Limitation in State Law

Limitation in State Law

In the Past

Connecticut (see more about this State laws here). 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 tof this; there is a proviso in favor of disabled people, who may sue within five years after the disability has been removed. As to personal actions. 1. In actions on specialties and promissory notes, not negotiable, the limitation is seventeen years, with a saving that “people 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.” 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. In trespass on the case, six years, but no savings. Actions founded upon express contracts not reduced to writing; upon trespass; or upon the case for word; three years and no savings. Actions founded on penal statutes one year after the commission of the offence. A new suit must be commenced within one year after reversal of the former or when it was arrested. Delaware (see more about this State laws here). 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. 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, about goods;) 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, must be commenced and sued within three years next after the cause of such action or suit accrues and not after. The 2d section of the same act contains a saving, in favor of people who, at the time of the cause of action accrued, are within the age of twenty-one years; femes covert; people of insane memory or imprisoned. Such people must bring their actions within one year next after the removal of such disability as aforesaid. In the 3d section of the same act, provision is made, that no person not keeping a day book or regular book of accounts, must be admitted to prove or need 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 there must have accrued within three years next before the death of the deceased and unless the truth and justice tof this must be made to appear by one, enough witness; and if a regular book of accounts, unless such account must have accrued or arisen within three years before the death of the deceased person. In section 6th, there is a saving of the rights or demands of infants, femes covert, people of insane memory or imprisoned, so their accounts be proved and their claims prosecuted within one year after the removal of such disability. By a extra act, it is declared, that nothing contained in this act, must 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. 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, people 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. 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. No writ of error, can be brought upon any judgment, but within five years after the confessing, entering or makeing tof this, 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 disabi- lity. Constitution, article 5, s. 13. 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. Florida (see more about this State laws here). 1. As to lands. Writs of formedon in descender, stayder or reverter, must be brought within twenty years. Act of Nov. 10, 1828, sec. 1, Duval; 154. Infants, femes covert, people 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. 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, people 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 must be brought within two years. As to crimes. All offences not punishable with death, must be prosecuted within two years. Act of Feb. 10, 1882, s. 78. All actions, suits and presentments upon penal acts of the general assembly, must be prosecuted within one year. Act of Nov. 19, 1828, s. 18. Georgia (see more about this State laws here). 1. As to lands. Seven years’ adverse possession of lands is a bar, with a saving in favor of infants, femes covert, people non compos mentis, imprisoned or beyond seas. 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, people non composmentis, imprisoned and beyond seas. No other savings in favor of citizens of other states or foreigners. 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. Illinois (see more about this State laws here). 1. As to lands. No statute on this subject. 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 (see more about this popular legal topic in the U.S. encyclopedia) of goods 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 must be sued or brought, must 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. Indiana (see more about this State laws here). 1. As to lands. “No action of ejectment must be commenced for the recovery of lands or tenements against any person or people 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 people under whom he claims; and any action of ejectment commenced against the provisions of this act must be dismissed at the cost of the party commencing the same. gived, however, that this act must 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. 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, must 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, must be commenced within three years and not after.” Rev. Code, 6. 81, sec. 12, January 29, 1831. Crimes. “All criminal prosecutions for offences, the affixed penalty of which is three dollars or less, must 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, must be instituted within two years, &c.” Revised Code, c. 26, Feb. 10, 1831. Penal actions. “All actions upon any act of assembly, now or after this to be made, when the right is limited to the party aggrieved, must be commenced within two years, &c. and all actions of slander must be commenced within one year, &c., saving the right of infants, femes covert, people non compos mentis or without the jurisdiction of the United States, until one year after their several disabilities are removed.” Sec. 12. Savings. gived, that no statute of limitation must ever be pleaded as a bar or run 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. And gived further, that on all contracts made in this state, if the defendant must be without the same when the cause of action accrued, said action must not be barred until the times above limited must have expired, after the defendant must have come within the jurisdiction tof this and on all contracts made without the state, if the defendant must 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 must not be barred his right of action, until the time above limited after the said demand must have been brought within the jurisdiction of this state. Rev. Code, ch. 81, s. 12. Kentucky (see more about this State laws here). 