Chapter III.

Acknowledgment.

50. —In this Chapter, “acknowledgment” means an acknowledgment, under section 51 , 52 , 53 , 54 , 55 , 56 or 57 of this Act, made in accordance with section 58 of this Act.

51. —(1) Where—

(a) there has accrued to any person (other than a mortgagee) any right of action to recover land, and

(b) the person in possession of the land acknowledges the title of the person to whom the right of action has accrued,

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

(2) Subsection (1) of this section shall apply to a right of action accrued to a person entitled to an estate or interest taking effect on the determination of an estate tail against whom time is running under section 19 of this Act, and on the making of the acknowledgment that section shall cease to apply to the land.

52. —Where—

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

(b) either—

(i) the person in possession of the land acknowledges the mortgagee's title to the land, or

(ii) the person in possession of the land or the person liable for the mortgage debt acknowledges the debt,

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

53. —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 acknowledges the debt,

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

54. —Where—

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

(b) the mortgagee acknowledges the title of the mortgagor or his equity of redemption,

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 acknowledgment.

55. —Where—

(a) there has accrued a right of action in respect of a right in the nature of a lien for money's worth in or over land for a limited period not exceeding life, such as a right of support or a right of residence, not being an exclusive right of residence in or on a specified part of the land, and

(b) the person in possession of the land acknowledges the right hereinbefore secondly mentioned,

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

56. —(1) Where—

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

(b) the person liable therefor acknowledges the debt,

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

(2) Where—

(a) the right of action of a mortgagee of land to recover the mortgage debt has accrued, and

(b) the person in possession of the land acknowledges the mortgagee's title to the land,

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

57. —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 acknowledges the claim,

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

58. —(1) Every acknowledgment shall be in writing and signed by the person making the acknowledgment.

(2) An acknowledgment under section 51 , 52 , 53 , 54 , 55 , 56 or 57 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, and

(b) shall be made to the person or the agent of the person whose title, right, equity of redemption or claim (as the case may be) is being acknowledged.

59. —(1) An acknowledgment of title to any land by any person in possession thereof shall bind all other persons in possession 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 acknowledgor) gives an acknowledgment of the mortgagor's title or of his equity of redemption,

the following provisions shall have effect—

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

(ii) if the acknowledgor is entitled to a part of the mortgaged land and not to any ascertained part of the mortgage 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 bears 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 mortgaged land.

(3) Where there are two or more mortgagors of land, and the title or right to redemption of one of the mortgagors is acknowledged, the acknowledgment shall be deemed to have been made to all the mortgagors.

(4) (a) An acknowledgment of a debt shall bind the acknowledgor and his successors but not any other person.

(b) An acknowledgment of a statute-barred debt shall not bind any successor of the acknowledgor 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 the acknowledgment.

(5) An acknowledgment by one of several personal representatives of any claim to the personal estate of a deceased person or to any share or interest therein shall bind the estate of the deceased person.

60. —No acknowledgment shall be deemed to be an agreement within the meaning of the Stamp Act, 1891.