SECT. 7. Any person entitled to commence any action for the recovery of the title or possession of any lands, tenements, or hereditaments, who may be under any legal disability when the cause of action accrues, may bring such action within ten years after the disability is removed, and at no time thereafter. SECT. 8. An action for the forcible entry and detainer, or forcible detainer only, of real property, can only be brought within one year after the cause of such action shall have accrued. SECT. 9. Civil actions, other than for the recovery of real property, can only be brought within the following periods after the cause of action shall have accrued : SECT. 10. Within four years, an action upon a specialty, or upon any agreement, contract, or pension, in writing, or foreign judgment. SECT. 11. Within four years, an action upon a contract not in writing, expressed and implied; an action upon a liability enacted by statute, other than a forfeiture or penalty. SECT. 12. Within four years, an action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud: but the cause of action in such cases shall not be deemed to have accrued until the discovery of the fraud. SECT. 13. Within one year, an action for libel, slander, assault and battery, malicious prosecution, or false imprisonment; an action upon a statute for a penalty or forfeiture, but where the statute giving such action prescribes a different limitation, the action may be brought within the period so limited. SECT. 14. An action upon the official bond or undertaking of an executor, administrator, guardian, sheriff, or any other officer, or upon the bond or undertaking given in attachment, injunction, or in any case whatever required by statute, can only be brought within ten years. SECT. 15. Actions brought for damages growing out of the failure or want of consideration of contracts, express or implied, or for the recovery of money paid upon contracts, express or implied, the consideration of which has wholly or in part failed, shall be brought within four years. SECT. 16. An action for relief not hereinbefore provided for can only be brought within four years after the cause of action shall have accrued. SECT. 17. If a person entitled to bring any action mentioned in this title, except for a penalty or forfeiture, be at the time the cause of action accrued within the age of twenty-one years, a married woman, insane, or imprisoned, every such person shall be entitled to bring such action within the respective times limited by this title after such disability shall be re moved. The absence from the State, death, or other disability of a nonresident, save the cases mentioned in this section, shall not operate to extend the period within which actions in rem shall be commenced by and against such non-resident, or his representatives. SECT. 18. All actions, or causes of action, which are or have been barred by the laws of this State, or any State or Territory of the United States, shall be deemed barred by the laws of this State. SECT. 19. An action shall be deemed commenced, within the meaning of this title, as to the defendant, at the date of the summons which is served on him; when served by publication in papers, the action shall be deemed commenced at the date of the fourth publication, which publication shall be regularly made. SECT. 20. If, when a cause of action accrues against a person, he be out of the State, or shall have absconded or concealed himself, the period limited for the commencement of the action shall not begin to run until he come into the State, or while he is absconded or concealed; and if, after the cause of action accrues, he depart from the State, or abscond or conceal himself, the time of his absence or concealment shall not be computed as any part of the period within which the action must be brought. SECT. 21. When a cause of action has been fully barred by the laws of any State or country where the defendant has previously resided, such bar shall be the same defence in this State as though it had arisen under the provisions of this title. SECT. 22. If any cause founded on contract, where any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt, or claim, or any promise to pay the same, shall have been made in writing, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment, or promise. 