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; people insane or imprisoned; femes covert, to whom lands have descended during the coverture, when their cause of action ac- crued. These people 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 people. 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 people 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. As to personal actions. The act of limitation runs 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. Savings in such actions of simple contracts, tort, slander and upon store accountt, in favor of infants, femes covert, people imprisoned or insane at the time such action accrued, who have the full time aforesaid after the removal of their respective disabilities to begin 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 must not be permitted to plead the act of limitations. 1 Litt. 380. There is no saving in favor of non-residents or people absent. Act of 1823, s. 3, Session Acts, p. 287. Louisiana (see more about this State laws here). The Civil Code, book 3, title 23, chapter 1, section 3, gives as follows: I. Of the prescription of one year. Art. 3499. The action of justices of the peace and notaries and people 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 give; 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 delivery of wood and other things necessary for the construction, equipment and provisioning of ships and other vessels, are prescribed by one year. 3500. In the cases mentioned in the preceding article, the prescription takes place, although there may have been a regular coutinuauce 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. 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 main-tained or restored to his possession, when he has been disturbed or evicted; that for the delivery of goods or other effects, shipped on board any kind of vessels; that for damage sustained by goods on board ships or which may have happened by ships running foul of each other, are prescribed by one year. 3502. The prescription mentioned in the preceding article, runs, with respect to the goods 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. 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, opera- tions 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. 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 makeed in the suit or from the revocation of the powers of the attorneys. 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. 3506. The prescription mentioned in the preceding article and those described above in the paragraphs, I. and II., run against minors and interdicted people, reserving, however, to them their recourse against their tutors or curators. They run also against people residing out of the state. 3507. The action of nullity or rescission of contracts, testaments or other acts; that for the cut 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. 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. 3509. The action against an promiser or architect, for defect of construction of buildings of brick or stone, is prescribed by ten years. 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 must lose all right of action to recover possession of the slave, unless the slave be a runaway or fugitive. 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. 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. 3513. Actions for the revindication of slaves are prescribed by fifeen years, in the same way as in the preceding article. 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. 3515. Good faith not being needd 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. 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. 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. 3518. A citation served on the main debtor or his acknowledgment, interrupts the prescription on the part of the surety. 3519. Prescription does not run against minors and people under interdiction, except in the cases specified above. 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. 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. Massachusetts (see more about this State laws here). By the Revised Statutes, ch. 120, it is gived as follows, to wit: The following actions must be commenced within six years next after the cause of action must accrue and not afterwards 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: Secondly, all actions upon judgments makeed in any court, not being a court of record: Thirdly, all actions for arrears of rent: Fourthly, all actions of assumpsit or upon the case, founded on any contract or liability, express or implied: Fifthly, all actions for waste and for trespass upon land: Sixthly, all actions of replevin and all other actions for taking, detaining or injuring goods or chattels: Seventhly, all other actions on the case, except actions for slanderous words and for libels. All actions for assault and battery and for false imprisonment and all actions for slanderous words and for libels, must be commenced within two years next after the cause of action must accrue and not afterwards. All actions against sheriffs, for the misconduct or negligence of their deputies, must be commenced within four years next after the cause of action must accrue and not afterwards. None of the foregoing provisions must apply to any action brought upon a promissory note, which is signed in the presence of an attesting witness, gived 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. In all actions of debt or assumpsit brought to recover the bal-ance due upon a mutual and open account current, the cause of action must be deemed to have accrued, at the time of the last item proved in such account. 