Limitation

Chambers's Encyclopaedia, Volume 6: Humber to Malta, p. 637

Limitation is a term used, in English law, in two senses: (1) A limitation of property is a form of words used in a deed or will to mark out the extent of the interests given. Thus, if land be granted to A and his heirs, the words 'and his heirs' are words of limitation; they indicate that an estate of inheritance is given to A.

(2) Limitation of Actions.—To protect persons in possession of property, and to prevent the raking up of old disputes, a time is fixed within which actions must be brought. An action to recover land must be brought within twelve years; if the owner allows that time to elapse without asserting his right his title is taken away. Actions to recover debt or damages must be brought within six years; for assault, within four years; for slander, within two years. In Scotland actions to recover land must be brought within forty years; for ordinary debts, within three years; and for bills of exchange, within six years. See PRESCRIPTION; and Buswell's Statute of Limitations, with English Acts (Boston, 1889).

Source scan(s): p. 0652