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Bouvier's Law Dictionary, Revised 6th Edition (1856)

LIMITATION, estates. When an estate is so expressly confined and limited by
the words of its creation, that it cannot endure for a longer time than till
the contingency shall happen, upon which the estate is to fail, this is
denominated a limitation; as, when land is granted to a man while he
continues unmarried, or until the rents and profits shall have made a
certain sum, and the like; in these cases the estate is limited, that is, it
does not go beyond the happening of the contingency. 2 Bl. Com. 155; 10 Co.
41; Bac. Ab. Conditions, H; Co. Litt. 236 b; 4 Kent. Com. 121; Tho. Co.
Litt. Index, h.t.; 10 Vin. Ab. 218; 1 Vern. 483, n. 4; Ves. Jr. 718.
2. There is a difference between a limitation and a condition. When a
thing is given until an event shall arrive, this is called a limitation; but
when it is given generally, and the gift is to be defeated upon the
happening of an uncertain event, then the gift is conditional. For example,
when a man gives a legacy to his wife, while, or as long as, she shall
remain his widow, or until she shall marry, the estate is given to her only
for the time of her widowhood and, on her marriage, her right to it
determines. Bac. Ab. Conditions, H. But if, instead of giving the legacy to
the wife, as above mentioned, the gift had been to her generally with a
proviso, or on condition that she should not marry, or that if she married
she should forfeit her legacy, this would be a condition, and such condition
being in restraint of marriage, would be void.


LIMITATION, remedies. A bar to the alleged right of a plaintiff to recover
in an action, caused by the lapse of a certain time appointed by law; or it
is the end of the time appointed by law, during which a party may sue for
and recover a right. It is a maxim of the common law, that a right never
dies and, as far as contracts were concerned, there was no time of
limitation to actions on such contracts. The only limit there was to the
recovery in cases of torts was the death of one of the parties; for it was a
maxim actio personalis moritur cum persona. This unrestrained power of
commencing actions at any period, however remote from the original cause of
action, was found to encourage fraud and injustice; to prevent which, to
assure the titles to land, to quiet the possession of the owner, and to
prevent litigation, statutes of limitation were passed. This was effected by
the statutes of 32 Hen. VIII. c. 2, and 21 Jac, I. c. 16. These statutes
were adopted and practiced upon in this country, in several of the states,
though they are now in many of the states in most respects superseded by the
enactments of other acts of limitation.
2. Before proceeding to notice the enactments on this subject in the
several states, it is proper to call the attention of the reader to the
rights of the government to sue untrammeled by any statue of limitations,
unless expressly restricted, or by necessary implication included. It has
therefore been decided that the general words of a statute ought not to
include the government, or affect its rights, unless the construction be
clear and indisputable upon the text of the act; 2 Mason's R. 314; for no
laches can be imputed to the government. 4 Mass. R. 528; 2 Overt. R. 352; 1
Const. Rep. 125; 4 Henn. & M. 53; 3 Serg. & Rawle, 291; 1 Bay's R. 26. The
acts of limitation passed by the several states are not binding upon the
government of the United States, in a suit in the courts of the United
States. 2 Mason's R. 311.
3. For the following abstract of the laws of the United States and of
the several states, regulating the limitations of actions, the author has
been much assisted by the appendix of Mr. Angell's excellent treatise on the
Limitation of Actions.
4. United States. 1. On contracts. All suits on marshals' bonds shall
be commenced and prosecuted within six years after the right of action shall
have accrued, and not after; saving the rights of infants, femes covert, and
persons non compos mentis, so that they may sue within three years after
disability removed. Act of April 10, 1806, s. 1.
5.-2. On legal proceedings. Writs of error must be brought within
five years after judgment or decree complained of; saving in cases of
disability the right to bring them five years after its removal. Act of
September 24, 1789, s. 22. And the like limitation is applied to bills of
review. 10 Wheat. 146.
6.-3. Penalties. Prosecutions under the revenue laws, must be
commenced within three years. Act of March 2, 1799, Act of March 1, 1823.
Suits for penalties respecting copyrights, within two years. Act of April
29, 1802, s. 3. Suits in violation of the provisions of the act of 1818,
respecting the slave trade, must be commenced within five years. Act of
April 20, 1818, s. 9.
7.-4. Crimes. Offences punishable by a court martial must be
proceeded against within two years unless the person by reason of having
absented himself, or some other manifest impediment, has not been amenable
to justice within that period. The act of April 30, 1790, s. 31, limits the
prosecution and trial of treason or other capital offence, willful murder or
forgery excepted, to three years next after their commission; and for
offences not capital to two years, unless the party has fled from justice. 2
Cranch, 336.
8. Alabama. 1. As to real estate. 1. After twenty years after title
accrued, no entry can be made into lands. 2. No action for the recovery of
land can be maintained, if commenced after thirty years after title accrued.
3. Actions on claims by virtue of any title which has not been confirmed by
either of the boards of commissioners of the United States, for adjusting
land claims &c., and not recognized or confirmed by any act of congress, are
barred after three years; there is a proviso as to lands formerly in West
Florida, and in favor of persons under disabilities.
9.-2. As to personal actions. 1. Actions of trespass, quare clausum
fregit; trespass; detinue; trover; replevin for taking away of goods and
chattels; of debt, founded on any lending or contract, without specialty, or
for arrearages of rent on a parol demise of account and upon the case,
(except actions for slander, and such as concern the trade of merchandise
between merchant and merchant, their factors or agents, are to be commenced
within six years next after the cause of action accrued, and not after.
10.-2. Actions of trespass for assaults, menace, battery, wounding and
imprisonment, or any of them, are limited to two years.
11.-3. Actions for words to one year.
12.-4. Actions of debt or covenant for rent or arrearages of rent,
founded upon any lease under seal, or upon any single or penal bill for the
payment of money only, or on any obligation with condition for the payment
of money only, or upon any award under the hands and seals of arbitrators,
are to be commenced within sixteen years after the cause of action accrued,
and not after; but if any payment has been made on the same at any time,
then sixteen years from the time of such payment.
13.-5. Judgments cannot be revived after twenty years.
14.-6. A new action must be brought within one year when the former
has been reversed on error, or the judgment has been arrested.
15.-7. Actions on book accounts must be commenced within three years,
except in the case of trade or merchandise between merchant and merchant,
their factors or agents.
16.-8. Writs of error must be sued out within three years after final
judgment.
17. Arkansas. 1. As to lands. No action for the recovery of any lands or
tenements, or for the recovery of the possession thereof, shall be
maintained, unless it appears that the plaintiff, his ancestor, predecessor,
or grantor, was seised or possessed of the promises in question within ten
years before the commencement of such suit. Act of March 3, 1838, s. 1. Rev.
Stat. 527. No entry upon lands or tenements shall be deemed sufficient or
valid as a claim, unless an action be commenced thereon within one year
after such entry, and within ten years from the time when the right to make
such entry descended and accrued. Id. s. 2. The right of any person to the
possession of any lands or tenements, shall not be impaired or affected by a
descent cast in consequence of the death of any person in possession of such
estate. Id. s. 3.
18. The savings are as follows: If any person entitled to commence any
action in the preceding sections specified, or to make an entry, be, at the
time such title shall first descend or accrue; first, within the age of
twenty-one years; second, insane; third, beyond the limits of the state; or,
fourth, a married woman; the time during which such disabilities shall
continue, shall not be deemed any portion of the time in this act limited
for the commencement of such suit, or the making of such entry; but such
person may bring such action, or make such entry, after the time so limited,
and within five years after such disability is removed, but not after that
period. Id. S. 4. If any person entitled to commence any such action, or
make such entry, die during the continuance of such disability specified in
the preceding section, and no determination or judgment be had of the title,
right, or action to him accrued, his heirs may commence such action, or make
such entry, after the time in this act limited for that purpose, and within
five years after his death, and not after that period. Id. s. 5, Rev. Stat.
527.
19.-2. As to personal actions. 1. The following actions shall be
commenced within three years after the cause of action shall accrue: first,
all actions founded upon any contract, obligation, or liability, (not under
seal,) excepting such as are brought upon the judgment or decree of some
court of record of the United States, of this, or some other state; second,
all actions upon judgments rendered in any court not being a court of
record; third, all actions for arrearages of rent, (not reserved by some
instrument under seal); fourth, all actions of account, assumpsit, or on the
case, founded on any contract or liability, expressed or implied; fifth, all
actions of trespass on lands, or for libels; sixth, all actions for taking
or injuring any goods or, chattels. Id. s. 6, Rev. Stat. 527, 528.
20.-2. The following actions shall be commenced within one year after
the cause of action shall accrue, and not after: first, all special actions
on the case for criminal conversation, assault and battery and false
imprisonment; second, all actions for words spoken, slandering the character
of another; third, all words spoken whereby special damages are sustained.
Id. s. 7.
21.-3. All actions against sheriffs or other officers, for the escape
of any person imprisoned on civil process, shall be commenced within one
year from the time of such escape, and not after. Id. s. 8.
22.-4. All actions against sheriffs and coroners, upon any liability
incurred by them, by doing any act in their official capacity, or by the
omission of any official duty, except for escapes, shall be brought within
two years after the cause of action shall have accrued, and not thereafter.
Id. s. 9.
23.-5. All actions upon penal statutes where the penalty or any part
thereof, goes to the state, or any county, or person suing for the same,
shall be commenced within two years after the offence shall have been
committed, or the cause of action shall have accrued. Id. s. 10.
24.-6. All actions not included in the foregoing provisions, shall be
commenced within five years after the cause of action shall have accrued.
Id. s. 11.
25.-7. In all actions of debt, account or assumpsit, brought to
recover any balance due upon a mutual, open account current, the cause of
action shall be deemed to have accrued from the time of the last item proved
in such account Id. s. 12.
26. The savings are as follows: 1. If any person entitled to bring any
action in the preceding seven sections mentioned, except in actions against
sheriffs for escapes, and actions of slander, shall, at the time of action
accrued, be either within the age of twenty-one years, or insane, or beyond
the limits of this state, or a married woman, such person shall be at
liberty to bring such action within the time specified in this act, after
such disability is removed. Id. s. 13.
27.-2. If any person entitled to bring an action in the preceding
provisions of this act specified, die before the expiration of the time
limited for the commencement of such suit, and such cause of action shall
survive to his representatives, his executors or administrators may, after
the expiration of such time, and within one year after such death, commence
such suit, but not after that period. Id. s. 19.
28.-3. If at any time when any cause of action specified in this act
accrues against any person, he be out of the state, such action may be
commenced within the times herein respectively limited, after the return of
such person into the state; and if, after such cause of action shall have
accrued, such person depart from, and reside out of the state, the time of
his absence shall not be deemed or taken as any part of the time limited for
the commencement of such action. Id. s. 20. If any person, by leaving the
county absconding or concealing himself, or any other improper act of his
own, prevent the commencement of any action in this act specified, such
action may be commenced within the times respectively limited, after the
commencement of such action shall have ceased to be so prevented. Id. s. 26.
29.-4. None of the provisions of this act shall apply to suit's
brought to enforced payment on bills, notes, or evidences of debt issued by
any bank, or moneyed corporation. Id. s. 18.
30. Connecticut. 1. As to lands. No person can make an entry into lands
after fifteen years next after his right or title first accrued to the same;
and no such entry is valid unless an action is afterwards commenced
thereupon, and is prosecuted with effect within one year next after the
making thereof; there is a proviso in favor of disabled persons, who may sue
within five years after the disability has been removed.
31.-2. As to personal actions. 1. In actions on specialties and
promissory notes, not negotiable, the limitation is seventeen years, with a
saving that "persons legally incapable to bring an action on such bond or
writing at the accruing of the right of action, may bring the same within
four years after becoming legally capable."
32.-2. Actions of account, of debt on book, on simple contract, or
assumpsit, founded on an implied contract, or upon any contract in writing,
not under seal, (except promissory notes not negotiable,) within six years,
saving as above three years.
33.-3. In trespass on the case, six years, but no savings.
34.-4. Actions founded upon express contracts not reduced to writing;
upon trespass; or upon the case for word; three years and no savings.
35.-5. Actions founded on penal statutes one year after the commission
of the offence.
36.-6. A new suit must be commenced within one year after reversal of
the former, or when it was arrested.
37. Delaware. 1. As to lands. Twenty years of adverse possession of land
is a bar. The general principles of the English law on this subject, have
been adopted in this state.
