Prescription Act 1832 (Imp) (WA)

Western Australia Prescription Act 1832 (Imp) Western Australia Prescription Act 1832 (Imp) Contents [1.] Claims to right of common and other profits a prendre, not to be defeated after 30 years' enjoyment by showing the commencement; after 60 years' enjoyment the right to be absolute, unless had by consent or agreement 1 2. In claims of right of way or other easement the periods to be 20 years and 40 years 2 4. Before‑mentioned periods to be deemed those next before suits for claims to which such periods relate 3 5. In actions on the case the claimant may allege his right generally, as at present: In pleas to trespass and other pleadings, where party used to allege his claim from time immemorial, the period mentioned in this Act may be alleged; and exceptions or other matters to be replied specially 3 6. Restricting the presumption to be allowed in support of claims herein provided for 4 7. Proviso for infants, etc. 4 8. What time to be excluded in computing the term of 40 years appointed by this Act 4 9. Not to extend to Scotland or Ireland 5 10. Commencement of Act 5 11. Act may be amended 5 Notes Compilation table 6 Western Australia Prescription Act 1832 (Imp) An Act for shortening the Time of Prescription in certain Cases. 3 Preamble Whereas the expression 'Time immemorial, or time whereof the memory of man runneth not to the contrary,' is now by the law of England in many cases considered to include and denote the whole period of time from the reign of King Richard the First, whereby the title to matters that have been long enjoyed is sometimes defeated by showing the commencement of such enjoyment, which is in many cases productive of inconvenience and injustice; for remedy thereof be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same,