Page images
PDF
EPUB

or the last of such payments or acknowledgments, if more than one were given.

30. It shall and may be lawful for any person entitled to or claiming under any mortgage of land, to make an entry or bring an action at law, or suit in equity, to recover such land at any time within twenty years next after the last payment of any part of the principal money or interest secured by such mortgage,such payment being made within twenty years after the right of entry first accrued, although more than twenty years may have elapsed since the time at which the right to make such entry or bring such action or suit in equity shall have first accrued, any thing in this Chapter to the contrary notwithstanding.

31. No arrears of dower, nor any damages on account of such arrears, shall be recovered or obtained by any action or suit for a longer period than six years next before the commencement of such action or suit.

year.

CHAPTER 85.

LIMITATION OF L’ERSONAL ACTIONS, Section.

Section. 1 Limitation of actions upon debts 9 Set off, when barred.

of record or by specialty. 10 When defendant may bring action 2 Actions for penalties.

for set off. 3 Actions for assault, &c.

11 Actions against minors, &c., limi4 Other actions.

tation of. 5 Effect of acknowledgınent or 12 Actions after reversal of judypromise.

ment may be brought within one 6 Acknowledgment,&c.,of one joint debtor, effect of.

13 When after abatement of writ. 7 When one of several joint debtors 14 When actions hy or against repre. may be recovered against.

sentatives may be commenced. 8 Plea in abatement, effect of in 15 Bank notes not affected.

joint suit.

1. No action or scire facias upon any judgment, recognizance, bond, or other specialty, shall be brought but within twenty years after the canse of action.

2. No action for any sum of money given to the party aggrieved by any Act or Statute, or for any penalty, shall be brought but within two years after the cause of action, unless the time is otherwise limited by the Statute.

3. No action for assault, battery, wounding, imprisonment, or for words, shall be commenced but within two years after the cause of action.

4. No other action shall be commenced but within six years after the cause of action.

5. No acknowledgment or promise shall be evidence of a new or continuing contract, or liability whereby to take any case out of the operation of the provisions of this Chapter, or to deprive any party of the benefit thereof, unless such acknowledgment or promise be in writing, signed by the party chargeable thereby, but a payment made on account of any such debt shall have the effect of such acknowledge ment or promise.

6. No person jointly contracting, or liable,or his representatives, shall be answerable for or by reason of any payment, acknowledgment, or promise of his co-contractor, or debtor, or his representatives.

7. In actions against persons jointly contracting, or liable, or their representatives, the plaintiff may recover against one of the parties, though barred by the provisions of this Chapter as to the other.

8. If in any action on a contract the defendant plead in abatement that any other person ought to have been jointly sued, and issue be joined, and it shall appear that the action was, by reason of the provisions of this Chapter, barred against the person so named in the plea, the issue shall be found for the plaintiff.

9. This Chapter shall apply to any demand alleged by way of set-off on the part of any defendant.

10. If the defendant is deprived of the benefit of his set-off by the nonsuit, or any act of the plaintiff, he may bring a new action therefor within one year thereafter.

11. Actions by or against minors, married women, persons insane, or out of the Province, may be commenced within the like period after the removal of the disability, as is al. . lowed for bringing the action in ordinary cases.

12. If ip any action judgment be given for the plaintiff, and the same be reversed by error, or if judgment be arrested after verdict, the plaintiff may commence a new action within one year after such judgment reversed or arrested.

13. If a writ abate for any matter of form, the plaintiff, or his representatives in case of his death, when the action survives, may bring a new action within one year after the abatement.

14. If any person bring or be liable to any action,and shall die before the time limited therefor expires, or within thirty days thereafter, and the cause of action survives, the action may be commenced by or against his representative within six months thereafter.

15. The provisions of this Chapter shall not apply to any action brought for the recovery of a note issued by any incorporated Bank.

CHAPTER 86.

ACTIONS FOR INJURIES CAUSING DEATH. Section.

Section. 1 When action for damages inay be 5 Action to be cominenced within brought in case of death.

twelve months. 2 By whom brought, and for whose 6 Full particulars of person for benefit.

whom action is brought, &c. to 3 Expenses incurred before death be given. recoverable.