38.-2. As to personal actions. All actions of trespass quare clausum
fregit; of detinue; trover and replevin, for taking away goods or chattels;
upon account and upon the case; (other than actions between merchant and
merchant, their factors and servants, relating to merchandise;) upon the
case for words; of debt grounded upon any lending or contract without
specially; of debt for arrearages of rent; and all actions of trespass,
assault, battery, menace, wounding or imprisonment, shall be commenced and
sued within three years next after the cause of such action or suit accrues,
and not after.
39. The 2d section of the same act contains a saving, in favor of
persons who, at the time of the cause of action accrued, are within the age
of twenty-one years; femes covert; persons of insane memory, or imprisoned.
Such persons must bring their actions within one year next after the removal
of such disability as aforesaid.
40. In the 3d section of the same act, provision is made, that no person
not keeping a day book, or regular book of accounts, shall be admitted to
prove or require payment of any account of longer standing than one year
against the estate of any person dying within the state, or if it consist of
many particulars, unless every charge therein shall have accrued within
three years next before the death of the deceased, and unless the truth and
justice thereof shall be made to appear by one, sufficient witness; and in
case of a regular book of accounts, unless such account shall have accrued
or arisen within three years before the death of the deceased person.
41. In section 6th, there is a saving of the rights or demands of
infants, femes covert, persons of insane memory, or imprisoned, so their
accounts be proved and their claims prosecuted within one year after the
removal of such disability.
42. By a supplementary act, it is declared, that nothing contained in
this act, shall extend to any intercourse between merchant and merchant,
according to the usual course of mercantile business nor to any demands
founded on mortgages: bonds, bills, promissory notes, or settlements under
the hands of the parties concerned.
43. All actions upon administration, guardian and testamentary bonds,
must be commenced within six years after passing the said bonds; and actions
on sheriff's recognizances, within seven years after the entering into such
recognizances, and not after; saving in all these cases, the rights of
infants, femes covert, persons of insane memory, or imprisoned, of bringing
such actions on administration, guardian or testamentary bonds, within three
years after the removal of the disability, and on sheriff's recognizances
within one year after such disability removed.
44. No appeal can be taken from any interlocutory order, or final
decrees of the chancellor, but within one year next after making and signing
the final decree, unless the person entitled to such appeal be an infant,
feme covert, non compos mentis, or a prisoner.
45. No writ of error, can be brought upon any judgment, but within five
years after the confessing, entering or rendering thereof, unless the person
entitled to such writ, be an infant, feme covert, non compos mentis, or a
prisoner, and then within five years exclusive of the time of such
disability. Constitution, article 5, s. 13.
46. There is no saving in favor of foreigners or citizens of other
states. The courts of this state have adopted the general principles of the
English law.
47. Florida. 1. As to lands. Writs of formedon in descender, remainder,
or reverter, must be brought within twenty years. Act of Nov. 10, 1828, sec.
1, Duval; 154. Infants, femes covert, persons non compos mentis, or
prisoners, may. sue within ten years after disability is removed. Id. s. 2.
A writ of right on seisin of ancestor or predecessor within fifty years;
other possessory action on seisin of ancestor or predecessor, within forty
years; real action on plaintiff's possession or seisin within thirty years.
Id. sec. 3.
48.-2. As to personal actions. All actions upon the case, other than
for slander, actions for accounts, for trespass, debt, detinue, and replevin
for goods and chattels, and actions of trespass quare clausum fregit, within
five years. Actions of trespass, assault, battery, wounding and
imprisonment, or any of them, within three years; and actions for words
within one year. Id. s. 4. There is a saving in favor of infants, femes
covert, persons non compos mentis, imprisoned, or beyond seas, or out of the
country, who may bring suit within the same time after the disability has
been removed. All actions on book accounts shall be brought within two
years.
49.-3. As to crimes. All offences not punishable with death, shall be
prosecuted within two years. Act of Feb. 10, 1882, s. 78. All actions, suits
and presentments upon penal acts of the general assembly, shall be
prosecuted within one year. Act of Nov. 19, 1828, s. 18.
50. Georgia. 1. As to lands. Seven years' adverse possession of lands is
a bar, with a saving in favor of infants, femes covert, persons non compos
mentis, imprisoned or beyond seas.
51.-2. As to personal actions. Twenty years is a bar in personal
actions, on bonds under seal; other obligations not under seal, six years;
trespass quare clausum fregit, three years trespass, assault and battery,
two years; slander and qui tam actions, six months. There are savings in
favor of infants, femes covert, persons non compos mentis, imprisoned and
beyond seas.
52. No other savings in favor of citizens of other states or foreigners.
53. As to crimes. In cases of murder there is no limitation. In all
other criminal cases where the punishment is death or perpetual
imprisonment, seven years; other felonies, four years; cases punishable by
fine and imprisonment, two years. Prince's Dig. 573-579. Acts of 1767, 1813,
and 1833. See 1 Laws of Geo. 33; 2 Id. 344; 3 Id. 30; Pamphlet Laws, 1833,
p. 143.
54. Illinois. 1. As to lands. No statute on this subject.
55.-2. As to personal actions. All actions of trespass quare clausum
fregit; all actions of trespass, detinue, actions sur trover, and replevin
for taking away goods and chattels, all actions of account, and upon the
case, other than such accounts as concern the trade of merchandise between
merchant and merchant, their factors and servants; all actions of debt,
grounded upon any lending or contract without specialty; all actions of debt
for arrearages of rent; all actions of assault, menace, battery, wounding,
and imprisonment, or any of them, which shall be sued or brought, shall be
commenced within the following times, and not after actions upon the case,
other than for slander; actions of account, and actions of trespass, debt,
detinue and replevin for goods and chattels, and actions of trespass quare
clausum fregit, within five years next after the cause of action or suit,
and not after; and the actions of trespass for assault, battery, wounding,
imprisonment, or any of them, within three years next after cause of action
or suit, and not after; and actions for slander, within one year next after
the words spoken. There are no savings, by the statute, in favor of citizens
of other states, or foreigners.
56. Indiana. 1. As to lands. "No action of ejectment shall be commenced
for the recovery of lands or tenements against any person or persons who may
have been in the quiet and peaceable possession of the same under an adverse
title for twenty years, either in his own right, or the right of any other
person or persons under whom he claims; and any action of ejectment
commenced against the provisions of this act shall be dismissed at the cost
of the party commencing the same. Provided, however, that this act shall not
be so construed as to affect any person who may be a feme covert, non compos
mentis, a minor, or any person beyond the seas, within five years after such
disability is removed." Rev. Code, c. 36, see. 3, January 13, 1831.
57.-2. As to personal actions. "All actions of debt on simple
contract, and for rent in arrear, action on the case, (other than slander,)
actions of account, trespass quare clausum fregit, detinue, and replevin for
goods and chattels, shall be commenced within five years after the cause of
action accrued, and not after. All actions of trespass, for assault and
battery, and for wounding and imprisonment, shall be commenced within three
years, and not after." Rev. Code, 6. 81, sec. 12, January 29, 1831.
58.-3. Crimes. "All criminal prosecutions for offences, the affixed
penalty of which is three dollars, or less, shall be commenced within thirty
days," &c. "All prosecutions for offences, except those the fixed penalties
of which do not exceed three dollars, and except treason, murder, arson,
burglary, man stealing, horse stealing, and forgery, shall be instituted
within two years, &c." Revised Code, c. 26, Feb. 10, 1831.
59.-4. Penal actions. "All actions upon any act of assembly, now or
hereafter to be made, when the right is limited to the party aggrieved,
shall be commenced within two years, &c., and all actions of slander shall
be commenced within one year, &c., saving the right of infants, femes
covert, persons non compos mentis, or without the jurisdiction of the United
States, until one year after their several disabilities are removed." Sec.
12.
60.-5. Savings. Provided, that no statute of limitation shall ever be
pleaded as a bar, or operate as such on an instrument or contract in
writing, whether the same be sealed or unsealed, nor to running accounts
between merchant and merchant. Rev. Code, eh. 81, s. 12.
61. And provided further, that on all contracts made in this state, if
the defendant shall be without the same when the cause of action accrued,
said action shall not be barred until the times above limited shall have
expired, after the defendant shall have come within the jurisdiction
thereof, and on all contracts made without the state, if the defendant shall
have left the state or territory when the same was made, and come within the
jurisdiction of this state before the cause of action accrued thereon, the
plaintiff shall not be barred his right of action, until the time above
limited after the said demand shall have been brought within the
jurisdiction of this state. Rev. Code, ch. 81, s. 12.
62. Kentucky. 1. As to lands. The act of limitation takes effect in a
writ of right or other possessory action, in thirty years from the seisin of
the demandant or his ancestors. In ejectment, in twenty years. See 1 Litt.
380, and Sessions Acts 1838-9, page 330. In the action of ejectment, there
is a saving in favor of infants; persons insane or imprisoned; femes covert,
to whom lands have descended during the coverture, when their cause of
action accrued. These persons may sue within three years after the removal
of the disability. 5 Litt. 90; Id. 97. There is no saving, in favor of non-
residents or absent persons. 5 Litt. 90; 4 Bibb, 561. But when the
possession has been held for seven years under a connected title in law or
equity deducible of record from the commonwealth, claiming title under an
adverse entry, survey or patent, no writ of ejectment or other possessory
action can be commenced. In this case there is a saying in favor of infants,
&c., as above, and of persons out of the United States, in the service of
the United States, or of this state, who may bring actions seven years after
the removal of the disability. 4 Litt. 55.
63.-2. As to personal actions. The act of limitation operates on
simple contracts (except store accounts) in five years. Torts to the person,
three years. Torts, except torts to the person, five years. Slander, one
year. Store accounts, one year from the delivery of each article; except in
cases of the death of the creditor or debtor before the expiration of one
year, when the further time of one year is allowed after such death.
64. Savings in such actions of simple contracts, tort, slander, and upon
store account, in favor of infants, femes covert, persons imprisoned or
insane at the time such action accrued, who have the full time aforesaid
after the removal of their respective disabilities to commence their suit.
But if the defendant, in any of said personal actions, absconds, or conceals
himself by removal out of the country or county where he resides when the
cause of action accrues, or by any other indirect ways or means defeats or
obstructs the bringing of such suit or action, such defendant shall not be
permitted to plead the act of limitations. 1 Litt. 380. There is no saving
in favor of non-residents or persons absent. Act of 1823, s. 3, Session
Acts, p. 287.
65. Louisiana. The Civil Code, book 3, title 23, chapter 1, section 3,
provides as follows:
66.-I. Of the prescription of one year. Art. 3499. The action of
justices of the peace and notaries, and persons performing their duties, as
well as constables, for the fees and emoluments which are due to them in
their official capacity that of muters and instructors in the arts and
sciences, for lessons which they give by the month; that of innkeepers and
such others, on account of lodging and board which they furnish; that of
retailers of provisions and liquors; that of workmen, laborers, and
servants, for the payment of their wages; that for the payment of the
freight of ships and other vessels, the wages of the officers, sailors, and
others of the crew; that for the supply of wood and other things necessary
for the construction, equipment, and provisioning of ships and other
vessels, are prescribed by one year.
67.-3500. In the cases mentioned in the preceding article, the
prescription takes place, although there may have been a regular continuance
of supplies, or of labor, or other service. It only ceases, from the time
when there has been an account acknowledged, a note or bond, or a suit
instituted. However, with respect to the wages of officers, sailors, and
others of the crew of a ship, this prescription runs only from the day when
the voyage is completed.
68.-3501. The actions for injurious words, whether verbal or written,
and that for damages caused by slaves or animals, or resulting from offences
or quasi offences; that which a possessor may institute, to have himself
maintained or restored to his possession, when he has been disturbed or
evicted; that for the delivery of merchandise or other effects, shipped on
board any kind of vessels; that for damage sustained by merchandise on board
ships, or which may have happened by ships running foul of each other, are
prescribed by one year.
69.- 3502. The prescription mentioned in the preceding article, runs,
with respect to the merchandise injured or not delivered from the day of the
arrival of the vessel, or that on which she ought to have arrived; and in
the other cases, from that on which the injurious words, disturbance, or
damage were sustained.
70.-II. Of the prescription of three years. Art. 3503. The action for
arrearages of rent charge, annuities and alimony, or of the hire of movables
or immovables; that for the payment of money lent; for the salaries of
overseers, clerks, secretaries, and of teachers of the sciences, for lessons
by the year or quarter; that of physicians, surgeons, and apothecaries, for
visits, operations, and medicines: that of parish judges sheriffs, clerks,
and attorneys, for their fees and emoluments, are prescribed by three years,
unless there be an account acknowledged, a note or bond given, or an action
commenced before that time.