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 tweuty-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 must be removed or within six years after the disability mentioned in the preceding section. All personal actions on any contract, not limited by the foregoing sections or by any other law of this commonwealth, must be brought within twenty years after the accruing of the cause of action. lll. – 8. When any person must 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 must not be deemed any part of the respective periods, here Iimited for the commencement of any of the actions before mentioned. If, at the time when any cause of action, mentioned in this chapter, must accrue against any person, he must be out of the state, the action may be commenced within the time here limited therefor, after such person must come into the state and if after any cause of action must have accrued, the person against whom it has accrued must be absent from and reside out of the state, the time of his absence must not be taken as any part of the time limited for the commencement of the action. If any person, entitled to bring any of the actions, before mentioned in this chapter or liable to any such action, must die before the expiration of the time here 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. If, in any action duly commenced within the time in this chapter limited and allowed therefor, the writ must fail of a enough 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 must be abated or the action or avoided or defeated, by the death of any party tto this or for any matter of form or if after a verdict for the plaintiff, the judgment must be arrested or if a judgment for the plaintiff must be reversed on a writ of error, the plaintiff may commnence 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 there; and if the cause of action does by law survive, his executor or administrator may, if his death, begin such new action within the said one year. If any person, who is liable to any of the actions mentioned in this chapter, must fraudulently conceal the cause of such action from the knowledge of the person entitled tto this, the action may be commenced, at any time within six years after the person who is entitled to bring the same, must discover that he has such cause of action and not afterwards. Michigan (see more about this State laws here). 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, must have been seised or possessed of the premises, except as specified below. 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 must be computed from the time when the right or title so first accrued to such ancestor, predecessor or other person. Sec. 3. The right to bring an action for the recovery of land or to make an entry thereon must be deemed first to accrue when any person is disseised, at the time of such disseisin. When any person claims as heir or devisee of one who died seised, his right must 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 must be deemed to accrue when such intermediate estate must expire or when it would have expired by its own limitation. When there is such an intermediate estate and in all other cases when the party claims by force of any stayder or reversion, his right, so far as it is affected by the limitation here prescribed, must be deemed to accrue when the intermediate or precedent estate would have expired by its own limi-tation, despite any forfeiture tof this 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. In all other cases not or gived for, the right must 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. Sec. 4. If any minister or other sole corporation must be disseised, any of his successors may enter upon the premises or bring an action for the recovery tof this at any time within five years after death, resignation or removal of the person so disseised, despite the twenty-five years after such disseisin must have expired. Sec. 5. If the person first entitled to make such entry or bring such action must 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 must 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, despite the said twenty-five years must have expired. Sec. 6. No person must 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 must have continued open and peaceable possession of the premises for the space of one year next after such entry or unless an action must be commenced upon such entry and seisin within one year after he must be ousted or dispossessed of the premises. R. S., p. 573 and 574. No actions for the recovery of an estate sold by an executor or administrator must 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 must 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 people out of the state and minors and others under any legal disability to sue at the time when the right of action must first accrue, may begin 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. As to personal actions. The following actions must be commenced within six years next after the cause of action must accrue and not afterwards, to wit: 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. 2d. All actions upon judgments makeed in any court other than those above excepted. 3rd. All actions for arrears of rent. 4th. All actions of assumpsit or upon the case founded on any contract or liability express or implied. 6th. All actions for waste. 6th. All actions of replevin and trover and all other actions for taking, detaining or injuring goods and chattels. 7th. All other actions on the case, except actions for slanderous words or for libels. 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, must be commenced within two years next after the cause of action shall, accrue and ]lot afterwards. Sec. 3. All actions against sheriffs for the misconduct or neglect of their deputies must be commenced within four years next after the cause of action must accrue and not afterwards. Sec. 4. None of the foregoing provisions must apply to any action brought, upon any bills, notes or other evidence of debt issued by any bank. Sec. 5. ln all actions of debt or assumpsit brought to recover the balance due upon mutual and open account current the cause of action must be deemed to have accrued at the time of the last item proved in such account. 