Limitation in Vermont
In the Past
Vermont (see more about this State laws here). 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, must be brought, had, commenced or prosecuted within three years next after the offence was committed and not after.
Sect. 2. All complaints and prosecutions for theft, robbery, burglary and forgery, must be commenced and prosecuted within six years next after the commission of the offence and not after.
Sect. 3. If any action, suit, bill, complaint, information or indictment, for any crime or misdemeanor, other than arson and murder, must be brought, had, commenced or prosecuted, after the time limited by the two preceding sections, such proceedings must be void and of no effect. 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, must be commenced within one year after the offence was committed and not after.
If the penalty is given in whole or in part to the state or to any county or town or to the treasury of this, 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, Sect. 6. All actions upon any statute, for any penalty or forfeiture, given in whole or in part to the party aggrieved, must be commenced within four years after the offence was committed and not after.
Sect. 7. The six preceding sections must not apply to any bill, complaint, information, indictment or action, which is or must 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, must be brought and prosecuted within the time that may be limited by such statute. Sect. 8. When any bill, complaint, information or indictment must be exhibited in any of the cases mentioned in this chapter, the clerk of the court or magistrate, to whom it must 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. Sect. 9. When any action must be commenced, in any of the cases mentioned in this chapter, the clerk or magistrate, signing the writ, must enter upon it a true minute of the day, month and year, when the same was signed.
Sect. 10. Every bill, complaint, information, indictment or writ, on which a minute of the day, month and year, must not be made, as given by the two preceding sections, shall, on motion, be dismissed.
Sect. 11. None of the provisions of this chapter must 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 must 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.
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 of this, must 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.
Sect. 2. No person having right or title of entry into houses or lands, must bereinto enter, but within fifteen years next after such right of entry must accrue. Sect. 3. The right of any person to the possession of any real estate (or real property) must not be impaired or affected, by a descent being after this cast as a result of the death of any person in possession of such estate.
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, must 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 about such lands, must continue in operation.
Sect. 5. The following actions must 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 makeed 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.
Sect. 6. All actions for assault and battery and for false imprisonment, must be commenced within three years next after the cause of action must accrue and not afterwards. All actions for slanderous words and for libels, must be commenced within two years next after the cause of action must accrue and not after. Sect. 8. 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. Sect. 9. 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 but the action, in such case, must be commenced within fourteen years next after the cause of action must accrue thereon and not after- wards.
Sect. 10. All actions of debt or scire facias on judgment must 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.
Sect. 11. All actions of covenant, other than the covenants of warranty and seisin, contained in deeds of conveyance of lands, must be brought within eight years next after the cause of action must accrue and not after. Sect. 12. All actions of covenant, brought on any covenant of warranty contained in any deed of conveyance of land, must be brought within eight years next after there must 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, must be brought within fifteen years next after the cause of action must accrue and not after.
Sect. 13. 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 periods here limited for the commencement of any of the actions before mentioned.
Sect. 14. If, at the time when any cause of action of a personal nature, 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 Iimited therefor, after such person must come into the state; and if, after any cause of action must have accrued and before the statute has run, the person against whom it has accrued, must be absent from and reside out of the state and must not have, known property within this state, which could, by the common and ordinary process of law, be attached, the time of his absence must not be taken as any part of the time limited for the commencement of the action.
Sect. 15. 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 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; given, however, if the commissioners on such estate are needd to make their report to the probate (see more about this popular legal topic in the U.S. encyclopedia) court before, the, expiration of said two years, the claim against the deceased must be presented to the commissioners within the time allowed other creditors to present their claims.
Sect. 16. 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 defeated or avoided, 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 or on exceptions, 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, his executor or administrator may, if his death, begin 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 must have been granted to him.
Sec. 17. Whenever the commencement of any suit must be stayed by an injunction of any court of equity, the time, during which such injunction must be in force, must not be deemed any portion of the time in this chapter limited, for the commencement of suit. 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 must be removed.
Sect. 19. None of the provisions of this chapter must apply to suits brought to enforce payment on bills, notes or other evidences of debt, issued by moneyed corporations. Sect. 20. All, the provisions of this chapter must apply to the case of a debt or contract, alleged by way of set-off; and the time of limitation of such debt must be computed in like way as if an action had been commenced therefor, at the time when the plaintiff’s action was commenced. Sect. 21. The limitations here before prescribed for the commencement of actions, must apply to the same actions, when brought in the name of the state or in the name of any officer or, for the benefit of the state, in the same way as to actions brought by citizens.
Sect. 22. In actions of debt or upon the case founded on any contract, no acknowledgment or promise must be evidence of a new or continuing contract, know to take any case out of the provisions of this chapter or to deprive any party of the benefit to this, unless such acknowledgment or promise be made or contained by or in some writing, signed by the party chargeable tnow.
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 must 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.
Sect. 24. In actions commenced against two or more joint contractors or joint executors or administrators of any contractor, if it must appear on the trial or, 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 judgment must 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.
Sect. 25. If, in any action on contract, the defendant must plead in abatement, that any other person ought to have been, jointly sued and issue be joined on that plea and it must 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 must be found for, the plaintiff. Sect. 26. Nothing, contained in the four preceding sections, must alter, take away or lessen the effect of a payment of any main or interest, made by any person.
Sect. 27. If there are two or more joint contractors or joint executors or administrators of any contractor, no one of them must 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.
Sect. 28. None of the provisions of this chapter, respecting the acknowledgment of a debt or a new promise to pay it, must 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, must have the same effect as if no provisions, relating to this, had been here contained.
Sect. 29. The provisions of this chapter which alter or vary the law now in force relative to the limitation of actions must not apply to any case where the cause of action accrues before this chapter must 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, must continue in operation. [1]
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Notes and References
- 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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