Limitation in the United States

Limitation in the Federal Budget Process

Meaning of Limitation in the congressional and executive budget processes (GAO source): A restriction on the amount, purpose, or period of availability of budget authority. While limitations are most often established through appropriations acts, they may also be established through authorization legislation. Limitations may be placed on the availability of funds for program levels, administrative expenses, direct loan obligations, loan guarantee commitments, or other purposes. (See also Administrative Division or Subdivision of Funds; Apportionment; Appropriation Act; Appropriation Rider; Authorizing Legislation; Duration under Budget Authority.)

In the Past

Remedies

Note: for more information on remedies, see the corresponding entry in this U.S. encyclopedia. A bar to the alleged right of a plaintiff to recover in an action, caused by the lapse of a certain time appointed by law; or it is the end of the time appointed by law, during which a party may sue for and recover a right. It is a maxim of the common law, that a right never dies and, as far as contracts (see more about this popular legal topic in the U.S. encyclopedia) were concerned, there was no time of limitation to actions on such contracts. There is further information on this topic in this legal reference. The only limit there was to the recovery in cases of torts was the death of one of the parties; for it was a maxim actio personalis moritur cum persona. This unrestrained power of commencing actions at any period, however remote from the original cause of action, was found to encourage fraud aud injustice; to prevent which, to assure the titles to land, to quiet the possession of the owner and to prevent litigation, statutes of limitation were passed. This was effected by the statutes of 32 Hen. VIII. c. 2 and 21 Jac, I. c. 16. These statutes were adopted and practiced upon in the United States of America, in several of the states, though they are now in many of the states in most respects superseded by the enactments of other acts of limitation.

Developments

Before proceeding to notice the enactments on this subject in the several states, it is proper to call the attention of the reader to the rights of the government (see more about this popular legal topic in the U.S. encyclopedia) to sue untrammeled by any statue of limitations, unless expressly restricted or by necessary implication included. It has therefore, been decided that the general words of a statute ought not to include the government (see more about this popular legal topic in the U.S. encyclopedia) or affect its rights, unless the construction be clear and indisputable upon the text of the act; 2 Mason’s R. 314; for no laches can be imputed to the government. 4 Mass. R. 528; 2 Overt. R. 352; 1 Const. Rep. 125; 4 Henn. & M. 53; 3 Sergeant & Rawle’s Pennsylvania Reports (Reports of Cases adjudged in the Supreme Court (see decisions, judges, etc) of Pennsylvania, by Thomas Sergeant and William Rawle), 291; 1 Bay’s R. 26. The acts of limitation passed by the several states are not binding upon the government (see more about this popular legal topic in the U.S. encyclopedia) of the United States of America, in a suit in the courts of the United States of America. 2 Mason’s R. 311.

Details

For the following abstract of the laws of the United States of America and of the several states, regulating the limitations of actions, the author has been much assisted by the appendix of Mr. Angell’s excellent treatise on the Limitation of Actions.

Other Aspects

United States of America. 1. On contracts. All suits on marshals’ bonds must be commenced and prosecuted within six years after the right of action must have accrued and not after; saving the rights of infants, femes covert and people non compos mentis, so that they may sue within three years after disability removed. Act of April 10, 1806, s. 1.

More Information

On legal proceedings. Writs of error must be brought within five years after judgment or decree complained of; saving in cases of disability the right to bring them five years after its removal. Act of September 24, 1789, s. 22. And the like limitation is applied to bills of review. 10 Wheat. 146.

Other Issues

Penalties. Prosecutions under the revenue laws, must be commenced within three years. Act of March 2, 1799, Act of March 1, 1823. Suits for penalties respecting copyrights, within two years. Act of April 29, 1802, s. 3. Suits in violation of the provisions of the act of 1818, respecting the slave trade (see more about this popular legal topic in the U.S. encyclopedia), must be commenced within five years. Act of April 20, 1818, s. 9.

More

Crimes. Offences punishable by a court martial must be proceeded against within two years unless the person by reason of having absented himself or some other manifest impediment, has not been amallow to justice within that period. The act of April 30, 1790, s. 31, limits the prosecution and trial of treason or other capital offence, wilful murder or forgery excepted, to three years next after their commission; and for offences not capital to two years, unless the party has fled from justice. 2 Cranch’s Reports (U. S. Supreme Court) 336. [1]

Resources

Notes and References

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

See Also

• Federal Appropriations
• Entries about the United States Budget Process in the Encyclopedia (including Limitation)
• Public Debt

Further Reading

• Legislatures and the budget process: the myth of fiscal control(J Wehner, 2010)
• Reconcilable Differences?: Congress, the Budget Process, and the Deficit (JB Gilmour, 1990)
• Fiscal institutions and fiscal performance(JM Poterba, J von Hagen, 2008)