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 must be removed. Sec. 7. All personal actions or any contract not limited by the foregoing sections or by an other laws of this state must be brought within twenty years after the accruing of the cause of action. Sec. 8. When any person must 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 must not be deemed any part of the respective period here limited for the commencement of an of the actions before mentioned. Sec. 9. If at the time when a cause of action mentioned in this chapter must accrue against any person, he must be out of the state, the action may be commenced within the time here limited therefor after such person must come into this state. And if, after any cause of action must have accrued, the person against whom it has accrued must be absent from and reside out of the state, the time of his absence must not be taken as any part of the time limited for the commencement of the action. Sec. 10. If any person entitled to bring any of the actions before mentioned must die before the expiration of the time here 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. Sec. 11. If in any action, duly commenced within the time limited in this chapter and allowed therefor, the writ must fail of a enough 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 must be abated or the action or avoided or defeated by the death of any party tto this or for any other matter of form or if after a verdict for the plaintiff the judgment must be arrested or if a judgment for the plaintiff must be reversed on a writ of error, the plaintiff may begin 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 there. And if the cause of action does by law survive, the executor or administrator may if his death begin such action within said one year. Sec. 12. ln 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 must discover that he has such cause of action. R. S., p. 576, 577 and 578. 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, must be commenced within one year next after the offence was committed and not afterwards. 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. 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 must not be reckoned as a part of the six years. if murder, however, there is no limitation. Rev. Stat., p. 666, sec. 15. 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 tto this 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 or, vests a complete title in the occupier. Id. sec. 90, L. 1822. real estate (or real property), 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 (or real property) 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 tof this. Ib. All people claiming real estate (or real property) escheated, either by descent or or, must appear and traverse the office of inquest within twelve years from the date tof this and if personal estate, within six years or they will be forever barred of their claim. Id. sec. 88, L. 1822. 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 (see more about this popular legal topic in the U.S. encyclopedia) or merchan-dise 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. Actions founded upon any account for goods, wares or goods, 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. 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. 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. 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. 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. As to penal actions. Penal actions are limited to twelve months from the time of incurring the fine or forfeiture. (people absconding or fleeing from justic are excepted:) How. & Hutch 49, see. 19, L. 1822. 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 wilful murder, arson, forgery, counterfeiting and larceny; as to which there is no limitation.) How. & Hutch. p. 668, ch. 49; sec. 19, L. 1822. Missouri (see more about this State laws here). 1. As to lands. That from from today no person or people any must 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 must any person or people any 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 after this to be sued, commenced or brought. Act of 1848. Infants, femes covert, people 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. 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 (see more about this popular legal topic in the U.S. encyclopedia) of goods 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, must be brought within five years after the cause of action must accrue. All actions upon accounts for goods, wares and goods sold and delivered or for any article in any store account; all actions of trespass vi et armis, assault and battery and imprisonment, must be brought within two years after the cause of action must accrue. Actions on the case for words, one year after the words spoken; and writs of error must be brought within five years after the judgment or order of complaint must be makeed and not after. Act of July 4, 1807. The plaintiff may within one year begin a new suit when a former judgment has been reversed or the plaintiff has suffered a nonsuit. 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. New Hampshire (see more about this State laws here). 1. As to lands. No action can be maintained for the recovery of lands, unless upon a seisin within twenty years, except by people 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. 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, people imprisoned or beyond sea, without the Iimits 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. New York (see more about this State laws here). 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: 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 tof this, by reason of any right or title of the said people to the same, unless, 1. Such right must have accrued within twenty years before any suit or other proceeding for the same must have been commenced; or unless, 2. The said people or those from whom they claim, must have received the rents and profits of such real estate (or real property) or some part tof this, 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 afterwards. No action for the recovery of any lands, tenements or hereditaments or for the recovery of the possession tof this, must 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. No avowry or cognizance of title of real estate (or real property) or to any rents or services, must 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 defense of which the avowry or cognizance is made. No entry upon real estate (or