rested or reversed on error or appeal, the plaintiff may commence a new action within one year after such reversal or arrest.

SECT. 26. This chapter does not extend to actions already commenced, but the statutes now in force are applicable to such cases, according to the subject of the action, and without regard to the form.

SECT. 13. This title shall not apply to actions already commenced, but the statutes now in force shall be applicable to such cases, according to the subject of the action, and without regard to the form.

SECT. 14. All acts and parts of acts inconsistent with the provisions of this act are repealed.

SECT. 15. Civil actions can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued; but where, in special cases, a different limitation is prescribed by statute, the action must be commenced accordingly.

CHAPTER 2.- Actions for the Recovery of Real Property.

SECT. 16. An action for the recovery of the title, or possession of lands, tenements, or hereditaments, can only be brought within twentyone years after the cause of such action shall have accrued.

SECT. 17. If a person, entitled to commence any action for the recovery of the title or possession of any lands, tenements, or hereditaments, be at the time his right or title shall first descend or accrue, within the age of twenty-one years, a married woman, insane, or imprisoned, every such person may, after the expiration of twenty-one years from the time his right or title descended or accrued, bring such action within ten years after such disability is removed, and at no time thereafter.

SECT. 18. An action for the forcible entry and detention, or forcible detention only, of real property, can only be brought within five years after the cause of such action shall have accrued.

CHAPTER 3. Actions other than for the Recovery of Real Property.

SECT. 19. Civil actions, other than for the recovery of real property, can only be brought within the following periods:

SECT. 20. Within three years: An action upon a speciality, or any agreement, contract, or promise in writing.

SECT. 21. Within three years: An action upon contract, not in writing, express or implied; an action upon a liability created by statute, other than a forfeiture or penalty.

SECT. 22. Within two 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 injury to the rights of the plaintiff, not arising on contracts and not hereinafter enumerated; an action for relief on the ground of fraud, — the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud.

SECT. 23. Within one year: An action for libel, slander, assault, battery, malicious prosecution, or false imprisonment, an action upon a statute for a penalty or forfeiture; but when the statute giving such action presents a different limitation, the action may be brought within the period so limited.

SECT. 24. 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, arrest, or in any case whatever required by statute, can only be brought within ten years after the cause of action shall have accrued; but this section shall be subject to the qualification in section fifteen.

SECT. 25. An action for relief, not hereinbefore provided for, can only be brought within ten years after the cause of action shall have accrued.

SECT. 26. If a person, entitled to bring any action mentioned in this chapter, except for a penalty or a 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 chapter, after such disability shall be removed.

SECT. 27. An action shall be deemed commenced within the meaning of this title, as to each defendant, at the date of the summons which is served on him, or on a codefendant, who is a joint contractor, or otherwise united in interest with him; when service by publication is proper, the action shall be deemed commenced at the date of the first publication, which publication must be regularly made. An attempt to commence an action shall be deemed equivalent to the commencement thereof, within the meaning of this title, when the party faithfully, properly, and diligently endeavors to procure a service; but such attempt must be followed by service within sixty days.

SECT. 28. If, when a cause of action accrues against a person, he be out of the Territory, or has absconded, or concealed himself, the period

limited for the commencement of the action shall not begin to run until he comes into the Territory, or while he is so absconded or concealed; and if, after the cause of action accrues, he depart from the Territory, 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. 29. Where the cause of action has arisen in another State or country, between non-residents of this Territory, and, by the laws of the State or county where the cause of action arose, an action cannot be maintained thereon by reason of lapse of time, no action can be maintained thereon in this Territory.

SECT. 30. If any action be commenced within due time, and a judgment thereon for the plaintiff be reversed, or if the plaintiff fail in such action, otherwise than upon the merits, and the time limited for the same shall have expired, the plaintiff, or, if he die and the cause of action survive, his representatives, may commence a new action within one year after the reversal or failure.

SECT. 31. In any case founded on contract, 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, an action may be brought on such case within the period prescribed for the same, after such payment, acknowledgment, or promise; but such acknowledgment or promise must be in writing, signed by the party to be charged thereby.

LORD TENTERDEN'S ACT.

9 Geo. IV. c. 14.

"An Act for rendering a written Memorandum necessary to the Validity of certain Promises and Engagements."

