been commenced therefor, at the time when the plaintiff's action was commenced.

SECT. 34. All actions and suits for any penalty or forfeiture on any penal statute brought by the territory, or any person to whom the penalty or forfeiture is given, in whole or in part, shall be commenced within two years next after the offence is committed, and not afterwards.

SECT. 35. The two preceding sections shall not apply to any suit which is or shall be limited by any statute to be brought within a shorter time than is prescribed therein, but such suit shall be brought within the time that may be limited by such statute.

SECT. 36. Every judgment and decree in any court of record of the United States, or of any State or Territory of the United States, shall be presumed to be paid and satisfied at the expiration of twenty years after the judgment or decree was rendered.

SECT. 37. Whenever there is a concurrent jurisdiction in the courts of common law, and in courts of equity of any cause of action, the provisions of this act, limiting a time for the commencement of a suit for such cause of action in a court of common law, shall apply to all suits hereafter to be brought for the same cause in the court of chancery.

SECT. 38. The last section shall not extend to suits over the subject-matter of which a court of equity has peculiar and exclusive jurisdiction, and which subject-matter is not cognizable in the courts of common law.

[* cxl]

*SECT. 39. Bills for relief, on the ground of fraud, shall be filed within six years after the discovery, by the aggrieved party, of the facts constituting such fraud, and not after that time.

SECT. 40. Bills for relief, in case of the existence of a trust, not cognizable by the courts of common law, and in all other cases, not herein provided for, shall be fined within ten years after the cause thereof shall accrue, and not after.

SECT. 41. If the person, entitled to file any bill, specified in the two last sections, be, at the time of discovering the facts constituting such fraud, or at the time the cause for filing such bill shall accrue, under any of the disabilities enumerated in this act, the time during which such disabilities shall continue, shall be excepted from the limitations contained in the two last sections, in the same manner and with the like effect, as such time as herein excepted from the limitation prescribed for commencing actions at law; and in case of the death of the person so entitled, during such disability, or before the expiration of the time herein limited for filing such bills, the same may be filed by the heirs or representatives of such person, as the case may require, within the same time as allowed in this act, for commencing actions at law, in the like cases.

MISSOURI.

Real Property. (Revised Statutes, 1835.)

SECTION 1. No action for the recovery of any lands, tenements, or hereditaments, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.

SECT. 2. No entry upon any lands, tenements, or hereditaments, shall be deemed sufficient or valid as a claim, unless an action be commenced thereupon within one year after the making of such entry, and within twenty years from the time when the right to make such entry descended or accrued.

SECT. 3. The right of any person to the possession of any lands, tenements, or hereditaments, shall not be impaired or affected by a descent cast in consequence of the death of any person in possession of such estate.

SECT. 4. If any person entitled to commence any action in this article specified, or to make any entry, be, at the time such title shall first descend or accrue, either

First. Within the age of twenty-one years; or, *Second. Insane; or,

Third. Imprisoned on any criminal charge, or in execution upon some conviction of a criminal offence, for any term less than life; or,

Fourth. A married woman,

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The time during which such disability shall continue shall not be deemed any portion of the time in this article limited for the commencement of such suit, or the making such entry, but such person may bring such action, or make such entry, after the time so limited, and within ten years after such disability is removed, but not after that period.

SECT. 5. If any person entitled to commence such action, or to make such entry, die during the continuance of any disability specified in the preceding section, and no determination or judgment be had of the title, right, or action to him accrued, his heirs may commence such action, or make such entry, at the time in this article limited for that purpose, and within ten years after his death, but not after that period.

Personal Actions.

SECTION 1. The following actions shall be commenced within ten years after the cause of such action accrued, and not after:

First. All actions of debt founded on any writing, whether sealed or unsealed.

Second. All actions of assumpsit, founded on any writing for the direct payment of money.

SECT. 2. The following actions shall be commenced within five years after the cause of such action accrued, and not after.

First. All actions of debt founded upon any contract or liability, and not in L*

this act otherwise specially limited, nor brought upon any judgment or decree of any court.

Second. All actions for the recovery of any penalty or forfeiture given by any statute of this State.

Third. All actions of trespass upon real or personal property.

Fourth. All actions of account, detinue, assumpsit, trover, or trespass on the case, not in this act otherwise limited.

SECT. 3. The following actions shall be commenced within two years after the cause of such action accrued, and not after:

First. All actions on open accounts for goods, wares, and merchandise, sold and delivered.

Second. All actions for any article in a store account.

Third. All actions for assault and battery.

Fourth. All actions for false imprisonment.

SECT. 4. The following actions shall be commenced within one year after the cause of such action accrued, and not after.

First. All actions of replevin.

[*cxlii] * Second.

SECT. 5.

All actions for slanderous words spoken.

If any person entitled to bring an action in this article specified at the time the cause of action accrued, by either

First. Within the age of twenty-one; or,

Second. Insane; or,

Third. Imprisoned on a criminal charge, or in execution, under a sentence of a criminal court, for a term less than for his natural life; or,

Fourth. A married woman,

Such persons shall be at liberty to bring such actions within the respective times in this article limited, after such disability is removed.