real property) must be deemed enough 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. All writs of scire facias upon fines, until now levied, of any manors, lands, tenements or hereditaments, must be sued out within twenty years next after the title or cause of action first descended or fallen and not after that period. If any person entitled to begin any action as above specified or to make any entry, avowry or cognizance, be at the time such title must 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 con- viction of a criminal offence for any term less than for life; or, 4. A married woman; the time during which such disability must continue must 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. if 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. The 68th section of the act “to simplify and abridge the practice, pleadings and proceedings of the courts of this state,” ( New York (see more about this State laws here) ,) 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 or gived by statute, continue in force and be applicable to actions for the recovery of real property. 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 must be applicable, according to the subject of the action and without regard to the form, must be commenced within the times as gived for in part 2, t. 2, c. 3 and 4, of the code of procedure in the following sections, namely: 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. 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 (see more about this popular legal topic in the U.S. encyclopedia) to the person or rights of another, not arising on contract and not after this 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. 72. Within three years: 1. An action against a sheriff (see law enforcement in the U.S. encyclopedia) 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 must 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. 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. 74. Within one year: 1. An action against a sheriff (see law enforcement in the U.S. encyclopedia) or other officer, for the escape of a prisoner arrested or imprisoned on civil process. 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 must be deemed to have accrued from the time of the last item in the account, on the adverse side. 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 with-in 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 afterwards, in behalf of the people of this state, by the attorney-general or the district attorney of the county where the offence was committed. 77. An action for relief, not herebefore gived for, must be commenced within ten years after the cause of action must have accrued. 78. The limitations prescribed in this title must apply to actions brought in the name of the people of this state or for their benefit, in the same way as to actions by private parties. 79. An action must not be deemed commenced, within the meaning of this title, unless it appear: 1. That the summons or other process there 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 (see law enforcement in the U.S. encyclopedia) of the county in which the defendants or one of them, usually or last resided; or, if a corporation be defendant, to the sheriff (see law enforcement in the U.S. encyclopedia) 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. 80. If, when the cause of action must accrue against a person, he be out of the state, the action may be commenced within the term here limited, after his return to the state; and if, after the cause of action must have accrued, he depart from and reside out of the state, the time of his absence must not be part of the time limited for the commencement of the action. 81. If a person entitled to bring an action, except for a penalty or forfeiture or against a sheriff (see law enforcement in the U.S. encyclopedia) 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 must not be part of the time limited for the commencement of the action. 82. If a person entitled to bring an action, die before the expiration of the time limited for the commencement tof this and the cause of action survive, his representatives may begin the action, after the expiration of that time and within one year from his death. 83. When a person must be an alien, subject or citizen of a country at war with the United States, the time of the continuance of the war must not be part of the period limited for the commencement of the action. 84. If an action must be commenced within the time prescribed therefor and a judgment there for the plaintiff be reversed, on appeal, the plain-tiff or if be die and the cause of action survive, his heirs or representatives may begin a new action within one year after the reversal. 85. When the commencement of an action must be stayed by injunction, the time of the continuance of the injunction must not be part of the time limited for the commencement of the action. 86. No person must avail himself of a disability, unless it existed when his right of action accrued. 87. When two or more disabilities must exist, the limitation must not attach until they all be removed. 88. This title must 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. 89. This title must 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. 90. Where the time for commencing an action arising on contract must have expired, the cause of action must not be deemed revived by an acknowledgment or new promise, unless the same be in writing, subscribed by the party to be charged tnow. Ohio (see more about this State laws here). 1. As to lands. Twenty-one years adverse possession of lands runs a bar, with a saving in favor of infants, femes covert, people insane, imprisoned or beyond the sea, when the right of action accrues. And if a person must have left the state and stay out of the same at the time the cause of action accrued; or must have left the state or county at any time during the period of limitation, (that is, after the right of action has accrued,) and stay 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. 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 must have accrued. 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. 3d. Actions of trespass upon property, real or personal, detinue, trover and replevin, within four years. 