SECT. 1. Whereas, by an act passed in England in the twenty-first year of the reign of King James the First, it was, among other things, enacted, that all actions of account and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants, all actions of debt grounded upon any lending or contract without specialty, and all actions of debt for arrearages of rent, should be commenced within three years after the end of the then present session of parliament, or within six years next after the cause of such actions or suit, and not after; and whereas a similar enactment is contained in an act passed in Ireland in the tenth year of the reign of King Charles the First; and whereas various questions have arisen in actions

founded on simple contract, as to the proof and effect of acknowledgments and promises offered in evidence for the purpose of taking cases out of the operation of the said enactments, and it is expedient to prevent such questions, and to make a provision for giving effect to the said enactments and to the intention thereof: Be it therefore enacted, by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, that in actions of debt, or upon the case, grounded upon any simple contract, no acknowledgment [* clxvii] or promise by words only shall be deemed sufficient evidence of

a new or continuing contract, whereby to take any case out of the operation of the said enactments or either of them, or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing, to be signed by the party chargeable thereby; and that where there shall be two or more joint contractors, or executors, or administrators of any contractor, no such joint contractor, executor, or administrator shall lose the benefit of the said enactments or either of them, so as to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any other or others of them: Provided always, that nothing herein contained shall alter or take away, or lessen the effect of any payment of any principal or interest made by any person whatsoever: Provided, also, that in actions to be commenced against two or more such joint contractors, or executors, or administrators, if it shall appear at the trial or otherwise that the plaintiff, though barred by either of the said recited acts, or this act, as to one or more of such joint contractors, or executors, or administrators, shall nevertheless be entitled to recover against any other or others of the defendants, by virtue of a new acknowledgment, or promise, or otherwise, judgment may be given and costs allowed for the plaintiff, as to such defendant or defendants against whom he shall recover, and for the other defendant or defendants against the plaintiff.

SECT. 2. If any defendant or defendants, in any action on any simple contract, shall plead any matter in abatement to the effect that any other person or persons ought to be jointly sued, and issue be joined on such plea, and it shall appear at the trial that the action could not by reason of the said recited acts, or of this act, or of either of them, be maintained against the other person or persons named in such plea, or any of them, the issue joined on such plea shall be found against the party pleading the

same.

SECT. 3. No indorsement or memorandum of any payment written or made after the time appointed for this act to take effect upon any promissory note, bill of exchange, or other writing, by or on the behalf of the party to whom such payment shall be made, shall be deemed sufficient

proof of such payment, so as to take the case out of the operation of either of the said statutes.

SECT. 4. That the said recited act, and this act, shall be deemed and taken to apply to the case of any debt on simple contract alleged by way of set-off on the part of any defendant, either by plea, notice, or otherwise.

ACT OF VIRGINIA REQUIRING NEW PROMISES AND ACKNOWLEDGMENTS TO BE IN WRITING.

An Act amending the Statute of Limitations. (Passed April 3, 1838.) 1. Be it enacted by the General Assembly, That in actions of debt, or upon the case, grounded upon any simple contract, no acknowledgment or promise made hereafter, by words only, shall be deemed sufficient evidence of a new or continuing contract, whereby to take any case out of the operation of the act, entitled "An act for limitation of actions, for preventing frivolous and vexatious suits, concerning jeofails and proceedings in civil cases," passed February 25, 1819, or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made, or contained by or in some writing to be signed by the party chargeable thereby; and that where there shall be two or more joint contractors, or executors or administrators of any contractor, no such joint contractor, executor, or administrator shall lose the benefit of the said act, so as to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any other or others of them: Provided, That in actions to be commenced against two or more such joint contractors, or executors or administrators, if it shall appear at the trial or otherwise, that the plaintiff, though barred by the before recited act, or this act, as to one or more of such joint contractors, or executors or administrators, shall nevertheless be entitled to recover against any other or others of the defendants, by virtue of a new acknowledgment or promise, or otherwise, judgment may be given and costs allowed for the plaintiff as to such defendant or defendants against whom he shall recover, and for the other defendant or defendants against the plaintiff: And provided also, That every such written promise or acknowledgment shall be held and taken to be a drawing down of the original debt or contract to the date of the said promise or acknowledgment.