71.-3504. The action of parties against their attorneys for the return
of papers delivered to them for the interest of their suits, is prescribed
also by three years, reckoning from the day when judgment was rendered in
the suit, or from the revocation of the powers of the attorneys.
72.-III. Of the prescription of five years. Art. 3505. Actions on
bills of exchange, notes payable to order or bearer, except bank notes,
those on all effects negotiable or transferable by endorsement or delivery,
are prescribed by five years, reckoning from the day when these engagements
were payable.
73.-3506. The prescription mentioned in the preceding article, and
those described above in the paragraphs, I. and II., run against minors and
interdicted persons, reserving, however, to them their recourse against
their tutors or curators. They run also against persons residing out of the
state.
74.-3507. The action of nullity or rescission of contracts,
testaments, or other acts; that for the reduction of excessive donations;
that for the rescission of partitions and guaranty of the portions, are
prescribed by five years when the person entitled to exercise them is in the
state, and ten years if he be out of it. This prescription only commences
against minors after their majority.
75.-IV. Of the prescription of ten years. Art. 3508. In general, all
personal actions, except those above enumerated, are prescribed by ten
years, if the creditor be present, and by twenty years, if he be absent.
76.-3509. The action against an undertaker or architect, for defect of
construction of buildings of brick or stone, is prescribed by ten years.
77.-3610. If a master suffer a slave to enjoy his liberty for ten
years, during his residence in the state, or for twenty years while out of
it, he shall lose all right of action to recover possession of the slave,
unless the slave be a runaway or fugitive.
78.-3511. The rights of usufruct, use and habitation, and services,
are lost, by non-use for ten years, if the person having a right to enjoy
them, be in the state, and by twenty years, if he be absent.
79.-V. Of the prescription of thirty years. Art. 3512. All actions for
immovable property, or for an entire estate as a succession, are prescribed
by thirty years, whether the parties be present, or absent from the state.
80.-3513. Actions for the revindication of slaves are prescribed by
fifteen years, in the same manner as in the preceding article.
81.-VI. Of the rules relative to the prescription operating a
discharge from debts. Art. 3514. In cases of prescription releasing debts,
one may prescribe against a title created by himself, that is, against an
obligation which be has contracted.
82.-3515. Good faith not being required on the part of the person
pleading this prescription, the creditor cannot compel him or his heirs to
swear whether the debt has or has not been paid, but can only blame himself
for not having taken his measures within the time directed by law; and it
may be that the debtor may not be able to take any positive oath on the
subject.
83.-3516. The prescription releasing debts is interrupted by all such
causes as interrupt the prescription by which property is acquired, and
which have been explained in the first section of this chapter. It is also
interrupted by the causes explained in the following articles.
84.-3517. A citation served upon one joint debtor or his
acknowledgment of the debt, interrupts the prescription with regard to all
the others and, even their heirs. A citation served on one of the heirs of a
joint debtor, or the acknowledgment of such heir, does not interrupt the
prescription with regard to the other heirs, even if the debt was by
mortgage, if the obligation be not indivisible. This citation or
acknowledgment does not interrupt the prescription, with regard to the other
co-debtors, except for that portion for which such heir is bound. To
interrupt this prescription for the whole, with regard to the other co-
debtors, it is necessary, either that the citations be served on all, or the
acknowledgment be made by all the heirs.
85.-3518. A citation served on the principal debtor, or his
acknowledgment, interrupts the prescription on the part of the surety.
86.-3519. Prescription does not run against minors and persons under
interdiction, except in the cases specified above.
87.-3520. Prescription runs against the wife, even although she be not
separated of property by marriage contract or by authority of law, for all
such credits as she brought in marriage to her husband, or for whatever has
been promised to her in dower; but the husband continues responsible to her.
88. Maine. 1. As to real actions. The writ of right is limited to thirty
years writ of ancestral seisin, twenty-five years writ of entry on party's
own seisin, twenty years. Stat. of Maine, eh. 62, Sec. 1, 2, 3. But by the
revised statutes, all real actions are limited to twenty years, from the
time the right accrues. They took effect on the first day of April, 1843.
Rev. Stat. T. 10, ch. 140, Sec. 1. And writs of right and of formedon are
abolished after that time. Rev. Stat. ch. 145, Sec. 1.
89.-2. As to personal actions. When founded on simple contract, they
are limited after six years; Rev. Stat. T. 10, ch. 146, Sec. 1; on
specialties, twenty years. Id. Sec. 11. Personal actions founded on torts
are limited to six years, except trespass for assault and battery, false
imprisonment, slanderous words and libels, which are limited to two years.
Id. Sec. 1.
90.-3. As to penal actions. When brought by individuals having an
interest in the penalty or forfeiture, they are limited to one year; Rev.
Stat. T. 10, c. 146, Sec. 15; when prosecuted by the state, two years. Id.
Sec. 16.
91.-4. As to crimes. Prosecutions for crimes must be commenced within
six years when the party charged has publicly resided within the state,
except in cases of treason, murder, arson, and manslaughter. Rev. Stat. T.
12, c. 167, 15.
92. Maryland. 1. As to lands. The statute of 21 Jac. I. c. 16, is in
force in this state.
93.-2. As to personal actions. By the Act of Assembly, 1715, c. 23,
actions of account; upon the case; or simple contract; or book debt or
account; and of debt not of specialty; detinue and replevin for taking away
goods and chattels; and trespass quare clausum fregit; must be brought
within three years ensuing the cause of action, and not after; other actions
of trespass, of assault, battery, wounding and imprisonment, within one year
from the time of the cause of action accruing; from these provisions are
excepted, however, such accounts as concern the trade of merchandise between
merchant and merchant, their factors and servants which are not resident
within this [province] state. This statute also enacts, that no bill, bond,
judgment, or recognizance, statute merchant or of the staple, or other
specialty whatsoever, (except such as shall be taken in the name or for the
use of our sovereign the king, &c.) shall be "good and pleadable, or
admitted in evidence" against any person of this [province] state, after the
principal debtor and creditor have both been dead twelve years, or the debt
or thing in action above twelve years standing.
94. Persons laboring under the impediments of infancy, coverture,
insanity or imprisonment, are not barred until five years after the
disability has been removed. And when a personal action abates by the death
of the defendant, the plaintiff may at any time renew his suit, provided it
be commenced without delay after letters testamentary have been granted.
95. Defendants, when absent from the state at the time the cause of
action accrued, cannot compute the time of their absence in order to bar the
plaintiff, but the latter may prosecute the same after the presence in the
state of the persons liable thereto, within the time or times limited by the
acts of limitation in such actions.
96. Massachusetts. By the Revised Statutes, ch. 120, it is provided as
follows, to wit:
97.-1. The following actions shall be commenced within six years next
after the cause of action shall accrue, and not afterwards
98. First, all actions of debt, founded upon any contract, or liability
not under seal, except such as are brought upon the judgment or decree of
some court of record of the United States, or of this, or some other of the
United States:
99. Secondly, all actions upon judgments rendered in any court, not
being a court of record:
100. Thirdly, all actions for arrears of rent:
101. Fourthly, all actions of assumpsit, or upon the case, founded on
any contract or liability, express or implied:
102. Fifthly, all actions for waste and for trespass upon land:
103. Sixthly, all actions of replevin and all other actions for taking,
detaining or injuring goods or chattels:
104. Seventhly, all other actions on the case, except actions for
slanderous words and for libels.
105.-2. All actions for assault and battery, and for false
imprisonment, and all actions for slanderous words and for libels, shall be
commenced within two years next after the cause of action shall accrue, and
not afterwards.
106.-3. All actions against sheriffs, for the misconduct or negligence
of their deputies, shall be commenced within four years next after the cause
of action shall accrue, and not afterwards.
107.-4. None of the foregoing provisions shall apply to any action
brought upon a promissory note, which is signed in the presence of an
attesting witness, provided the action be brought by the original payee, or
by his executor or administrator, nor to an action brought upon any bills,
notes, or other evidences of debt, issued by any bank.
108.-5. In all actions of debt or assumpsit brought to recover the
balance due upon a mutual and open account current, the cause of action
shall be deemed to have accrued, at the time of the last item proved in such
account.
109.-6. If any person entitled to bring any of the actions before
mentioned in this chapter shall, at the time when the cause of action
accrues, be within the age of twenty-one years, or a married woman, insane,
imprisoned, or absent from the United States, such person may bring the said
actions within the times in this chapter respectively limited, after the
disability shall be removed, or within six years after the disability
mentioned in the preceding section.
110.-7. All personal actions on any contract, not limited by the
foregoing sections, or by any other law of this commonwealth, shall be
brought within twenty years after the accruing of the cause of action.
111.-8. When any person shall be disabled to prosecute an action in the
courts of this commonwealth, by reason of his being an alien subject or
citizen of any country at war with the United States, the time of the
continuance of such war shall not be deemed any part of the respective
periods, herein limited for the commencement of any of the actions before
mentioned.
112.-9. If, at the time when any cause of action, mentioned in this
chapter, shall accrue against any person, he shall be out of the state, the
action may be commenced within the time herein limited therefor, after such
person shall come into the state and if after any cause of action shall have
accrued, the person against whom it has accrued shall be absent from and
reside out of the state, the time of his absence shall not be taken as any
part of the time limited for the commencement of the action.
113.-10. If any person, entitled to bring any of the actions, before
mentioned in this chapter, or liable to any such action, shall die before
the expiration of the time herein limited therefor, or within thirty days
after the expiration of the said time, and if the cause of action does by
law survive, the action may be commenced by or against the executor or
administrator of the deceased person, as the case may be, at anytime within
two years after the grant of letters testamentary or of administration, and
not afterwards, if barred by the provisions of this chapter.
114.-11. If, in any action duly commenced within the time in this
chapter limited and allowed therefor, the writ shall fail of a sufficient
service or return, by any unavoidable accident, or by any default or neglect
of the officer to whom it is committed, or if the writ shall be abated, or
the action otherwise avoided or defeated, by the death of any party thereto,
or for any matter of form, or if after a verdict for the plaintiff, the
judgment shall be arrested, or if a judgment for the plaintiff shall be
reversed on a writ of error, the plaintiff may commence a new action for
the same cause, at any time within one year after the abatement or other
determination of the original suit, or after the reversal of the judgment
therein; and if the cause of action does by law survive, his executor or
administrator may, in case of his death, commence such new action within the
said one year.
115.-12. If any person, who is liable to any of the actions mentioned
in this chapter, shall fraudulently conceal the cause of such action from
the knowledge of the person entitled thereto, the action may be commenced,
at any time within six years after the person who is entitled to bring the
same, shall discover that he has such cause of action, and not afterwards.
116. Michigan. 1. As to lands. Sec. 1. In all real actions the statute of
limitation takes effect as follows, to wit: In all actions for the recovery
of land the statute runs after twenty years from the time the cause of
action accrued, or within twenty-five years after the plaintiff or those
from, by or under whom he claims, shall have been seised or possessed of the
premises, except as specified below.
117.-Sec. 2. If the right or title accrued to an ancestor or
predecessor of the person who brings the action or makes the entry upon the
land, or to any other person from, by or under whom he claims, the said
twenty-five years shall be computed from the time when the right or title so
first accrued to such ancestor, predecessor or other person.
118.-Sec. 3. The right to bring an action for the recovery of land or
to make an entry thereon shall be deemed first to accrue when any person is
disseised, at the time of such disseisin.
119. When any person claims as heir or devisee of one who died seised,
his right shall be deemed to have accrued at the time of such death; unless
there is a tenancy by the curtesy or other estate, intervening after the
death of such ancestor or devisor, in which case the right shall be deemed
to accrue when such intermediate estate shall expire, or when it would have
expired by its own limitation.
120. When there is such an intermediate estate, and in all other cases
when the party claims by force of any remainder or reversion, his right, so
far as it is affected by the limitation herein prescribed, shall be deemed
to accrue when the intermediate or precedent estate would have expired by
its own limitation, notwithstanding any forfeiture thereof for which he
might have entered at an earlier time; but if the person claims by reason of
any forfeiture or breach of the condition, the statute runs from the time
when the forfeiture was incurred or the condition was broken.
121. In all other cases not otherwise provided for, the right shall be
deemed to accrue when the claimant or the person under whom he claims first
became entitled to the possession of the premises, under the title upon
which the entry or action is founded.
122.- Sec. 4. If any minister or other sole corporation shall be
disseised, any of his successors may enter upon the premises, or bring an
action for the recovery thereof at any time within five years after death,
resignation or removal of the person so disseised, notwithstanding the
twenty-five years after such disseisin shall have expired.