4th. Actions of trespass for any injury (see more about this popular legal topic in the U.S. encyclopedia) 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. 5th. Actions for forcible entry and detainer or forcible detainer only, within two years. 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. 7th. Infants, femes covert, people 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 Iimited for bringing such actions, after the disability removed. 8th. Actions, founded on contracts between people 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. 9th. In all actions on contracts express or implied, if payment of an part, main or interest, acknowledgment of an existing liability, debt or claim or any promise to pay the same, within the time here limited, the action may be commenced within the time limited after such payment, acknowledgment or promise. 10th. If judgment be arrested or reversed, the suit abate or the plaintiff become nonsuit and the time limited must have expired, the plain-tiff may bring a new action within one year after such arrest, reversal, abatement or nonsuit. 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. This act only runs upon causes of action accruing after the act took effect and all causes of action earlierly 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.Critchfield et al.; 6 Id. 96, Bigelow’s Ex’r. v. Bigelow’s Adm’r. As to penal actions. Prosecutions for any forfeitures under a penal statute, must be instituted within two years, unless or specially gived for. Pennsylvania (see more about this State laws here). 1. As to lands. From from today no person or people any, must 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 must any person or people any 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 after this to be sued, commenced or brought. Act of March 26, 1785, s. 2, 2 Smith’s Laws Pa. 299. Section 4, gives, that if any person or people having such right or title be or must 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 Unitedx States, then such person or people and the heir or heirs of such person or people, must and may, despite 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 people or the heir or heirs of such person or people, must 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 people must die within the said term of ten years, under any of the disbilities aforesaid, the heir or heirs of such person or people must have the same benefit, that such person or people 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. By the act of March 11, 1815, the provision above contained, so far as the same relates to people beyond the seas and from and without the Unitedx States, is repealed. 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 (see more about this popular legal topic in the U.S. encyclopedia) of goods between merchant and merchant, their factors or servants,) all actions of debt, grounded upon any lending or con- tract 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 must be sued or brought at any time after the five and twentieth day of April, which must be in the year of our Lord one thousand seven hundred and thirteen, must be commenced and sued within the time and limitation after this 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. 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 need, may begin 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. In all actions upon the cause, for slanderous words, to be sued or prosecuted by any person or people, 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 must inquire of the damages, do find or assess the damages under forty shillings, then the plaintiff or plaintiffs in such action must 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. gived however, that if any person or people who is or must 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, must be within the age of twenty-one years, feme covert, non compos mentis, imprisoned or beyond the sea, that then such person or people must be at liberty to bring the same actions, so as they take the same within such times as are now before limited, after their coming to or being of full age, discoverture, of sound memory, at large or returning into this province as other people. id. s. 5. As to penal actions. All actions, suits, bills, indictments or information, which must be brought for any forfeiture upon any penal act of assembly made or to be made, wnow the forfeiture is or must be limited to the commonwealth only, must after this be brought within two years after the offence was committed and at no time afterwards and all actions, suits, bills or informations which must be brought for any forfeiture upon any penal act of assembly made or to be made, the benefit and suit wof this is or must be by the said act limited to the commonwealth and to any person or people that must prosecute in that behalf, must be brought by any person or people 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 must be brought for the commonwealth, any time within one year after that year ended; and if any action, suit, bill, indictment or information must be brought after the time so Iimited, the same must be void and where a shorter time is limited by any act of assembly, the prosecution must be within that time. Act of March 26, 1785, s. 6. Rhode Island (see more about this State laws here). 1. As to lands. It is enacted that where any person or people or others from whom he or they derive their titles, either by themselves, tenants or lessees, must 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 must be allowed to give and make a good and rightful title to such person or people, their heirs and assigns, forever; saving and excepting however, the rights and claims of people under age, non compos mentis, feme covert and people 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 people, having any estate in reversion or stayder, expectant or dependent on any lands, &c., after the determination of the estate for years, life, &c.; such person or people pursuing his or their title by due course of law, within ten years after his or their right of action must accrue. As to personal actions. It gives that all actions upon the case, (except actions for slander,) all actions of account, (except such as concern trade (see more about this popular legal topic in the U.S. encyclopedia) and goods 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 there, that could, by common and ordinary process of law be attached, in that case, the person who is entitled to such action, may begin 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 begin 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. South Carolina (see more about this State laws here). 