(r) Sect. 25; Att.-Gen. v. Flint, 4 Ha. 147.

(s) See 4 Ha. 153 - 155; and see, Att.-Gen. v. Kerr, 2 Beav. 420; Att.-Gen. v. Brettingham, 3 Beav. 91; in neither of which cases was the statute relied on; and see, 1 Dru. & W. 288, where Sugden, C, was of opinion that the Act did not extend to charities; and see, 2 Dru. & W. 69; but in The Commissioners of Charitable Donations v. Wybrants, 2 J. & Lat. 182, the same learned judge held, although the opinion was extrajudicial, that charitable trusts were within the Act.

(t) Evans v. Bagwell, 2 Con. & L. 612; and query, whether the 25th section applies to cases which fall within the 40th and 42nd sections; Ibid. p. 618.

(u) Sect. 26, and Lewis v. Thomas, 3 Ha. 26. In the case of a firm, it has been held that the fraud of one member prevents time, under the 3 & 4 Will. IV. c. 42, from running in favour of his co-partners, although innocent of, and deriving no benefit from, the fraud: Blair v. Bromley, 2 Ph. 354.

Mortgagor and cestui que trust.

(v) A purchaser let into possession before completion is prima facie a tenant at will within this clause; Doe d. Stanway v. Rock, 4 Man. & G. 30.

(w) See 1 Jarm. Conv. by S. 28; Sug. 610.

(x) 10 Q. B. 130.

(y) As to what conduct amounts to an admission of a subsisting tenancy at will, see Doe d. Groves v. Groves, 10 Q. B. 486.

(z) Garrardv. Tuck, 13 Jur. 871; and see Young v. Lord Waterpark, 10 Jur. 1, L. C.

(a) Doe v. Thompson, 6 Ad. & E. 721; Doe d. Evans v. Page, 5 Q. B. 767; 1 Dav. & M. 601; Doe v. Bold, 11 Q. B. 127; as to what amounts to a determination of a tenancy at will, see Doe d. Bennett v. Turner, 7 M. & W. 226; S. C. 9 M. & W. 643; Doe d. Goody v. Carter, 9 Q. B. 863.

The right of a person entitled subject to a tenancy from year to year or other period, without any lease in writing, is to be deemed to have accrued at the end of the first year or other period, or last receipt of rent, which shall last happen (c). It has been held, that the performance of a service for which distress might have been made, e. g., sweeping the church and tolling the bell, amounts to payment of rent within the meaning of this section (d).

The acknowledgment in writing of title, given to the person entitled or his agent by the person in the actual possession or receipt of the profits of the land or receipt of the rent, is equivalent to such possession or receipt by the person so entitled (e): as between the landlord and tenant the receipt of rent is equivalent to the receipt of the profits of land (f); but the performance of a service for which no distress can be made, e. g., keeping up a grindstone on the land for the use of the parties beneficially interested (g), does not prevent the Statute from running in favour of the occupiers.

The possession, etc, of one coparcener, joint-tenant, or tenant in common, is not to be considered as the possession, etc, of any other (h); nor is the possession, etc, of the younger brother, or other relation of an heir, to be considered the possession, etc, of such heir (i).

Tenancy from year to year.

Right of action saved by acknowledgment of title; or receipt of rent or services.

Possession of one joint-owner dots not save the right of another.

(b) Doe d. Dayman v. Moore, 9 Q. B. 555; Doe d. Goody v. Carter, 9 Q. B. 863.

(c) Sect. 8.

(d) Doe d. Edney v. Benham, 7 Q. B. 976; as to the 8th section being retrospective, see Doe d. Jukes v, Sumner, 14 M. & W. 39.

(e) Sect. 14. See, as to what is a sufficient acknowledgment, Doe v. Edmonds, 6M. & W. 295; Trulock v. Robey, 12 Sim. 402; Holland v. Clark, 1 Y. & C. C. C. 151; Furs-don v. Clogg, 10 M. & W. 572; Incorporated Society v. Richards, 1 Dru. & W. 258; Lewis v. Thomas, 3 Ha. 26, 34; Lucas v. Dennison, 13 Sim. 584. Acknowledgment by trustee, in trust to sell for payment of debts and subject thereto in trust for A., or by his agent, is sufficient: Lord St. John v. Boughton, 9 Sim. 219; and see Blair v. Nugent, 3 J. & L. 674.

(f) Sect. 35.

(g) Doe d. Robinson v. Hinde, 2 Moo. & R. 441.

The right of a remainderman or reversioner accrues when his estate falls into possession (j); and this, although he may have waived a previous forfeiture (k); and although, in the case of a reversioner, he, or the person through whom he claims, may have been in possession previously to the creation of the particular estate (l): but where the same person who is entitled to the particular estate, is also entitled to the immediate beneficial reversion, time will run against both estates even although there may be no merger (m). Where rent amounting to 20s. per annum or upwards, reserved by a lease in writing, is received by a wrongful claimant, no fresh right accrues to the reversioner upon the determination of the lease (n); but, in order to bar the reversioner, there must be actual receipt of the rent by a wrongful claimant; its mere retention by the tenant is immaterial (o): the existence of a lease containing general words sufficient to comprise the property in question, but which was not intended to comprise it, and has not been acted on as respects such property, would not, it appears, prevent the Statute from running (p): and where the right of a person to an estate in possession is barred, the right of such person, and of all parties claiming under him, to any future estate, is also barred, unless the land or rent is in the mean time recovered by some person claiming in right of some intervening estate (q): where there was a limitation to husband and wife for then joint lives, with remainder to the heirs of the husband, who became bankrupt, the last limitation was held to be a future estate within the meaning of this section; and the possession of the land by the surviving wife, although taken without legal proceedings, saved the right of the assignee of the husband (r).

Estates in remainder, etc. - when time begins to run against.