123.-Sec. 5. If the person first entitled to make such entry or bring
such action shall die within the age of twenty-one years, or be a married
woman, insane, imprisoned in the state prison, or absent from the United
States, and no determination or judgment shall have been had of or upon the
title, right or action which accrued to him, the entry may be made or the
action brought by his heirs, or any other person claiming from, by or under
him, at any time within ten years after his death, notwithstanding the said
twenty-five years shall have expired.
124.- Sec. 6. No person shall be deemed to have been in possession of any
lands within the meaning of the foregoing provisions merely by reason of
having made an entry thereon, unless he shall have continued open and
peaceable possession of the premises for the space of one year next after
such entry, or unless an action shall be commenced upon such entry and
seisin within one year after he shall be ousted or dispossessed of the
premises. R. S., p. 573 and 574.
125. No actions for the recovery of an estate sold by an executor or
administrator shall be maintained by the heir or other person claiming under
the deceased testator or intestate, unless it be commenced within five years
next after the sale. And no actions for any estate sold by a guardian shall
be maintained by the ward or any other person claiming under him, unless it
be commenced within five years after the termination of the guardianship.
Except that persons out of the state and minors and others under any legal
disability to sue at the time when the right of action shall first accrue,
may commence such action at any time within five years after the disability
is removed, or after their return to the state. R. S., p. 317, see. 35.
126.-2. As to personal actions. The following actions shall be
commenced within six years next after the cause of action shall accrue and
not afterwards, to wit:
127.-1st. All actions of debt founded upon any contract or liability
not under seal, except such as are brought upon the judgment or decree of
some court of record, or of general equity jurisdiction of the United
States, or of this or some other of the United States.
128.-2d. All actions upon judgments rendered in any court other than
those above excepted.
129.-3rd. All actions for arrears of rent.
130.-4th. All actions of assumpsit or upon the case founded on any
contract or liability express or implied.
131.-6th. All actions for waste.
132.-6th. All actions of replevin and trover and all other actions for
taking, detaining, or injuring goods and chattels.
133.-7th. All other actions on the case, except actions for slanderous
words or for libels.
134.-Sec. 2. All actions for trespass upon land or for assault and
battery, and for false imprisonment, and all actions for slanderous words
and for libels, shall be commenced within two years next after the cause of
action shall, accrue and ]lot afterwards.
135.-Sec. 3. All actions against sheriffs for the misconduct or neglect
of their deputies shall be commenced within four years next after the cause
of action shall accrue and not afterwards.
136.-Sec. 4. None of the foregoing provisions shall apply to any action
brought, upon any bills, notes or other evidence of debt issued by any bank.
137.-Sec. 5. In all actions of debt or assumpsit brought to recover the
balance due upon mutual and open account current the cause of action shall
be deemed to have accrued at the time of the last item proved in such
account.
138.-Sec. 6. If any person entitled to bring any of the actions before
mentioned in this chapter shall, at the time when the cause of action
accrues, be within the age of twenty-one years, or a married woman, insane,
imprisoned in the state prison, or absent from the United States, such
person may bring the said actions within the time in this chapter
respectively limited after the disability shall be removed.
139.-Sec. 7. All personal actions or any contract not limited by the
foregoing sections or by an other laws of this state shall be brought within
twenty years after the accruing of the cause of action.
140.-Sec. 8. When any person shall be disabled to prosecute an action
in the courts of this state by reason of his being an alien subject or
citizen of any country at war with the United States, the time of the
continuance of such war shall not be deemed any part of the respective
period herein limited for the commencement of an of the actions before
mentioned.
141.-Sec. 9. If at the time when a cause of action mentioned in this
chapter shall accrue against any person, he shall be out of the state, the
action may be commenced within the time herein limited therefor after such
person shall come into this state. And if, after any cause of action shall
have accrued, the person against whom it has accrued shall be absent from,
and reside out of the state, the time of his absence shall not be taken as
any part of the time limited for the commencement of the action.
142.-Sec. 10. If any person entitled to bring any of the actions before
mentioned shall die before the expiration of the time herein limited or
within thirty days after the expiration of the said time, and if the cause
of action does by law survive; the action may be commenced by or against the
executor or administrator of the deceased person as the case may be, at any
time within two years after the granting of the letters testamentary or of
administration, and not afterwards, if barred by the provisions of this
chapter.
143.-Sec. 11. If in any action, duly commenced within the time limited
in this chapter and allowed therefor, the writ shall fail of a sufficient
service or return, by an unavoidable accident or by any default or neglect
of the officer to whom it is committed, or if the suit shall be abated, or
the action otherwise avoided or defeated by the death of any party thereto,
or for any other matter of form, or if after a verdict for the plaintiff the
judgment shall be arrested, or if a judgment for the plaintiff shall be
reversed on a writ of error, the plaintiff may commence a new action for the
same cause at any time within one year after the abatement or other
determination of the original suit or after the reversal of the judgment
therein. And if the cause of action does by law survive, the executor or
administrator may in case of his death commence such action within said one
year.
144.-Sec. 12. In case of the fraudulent concealment of the right of
action, such action may be commenced at any time within six years after the
person entitled to the same shall discover that he has such cause of action.
R. S., p. 576, 577 and 578.
145.-Sec. 21. All actions and suits for any penalty or forfeiture on
any penal statute brought by any person to whom the penalty or forfeiture is
given in the whole or in part, shall be commenced within one year next after
the offence was committed, and not afterwards.
146.-Sec. 22. If the penalty or forfeiture is given in whole or in part
to the state, a suit therefor may be commenced by or in behalf of the state
at any time within two years after the offence was committed and not
afterwards. Rev. Stat., p. 579.
147.-3. As to crimes. The statute of limitations in criminal cases
takes effect after six years from the time the offence was committed; but
any period during which the party charged was not usually and publicly
resident within this state shall not be reckoned as a part of the six years.
In case of murder, however, there is no limitation. Rev. Stat., p. 666, sec.
15.
148. Mississippi. 1. As to lands. Real, possessory, ancestral and mixed
actions for lands, tenements, or hereditaments must be instituted within
twenty years next after the right or title thereto, or cause of action
accrued. How. & Hutch. page 568, ch. 43, sec. 88, L. 1822. Right or title
of entry is barred after twenty years. Id. sec. 89, L. 1822. Fifty years
actual possession uninterruptedly continued by occupancy, descent,
conveyance or otherwise, vests a complete title in the occupier. Id. sec.
90, L. 1822. Real estate, which may have escheated to the state, must be
claimed within two years next after the inquisition, or it will be sold.
How. & Hutch. page 263, ch. 34, sec. 84, L. 1822. If real estate escheat to
the state and be sold, the moneys arising from such sale may be claimed
within twelve years next from the day of such sale; Id. sec. 87, L. 1822;
and moneys arising from sale of personal estate, escheated, may be claimed
within six years next after the sale thereof. Ib. All persons claiming real
estate escheated, either by descent or otherwise, must appear and traverse
the office of inquest within twelve years from the date thereof, and in case
of personal estate, within six years, or they will be forever barred of
their claim. Id. sec. 88, L. 1822.
149.-2. As to personal actions. 1st. On contracts. These are, 1.
Actions on simple contracts must be commenced and sued within six years next
after the cause of action accrued. Except such actions as concern the trade
or merchandise between merchant and merchant, their factors, agents and
servants where there are mutual dealings and mutual credits. How. & Hutch.
page. 569, ch. 43, sec. 91, L. 1822 How. Rep. 2, 786.
150. Actions founded upon any account for goods, wares or merchandise,
sold and delivered, or for any articles charged in any store account, must
be commenced and sued within three years next after cause of action accrued.
Post-dating any article in such account is highly penal. How. & Hutch. page
570, ch. 43, sec. 98, L. 1822.
151.-2. Actions on specialties must be commenced and sued within
sixteen years next after cause of action accrued. How. & Hutch. page 569,
ch. 43, sec. 95, L. 1822.
152. Judgments recovered in any court of record as well without as within
this state, may be revived by scire facias, or an action of debt brought
thereon within twenty years next after the date of such judgment. How. &
Hutch. pages 570 and. 574, ch. 43, sec. 96 and 111, Laws 1822 and 1830. This
extends to decrees of the chancery court. How. Rep. 4, 31.
153.-3. Suits on bonds, or recognizances against sureties for public
officers must be commenced and sued within five years next after cause of
action accrued. Id. sec. 97, page 570, L. 1822.
154.-2d. On torts. Actions for torts affecting the person must be sued
within two years next after cause accrued. How. & Hutch. page 569, ch. 43,
sec. 92, L. 1822. Actions of slander for words spoken or written must be
sued within one year. Id. sec. 93, L. 1822; How. Rep. 2, 698. Actions of
trespass quare clausum fregit; trespass; detinue; trover; replevin, for
taking away goods and chattels, actions on the case, must be sued within six
years next after cause of action accrued. Id. How. & Hutch. page 569, ch.
43, sec. 91, L. 1822.
155.-3. As to penal actions. Penal actions are limited to twelve months
from the time of incurring the fine or forfeiture. (Persons absconding or
fleeing from justice are excepted:) How. & Hutch 49, see. 19, L. 1822.
156.-4. As to crimes. Indictments, presentments or informations for
offences (crimes) must be found or exhibited within one year next after the
offence committed, (except for willful murder, arson, forgery, counterfeiting
and larceny; as to which there is no limitation.) How. & Hutch. p. 668, ch.
49; sec. 19, L. 1822.
157. Missouri. 1. As to lands. That from henceforth no person or persons
whatsoever shall make entry into any lands, tenements or hereditaments,
after the expiration of twenty years next after his, her or their right or
title to the same first descended or accrued; nor shall any person or
persons whatsoever have or maintain any writ of right, or any other real or
possessory writ or action for any lands, tenements, or hereditaments of the
seisin or possession of him, her or them, his, her or their ancestors or
predecessors, nor declare or allege any other seisin or possession of him,
her or them, his, her or their ancestors or predecessors, than within twenty
years next before such writ, action, or suit, so hereafter to be sued,
commenced or brought. Act of 1848. Infants, femes covert, persons of unsound
memory, imprisoned, beyond seas, or without the jurisdiction of the United
States, may sustain such actions commenced within twenty years after the
disability has been removed.
158.-2. As to personal actions. In all actions upon the case (other
than for slander;) actions for accounts, (other than such accounts as
concern the trade of merchandise between merchant and merchant, their
factors and servants;) actions for debt, grounded upon any lending or
contract without specialty, or of debt for arrearages of rent; and actions
of trespass quare clausum fregit, shall be brought within five years after
the cause of action shall accrue.
159. All actions upon accounts for goods, wares and merchandise sold and
delivered, or for any article in any store account; all actions of trespass
vi et armis, assault and battery, and imprisonment, shall be brought within
two years after the cause of action shall accrue.
160. Actions on the case for words, one year after the words spoken; and
writs of error shall be brought within five years after the judgment or
order of complaint shall be rendered and not after. Act of July 4, 1807.
161. The plaintiff may within one year commence a new suit when a former
judgment has been reversed, or the plaintiff has suffered a nonsuit.
162.-3. As to criminal actions. Actions, suits, indictments, or
informations, (if the punishment be fine and imprisonment,) must be brought
within two years after the offence has been committed, and not after.
163. New Hampshire. 1. As to lands. No action can be maintained for the
recovery of lands, unless upon a seisin within twenty years, except by
persons under disability, that is, by those under twenty-one years of age,
femes covert, non compos mentis, imprisoned, or without the limits of the
United States, who may sue within five years after the disability has been
removed.
164.-2. As to personal actions. Actions in general are limited to be
brought within six years after they have accrued; but actions of trespass,
assault and battery, are limited to three years and actions of slander to
two. Infants, femes covert, persons imprisoned, or beyond sea, without the
limits of the United States, or non compos mentis, may bring an action
within the same time, after the disability has been removed. When the
defendant has left the state before the action accrued, and left no property
there which could have been attached, then the whole time is allowed after
his return.
165. New Jersey. 1. As to lands. By the act of June 5, 1787, it was
enacted,
166.-1. At the aforesaid date, that sixty years actual possession of
lands, tenements or other real estate uninterruptedly continued by
occupancy, descent, conveyance or otherwise, in whatever way or manner such
possession might have commenced or been continued, shall vest a full and
complete right and title in every actual possessor or occupier of such
lands, tenements or other real estate, and shall be a good and sufficient
bar to all claims that may be made or actions commenced, by any person or
persons whatsoever for the recovery of such lands, &c.