1. As to lands. By the act of 1712, s. 2, it is enacted, that if any person or people to whom any right or title to lands, tenements or hereditaments within this province, must after this 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, must be forever barred to recover the same. By section 5, that not only the people who have not made claim within the time limited must be barred, but also all people that must come under such as have lost their claim. And by section 2, that any person or people beyond the seas or out of the limits of this province, feme covert or imprisoned, must 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 people that are under the age of twenty-one years, must 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 people under twenty-one, allows five years to prosecute their right to lands, after coming to twenty-one. 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 (see more about this popular legal topic in the U.S. encyclopedia) of goods 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. There are various minute provisions in the savings, in favor of people under age, insane, beyond seas, imprisoned and of femes covert. 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. Tennessee (see more about this State laws here). 1. As to lands. The act of Nov. 16, 1819, c. 28, 2 Scott, 482, enacts in substance: l. That any people, 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 (see more about this State laws here) , 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 must have been set up or made to said land, &c., within the aforesaid time, in that case, the people or their heirs or assigns, so holding possession, must be entitled to keep and hold in possession, such quantity of land as must 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 way of people any; and any people or their heirs, who must 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 people in possession, must be for ever barred; and the people so holding, their heirs. or assigns, for the term aforesaid, must have an indefeasible title in fee simple to such lands. See 3 Am. Jur. 255. That no people or their heirs, must 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, must have come, fallen or accrued; and that all suits in law or equity must 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 must have passed. people 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 tof this, 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 gived, that in the construction of the savings, no cumulative disability must prevent the bar. 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 plain-tiff 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 begin 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. gived, that this act must have no bearing on the lands reserved for the use of schools. As to personal actions. Actions of account make; 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 (see more about this popular legal topic in the U.S. encyclopedia) of mer- chandise, 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. people 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. 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 goods, sold and delivered or work done and only relies for proof of delivery of the articles upon his oath, such oath must not be admitted to prove the delivery of any articles in the book, of longer standing than two years. And no such book of accounts, although proved by witnesses, must be received in evidence for goods, &c., sold or work done, above five years before action brought, except of people being out of the government or where the account must be settled and signed by the parties. Creditors of any deceased person, residing in the state, shall, within two years and out of the state, within three years, from the qualifi-cation of the executors or administrators, make demand of their respective accounts, debts and demands, of every kind any, to such executors and administrators and on failure to make the demand and bring suit within those times, must 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, must delay his suit at their special ask, then the demand must not be barred during the time of indulgence. Virginia (see more about this State laws here). 1. As to lands. All writs of formedon in descender, stayder or reverter, of any lands, tenements or hereditaments, must 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. must make any entry but within twenty years next after such right or title accrued. people 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, despite 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. 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 must maintain a real action upon his own possession or seisin, but within thirty years next before the teste of the writ. As to personal actions. The provisions about 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 (see more about this popular legal topic in the U.S. encyclopedia) of goods 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, people 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. 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, must be allowed. In suits in the name of any person residing beyond the seas or out of the United States, for recovery of any debt due for goods actually sold and delivered here by his factor or factors, the saving in favor of people beyond the seas at the time their causes of action accrued, is not to be allowed; but, if any factor must happen to die before the expiration of the time in which suit should have been brought, his main must 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. [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.

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