or discontinuance of possession or at
Where the right shall be deemed to