7 Construction of terins. 4 Amount recovered, how applied.

1. Whenever hereafter the death of any person shall be caused by wrongful act, neglect, or default, and the act, neglect or default is such as would(if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person or body corporate who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured.

2. Every such action shall be for the benefit of the wife, husband, parent, and child, or either of them, of the person whose death shall have been so caused, and shall be brought by and in the name of the executor or administrator of the person deceased; and in every such action the jury may give such damages, by way of fair compensation, as they may think proportioned to the pecuniary loss resulting from such death, to the parties respectively for whom and for whose benefit such action shall be brought; provided that for the purposes of this Chapter the reasonable expectation of pecuniary benefit, from the continuance of the life of the deceased, shall not be estimated for a period exceeding ten years.

3. Any expenses incurred or pecuniary loss sustained prior to his death by the person injured, and in consequence of such injury, and which would have been recorerable as damages by the person injured if death had not ensned, may also be recovered in such action; and such amount as may be found by the jury in respect thereof shall be held by the executor or administrator as assets of the estate of the deceased.

4. The amount recovered in such action, after dedacting the costs and expenses in respect thereof not recovered from the defendant, shall be divided amongst the sereral parties for whose benefit the action is brought, whether wife, husband, parent, child, or executor or administrator, in such shares or amounts as the jury by their rerdict shall find and direct.

5. Not more than one action shall lie for and in respect of the same subject matter of complaint ander this Chapter ; and every such action shall be commenced within twelve calendar months after the death of such deceased person.

6. In every such action the plaintiff shall be required together with the declaration, to deliver to the defendant or his attorney, as the case may be, a full particular of the person or persons for whom and on whose behalf such action shall be brought, and of the manner in which the pecuni. ary loss to the different persons for whose benefit the action is brought is alleged to have arisen.

7 The word “parent” shall include father and mother and grandfather and grandmother, and the word “ child” shall include son and daughter and grandson and granddaughter.

CHAPTER 87.

GAMBLING TRANSACTIONS. Section.

Section. 1 Gambling contracts and securities 3 Money, &c., won from minor may void.

be recovered, by whom. 2 When money lost at play may be

recovered.

1. All instruments for the payment or securing the payment of money, performance ofengagements, or conveyance of any estate, real or personal, founded upon, arising out of, or connected with any gambling transaction, shall be void ;

but the wife and heirs of any person making any such in. strument affecting such estate, shall be entitled to the same, whether mortgaged or otherwise, as if such person were naturally dead.

2. If any person shall in any gambling transaction with: in twenty four hours, or at any one meeting, lose to any other person a sum of money, or other thing of a value greater than four dollars, and shall pay or deliver the same or any part thereof to the winner, the loser, within one month thereafter, may recover the same from the winner.

3. The parent, guardian, or master of any minor, may likewise sue for, and recover in manner before provided, any money or thing won from such person within lawful age, and treble the value, with costs.

CHAPTER 88.

INJURIES TO MEADOW AND INTERVALE LANDS. Section.

Section. 1 Damages to Island's, &c., parties 3 Recovery against one party to be liable therefor.

a bar to a recovery against any 2 What to be evidence.

other party. 1. Whenever dainage shalloccur to any Islands in the River Saint John, or to any low lands or meadows bordering on the said river, by reason of anchoring or fastening rafts of timber, logs, or lumber, by anchors, warps, or otherwise, to the banks or shores of such island, low lands, or meadows, the owners, managers or conductors of the said rafts of timber, logs, or lumber, or some or either of them, shall an. swer to the owner of the land for such damages wantonly or wilfully done.

2. Proof of the damage and of ownership in the timber, logs, or lumber, or of the identity of the managers or conductors thereof, shall be evidence in an action for such dam. age, to enable any person to recover the same, which action may be brought in any Court of competent jurisdiction.

3. Whenever damage or loss shall occur or be occasioned to any islands, improved lands, or meadows, by reason of saw dust,edgings,slabs, trimmings, or other mill refuse being thrown or falling into any river, stream or creek, from any mill, the owner or owners of such mill, any or either of them,

« PreviousContinue »