Statute of limitations, 1957

• Enactment Date: 02 May 1957
• Act Number: 6

Number 6 of 1957.
STATUTE OF LIMITATIONS, 1957.
ARRANGEMENT OF SECTIONS
Part I .
PRELIMINARY AND GENERAL.
Section 1. Short title and commencement. 2. General provisions as to interpretation. 3. Application to the State. 4. Non-application to proceedings in respect of the forfeiture of a ship. 5. Saving for equitable jurisdiction to refuse relief for acquiescence or otherwise. 6. Provisions as to set-off and counterclaim. 7. Saving for other limitation enactments in respect of actions. 8. Provisions as to actions barred and pending on the operative date. 9. Repeals.
Part II.
PERIODS OF LIMITATION FOR DIFFERENT CLASSES OF ACTION.
10. Part II to be subject to provisions of Part III relating to disability, acknowledgement, part payment, fraud and mistake. 11. Limitation of actions of contract and tort and certain other actions. 12. Limitation in case of successive conversions, and extinction of title of owner of converted goods. 13. Limitation of actions to recover land. 14. Accrual of right of action (present interests in land). 15. Accrual of right of action (future interests in land). 16. Accrual of right of action (forfeiture or breach of condition). 17. Accrual of right of action (certain tenancies). 18. Right of action not to accrue unless there is adverse possession. 19. Cure of defective disentailing assurance. 20. No right of action to be preserved by formal entry or continual claim. 21. Possession of one co-parcener, etc., not to be possession of others. 22. Possession of younger brother, etc., not be possession of heir. 23. Administration to date back to death. 24. Extinction of title to land after expiration of period limited for actions to recover land. 25. Equitable estates in land, and land held on trust. 26. Actions to recover settled chattels. 27. Limitation of actions to recover arrears of a rentcharge. 28. Limitation of actions to recover arrears of a conventional rent. 29. Warrants under section 28 of the Land Act, 1933. 30. Limitation of actions to recover arrears of dower. 31. Limitation of actions to recover arrears of annuity charged on personal property. 32. Limitation of actions by incumbrancers claiming sale of land. 33. Extinction of title of mortgagee to mortgaged land after expiration of period for action claiming sale of land. 34. Limitation of redemption actions (land). 35. Extinction of title of mortgagor to mortgaged land after expiration of period for action to redeem land. 36. Limitation of actions to recover principal money secured by a charge on land or personal property. 37. Limitation of actions to recover arrears of interest on a mortgage or charge. 38. Extinction of right of mortgagee or chargeant to mortgage debt at expiration of period for action to recover land or claiming sale of land. 39. Extinction of right of mortgagee or chargeant to principal sum secured by mortgage or charge on personal property after expiration of period for action to recover principal sum. 40. Limitation of actions in respect of certain personal rights in or over land, such as right of support, etc. 41. Extinction of personal right in or over land, such as a right of support, etc., after expiration of period for action in respect of such right. 42. Restriction on recovery under section 26 of the Agricultural Credit Act, 1947, of interest on chattel mortgages. 43. Limitation of actions against trustees. 44. Exclusion of actions against trustees in cases of fraud or retention of trust property. 45. Limitation of actions to recover personal estate of deceased persons. 46. Exclusion of actions against personal representatives in cases of fraud.
Part III.
EXTENSION OF LIMITATION PERIODS IN CASE OF DISABILITY, ACKNOWLEDGMENT, PART PAYMENT, FRAUD AND MISTAKE.
Chapter I.
Interpretation.
47. Interpretation (Part III).
Chapter II.
Disability.
48. Person under a disability. 49. Extension of limitation period in case of disability.
Chapter III.
Acknowledgment.
50. Meaning of “acknowledgment”. 51. Fresh accrual of right of action on acknowledgment (action to recover land). 52. Fresh accrual of right of action on acknowledgment (action by mortgagee to recover land). 53. Fresh accrual of right of action on acknowledgment (action by incumbrancer claiming sale of land). 54. Effect of acknowledgment on right of action to redeem mortgaged land in mortgagee's possession. 55. Fresh accrual of right of action on acknowledgment (action in respect of personal right in or over land, such as right of support, etc.). 56. Fresh accrual of right of action on acknowledgment (action to recover debt). 57. Fresh accrual of right of action on acknowledgment (action claiming personal estate of deceased person). 58. Formal provisions as to acknowledgment. 59. Effect of acknowledgment on persons other than the maker or recipient. 60. Exemption of acknowledgment from stamp duty.
