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PRESCRIPTION ORDINANCE

Arrangement of Sections

1.        Short title.

2.        Interpretation.

3.        Term of prescription for land or immovable property.

4.        Possessory action may be brought within one year of ouster.

5.        Mortgage debt or bond prescribed after ten years.

6.        Term in case of partnership deeds written promise, contract, bargain agreement, security, upon promissory note, bill of exchange.

7.        Term in cases of action to recover goods, rent, money lent without written security.

8.        Term in case for goods sold, shop bill, book debt, or work and labour.

9.        Term in cases for damages.

10.      Term in case of actions not herein before provided for.

11.      Claims in reconvention not to be allowed where action is barred.

12.      No acknowledgment to take a case out of the operation of this Ordinance unless in writing.

13.      Proviso in case of disabilities with reference to claims for land.

14.      Proviso in case of disabilities affecting claims other than those for land.

15.      This Ordinance not to affect State or causes matrimonial.

SI 22 of 1871,

SI 2 of 1889.

AN ORDINANCE to amend the Laws regulating the Prescription of actions.

[Date of Commencement: 1st January, 1872]

1. Short title.

This Ordinance may be cited as the Prescription Ordinance.

2. Interpretation.

In this Ordinance, unless the context otherwise requires—

“immovable property” shall be taken to include all shares and interests in such property, and all rights, easements, and servitudes thereunto belonging or appertaining.

3. Term of prescription for land or immovable property.

Prooffice is the undisturbed and uninterrupted possession by a defendant in any action, or by those under whom he claims, of land or immovable property, by 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 any third party shall intervene in any action for the purpose of being quieted in his possession of land or other immovable property, or to prevent encroachment or usurpation thereof, or to establish his claim in any other manner to such land or other property, prooffice is 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; Saving in case of reversioners and remainder men:

Provided that the said period 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 property in dispute.

4. Possessory action may be brought within one year of ouster.

1400 Acts all updated to 22 November 2013 and available in eight hard cover volumes, on CD ROM and online.
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Last Updated on Sunday, 30 June 2013