167.-2. And that thirty years' actual possession of lands, &c.
uninterruptedly continued as aforesaid, wherever such possession commenced
or is founded upon a proprietary right duly laid thereon, and recorded in
the surveyor general's office of the division in which such location was
made, or in the secretary's office, agreeably to law; or, wherever such
possession was obtained by a fair bona fide purchase of such land, &c. of
any person in possession, and supposed to have a legal right and title
thereto, or of the agent or agents of such person or persons, shall be a
good and sufficient bar to all prior locations, rights, titles, conveyances
or claims whatever, not followed by actual possession as aforesaid, and
shall vest an absolute right and title in the actual possessor or occupier
of all such lands, &c.
168. Provided, That if any person or persons having a right or title to
lands, &c. shall, at the time of the said right or title first descended or
accrued, be within twenty-one years of age, feme covert, non compos,
imprisoned, or without the United States, then such person or persons, and
his heir or heirs may, notwithstanding the aforesaid times are expired, be
entitled to his or their action for the same, so as such person or persons,
or his or their heirs, commence or sue forth his or their actions within
five years, after his or their full age, discoverture, coming of sound mind,
enlargement out of prison, or coming within any of the United States, and at
no other time.
169. And provided that any citizens of this, or any of the United States,
and his or their heirs, having such right, &c. may, notwithstanding the
aforesaid times expired, commence his or their action for such lands, &c.,
at any time within five years next after the passing of this act, and not
afterwards.
170. By the act of February 7, 1799, s. 9, it is enacted, that no person
who now hath, or hereafter may have, any right or title of entry, into
lands, tenements or hereditaments, shall make entry therein, but within
twenty years next after such right or title shall accrue, and such person
shall be barred from any entry afterwards.
171. Provided, That the time during which the person who hath or shall
have such right or title of entry shall have been under the age of twenty-
one years, feme covert, or insane, shall not be computed as part of the said
limited period of twenty years.
172. By section 10, of the same act, from and after the first day of
January, 1803, every real, possessory, ancestral, mixed or other action for
any lands, tenements or hereditaments, shall be brought or instituted within
twenty years next after the, right or title thereto or cause of such action
shall accrue, and not after.
173. Provided, That the time during which the person who hath or shall
have such right or title or cause of action, shall have been under the age
of twenty-one years, feme covert, or insane, shall not be computed as part
of the said twenty years.
174.-Section 11. That if a mortgagee and those under him be in
possession, of lands, &c. contained in the mortgage or any part thereof, for
twenty years after default of payment, then the right or equity of
redemption therein, shall be barred, forever.
175.-Section 13. That no person or persons, bodies politic or
corporate, shall be sued or impleaded by the state of New Jersey, for any
land, &c. or any rents, revenues, or profits thereof, but within twenty
years after the right, title or cause of action to the same shall accrue and
not after.
176.-2. As to personal actions. It is enacted that all actions of
trespass quare clausum fregit; trespass; detinue; trover; replevin; debt,
founded on any lending or contract without specialty, or for arrearages of
rent due on a parol demise; of account, (except such actions as concern the
trade of merchandise between merchant and merchant, their factors, agents
and servants;) and on the case, (except actions for slander,) shall be
commenced and sued within six years next after the cause of such actions
shall have accrued, and not after. That all actions of trespass for assault,
menace, battery, wounding and imprisonment, or any of them, shall be
commenced and sued within four years next after the cause of such actions
shall have accrued and not after. That every action upon the case for words,
shall be commenced and sued within two years next after the words spoken,
and not after. Persons within the age of twenty-one years, femes covert or
insane, may institute such actions within such time as is before limited
after his or her coming to or being of full age, discoverture, or sane
memory,
177. The act of February 7, 1799, s. 6, provides that every action of
debt, or covenant for rent, or arrearages of rent, founded upon lease under
seal; debt on any bill or obligation for the payment of money only, or upon
any award, under the hands and seals of arbitrators, for the payment of
money only, shall be commenced and sued within sixteen years next after the
cause of such action shall have accrued, and not after; but if any payment
shall have been made on any such lease, specialty or award, within or after
the said period of sixteen years, then an action, instituted on such lease,
specialty or award, within sixteen years after such payment, shall be
effectual in law, and not after. Provided, That the time during which the
person, who is or shall be entitled to any of the actions specified in this
section, shall have been within the age of twenty-one years, feme covert, or
insane, shall not be taken or computed as part of the said limited period of
sixteen years.
178. As to crimes. By the statute passed February 17,1829, Harr. Comp.
243, all indictments for offences punishable with death, (except murder,)
must be found within three years, and all offences not punishable with
death, must be brought within two years; except, as to both, where the
offender flies.
179.-4. As to penal actions. By the statute of February 7, 1799, Rev.
Laws, 410, all popular and qui tam actions, and also all actions on penal
statutes by the party grieved, must be brought within two years.
180. New York. The provisions limiting the time of commencing actions,
are contained in the Revised Statutes, part 3, chapter 4, tit. 2, and are
substantially as follows:
181.-1. As to lands. The people of this state will not sue or implead
any person for, or in respect to any lands, tenements, or hereditaments, or
for the issues or the profits thereof, by reason of any right or title of
the said people to the same, unless, 1. Such right shall have accrued within
twenty years before any suit, or other proceeding for the same shall have
been commenced; or unless, 2. The said people or those from whom they claim,
shall have received the rents and profits of such real estate, or some part
thereof, within the said space of twenty years. Grantees of the state cannot
recover, if the state could not; and when patents granted by the state are
declared void for fraud, a suit may be brought at any time within twenty
years thereafter.
182. No action for the recovery of any lands, tenements, or
hereditaments, or for the recovery of the possession thereof, shall be
maintained, unless it appear that the plaintiff, his ancestor, predecessor
or grantor, was seised or possessed of the premises in question within
twenty years before the commencement of such action.
183. No avowry or cognizance of title of real estate, or to any rents or
services, shall be valid, unless it appear that the person making the
avowry, or the person in whose right the cognizance is made, or the
ancestor, predecessor, or grantor of such person, was seised or possessed
of the premises in question, within twenty years before committing the act,
in defence of which the avowry or cognizance is made.
184. No entry upon real estate shall be deemed sufficient or valid as a
claim, unless an action be commenced thereupon within one year after the
making of such entry, and within twenty years from the time when, the right
of making such entry accrued.
185. All writs of scire facias upon fines, heretofore levied, of any
manors, lands, tenements, or hereditaments, shall be sued out within twenty
years next after the title or cause of action first descended or fallen, and
not after that period.
186. If any person entitled to commence any action as above specified, or
to make any entry, avowry, or cognizance, be at the time such title shall
first descend or accrue, either, 1. Within the age of twenty-one years or,
2. Insane; or, 3. Imprisoned on any criminal charge or in execution upon
some conviction of a criminal offence for any term less than for life; or,
4. A married woman; the time during which such disability shall continue
shall not be deemed any portion of the time above limited, for the
commencement of such suit, or the making such entry, avowry, or cognizance;
but such person may bring such action, or make such entry, avowry, or
cognizance, after the said time so limited, and within ten years after such
disability removed and not after. In case of the death of the person
entitled to such action, &c., before any determination or judgment in the
case, his heirs may institute the same within ten years after his death, but
not after. Rev. Statutes, part 3, c. 4, tit. 2, article 1.
187. The 68th section of the act "to simplify and abridge the practice,
pleadings and proceedings of the courts of this state," (New York,) passed
the 12th of April 1848, known as the Code of Procedure, enacts that the
provisions of the Revised Statutes, contained in the article entitled, "Of
the time of commencing actions relating property," shall, until otherwise
provided by statute, continue in force, and be applicable to actions for the
recovery of real property.
188.-2. Other actions than for the recovery of real property, and
actions already commenced, or cases where the right of action has accrued,
to which the statutes in force when the said act was passed shall be
applicable, according to the subject of the action, and without regard to
the form, must be commenced within the times as provided for in part 2, t.
2, c. 3 and 4, of the code of procedure in the following sections, namely:
Sec. 70. Within twenty years:
1. An action upon a judgment or decree of any court of the United
States, or of any state or territory within the United States. 2. An action
upon a sealed instrument.
Sec. 71. Within six years:
1. An action upon a contract, obligation or liability, express or
implied; excepting those mentioned in section seventy.
2. An action upon a liability created by statute, other than a penalty
or forfeiture.
3. An action for trespass upon real property.
4. An action for taking, detaining or injuring any goods or chattels,
including actions for the specific recovery of personal property.
5. An action for criminal conversation, or for any other injury to the
person or rights of another, not arising on contract, and not hereinafter
enumerated.
6. An action for relief, on the ground of fraud; the cause of action in
such case not to be deemed to have accrued, until the discovery by the
aggrieved party, of the facts constituting the fraud.
Sec. 72. Within three years:
1. An action against a sheriff or coroner, upon a liability incurred by
the doing of an act in his official capacity, and in virtue of his office,
or by the omission of an official duty; including the non-payment of money
collected upon an execution. But this section shall not apply to an action
for an escape.
2. An action upon a statue, for a penalty or forfeiture, where the
action is given to the party aggrieved, or to such party and the people of
this state, except where the statute imposing it prescribes a different
limitation.
Sec. 73. Within two years:
1. An action for libel, slander, assault, battery, or false
imprisonment.
2. An action upon a statute, for a forfeiture or penalty to the people
of this state.
Sec. 74. Within one year:
1. An action against a sheriff or other officer, for the escape of a
prisoner arrested, or imprisoned on civil process.
Sec. 75. In an action brought to recover a balance due upon a mutual,
open and current account, where there have been reciprocal demands between
the parties, the cause of action shall be deemed to have accrued from the
time of the last item in the account, on the adverse side.
Sec. 76. An action upon a statute for a penalty or forfeiture, given in
whole or in part to any person who will prosecute for the same, must be
commenced within one year after the commission of the offence, and if the
action be not commenced within the year, by a private party, it may be
commenced within two years thereafter, in behalf of the people of this
state, by the attorney-general, or the district attorney of the county where
the offence was committed.
Sec. 77. An action for relief, not hereinbefore provided for, must be
commenced within ten years after the cause of action shall have accrued.
Sec. 78. The limitations prescribed in this title shall apply to
actions brought in the name of the people of this state or for their
benefit, in the same manner as to actions by private parties.
Sec. 79. An action shall not be deemed commenced, within the meaning of
this title, unless it appear:
1. That the summons or other process therein was duly served upon the
defendants, or one of them; or
2. That the summons was delivered, with the intent that it should be
actually served, to the sheriff of the county in which the defendants, or
one of them, usually or last resided; or, if a corporation be defendant, to
the sheriff of the county in which such corporation was established by law,
or where its general business was transacted, or where it kept an office for
the transaction of business.
Sec. 80. If, when the cause of action shall accrue against a person,
he be out of the state, the action may be commenced within the term herein
limited, after his return to the state; and if, after the cause of action
shall have accrued, he depart from and reside out of the state, the time of
his absence shall not be part of the time limited for the commencement of
the action.
Sec. 81. If a person entitled to bring an action, except for a penalty
or forfeiture, or against a sheriff or other officer for an escape be at the
time the cause of action accrued, either:
1. Within the age of twenty-one years; or,
2. Insane; or,
3. Imprisoned on a criminal charge, or in execution under the sentence
of a criminal court, for a term less than his natural life; or,
4. A married woman: The time of such disability shall not be part of
the time limited for the commencement of the action.
Sec. 82. If a person entitled to bring an action, die before the
expiration of the time limited for the commencement thereof, and the cause
of action survive, his representatives may commence the action, after the
expiration of that time, and within one year from his death.
Sec. 83. When a person shall be an alien, subject or citizen of a
country at war with the United States, the time of the continuance of the
war shall not be part of the period limited for the commencement of the
action.
Sec. 84. If an action shall be commenced within the time prescribed
therefor, and a judgment therein for the plaintiff be reversed, on appeal,
the plaintiff, or if be die and the cause of action survive, his heirs or
representatives may commence a new action within one year after the
reversal.
Sec. 85. When the commencement of an action shall be stayed by
injunction, the time of the continuance of the injunction shall not be part
of the time limited for the commencement of the action.
Sec. 86. No person shall avail himself of a disability, unless it
existed when his right of action accrued.
Sec. 87. When two or more disabilities shall exist, the limitation
shall not attach until they all be removed.
Sec. 88. This title shall not affect actions to enforce the payment of
bills, notes, or other evidences of debt issued by moneyed corporations, or
issued or put in circulation as money.
