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6 1957

STATUTE OF LIMITATIONS, 1957

Chapter IV.

Part payment.

Meaning of “payment”.

61. —In this Chapter, “payment” means a payment made, under section 62 , 63 , 64 , 65 or 66 of this Act, in accordance with section 67 of this Act.

Fresh accrual of right of action on payment (action by mortgagee to recover land).

62. —Where—

(a) the right of a mortgagee of land to bring an action to recover the land has accrued, and

(b) the person in possession of the land or the person liable for the mortgage debt makes any payment in respect thereof, whether of principal or interest,

the right of action shall be deemed to have accrued on and not before the date of the payment.

Fresh accrual of right of action on payment (action by incumbrancer claiming sale of land).

63. —Where—

(a) the right of an incumbrancer of land to bring an action claiming sale of the land has accrued, and

(b) the person in possession of the land or the person liable for the debt secured by the incumbrance makes any payment in respect thereof, whether of principal or interest,

the right of action shall be deemed to have accrued on and not before the date of the payment.

Effect of payment on right of action to redeem mortgaged land in mortgagee's possession.

64. —Where—

(a) a mortgagee is by virtue of the mortgage in possession of any mortgaged land, and

(b) the mortgagee receives any payment from the mortgagor in respect of the principal or interest of the mortgage debt,

an action to redeem the land in the mortgagee's possession may be brought at any time before the expiration of twelve years from the date of the payment.

Fresh accrual of right of action on payment (action to recover debt).

65. —(1) Where—

(a) any right of action has accrued to recover any debt, and

(b) the person liable therefor makes any payment in respect thereof,

the right of action shall be deemed to have accrued on and not before the date of the payment.

(2) Payment of interest in whole or in part shall for the purposes of this Chapter be treated as a payment in respect of the principal debt.

Fresh accrual of right of action on payment (action claiming personal estate of deceased person).

66. —Where—

(a) any right of action has accrued to recover any claim to the personal estate of a deceased person or to any share or interest therein, and

(b) the person accountable therefor makes any payment in respect thereof,

the right of action shall be deemed to have accrued on and not before the date of the payment.

Formal provisions as to payment.

67. —A payment under section 62 , 63 , 64 , 65 or 66 of this Act—

(a) may be made by the agent of the person by whom it is required to be made under whichever of those sections is applicable,

(b) shall be made to the person or the agent of the person in respect of whose claim the payment is being made.

Effect of payment on persons other than the maker or recipient.

68. —(1) A payment in respect of a mortgage debt by the mortgagor or any person in possession of the mortgaged property shall, so far as any right of the mortgagee to recover the property is concerned, bind all persons in possession of the mortgaged property during the ensuing period of limitation.

(2) Where—

(a) two or more mortgagees of land are by virtue of the mortgage in possession of the land, and

(b) one only of the mortgagees (in this subsection referred to as the recipient) receives any payment in respect of the principal or interest of the mortgage debt,

the following provisions shall have effect:—

(i) the payment shall bind only the recipient and his successors and shall not bind any other mortgagee or his successors;

(ii) if the recipient is entitled to a part of the mortgaged land and not to any ascertained part of the mortgaged debt, the mortgagor shall be entitled to redeem that part of the land on payment, with interest, of the part of the mortgage debt which, immediately before the recipient received the payment, referred to in paragraph (b) of this subsection, bore the same proportion to the whole of the debt as the value of that part of the land bears to the value of the whole of the land, less the amount of the payment.

(3) Where there are two or more mortgagors of land, and the mortgagee, being in possession of the land, is paid any sum in respect of the principal or interest of the mortgage debt by one of the mortgagors, the payment shall be deemed to have been made by all the mortgagors.

(4) (a) A payment made in respect of any debt shall, subject to paragraph (b) of this subsection, bind all persons liable in respect thereof.

(b) A payment in respect of a statute-barred debt shall not bind—

(i) any person other than the person making the payment and his successors, or

(ii) any successor on whom the liability devolves on the determination of a preceding estate or interest in property under a settlement taking effect before the date of payment.

(5) A payment by one of several personal representatives in respect of any claim to the personal estate of a deceased person shall bind the estate of the deceased person.

Appropriation of payment in respect of debts.

69. —(1) Where—

(a) there exists a number of debts, and

(b) the person liable therefor (in this section referred to as the debtor) makes any payment, whether on account or generally, to the person to whom he is liable (in this section referred to as the creditor), and

(c) neither the debtor nor the creditor appropriates the sum paid to any particular debt or debts,

the following provisions shall have effect:—

(i) if some of or all the debts are not statute-barred debts, the payment shall, for the purposes of this Chapter, unless the circumstances in which it was made indicate otherwise, be deemed to be appropriated pari passu in respect of each of the debts which are not statute-barred debts;

(ii) if all the debts are statute-barred debts, the payment shall, for the purposes of this Chapter, unless the circumstances in which it was made indicate otherwise, be deemed to be appropriated pari passu in respect of each of the debts.

(2) Nothing in subsection (1) of this section shall, where the debtor does not appropriate, operate to prevent the creditor from appropriating a payment made on account or generally to a particular debt or to particular debts or to all the debts (whether statute-barred debts or not), but such appropriation shall not by reason only of its being made by the creditor operate to make the payment a payment for the purposes of this Chapter in respect of such debt or debts, unless the circumstances in which the payment was made by the debtor so indicate.

(3) Where, under section 16 of the Land Law (Ireland) Act, 1896, a tenant against whom an ejectment has been brought pays two years' rent, the payment shall, for the purposes of this Chapter, unless the circumstances in which it was made indicate otherwise, be deemed to be a payment in respect of all arrears which, at the date of the commencement of the proceedings in the ejectment, are not statute-barred debts.

Endorsement of payment by creditor not to be evidence of payment.

70. —No endorsement or memorandum of any payment written upon any bill of exchange or promissory note by or on behalf of the party to whom such payment is made shall be deemed to be evidence of such payment for the purposes of this Chapter.