690 INDEX. [The figures refer to sections.] ACCOUNT. See MERCHANTS' ACCOUNTS MUTUAL ACCOUNTS. action of, and the limitation of it, 69. exception of "merchants' accounts" confined to the action of account, 153. ACTIONS. See REAL ACTIONS. EDGMENTS. what actions ex contractu are within the statute, 68-78. (And see ACCOUNT-ASSUMPSIT-COVENANT DEBT-TRESPASS-TROVER.) as to the postponement of a right of action on a contract, 121, 122. ADMIRALTY, courts of, how governed by the statute of limitations, 31-33. statute of James not pleadable in, 31. suits in, how limited by statute of 4 Anne (c. 16), 31. statute of Anne not applicable in this country, 32. no statute limiting suits in, in this country, 32. State laws not binding in, 32. but courts of, do not entertain suits on stale demands, and, like courts of ADVERSE POSSESSION, considered, 380-418. as affecting boundaries, see BOUNDARIES. the foundation upon which real and possessory actions are supported, 380. of much importance in this country, 380. is evidence of a fee, independently of statute, 1–5. the rule, how construed, in controversies between States, 380. private individuals in all cases barred by, under the statute of limitations, where neither party has title, the prior possession prevails, 381. an entry, by the party who has the written title, may be dispossessed by may be set up to show the nullity of a conveyance by a person out of pos- the effect of adverse possession the same in equity, 382, 390. caution requisite in purchasers of land held adversely, 383. ADVERSE POSSESSION, - continued. and possession may be permissive, 384. possession, to be adverse, must denote disseisin. See DISSEISIN. definition offered, 390. proof of intent to claim against the true owner requisite, 390. questions of, questions of law and fact, 390. the jury are to find as to the quo animo, 390. intent to hold adversely, and corporeal occupation, both requisite, 391. occupation must be visible and notorious, and within defined boundaries, continued residence not necessary, 392. eaves-droppings on land of adjoining proprietor constitutes, 393. as to acts showing an intent to claim new lands remote from settlements, by entry without color of title, limited to the actual occupancy, 394. as possession is presumed to follow the ownership, 394. possession must be strictly possessio pedis, 391, 395. must be by substantial enclosure, 395. what not a sufficient enclosure, 395. cattle-ranging not sufficient possession, 396. as to clearing and cultivating, 396. occasional acts of dominion, 396. payment of taxes alone, 397. payment of taxes in connection with other acts, 397. must be such acts as would give notice to the owner, and from which the possession must continue the same in point of locality, 399. difference between possession taken by an intruder, and by one under possession of intruder limited by actual occupation, while that of one under the doctrine that possession of part, under color of title, is coextensive as to what is color of title, and fraudulent grants, 404–406. of parol gifts, as constituting color of title, 407. no color of title without some description of the land, 408. color of title only, and without possession, not a disseisin, 409. where there is a possession, at the same time, of more persons than one, grant under a foreign government does not afford color of title, 411. effect of possession when taken successively by different persons, 413, 414. rights of persons in remainder and reversion, as affected by adverse pos- under the statute of 3 & 4 Will. IV. (c. 27), 417. also under the Revised Statutes of New York, 416. ADVERSE POSSESSION, - continued. deeds, how inoperative against persons holding adversely, 418. (See COTENANCY - LANDLORD AND TENANT-MORTGAGOR AND MORTGAGEE - AGENCY AND FACTORAGE, whether action lies by principal against an agent or factor for not account- how the statute is construed to apply in such cases, 179–182. demand necessary where one copartner is made agent to collect debts after the relation a fiduciary one, and the agent a trustee, 179, 182. AGENT, (And see TRUST.) of acknowledgments and new promises by and to, 261, 262, 269. action of, see PLEADING. when it came into use, 19. how it originated, 70. action of, within the statute, though not mentioned, 70, 193. to what cases extended, 71-73. (And see COVENANT.) to torts quasi ex contractu, 72, 136-142. may not be barred when action for tort on same demand may be, 72. the general rule in declarations in, 79. the gist of, for violation of special contract, 137. exception concerning merchants' accounts does not apply to, 153, 154. "BEYOND SEAS." See DISABILITIES. BONDS. See SPECIALTIES. proof of two breaches, in an action upon, statute runs from time of first BOUNDARIES, extent of adverse possession of land, as determined by a river, 392. rights of adjoining proprietors, as affected by adverse possession, 384, 393. other cases of disputed boundaries, 400, 401, 415. CASE, action of, see TORTS. for criminal conversation, 309. whether that, or action of trespass, be most proper, 309. CO-CONTRACTORS, acknowledgment of debt by one of several, 248-260. is binding on all, and on what ground, 248. whether the contract be joint or several, 249. |