Sec. 89. This title shall not affect actions against directors or
stockholders of a moneyed corporation, to recover a penalty or forfeiture
imposed, or to enforce a liability created by the second title of the
chapter of the Revised Statutes, entitled "Of Incorporations;" but such
actions must be brought within six years after the discovery, by the
aggrieved party, of the facts upon which the penalty or forfeiture attached,
or the liability was created.
Sec. 90. Where the time for commencing an action arising on contract
shall have expired, the cause of action shall not be deemed revived by an
acknowledgment or new promise, unless the same be in writing, subscribed by
the party to be charged thereby.
189. North Carolina. By the Revised Statutes, chapter 65, it is provided
as follows, to wit:
190. 1. As to lands. 1. That no person or persons nor their heirs, which
hereafter shall have any right or title to any lands, tenements, or
hereditaments, shall thereunto enter or make any claim, but within seven
years next after his, her, or their right or title descended or accrued, and
in default thereof, such person or persons, so not entering or making claim,
shall be utterly excluded and disabled from any entry or claim thereafter to
be made: Provided, nevertheless, that if any person or persons, that is or
hereafter shall be entitled to any right or claim of lands, tenements or
hereditaments, shall be, at the time the said right or title first
descended, accrued, come or fallen, within the age of twenty-one years, feme
covert, non compos mentis, imprisoned or beyond seas, that then such person
or persons shall and may, notwithstanding the said seven years be expired,
commence his, her or their suit, or make his, her, or their entry, as he,
she, or they might have done before this act, so as such person or persons
shall, within three years next after full age, discoverture, coming of sound
mind, enlargement out of prison, or persons beyond seas, within eight years
after the title or claim becomes due, take benefit and sue for the same, and
at no time after the times or limitations herein specified; but that all
possessions, held without suing such claim as aforesaid, shall be a
perpetual bar against all, and all manner of persons whatsoever, that the
expectation of heirs may not, in a short time, leave much land unpossessed,
and titles so perplexed, that no man will know of whom to take or buy land.
Provided also, that if in any action of ejectment for the recovery of any
lands, tenements or hereditaments, judgment be given for the plaintiff, and
the same be reversed for error, or a verdict pass for the plaintiff, and,
upon matter alleged in arrest of judgment, the judgment be given against the
plaintiff that he take nothing by his plaint, writ or bill, or a verdict be
given against the plaintiff, in all such cases the party plaintiff, his
heirs or executors, as the case shall require, may commence a new action or
suit from time to time, within one year after such judgment reversed, or
judgment given against the plaintiff.
191.- 2. Where any person or persons, or the person or persons under
whom he, she, or they claim, shall have been, or shall continue to be, in
possession of any lands, tenements or hereditaments whatsoever, under titles
derived from sales, made either by creditors, executors or administrators of
any person deceased, or by husbands and their wives, or by endorsement of
patents or other colorable title, for the space of twenty-one years, all
such possessions of lands, tenements or, hereditaments, under such title,
shall be and are hereby ratified, confirmed and declared to be a good and
legal bar, against the entry of any person or persons, under the right or
claim of the state, to all intents and purposes whatsoever; Provided,
nevertheless, that the possession so set up shall have been ascertained and
identified under known and visible lines or boundaries.
192.-2. As to personal actions. 3. All actions of trespass, detinue,
actions sur trover and replevin for taking away of goods and chattels, all
actions of account and upon the case, all actions of debt for arrearages of
rent, all actions of debt grounded upon any lending or contract without
specialty, and all actions of assault, menace, battery, wounding, and
imprisonment, or any of them, which shall be sued or brought, shall be
commenced or brought within the time and limitation in this act expressed,
and not after; that is to say, actions of account render, actions upon the
case, actions of debt for arrearages of rent, actions of debt upon simple
contract, actions of detinue, replevin, and trespass either for goods and
chattels or quare clausum fregit, within three years next after the cause of
such action or suit, and not after; except such accounts as concern the
trade of merchandise, between merchant and merchant, and their factors, or
servants; and the said actions of trespass, of assault and battery,
wounding, imprisonment, or any of them, within one year after the cause of
such action or suit, and not after; and the said actions upon the case for
words, within six months after the words spoken, and not after.
193.-4. Provided, nevertheless, that if, on any of the said actions or
suits, judgment be given for the plaintiff, and the same be reversed by
error, or a verdict pass for the plaintiff, and upon matter alleged in
arrest of judgment, the judgment be given against the plaintiff, that he
take nothing by his plaint, writ or bill; or if any of the said actions
shall be brought by original writ, and the defendant cannot be attached or
legally served with process, in all such cases, the party plaintiff, his
heirs, executors or administrators, as the case shall require, may commence
a new action or suit, from time to time, within a year after such judgment
reversed, or such judgment given against the plaintiff, or till the
defendant can be attached or served with the process, so as to compel him to
appear and answer. And provided further, that if any person or persons, that
is or shall be entitled to any such action or trespass, detinue, action sur
trover, replevin, actions of accompt and upon the case, actions of debt for
arrearages of rent, actions of debt grounded upon any lending or contract
without specialty, actions of assault, menace, battery, wounding, and
imprisonment, actions of trespass quare clausum fregit, actions upon the
case for slanderous words, be, or shall be, at the time of any such cause of
action given or accrued, fallen or come, within the age of twenty-one years,
feme covert, non compos mentis, imprisoned or beyond the seas, then such
person or persons shall be at liberty to bring the same actions, so as they
bring the same within such times as are before limited, after their coming
to or being of full age, discovert, of sound memory, at large or returned
from beyond seas, as other persons having no such impediment might have
done. And provided further, that when any person or persons, against whom
there is cause of action, shall be beyond sea at the time of such cause of
action given or accrued, fallen or come, the person, who shall have such
cause of action, may bring his action against them within such time or times
as are hereinbefore limited, for bringing such actions after their return.
194.-5. The limitation of actions shall apply to all bonds, bills, and
other securities made transferable by law, after the assignment or
endorsement thereof, in the same manner as it operates against promissory
notes.
195.-3. As to penal Actions. 6. All actions and suits to be brought on
any penal act of the general assembly, for the recovery of the penalty
therein set forth, shall be brought within three years after the cause of
such action or suit shall or may have accrued, and not after: Provided, that
this act shall not affect the time of bringing suit on any penal act of the
general assembly, which hath a time limited therein for bringing the same.
196. Ohio. 1. As to lands. Twenty-one years adverse possession of lands
operates a bar, with a saving in favor of infants, femes covert, persons
insane, imprisoned or beyond the sea, when the right of action accrues. And
if a person shall have left the state, and remain out of the same at the
time the cause of action accrued; or shall have left the state or county at
any time during the period of limitation, (that is, after the right of
action has accrued,) and remain out of the same in a place unknown to the
person having the right of action, suit may be brought at any time within
the period of limitation, after the return of such person to the state or
county.
197.-2. As to personal actions. 1st. Actions upon the case, covenant
and debt founded upon a specialty, or any agreement, contract or promise in
writing, may be brought within fifteen years after the cause of action shall
have accrued.
198.-2d. Actions upon the case and debt founded upon any simple
contract, not in writing, and actions on the case for consequential damages,
within six years.
199.-3d. Actions of trespass upon property, real or personal, detinue,
trover and replevin, within four years.
200.-4th. Actions of trespass for any injury done to the person,
actions of slander for words spoken, or for a libel, actions for malicious
prosecution, and for false imprisonment; actions against officers for
malfeasance or nonfeasance in office, and actions of debt qui tam, within
one year.
201.-5th. Actions for forcible entry and detainer, or forcible detainer
only, within two years.
202.-6th. All other actions within four years; and all penalties and
forfeitures given by statute and limited by the statute, within the times so
limited.
203.-7th. Infants, femes covert, persons insane or imprisoned, entitled
to an action of ejectment, may, after the twenty-one years have elapsed,
bring their actions within ten years after such disability removed. They may
bring all other actions, within the respective times limited for bringing
such actions, after the disability removed.
204.-8th. Actions, founded on contracts between persons resident at the
time of the contract without this state, which are barred by the laws of the
country where the contract was made, are barred in the courts of this state.
205.-9th. In all actions on contracts express or implied, in case of
payment of an part, principal or interest, acknowledgment of an existing
liability, debt or claim, or any promise to pay the same, within the time
herein limited, the action may be commenced within the time limited after
such payment, acknowledgment or promise.
206.-10th. If judgment be arrested or reversed, the suit abate or the
plaintiff become nonsuit, and the time limited shall have expired, the
plaintiff may bring a new action within one year after such arrest,
reversal, abatement or nonsuit.
207.-11th. A person who has left the state, or resides out of it, or
whose place of residence is unknown although in the state, at the time the
cause of action accrues, may be sued within the time limited by the act,
after his return or to removal the state, or his place of residence, if in
the state, becomes known. O. Stat. vol. 29, 214; Act of Feb. 18, 1831. Took
effect, June 1, 1831. Swan's Col. Laws, 553, 4, 5, 6.
208. This act only operates upon causes of action accruing after the act
took effect, and all causes of action previously subsisting are governed by
the statutes (and there have been several) in force when the respective
causes of action accrued, none of the statutes being retrospective in their
operation. 7 O. R. p. 2, 235, West's Adm'r. v. Hymer; Id. 153, Hazlett et
al. v. Crutchfield et al.; 6 Id. 96, Bigelow's Ex'r. v. Bigelow's Adm'r.
209.-3. As to penal actions. Prosecutions for any forfeitures under a
penal statute, must be instituted within two years, unless otherwise
specially provided for.
210. Pennsylvania. 1. As to lands. From henceforth no person or persons
whatsoever, shall make entry into any manors, lands, tenements or
hereditaments, after the expiration of twenty-one years next after his, her
or their right or title to the same first descended or accrued; nor shall
any person or persons whatsoever have or maintain any writ of right, or any
other real or possessory writ or action, for any manor, lands, tenements or
hereditaments, of the seisin or possession of him, her or themselves, his,
her, or their ancestors, or predecessors, nor declare or allege any other
seisin or possession of him, her or themselves, his, her or their ancestors
or predecessors, than within twenty-one years next before such writ, action,
or suit so hereafter to be sued, commenced or brought. Act of March 26,
1785, s. 2, 2 Smith's Laws Pa. 299.
211. Section 4, provides, that if any person or persons having such right
or title be, or shall be at the time such right or title first descended or
accrued, within the age of twenty-one years, feme covert, non compos mentis,
imprisoned or beyond the seas, or from and without the United States of
America, then such person or persons, and the heir or heirs of such person
or persons, shall and may, notwithstanding the said twenty-one years be
expired, bring his or their action, or make his or their entry, as he, she
or, they might have done, before the passing of this act, so as such person
or persons, or the heir or heirs of such person or persons, shall within ten
years next after attaining full age, discoverture, soundness of mind,
enlargement out of prison, or coming into the said United States, take
benefit of or sue for the same, and no time after the said ten years; and in
case such person or persons shall die within the said term of ten years,
under any of the disabilities aforesaid, the heir or heirs of such person or
persons shall have the same benefit, that such person or persons could or
might have had; by living until the disabilities should, have ceased or been
removed; and if any abatement happen in any proceeding or proceedings upon
such right or title, such proceeding or proceedings may be renewed and
continued, within three years from the time of such abatement, but not
afterward.
212. By the act of March 11, 1815, the provision above contained, so far
as the same relates to persons beyond the seas, and from and without the
United States of America, is repealed.
213.-2. As to personal actions. All actions of trespass quare clausum
fregit, all actions of detinue, trover and replevin, for taking away goods
and cattle, all actions upon account, and upon the case, (other than such
accounts as concern the trade of merchandise between merchant and merchant,
their factors or servants,) all actions of debt, grounded upon any lending
or contract without specialty, all actions of debt for arrearages of rent,
except the proprietaries' quit rents, and all actions of trespass, of
assault, menace, battery, wounding and imprisonment, or any of them, which
shall be sued or brought at any time after the five and twentieth day of
April, which shall be in the year of our Lord one thousand seven hundred and
thirteen, shall be commenced and sued within the time and limitation
hereafter expressed, and not after; that is to say, the said actions upon
the case, other than for slander, and the said actions for account, and the
said actions for trespass, debt, detinue, and replevin for goods or
chattels, and the said actions of trespass quare clausum fregit, within six
years next after the cause of such actions or suit, and not after. And the
said actions of trespass, of assault, menace, battery, wounding,
imprisonment, or any of them, within two years next after the cause of such
actions or suit, and not after. And the said actions upon the case for
words, within one year next after the words spoken, and not after. Act. of
March 27, 1713, s. 1.
