Limitation in Maine

Limitation in Maine

In the Past

Maine (see more about this State laws here). 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 (see more about this State laws here) , eh. 62, 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, 1. And writs of right and of formedon are abolished after that time. Rev. Stat. ch. 145, 1.

As to personal actions. When founded on simple contract, they are limited after six years; Rev. Stat. T. 10, ch. 146, 1; on specialties, twenty years. Id. 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. 1.

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, 15; when prosecuted by the state, two years. Id. 16.

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. Maryland (see more about this State laws here). 1. As to lands. The statute of 21 Jac. I. c. 16, is in force in this state.

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 (see more about this popular legal topic in the U.S. encyclopedia) of goods 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 any, (except such as must be taken in the name or for the use of our sovereign the king, &c.) must be “good and pleadable or admitted in evidence” against any person of this [province] state, after the main debtor and creditor have both been dead twelve years or the debt or thing in action above twelve years standing.

people 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, gived it be commenced without delay after letters testamentary have been granted. 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 people liable tto this, within the time or times limited by the acts of limitation in such actions. [1]

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Notes and References

  1. Partialy, this information about limitation is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including limitation.

See Also

Limitation in Maine: Open and Free Legal Research of US Law

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