APPENDIX. REGULATION No. 13 OF 1822. (Repealed by Ordinance No. 8 of 1834.) FOR FIXING THE PERIODS OF PRESCRIPTION IN CIVIL CASES AND REPEALING ALL PREVIOUS LAWS 1. OR CUSTOMS TOUCHING THE SAME. Whereas doubts have been entertained with respect to the periods which shall be considered as prescribing against, or barring actions for the recovery of property movable or immovable, according to the laws now in force: And whereas it must tend to the security of property and the quieting of titles to ascertain the same. 2. It is therefore enacted by His Excellency the Governor in Council, that from and after the first day of September now next ensuing, all laws heretofore enacted, or customs existing, with respect to the acquiring of rights, or the barring of Civil actions by prescription, wiihin and for the Maritime Districts of this Island, shall cease to be of any force or effect, and the same are hereby wholly repealed. 3. And it is further enacted that from and after the date aforesaid, proof of the undisturbed possession of land or immovable property by a title adverse to that of the claimant or plaintiff in any action, for ten years before the bringing of the action shall entitle the defenbant to a sentence in his favour with costs. 4. And it is further enacted, that no action shall be maintainable upon any instrument of hypothecation or mortgage, or upon any bond or other deed under seal, unless such action shall be brought within ten years from the date thereof, or of the last payment of interest thereupon. 5. And it is further enacted, that no action shall be maintainable upon any bill of exchange, promissory note, or other written, security not under seal, unless such action be brought within six years from the time at which such note or security shall have become payable, or when any payment of interest or other acknowledgment of the claim being unsatisfied shall have been made by the debtor. 6. And it is further enacted, that no action for any movable property, or upon any promise, contract, bargain or agreement relating to movable property, shall be maintainable unless such action shall be brought within three years after the cause of action Shall have arisen. 7. And it is further enacted that no action for any goods sold and delivered, for any shop bill or book debt, or for the wages of artisans, labourers or servants, shall be maintainable unless the same be brought within one year after the same shall have become due. 8. Provided always, that in case of the death of the creditor, if the said terms of three years and one year have not elapsed at the time thereof, his heir, executor or administrator shall be allowed to commence an action on his behalf, after the expiration of the said terms provided he does so within one year after the death of such creditor. 9. And provided always, that in case of the death of the debtor before the said terms of three years and one year shall have elapsed, no such action shall be maintainable against his estate, unless the same shall be brought within one year after his decease. 10. And it is further enacted that no action for any loss, injury or damage shall be maintainable unless the action shall be brought within two years after the cause of action shall have arisen. 11. Provided always, that where at the time of the right of action accruing, the plaintiff or defendant shall not be resident in this Island, or the plaintiff shall by reason of minority, or coverture, or insanity found by due course of law, be disabled from prosecuting such action, the period of prescription of such action shall with respect to such plaintift begin to run from the time of the coming of such plaintft to this Island, or from such plaintiff coming of age or becoming a widow, or from his or her being declared sane by due course of law; and with respect to such defendant from his coming to this Island. 12. And be it also enacted, that where such disability shall have ceased, and the term of prescription shall have commenced to run, no new or other disability shall be allowed to prevent such prescription being completed. 13 And provided further, that nothing in this Regulation contained shall extend to or affect the rights of the Crown. 14. And it is further enacted and declared, that nothing in this Regulation contained, shall be taken to alter or annual any of the provisions of the fourth Regulation of the year 1817, entitled "For the prevention of frauds and perjuries." 1 Given at Colombo, the eleventh day of July, 1822. By Order of the Council, GEO. LUSIGNAN. Scc. to Council. By His Excellency's Command, Chief Sec. to Govt. Preamble ORDINANCE No. 8 OF 1834 To assimilate, amend, and consolidate the Laws now in force in different parts of this Island regulating the prescription of actions. Whereas it is expedient to amend and consolidate the laws now in force in the different parts of this island regulating the prescription of actions, and to introduce one uniform rule of limitation for deciding the several periods within which actions at law must be respectively brought throughout the Island and its dependencies: 1. Repealing clause. Term of prescription for lands or immo- session by a defendant in any aciion, or by those vable property. under whom he claims, of lands or immovable property, hy a title adverse to or independent of that of the claimant or plaintiff in such action (that is to say a possession unaccompanied by payment of rent or produce, or performance of service or duty: or by any other act by the possessor from which an acknowledgment of a right existing in another person would fairly and naturally be inferred,) for ten years previous to the bringing of such action shall entitle the defendant to a decree in his favour with costs; and in like manner when any plaintiff shall bring his action, or 2. Proof of the undisturbed and uninterrupted posany third party shall intervene in any action, for the purpose of being quieted in his possession of lands or other immovable property, to prevent encroachment or usurpation thereof, or to recover damages for such encroachment or usurpation or to establish his claim in any other manner to such land or other property, proof of such undisturbed and uninterrupted possession as herein-before explained, by such plaintiff or intervenient, or by those under whom he claims, shall entitle such plaintiff or intervenient to a decree in his favour with costs; provided always, that the said term of prescription of ten years shall only begin to run against parties claiming estates in remainder or reversion, from the time when the parties so claiming acquired a right of possession to the land in dispute. And for bond 3. No action, nor any claim by way of reconven. tion or set off, shall be maintainabie upon any instru- &c. ment of hypothecation, or mortgage, or bond, conditioned for the future payment of money, or the performance of any agreement or trust, or the payment of penalty, whether notarial or not, and whether under the seal of the obligor or not, unless such action shall be brought or such claim by way of reconvention or set off shall be set up within ten years from the date of such instrument or of the last payment of interest thereupon. And for bill of 4. No action, nor any claim by way of reconvention or set off, shall be maintainable upon any bill of ex- exchange. &c. change, promissory note, or other written security not falling within the description of instruments set forth in the foregoing clause, unless such action be brought or such claim be set up within six years from the time at which such bill, note or security shall have become due, or when any payment of interest shall have been made thereupon. |