214. If in any of the said actions or suits, judgment be given for the
plaintiff and the same be reversed by error, or a verdict passed for the
plaintiff, and upon matter alleged in arrest of judgment, the judgment be
given against the plaintiff, that he take nothing by his plaint, writ or
bill, then and in every such case, the party plaintiff, his heirs,
executors, or administrators, as the case may require, may commence a new
action or suit, from time to time, within a year after such judgment
reversed, or given against the plaintiff, as aforesaid, and not after. Id.
s. 2.
215. In all actions upon the cause, for slanderous words, to be sued or
prosecuted by any person or persons, in any court within this province,
after the said twenty-fifth day of April next, if the jury upon trial of the
issue in such action, or the jury that shall inquire of the damages, do find
or assess the damages under forty shillings, then the plaintiff or
plaintiffs in such action shall have and recover only so much costs as the
damages so given or assessed do amount unto without any further increase of
the same. Id. s. 4.
216. Provided nevertheless, that if any person or persons who is or shall
be entitled to any such action or trespass, detinue, trover, replevin,
actions of account, debt, actions for trespass, for assault, menace,
battery, wounding or imprisonment, actions upon the case for words, be, or,
at the time of any cause of such action given or accrued, fallen, or come,
shall be within the age of twenty-one years, feme covert, non compos mentis,
imprisoned or beyond the sea, that then such person or persons shall be at
liberty to bring the same actions, so as they take the same within such
times as are hereby before limited, after their coming to or being of full
age, discoverture, of sound memory, at large, or returning into this
province as other persons. id. s. 5.
217.-3. As to penal actions. All actions, suits, bills, indictments or
information, which shall be brought for any forfeiture upon any penal act of
assembly made or to be made, whereby the forfeiture is or shall be limited
to the commonwealth only, shall hereafter be brought within two years after
the offence was committed, and at no time afterwards, and all actions,
suits, bills, or informations which shall be brought for any forfeiture upon
any penal act of assembly made or to be made, the benefit and suit whereof
is or shall be by the said act limited to the commonwealth, and to any
person or persons that shall prosecute in that behalf, shall be brought by
any person or persons that may lawfully sue for the same, within one year
next after the offence was committed; and in default of such pursuit, then
the same shall be brought for the commonwealth, any time within one year
after that year ended; and if any action, suit, bill, indictment or
information shall be brought after the time so limited, the same shall be
void, and where a shorter time is limited by any act of assembly, the
prosecution shall be within that time. Act of March 26, 1785, s. 6.
218. Rhode Island. 1. As to lands. It is enacted that where any person or
persons, or others from whom he or they derive their titles, either by
themselves, tenants or lessees, shall have been for the space of twenty
years, in the uninterrupted, quiet, peaceable and actual seisin and
possession of any lands, tenements or hereditaments in the, state, during
the said time, claiming the same as his, her or their proper, sole and
rightful estate in fee simple, such actual seisin and possession shall be
allowed to give and make a good and rightful title to such person or
persons, their heirs and assigns, forever; saving and excepting however, the
rights and claims of persons under age, non compos mentis, feme covert, and
persons imprisoned, or beyond seas, they bringing their suits for the
recovery of such lands, &c., within the space of ten years next after the
removal of such impediment saving also, the rights and claims of any person
or persons, having any estate in reversion or remainder, expectant or
dependent on any lands, &c., after the determination of the estate for
years, life, &c.; such person or persons pursuing his or their title by due
course of law, within ten years after his or their right of action shall
accrue.
219.-2, As to personal actions. It provides that all actions upon the
case, (except actions for slander,) all actions of account, (except such as
concern trade and merchandise between merchant and merchant, their actors or
servants,) all actions of detinue, replevin and trover, all actions of debt
founded upon any contract without specialty, and all actions of debt for
arrearages of rents, must be commenced within six years next after the
accruing of the cause of said actions, and not after. That all actions of
trespass for breaking enclosures, and all other actions of trespass for any
assault, battery, wounding and imprisonment, must be commenced within four
years next after the accruing of such cause of action, and not after. And
that actions upon the case for words spoken, must be commenced within two
years next after the words spoken, and not after. If the person against whom
there is any such cause of action, at the time the same accrued, was without
the limits of the state, and did not leave property or estate therein, that
could, by common and ordinary process of law be attached, in that case, the
person who is entitled to such action, may commence the same, within the
respective periods limited in the preceding clause, after such person's
return into the state. If a person, entitled to any of the before described
actions, is at the time any such cause of action accrues, within the age of
twenty-one, feme covert, non compos mentis, imprisoned, or beyond sea, such
person may commence the same within the times respectively, limited as
above, after being of full age, discovert, of sane memory, at large, or
returned from beyond sea.
220.-South Carolina. 1. As to lands. By the act of 1712, s. 2, it is
enacted, that if any person or persons to whom any right or title to lands,
tenements or hereditaments within this province, shall hereafter descend or
come, do not prosecute the same within five years after such right or title
accrued, that then he or they, and all claiming under him or them, shall be
forever barred to recover the same.
221. By section 5, that not only the persons who have not made claim
within the time limited shall be barred, but also all persons that shall
come under such as have lost their claim.
222. And by section 2, that any person or persons beyond the seas, or out
of the limits of this province, feme covert, or imprisoned, shall be allowed
the space of seven years to prosecute their right or title, or claim to any
lands, tenements, or hereditaments in this province, after such right and
title accrued to them or any of them, and at no time after the said seven
years; and also, any person or persons that are under the age of twenty-one
years, shall be allowed to prosecute their claims at any time within two
years after they come of age, and if beyond the seas, three years." But a
subsequent act, in 1778; Pub. L. 455, s. 2; as to persons under twenty-one,
allows five years to prosecute their right to lands, after coming to twenty-
one.
223.-2. As to personal actions. By the act of 1712, s. 6, actions of
account, and upon the case, (other than case for slander, and upon such
accounts as concern the trade of merchandise between merchant and merchant,
their factors or servants;) of debt grounded upon any lending or contract
without specialty, or for arrearages of rent reserved by indenture; of
covenant; of trespass, and trespass quare clausum fregit; of detinue, and of
replevin for taking away of goods and chattels; must be commenced within
four years next after the cause of such action or suits, and not after.
Actions of trespass, of assault and battery, wounding, imprisonment, or any
of them, within one year next after the cause of action; and actions on the
case for words, within six months next after the words spoken, and not
after.
224. There are various minute provisions in the savings, in favor of
persons under age, insane, beyond seas, imprisoned, and of femes covert.
225. When the defendant is beyond seas at the time any personal action
accrues, the plaintiff may sue, after his return, within such times as is
limited for bringing such action. Act of 1712, s. 6.
226. Tennessee. 1. As to lands. The act of Nov. 16, 1819, c. 28, 2 Scott,
482, enacts in substance: Sec. 1. That any persons, their heirs or assigns,
who shall, at the passing of the act, or at any time after, have had seven
years possession of any lands, tenements, or hereditaments, which have been
granted by this state, or the state of North Carolina, holding or claiming
the same under a deed or deeds of conveyance, devise, grant, or other
assurance, purporting to convey an estate in fee simple, and no claim by
suit in law or equity effectually prosecuted shall have been set up, or made
to said land, &c., within the aforesaid time, in that case, the persons, or
their heirs or assigns, so holding possession, shall be entitled to keep and
hold in possession, such quantity of land as shall be specified and
described in his or their deed, of conveyance, devise, grant, or other
assurance, as aforesaid, in preference to and against all and all manner of
persons whatsoever; and any persons or their heirs, who shall neglect or
have neglected, for the said term of seven years, to avail themselves of any
title legal or equitable which they may have had to any lands, &c., by suit
in law or equity, effectually prosecuted against the persons in possession,
shall be for ever barred; and the persons so holding, their heirs. or
assigns, for the term aforesaid, shall have an indefeasible title in fee
simple to such lands. See 3 Am. Jur. 255.
227.-2. That no persons, or their heirs, shall maintain any action in
law or equity for any lands, &c., but within seven years next after his,
her, or their right to commence, have, or maintain such suit, shall have
come, fallen, or accrued; and that all suits in law or equity shall be
commenced and sued within seven years next after the title or cause of
action accrued or fallen, and at no time after the said seven years shall
have passed.
228. Persons who, when title first accrued, were within twenty-one years
of age, femes covert, non compos mentis, imprisoned, or beyond the limits of
the United States, or the territories thereof, may bring their action at any
time, so as such suit is commenced within three years next after his, her,
or their respective disabilities or death, and not after; and it is further
provided, that in the construction of the savings, no cumulative disability
shall prevent the bar.
229.-3. That if, in any of the said actions or suits, judgment is given
for the plaintiff and is reversed for error, or verdict pass for the
plaintiff, and upon matter alleged in arrest of judgment, the judgment be
given against the plaintiff, that he take nothing, &c.; or, if the action be
commenced by original writ, and the defendant cannot be legally attached, or
served with process, in such case the plaintiff, his heirs, executors, or
administrators, as the case is, may commence a new action, from time to
time, within a year after such judgment reversed or given against the
plaintiff, or until the defendant can be attached, or served with process,
so as to compel him, her, or them to appear and answer.
230.-4. Provided, that this act shall have no bearing on the lands
reserved for the use of schools.
231.-2. As to personal actions. Actions of account render; upon the
case; debt for arrearages of rent; detinue; replevin; and trespass quare
clausum fregit; must be brought within three years next after the cause of
such action, and not after: except such accounts as concern the trade of
merchandise, between merchant and merchant, and their factors or servants.
Actions of trespass, assault and battery, wounding, and imprisonment, or any
of them, within one year after the cause of such action, and not after: and
actions of the case for words, within six months after the words spoken, and
not after. Act of 1715, c. 27, s. 5. Persons who, at the time the cause of
action accrued, are within the age of twenty-one years, femes covert, non
compos mentis, imprisoned, or beyond seas, may bring their actions within
the time above limited, after the removal of the disability.. Id. s. 9.
232. The act of 1756, c. 4, 1 Scott, 89, contains the following
enactment: 1. Where the plaintiff founds his demand upon a book account for
goods, wares, and merchandise, sold and delivered, or work done, and solely
relies for proof of delivery of the articles upon his oath, such oath shall
not be admitted to prove the delivery of any articles in the book, of longer
standing than two years.
233.-2. And no such book of accounts, although proved by witnesses,
shall be received in evidence for goods, &c., sold, or work done, above five
years before action brought, except of persons being out of the government,
or where the account shall be settled and signed by the parties.
234.-3. Creditors of any deceased person, residing in the state, shall,
within two years, and out of the state, within three years, from the
qualification of the executors or administrators, make demand of their
respective accounts, debts, and demands, of every kind whatsoever, to such
executors, and administrators, and on failure to make the demand, and bring
suit within those times, shall be for ever barred; saving to infants, non
compotes, and femes covert, one year to sue, after the disability removed.
But if any creditor, after making demand of his debt, &c., of the executor
or administrator, shall delay his suit at their special request, then the
demand shall not be barred during the time of indulgence.
235. Vermont. 1. Criminal cases. Sect. 1. All actions, suits, bills,
complaints, informations, or indictments, for any crime or misdemeanor,
other than theft, robbery, burglary, forgery, arson, and murder, shall be
brought, had, commenced, or prosecuted within three years next after the
offence was committed, and not after.
236.-Sect. 2. All complaints and prosecutions for theft, robbery,
burglary and forgery, shall be commenced and prosecuted within six years
next after the commission of the offence, and not after.
237.-Sect. 3. If any action, suit, bill, complaint, information, or
indictment, for any crime or misdemeanor, other than arson and murder, shall
be brought, had, commenced, or prosecuted, after the time limited by the two
preceding sections, such proceedings shall be void, and of no effect.
238.-Sect. 4. All actions and suits, upon any statute, for any penalty
or forfeiture, given in whole or in part to any person who will prosecute
for the same, shall be commenced within one year after the offence was
committed, and not after.
239.-Sect. 5. If the penalty is given in whole or in part to the state,
or to any county or town, or to the treasury thereof, a suit therefor may be
commenced by or in behalf of the state, county, town or treasury, at any
time within two years after the offence was committed, and not afterwards,
240.-Sect. 6. All actions upon any statute, for any penalty or
forfeiture, given in whole or in part to the party aggrieved, shall be
commenced within four years after the offence was committed, and not after.
241.-Sect. 7. The six preceding sections shall not apply to any bill,
complaint, information, indictment or action, which is or shall be limited
by any statute, to be brought, had, commenced or prosecuted within a shorter
or longer time than is prescribed in these six sections; but such bill,
complaint, information, indictment or other suit, shall be brought and
prosecuted within the time that may be limited by such statute.
