OpenLegislation

Limitations Of Actions And Costs Act 1842

5 & 6 Vict. c. 97 · Enacted 10 August 1842 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 22 July 2004.

C1F1F2An Act to amend the Law relating to Double Costs, Notices of Action, Limitations of Actions, and Pleas of the General Issue, under certain Acts of Parliament.

[10th August 1842]

Annotations to the whole text

Textual amendments

F1

Act repealed (N.I.) by Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 7 Pt. 1

F2

Preamble omitted under authority of Statute Law Revision (No. 2) Act 1880 (c. 51)

Modifications

C1

Short title given by Short Titles Act 1896 (c. 14)

Contents

  1. 1Repeal of provision in local and personal Acts giving double and treble costs.
  2. 2Repealing provision in public Acts giving double and treble costs. Repealed
  3. 3Repeal of provision in local and personal Acts allowing general issue.
  4. 4Uniformity of notice of action.
  5. 5General limitation of actions under local and personal Acts.
  6. 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed

1Repeal of provision in local and personal Acts giving double and treble costs.

So much of any clause, enactment, or provision in any Act or Acts commonly called public local and personal, or local and personal, or in any Act or Acts of a local or personal nature, whereby it is enacted or provided that either double or treble costs, or any other than the usual costs between party and party, shall or may be recovered, shall be and the same are hereby repealed: Provided always, that in lieu thereof the usual costs between party and party shall and may be recovered, and no more.

2Repealing provision in public Acts giving double and treble costs.

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Repeal of provision in local and personal Acts allowing general issue.

So much of any clause or provision in any Act or Acts commonly called public local and personal, or local and personal, or in any Act or Acts of a local and personal nature, whereby any party or parties are entitled or permitted to plead the general issue only, and to give any special matter in evidence without specially pleading the same, shall be and the same is hereby repealed.

4Uniformity of notice of action.

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In all cases where notice of action is required, such notice shall be given one calendar month at least before any action shall be commenced; and such notice of action shall be sufficient, any Act or Acts to the contrary thereof notwithstanding.

5General limitation of actions under local and personal Acts.F1

And whereas divers Acts commonly called public local and personal, or local and personal Acts, and divers other Acts of a local and personal nature, contained clauses limiting the time within which actions may be brought for anything done in pursuance of the said Acts respectively: And whereas the periods of such limitations vary very much, and it is expedient that there should be one period of limitation only: the period within which any action may be brought for anything done under the authority or in pursuance of any such Act or Acts shall be two years, or in case of continuing damages then within one year after such damage shall have ceased; and that so much of any clause, provision, or enactment, by which any other time or period of limitation is appointed or enacted shall be and the same is hereby repealed.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1