Chapter IV.
Part payment.
61. Meaning of “payment”. 62. Fresh accrual of right of action on payment (action by mortgagee to recover land). 63. Fresh accrual of right of action on payment (action by incumbrancer claiming sale of land). 64. Effect of payment on right of action to redeem mortgaged land in mortgagee's possession. 65. Fresh accrual of right of action on payment (action to recover debt). 66. Fresh accrual of right of action on payment (action claiming personal estate of deceased person). 67. Formal provisions as to payment. 68. Effect of payment on persons other than the maker or recipient. 69. Appropriation of payment in respect of debts. 70. Endorsement of payment by creditor not to be evidence of payment.
Chapter V.
Fraud and mistake.
71. Postponement of limitation period in case of fraud. 72. Postponement of limitation period in case of mistake.
Part IV.
APPLICATION OF THIS ACT AND OTHER LIMITATION ENACTMENTS TO ARBITRATIONS.
73. Interpretation (Part IV). 74. Commencement of arbitration. 75. Application of Act and other limitation enactments to arbitrations. 76. Accrual of cause of action where agreement makes award thereunder a condition precedent to commencement of action. 77. Power of Court to extend time where it sets aside award or orders abritration to cease to have effect. 78. Application of Part IV to arbitrations under other Acts. 79. Saving for other enactments relating to limitation of arbitrations. 80. Arbitrations pending on the operative date.
SCHEDULE.
Enactments repealed
Acts Referred to Registration of Title Act, 1942 No. 26 of 1942 Arbitration Act, 1954 No. 26 of 1954 Rent Restrictions Act, 1946 No. 4 of 1946 Tortfeasors Act, 1951 No. 1 of 1951 Mercantile Marine Act, 1955 No. 29 of 1955 Land Act, 1927 No. 19 of 1927 Land Act, 1933 No. 38 of 1933 Agricultural Credit Act, 1947 No. 14 of 1947 Adoption Act, 1952 No. 25 of 1952
Number 6 of 1957.
STATUTE OF LIMITATIONS, 1957.
AN ACT TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING TO THE LIMITATION OF ACTIONS AND ARBITRATIONS. [2nd May, 1957.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I. Preliminary and General.
	Short title and commencement.	1.—(1) This Act may be cited as the Statute of Limitations, 1957.
	(2) This Act shall come into operation on the 1st day of January, 1959.
	General provisions as to interpretation.	2.—(1) In this Act—
	“the Act of 1891” means the Registration of Title Act, 1891;
	“action” includes any proceeding (other than a criminal proceeding) in a Court established by law;
	“action to recover land” includes—
	(a) an action claiming a declaration of title to land,
	(b) proceedings by a mortgagee for the delivery of possession of land by a mortgagor,
	(c) proceedings under section 13 of the Registration of Title Act, 1942 (No. 26 of 1942), by a person who is registered under the Act of 1891 as the owner of a charge on registered land for possession of the land;
	“arbitration”, “arbitration agreement” and “award” have the same meanings as in the Arbitration Act, 1954 (No. 26 of 1954);
	“conventional rent” means a rent payable under a lease or other contract of tenancy (whether in writing or not and whether express or implied) and includes the rent payable by a statutory tenant within the meaning of the Rent Restrictions Act, 1946 (No. 4 of 1946), but does not include a fee-farm rent payable under a grant which creates the relationship of landlord and tenant;
	“foreshore” means the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek, and bay of the sea or of any such river or estuary;
	“judgment mortgage” means an affidavit of ownership registered under the Judgment Mortgage (Ireland) Act, 1850;
	“land” includes corporeal hereditaments and rentcharges, and an interest in the proceeds of the sale of land held upon trust for sale, but save as aforesaid does not include any incorporeal hereditament;
	“mortgage” includes an equitable mortgage and a judgment mortgage and “mortgagor”, “mortgagee” and cognate words...