242.-Sect. 8. When any bill, complaint, information or indictment shall
be exhibited in any of the cases mentioned in this chapter, the clerk of the
court, or magistrate, to whom it shall be exhibited, shall, at the time of
exhibiting, make a minute thereon, in writing, under his official signature,
of the true day, month and year, when the same was exhibited.
243.-Sect. 9. When any action shall be commenced, in any of the cases
mentioned in this chapter, the clerk or magistrate, signing the writ, shall
enter upon it a true minute of the day, month and year, when the same was
signed.
244.-Sect. 10. Every bill, complaint, information, indictment or writ,
on which a minute of the day, month and year, shall not be made, as provided
by the two preceding sections, shall, on motion, be dismissed.
245.-Sect. 11. None of the provisions of this chapter shall apply to
suits against moneyed corporations, or against the directors or stockholders
thereon to recover any penalty or forfeiture imposed, or to enforce any
liability created by the act of incorporation or any other law; but all such
suits shall be brought within six years after the discovery, by the
aggrieved party, of the facts upon which such penalty or forfeiture
attached, or by which such liability was created.
246.-2. Real and personal actions and rights of entry. Sec. 1. No
action for the recovery of any lands, or for the recovery of the possession
thereof, shall be maintained, unless such action is commenced within fifteen
years next after the cause of action first accrued to the plaintiff, or
those under whom he claims.
247.-Sect. 2. No person having right or title of entry into houses or
lands, shall thereinto enter, but within fifteen years next after such right
of entry shall accrue.
248.-Sect. 3. The right of any person to the possession of any real
estate shall not be impaired or affected, by a descent being hereafter cast
in consequence of the death of any person in possession of such estate.
249.-Sect. 4. The first two sections of this chapter, so far as they
relate to or affect lands granted, given, sequestered or appropriated to any
public, pious or charitable use, shall take effect from and after the first
day of January, in the year of our Lord eighteen hundred and forty-two, and,
until that day, the laws now in force relating to such lands, shall continue
in operation.
250.-Sect. 5. The following actions shall be commenced within six years
next after the cause of action accrued, and not after:
First. All actions of debt founded upon any contract, obligation or
liability, not under seal, excepting such as are brought upon the judgment
or decree of some court of record of the United States, or of this or some
other state:
Second. All actions upon judgments rendered in any court not being a
court of record:
Third. All actions of debt for arrearages of rent:
Fourth. All actions of account, assumpsit or on the case, founded on
any contract or liability, express or implied:
Fifth. All actions of trespass upon land:
Sixth. All actions of replevin, and all other actions for taking,
detaining or injuring goods or chattels:
Seventh. All other actions on the case, except actions for slanderous
words, and for libels.
251. Sect. 6. All actions for assault and battery, and for false
imprisonment, shall be commenced within three years next after the cause of
action shall accrue, and not afterwards.
252.-Sect. 7. All actions for slanderous words, and for libels, shall
be commenced within two years next after the cause of action shall accrue,
and not after.
253.-Sect. 8. All actions against sheriffs, for the misconduct or
negligence of their deputies, shall be commenced within four years next
after the cause of action shall accrue, and not afterwards.
254.-Sect. 9. None of the foregoing provisions shall apply to any
action brought upon a promissory note, which is signed in the presence of an
attesting witness but the action, in such case, shall be commenced within
fourteen years next after the cause of action shall accrue thereon, and not
afterwards.
255.-Sect. 10. All actions of debt or scire facias on judgment shall be
brought within eight years, next after the rendition of such judgment, and
all actions of debt on specialties within eight years after the cause of
action accrued, and not afterwards.
256.-Sect. 11. All actions of covenant, other than the covenants of
warranty, and seisin, contained in deeds of conveyance of lands, shall be
brought within eight years next after the cause of action shall accrue, and
not after.
257.-Sect. 12. All actions of covenant, brought on any covenant of
warranty contained in any deed of conveyance of land, shall be brought
within eight years next after there shall have been a final decision against
the title of the covenantor in such deed; and all actions of covenant
brought on any covenant of seisin, contained in any such deed, shall be
brought within fifteen years next after the cause of action shall accrue,
and not after.
258.-Sect. 13. When any person shall be disabled to prosecute an action
in the courts of this state, by reason of his being an alien, subject or
citizen of any country at war with the United States, the time of the
continuance of such war shall not be deemed any part of the respective
periods herein limited for the commencement of any of the actions before
mentioned.
259.-Sect. 14. If, at the time when any cause of action of a personal
nature, mentioned in this chapter, shall accrue against any person, he shall
be out of the state, the action may be commenced, within the time herein
limited therefor, after such person shall come into the state; and if, after
any cause of action shall have accrued, and before the statute has run, the
person against whom it has accrued, shall be absent from and reside out of
the state, and shall not have, known property within this state, which
could, by the common and ordinary process of law, be attached, the time of
his absence shall not be taken as any part of the time limited for the
commencement of the action.
260.-Sect. 15. If any person, entitled to bring any of the actions,
before mentioned in this chapter, or liable to any such action, shall die
before the expiration of the time herein limited therefor, or within thirty
days after the expiration of the said time, and if the cause of action does
by law survive, the action may be commenced, by the executor or
administrator, within two years after such death, or against the
administrator or executor of the deceased person, or the same may be
presented to the commissioners on said estate, as the case may be, at any
time within two years after the grant of letters testamentary or of
administration, and not afterwards, if barred by the provisions of this
chapter; provided, however, if the commissioners on such estate are required
to make their report to the probate court before, the, expiration of said
two years, the claim against the deceased shall be presented to the
commissioners within the time allowed other creditors to present their
claims.
261.-Sect. 16. If, in any action, duly commenced within the time in
this chapter limited and allowed therefor, the writ shall fail of a
sufficient service, or return, by any unavoidable accident, or by any
default or neglect of the officer to whom it is committed, or if the writ
shall be abated, or the action otherwise defeated or avoided, by the death
of any party thereto, or for any matter of form, or if after a verdict for
the plaintiff, the judgment shall be arrested, or if a judgment for the
plaintiff shall be reversed on a writ of, error, or on exceptions, the
plaintiff may commence a new action for the same cause, at any time within
one year after the abatement or other determination of the original suit, or
after the reversal of the judgment therein; and if the cause of action does
by law survive, his executor or administrator may, in case of his death,
commence such new action within the said one year; or, if no executor or
administrator be appointed within that time, then within one year after
letters testamentary or of administration shall have been granted to him.
262.-Sec. 17. Whenever the commencement of any suit shall be stayed by
an injunction of any court of equity, the time, during which such injunction
shall be in force, shall not be deemed any portion of the time in this
chapter limited, for the commencement of suit.
263.-Sect. 18. If any person entitled to bring any action in this
chapter specified, shall, at the time when the cause of action accrues, be a
minor or a married woman, insane or imprisoned, such person. may bring the
said action, within the times in this chapter respectively limited, after
the disability shall be removed.
264.-Sect. 19. None of the provisions of this chapter shall apply to
suits brought to enforce payment on bills, notes or other evidences of debt,
issued by moneyed corporations.
265.-Sect. 20. All, the provisions of this chapter shall apply to the
case of a debt or contract, alleged by way of set-off; and the time of
limitation of such debt shall be computed in like manner as if an action had
been commenced therefor, at the time when the plaintiff's action was
commenced.
266.-Sect. 21. The limitations herein before prescribed for the
commencement of actions, shall apply to the same actions, when brought in
the name of the state, or in the name of any officer, or otherwise, for the
benefit of the state, in the same manner as to actions brought by citizens.
267.-Sect. 22. In actions of debt or upon the case founded on any
contract, no acknowledgment or promise shall be evidence of a new or
continuing contract, whereby to take any case out of the provisions of this
chapter, or to deprive any party of the benefit thereof, unless such
acknowledgment or promise be made or contained by or in some writing, signed
by the party chargeable thereby.
268.-Sect. 23. If there are two or more joint contractors, or joint
executors or administrators of any contractor, no such joint contractor,
executor or administrator shall lose the benefit of the provisions of this
chapter, so as to be chargeable by reason only of any acknowledgment or
promise, made or signed by any other or others of them.
269.-Sect. 24. In actions commenced against two or more joint
contractors, or joint executors or administrators of any contractor, if it
shall appear on the trial, or otherwise, that the plaintiff is barred by the
provisions of this chapter, as to one or more of the defendants, but is
entitled to recover against any other or others of them, by virtue of a new
acknowledgment or promise, or otherwise, judgment shall be given for the
plaintiff as to any of the defendants against whom he is entitled to
recover, and for the other defendant. or defendants against the plaintiff.
270.-Sect. 25. If, in any action on contract, the defendant shall
plead in abatement, that any other person ought to have been, jointly sued,
and issue be joined on that plea, and it shall appear on the trial, that the
action was, by reason of the provisions of this chapter, barred against the
person so named in the plea, the said issue shall be found for, the
plaintiff.
271.-Sect. 26. Nothing, contained in the four preceding sections, shall
alter, take away or lessen the effect of a payment of any principal or
interest, made by any person.
272.-Sect. 27. If there are two or more joint contractors or joint
executors or administrators of any contractor, no one of them shall lose the
benefits of the provisions of this chapter, so as to be chargeable by reason
only of any payment, made by any other or others of them.
273.-Sect. 28. None of the provisions of this chapter, respecting the
acknowledgment of a debt, or a new promise to pay it, shall apply to any
such acknowledgment or promise, made before the first day of January, in the
year of our Lord eighteen hundred and forty-two, but every such last
mentioned acknowledgment or promise, although not made in writing, shall
have the same effect as if no provisions, relating thereto, had been herein
contained.
274.-Sect. 29. The provisions of this chapter which alter or vary the
law now in force relative to the limitation of actions shall not apply to
any case where the cause of action accrues before this chapter shall take
effect, and go into operation; and in all cases, where the cause of action
accrues before this chapter takes effect, the laws now in force limiting the
time for the commencement of suits thereon, shall continue in operation.
275. Virginia. 1. As to lands. All writs of formedon in descender,
remainder, or reverter, of any lands, tenements or hereditaments, shall be
sued out within twenty years next after the title or cause of action
accrued, and not afterwards: and no person having any right or title of
entry into any lands, &c. shall make any entry but within twenty years next
after such right or title accrued. Persons entitled to such writ or right or
title of entry, who are under twenty-one years of age, femes covert, non
compos mentis, imprisoned, or not within the commonwealth, at the time such
right or title accrues, may themselves or their heirs, notwithstanding the
said twenty years have expired, bring and maintain his action, or make his
entry, within ten years next after such disabilities removed, or the death
of the person so disabled.
276. In all writs of right, and other actions possessory, any person may
maintain a writ of right upon the possession or seisin of his ancestor or
predecessor within fifty years, or any other possessory action upon the
possession or seisin of his ancestor or predecessor, within forty years; but
no person shall maintain a real action upon his own possession or seisin,
but within thirty years next before the teste of the writ.
277.-2. As to personal actions. The provisions in relation to personal
actions are as follows: 1. Upon all actions upon the case, (other than for
slander,) actions of account or assumpsit, (other than such accounts as
concern the trade of merchandise between merchant and merchant, their
factors or servants,) debt grounded upon any lending or contract without
specialty, debt for arrears of rent, trespass, detinue, trover, or replevin
for goods and chattels, and trespass quare clausum fregit, five years: 2.
Upon actions of assault, battery, wounding, or imprisonment, three years: 3.
Upon actions of slander, one year. Infants, femes covert, persons non compos
mentis, imprisoned, beyond seas, or out of the country, are allowed full
time to bring all such actions, except that of slander, after the disability
has been removed.
278. All actions or suits, founded upon any account for goods, sold and
delivered, or for articles charged in any store account, must be commenced
within one year next after the cause of action, or the delivery of the
goods, and not after; except that, in the case of the death of the creditors
or debtors, before the expiration of the said term of one year, the farther
time of one year, from the death of such creditor or debtor, shall be
allowed. In suits in the name of any person residing beyond the seas, or out
of this country, for recovery of any debt due for goods actually sold and
delivered here by his factor or factors, the saving in favor of persons
beyond the seas at the time their causes of action accrued, is not to be
allowed; but, if any factor shall happen to die before the expiration of the
time in which suit should have been brought, his principal shall be allowed
two years from his death, to bring suit for any debt due on account of any
contract or dealing with such factor. 1 Rev. Code, 489-491.