A Compendium of the Law of Prescription in Ceylon |
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Page ix
... ment for the creditor , as if the action had been brought within the time limited by the Ordinance . But Ordinance No. 8 of 1834 , although intended to be a complete code of laws on this branch of the law , was gradually found to be ...
... ment for the creditor , as if the action had been brought within the time limited by the Ordinance . But Ordinance No. 8 of 1834 , although intended to be a complete code of laws on this branch of the law , was gradually found to be ...
Page xiii
... ment reported in Morgan's Digest page 319 , ) follow- ing Roman Dutch Law precedent , that a judgment was prescribed only after the lapse of 30 years . d . In section 6 , which corresponds to section 3 of Ordinance No. 8 of 1834 , the ...
... ment reported in Morgan's Digest page 319 , ) follow- ing Roman Dutch Law precedent , that a judgment was prescribed only after the lapse of 30 years . d . In section 6 , which corresponds to section 3 of Ordinance No. 8 of 1834 , the ...
Page xv
... ment of any principal or interest made by any person whatever . The 7th clause of our Ordinance No. 8 of 1834 is , according to Sir Charles Marshall , an imitation of Sect . 1 , Chap . 14 of Act . 9 of George IV . , from which it ...
... ment of any principal or interest made by any person whatever . The 7th clause of our Ordinance No. 8 of 1834 is , according to Sir Charles Marshall , an imitation of Sect . 1 , Chap . 14 of Act . 9 of George IV . , from which it ...
Page xvi
... ment- It is incorrect to say that the whole Ordinance is founded on a presumption of payment . The sec- tions referred to above apply only to actions ex con- tractu . All that was decided in Tanner vs. Smart , amounted to this , that an ...
... ment- It is incorrect to say that the whole Ordinance is founded on a presumption of payment . The sec- tions referred to above apply only to actions ex con- tractu . All that was decided in Tanner vs. Smart , amounted to this , that an ...
Page xvii
... ment , or promise made by any other or others of them : - provided always that nothing herein contained shall alter or take away or lessen the effect of any payment of any principal or interest made by any person what- oever ...
... ment , or promise made by any other or others of them : - provided always that nothing herein contained shall alter or take away or lessen the effect of any payment of any principal or interest made by any person what- oever ...
Other editions - View all
A Compendium of the Law of Prescription in Ceylon Elange Sinivasaka Senadhiraja No preview available - 2013 |
A Compendium of the Law of Prescription in Ceylon Elange Sinivasaka Senadhiraja No preview available - 2016 |
Common terms and phrases
accrued acknow acknowledgment acquire by prescription acquisitive prescription adverse possession append Appu barred bona fide brought cause of action Ceylon Civil Law clause commence conditions necessary creditor cription decisions defendant disability enacted English Law entitled extinctive prescription extra judicial fairly and naturally favour with costs heirs held hypothecation immovable property inter interpretation interrupt possession interruption of possession interrupts prescription ipso jure Judges judgment judicial interruption jure Justinian lands or immovable lapse law of prescription limitation of actions litis contestatio meaning ment Morg mortgage movable property nance natural interruption Ordi Ordinance owner parties claiming Perera periods of prescription person would fairly perty plaintiff posses possessor Pothier traite pres prescribed prescription or limitation prescription runs prescriptive period prescriptive title reconvention Regulation repealed respect right of action Roman Dutch Law Roman Law SECTION servitudes statute suit Supreme Court tion Unanse undisturbed and uninterrupted usucapio Voet 41 words adverse title دو
Popular passages
Page xvii - That in actions of debt, or upon the case, grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Page 12 - Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other or others of them : Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 12 - Acts, or this Act, as to one or more of such joint contractors, or executors, or administrators, shall nevertheless be entitled to recover against any other or others of the defendants, by virtue of a new acknowledgment or promise, or otherwise, judgment may be given and costs allowed for the plaintiff, as to such defendant or defendants against whom he shall recover, and for the other defendant or defendants against the plaintiff.
Page 57 - I., with such variations as circumstances may require ; and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ of summons.
Page xvii - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed...
Page 57 - No original writ of summons shall be in force for more than twelve months from the day of the date thereof, including the day of such date...
Page xvii - That in Actions of Debt or upon the Case grounded upon any Simple Contract no Acknowledgment or Promise by Words only shall be deemed sufficient Evidence of a new or continuing Contract, whereby to take any Case out of the Operation of the said Enactments...
Page 57 - Judge, if satisfied that reasonable efforts have been made to serve such defendant, or for other good reason, may order that the original or concurrent writ of summons be renewed for six months from the date of such renewal inclusive, and so from time to time during the currency of the renewed writ.
Page 12 - Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Page 59 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.