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*SECT. 4. That in all actions founded on contract, either express or implied, made between persons resident without this State at the time such contract was made, and which are, or hereafter may be, barred by the laws of the State, country, or territory where such contract was made, shall be and continue barred, when brought in any court of this State.

SECT. 5. That in all actions founded on contract, either express or implied, when 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, within the time herein limited, such action may be commenced within the time hereinbefore limited, after such payment, acknowledgment, or promise.

SECT. 6. That if in any action commenced within the time limited by this act, judgment shall be arrested or reversed, or the suit abate, or the plaintiff become nonsuited, and the time limited as aforesaid shall have expired, the plaintiff may commence a new action within one year after such arrest or reversal of judgment, nonsuit, or abatement of action as aforesaid, and not after.

SECT. 7. That when any person shall have left the State, and remained out of the same, or shall reside out of the State, at the time any cause of action shall have accrued against him; or shall have removed to any place unknown to the person in whose favor such cause of action may exist, during such time as is limited by this act, the person who may have such cause of action shall have a right to commence his or her action against such person, within such time as is limited as aforesaid, after his or her return or removal to the State: or, if within the State, then within such time, after his or her place of residence shall become known.

Estates of Testators and Intestates.

Ch. 47, Sect. 90, enacts: If a claim against the estate of any deceased person be exhibited to the executor or administrator, before the estate is represented insolvent, and be disputed or rejected by him, and the same shall not have been referred, the claimant shall, within six months after such dispute or rejection, if the debt, or any part thereof, be then due, or within six months after some part thereof shall have become due, commence a suit for the recovery thereof, or be forever barred from maintaining any action thereon; and no action shall be maintained thereon after the said period, by any other person deriving title thereto from such claimant; and any executor or administrator may, on the trial of any action founded upon such demand, give in evidence, in bar thereof, under a notice annexed to the general issue, the facts of such refusal and neglect to commence a suit. A claim shall be deemed disputed or rejected, if the executor or administrator shall, on presentation of the vouchers thereof, re

fuse on demand made for that purpose, to indorse thereon his allowance of the same, as a valid claim against the estate.

* Land sold by Executor or Administrator.

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Ch. 47, Sect. 160, enacts: No action, for the recovery of any estate sold by an executor or administrator, under the provisions of this act, shall be maintained by any heir or other person, claiming under the deceased testator or intestate, unless it be commenced within five years next after the sale; excepting only that persons out of the State, and minors and others under any legal disability to sue at the time when the right of action shall first accrue, may commence such action within five years after the removal of the disability, or after their return to the State.

Suits against Executors and Administrators.

Ch. 4, Sect. 103, 104, and 105, enact as follows: SECT. 103. No executor or administrator, after having given notice of his appointment, as provided in the eighty-first section of this act, shall be held to answer to the suit of any creditor of the deceased, unless it be commenced within four years from the time of his giving bond as aforesaid, excepting in the cases hereinafter mentioned.

SECT. 104. When assets shall come to the hands of an executor or administrator, after the expiration of the said four years, he shall account for, and apply the same, in like manner as if they had been received within the four years; and he shall be liable to an action, and to be proceeded against on account of such assets, by or for the benefit of any creditor, in like manner as if the assets had been received within the said four years; provided, that such action or proceeding be commenced within one year after the creditor shall have notice of the receipt of such new assets, and not more than four years after the same shall be actually received.

SECT. 105. Any creditor of the deceased, whose right of action shall not accrue within the said four years after the date of the administration bond, may present his claim to the court, from which the letters issued, at any time before the estate is fully administered; and if, on examination thereof, it shall appear to the court that the same is justly due from the estate, they may, by the consent of the creditor and executor, or administrator, order the same to be discharged, in like manner as if due, after discounting interest, as mentioned in the ninety-fourth section of this act; or the court may order the executor or administrator to retain in his hands sufficient to satisfy the same; or if any of the heirs of the deceased, or devisees, or others interested in the estate, shall offer to give bond to the alleged creditor, with sufficient surety or sureties, for the payment of the demand, in case the same shall be proved to be due from the estate, the court may, if they think fit, order such bond to be taken, instead of ordering the claim to be dis

charged as aforesaid, or requiring the executor or administrator to retain assets as aforesaid.

Sect. 229 of the same chapter enacts: If it shall not be ascer[* cxxv] tained, * at the end of three years after the granting of letters testamentary or of administration, whether any estate that has been represented insolvent is, or is not so, in fact, any creditor whose claim shall not have been presented before the commissioners, or to the executor or administrator who may be acting in the place of commissioners, may commence an action therefor, against the executor or administrator; and such action may be continued, for the defendant, until it shall appear whether the estate is insolvent; and if it should not prove to be so, the plaintiff may prosecute his action as if no such representation had been made.

INDIANA.

(Real Property. Revised Statutes, 1838.)