SECT. 6. If any person entitled to bring any action in this article specified, die before the expiration of the time herein limited for the commencement of such suit, if such cause of action shall survive to his representatives, his executor or administrator may, after the expiration of such time, and within one year after such death, commence such action, but not after that period.

SECT. 7. If at the time when any cause of action specified in this article accrues against any person, he be out of this State, such action may be commenced within the times herein respectively limited, after the return of such person into the State; and if, after such cause of action shall have accrued, such person depart from and reside out of this State, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.

General Provisions.

SECTION 1. Whenever any person shall be disabled to prosecute in the courts of this State, by reason of his being an alien subject, or citizen of any country at war with the United States, the time of the continuance of such war shall not be deemed any part of the respective periods limited in the preceding articles of this act for the making of an entry, or the commencement of any action.

SECT. 2. The preceding section shall not apply to actions for any penalty or forfeiture given by any statute of this State.

SECT. 3. If any action shall have been commenced within the times respectively prescribed in the preceding articles of this act, and the plaintiff therein suffer a nonsuit, or, after a verdict for him, the judgment be arrested, or after a judgment for him, the same be reversed on appeal or error, such plaintiff may commence a new action, from time to time, within one year after such nonsuit suffered, or such judgment arrested or reversed; and if the cause of action survive or descend to his heirs, or survive to his executors or administrators, they may, in like manner, commence a new action within the time herein allowed to such plaintiff.

SECT. 4. If any action shall have been commenced within the times respectively prescribed in the preceding articles of this act, [*cxliii] and the defendant in such suit die before judgment, and if the right of action be such as survives against the representatives of the defendant, the plaintiff may commence a new action against the heirs, executors, or administrators of such defendant, as the case may require, within one year after such death, or if no executors or administrators be appointed within that time, then within one year after letters testamentary or of administration shall have been granted to them.

SECT. 5. When an action commenced within the time prescribed by law, shall abate, by reason of the death of the plaintiff, if the right of action survive to his representatives, his executor or administrator may, within one year after such death, commence a new action, if the cause of such action would otherwise survive; and if any action so commenced by an executor or administrator abate by the death of the plaintiff, a new action may be commenced by the administrator of the same estate at any time within one year after such ⚫abatement.

SECT. 6. Whenever the commencement of any suit shall be stayed by an injunction of any court of equity, the time during which such injunction shall be in force shall not be deemed any portion of the time in this act limited for the commencement of such suit.

SECT. 7. No person shall avail himself of any disability enumerated in this act, unless such disability existed at the time his right of action or of entry accrued.

SECT. 8. If any person, by absconding, or concealing himself, or by any other improper act of his own, prevent the commencement of any action in this act specified, such action may be commenced within the times herein respectively limited after the time the commencement of such action shall have ceased to be so prevented.

SECT. 9. When there are two or more disabilities existing at the time the right of action or entry accrued, the limitation herein prescribed shall not attach, until all such disabilities be removed.

SECT. 10. The provisions of this act shall not extend to any section which is or shall be otherwise limited by any statute, but such action shall be brought within the time limited by such statute.

SECT. 11. The provisions of this act shall not apply to any actions com

menced, nor to any cases where the right of action or of entry shall have accrued, before the time when this act takes effect, but the same shall remain subject to the laws now in force.

Presumption of Payment.

SECTION 1. Every judgment and decree of any court hereafter rendered or made, shall be presumed to be paid and satisfied after the expiration of twenty years from the time of giving such judgment or decree; and every

judgment and decree rendered or made at the time this act shall [*cxliv] * take effect, shall be presumed to be paid and satisfied after the

expiration of twenty years from the time this act shall take effect; but in any suit at law or equity, in which the party against whom such judgment or decree was rendered, or his heirs or personal representatives shall be a party, such presumption may be repelled by proof of payment, or of written acknowledgment of indebtedness, made within twenty years, of some part of the amount recovered by such judgment or decree. In all other cases it shall be conclusive.

SECT. 2. Every sealed instrument of writing, for the payment of money hereafter made, shall be presumed to be paid and satisfied after the expiration of twenty years from the time such action shall accrue; and every sealed instrument of writing, for the payment of money heretofore made, shall be presumed to be paid and satisfied after the expiration of twenty years from the time this act shall take effect and such right of action shall accrue, but such presumption may be repelled by proof of payment of some part, or by proof of a written acknowledgment of such right of action within that period.

ARKANSAS.

Revised Statutes of the State of Arkansas, 1838. Ch. 91.

SECTION 1. No action for the recovery of any lands or tenements, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within ten years before the commencement of such suit.

SECT. 2. No entry upon lands or tenements shall be deemed sufficient or valid as a claim, unless an action be commenced thereon within one year after such entry, and within ten years from the time when the right to make such entry descended or accrued.

SECT. 3. The right of any person to the possession of any lands or tenements, shall not be impaired or affected by a descent cast in consequence of the death of any person in possession of such estate.

SECT. 4. If any person entitled to commence any action in the preceding sections specified, or to make an entry, be, at the time such title shall first de