Section 4. Subject to the provisions contained in sections five to twenty-six (inclusive), every suit institute

24. In the case of a continuing nuisance a fresh right to sue arises, and a fresh period of limitation begins to run, at every moment of the time during which the nuisance continues. Illustration. A diverts B's watercourse. At every moment of the time during which the diversion continues and B retains his right of entry, a fresh right to sue arises and a fresh period of limitation begins to run. PART II. LIMITATION OF SUITS, APPEALS AND APPLICATIONS. 4. Subject to the provisions contained in sections five to twenty-six (inclusive), every suit instituted, appeal presented, and application made after the period of limitation prescribed therefor by the second schedule hereto annexed, shall be dismissed, although limitation has not been set up as a defence. Explanation.—A suit is instituted in ordinary cases when the plaint is presented to the proper officer: in the case of a pauper, when his application for leave to sue as a pauper is filed; and in the case of a claim against a company which is being wound up by the Court, when the claimant first sends in his claim to the official liquidator. Illustrations. (a).—A suit is instituted after the prescribed period of limitation. Limitation is not set up as a defence and judgment is given Dismissal of suits, &c., instituted, &c., after period of limitation. 1871.] Limitation. 161 given for the plaintiff. The defendant appeals. The appellate court must dismiss the suit. (b).—An appeal presented after the prescribed period is admitted and registered. The appeal shall, nevertheless, be dismissed.