Ch. 30, Sect. 7, enacts: That no action of disseisin shall be sustained by any person who shall not have had right of entry within twenty years next before the commencement of such action, unless such person shall have been, during such time, or part thereof, absent from the United States, infant, feme covert, or insane; and the time of such absence, infancy, coverture, or insanity, shall not be reckoned any part of the limitation aforesaid, provided such limitation commenced during such disability.

Ch. 36, Sect. 3, enacts: No action of ejectment shall be commenced or maintained, for the recovery of any lands or tenements, against any person or persons 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 persons, under whom he claims; and any action of ejectment, commenced contrary to the provisions of this act, shall be dismissed at the cost of the party commencing the same: Provided, however, that this act shall not be so construed 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.

Personal Actions.

Ch. 81, Sect. 12, enacts: All actions of debt on simple contract, and for rent arrear, actions on the case (other than for slander), actions of account, trespass, trespass quare clausum fregit, detinue, and replevin for goods and chattels, shall 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, shall be commenced within three years after the cause of action accrued, and not after. All actions upon any act* of assembly, now or hereafter to be made, when [* cxxvi] the right of action is limited to the party aggrieved, shall be commenced within two years after the cause of action accrued, and not after, except when the right of action is limited by the act to a shorter period; and all actions of slander shall be commenced within one year after the cause of action accrued, and not after, saving, however, the right of infants, femes covert, persons non compos mentis, or without the jurisdiction of the United States, until one year after their several disabilities are removed. Provided, however, that no statute of limitation shall ever be pleaded as a bar, or operate as such, to any action founded on an instrument or contract in writing, whether the same be sealed or unsealed, nor to running accounts between merchant and merchant: And provided also, that if any person or persons against whom there is or shall be any of the causes of action specified in this section, be or shall be at the time of any such cause of action given or accrued, without the jurisdiction of the United States, that then such person or persons who is or shall be entitled to such action shall be at liberty to bring said actions against said person or persons, within one year after their return from without the United States: And provided further, that nothing in this act shall be so construed as in any manner to restrict or limit any defendant or defendants to any action in pleading, set-off, or payment thereto, to the amount of the plaintiff's cause of action: And provided also, that 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 pass for the plaintiff, and for matter alleged in arrest of judgment, the judgment be given against the plaintiff, that he take nothing by his writ, plaint, or bill; that in all such cases, and in cases discontinued for want of a court at any regular term, the plaintiff, his heirs, executors, or administrators, as the case may require, may commence a new action or suit, from time to time, within a year after such judgment reversed, or such judgment given against the plaintiff, or such discontinuance, and not after: Provided further, that on all contracts made in this State, if the defendant shall be without the same when the cause of action accrued, said action shall not be barred until the times above limited shall have expired, after the defendant shall have come within the jurisdiction thereof, and on all contracts made without this State, if the defendant shall have left the State or territory where the same was made, and come within the jurisdiction of this State, before cause of action accrued thereon, the plaintiff shall not be barred his right of action, until the time above limited, after the said demand shall have been brought within the jurisdiction of this State.

Actions Real and Personal. (Revised Laws of Illinois, 1833.)

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That all actions of trespass quare clausum fregit, all actions of trespass, detinue, trover, and replevin, for taking away goods and chattels, all actions for arrearages of rent, due on a parol demise, and all actions of account, and upon the case, except actions for slander, and except, also, actions for malicious prosecution, and such actions as concern the trade of merchandise, between merchant and merchant, their factors, or agents, shall be commenced within five years next after the cause of such actions shall have accrued, and not after.

SECT. 2. That all actions of trespass for assault, battery, wounding, and imprisonment, or any of them, shall be commenced within two years next after the cause of such actions shall have accrued, and not after.

SECT. 3. That every action upon the case for words shall be commenced within one year next after the words spoken, and not after; and every action for malicious prosecution shall be commenced within two years next after the cause of action shall have accrued, and not after.

SECT. 4. That every action of debt or covenant for rent, or arrearages of rent, founded upon any lease under seal, and every action of debt or covenant, founded upon any single or penal bill, promissory note, or writing obligatory, for the direct payment of money, or the delivery of property, or the performance of covenants, or upon any award under the hands and seals of arbitrators, for the payment of money only, shall be commenced within sixteen years after the cause of such action shall have accrued, and not after; but if any payment shall have been made on any such lease, single, or penal bill, promissory note, writing obligatory, or award, within or after the said period of sixteen years, then an action instituted on such lease, single, or penal bill, promissory note, writing obligatory, or award, within sixteen years after, such payment shall be good and effectual in law, and not after.

SECT. 5. That judgment in any court of record in this State may be revived by scire facias, or an action of debt may be brought thereon, within twenty years next after the date of such judgment, and not after.

SECT. 6. That no person who now hath, or hereafter may have, any right of entry into any lands, tenements, or hereditaments, shall make an entry therein, but within twenty years next after such right shall have accrued, and such person shall be barred from any entry afterwards. SECT. 7. That every real, possessory, ancestral, or mixed action, or writ of right, brought for the recovery of any lands, tenements, or hereditaments, shall be brought within twenty years next after the right or title thereto, or cause of such action accrued, and not

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