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CHAPTER 138.

SEC. 17. Writs of error and of certiorari in civil cases, shall be TITLE XXV. indorsed in the same cases, and with the like effect as original writs, by some responsible person as surety for costs.

Indorsement of writs of error

SEC. 18. The party prevailing on a writ of certiorari in any pro- and certiorari. ceeding of a civil nature, shall be entitled to his costs against the ad- Costs on certio. verse party in all cases; and in case such writ shall appear to have rari. been brought for the purpose of delay or vexation, the court may award double costs to the prevailing party.

TITLE XXVI.

CHAPTER 139.

TITLE XXVI.

OF THE LIMITATION OF ACTIONS.

Chapter 139. Of the Limitation of Actions relating to Real Property.
Chapter 140. Of the Limitation of Personal Actions.

No action or en

years, except, &c. 7 Pick., 153.

CHAPTER 139.

OF THE LIMITATION OF ACTIONS RELATING TO REAL PROPERTY.

SECTION 1. No person shall commence an action for the recovery try after twenty of any lands, nor make an entry thereupon, unless within twenty years after the right to make such entry or bring such action first accrued, or within twenty years after he, or those from, by or under whom he claims, shall have been seized or possessed of thepremises, or shall have received the rents and profits of the same or some part thereof, except as is hereinafter provided.

Computation of time, if right ac

crued to ancessor &c.

When right

deemed to have accrued.

9 Mass., 508. 15 do. 471.

SEC. 2. If such right or title accrued to an ancestor or predecessor of the person who brings the action or makes the entry, or to any other person, from, by, or under whom he claims, the said twenty years shall be computed from the time when the right or title so first accrued to such ancestor, predecessor, or other person.

SEC. 3. In the construction of this chapter, the right to make an entry or bring an action to recover land, shall be deemed to have first accrued at the times respectively hereinafter mentioned, that is to say:

1. Whenever any person shall be disseized, his right of entry or of action shall be deemed to have accrued at the time of such disseizin :

2. When he claims as heir or devisee of one who died seized, his right shall be deemed to have accrued at the time of such death, unless there is a tenancy by curtesy, or other estate, intervening after the death of such ancestor or devisor, in which case his right shall be deemed to accrue when such intermediate estate shall expire, or when it would have expired by its own limitation :

3. When there is such an intermediate estate, and in all other cases where the party claims by force of any remainder or reversion, his right, so far as it is affected by the limitation herein prescribed, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof, for which he might have entered at an earlier time:

4. The preceding clause shall not prevent any person from entering, when entitled to do so by any forfeiture, or breach of condition,

CHAPTER 139.

but if he claims under such a title, his right shall be deemed to have TITLE XXVI accrued when the forfeiture was incurred, or the condition broken:

5. In all cases not otherwise provided for, the right shall be deemed to have accrued when the claimant, or the person under whom he claims, first became entitled to the possession of the premises, under the title upon which the entry or action is founded.

corporation.

SEC. 4. If any sole corporation shall be disseized, any of his suc- Limitation after cessors may enter upon the premises, or may bring an action for the disseizin of sole recovery thereof, at any time within five years after the death, resignation, or removal of the person so disseized, notwithstanding the twenty years after such disseizen shall have expired.

SEC. 5. If, at the time when any right of entry or of action, upon or Cases of disabilifor any lands shall first accrue as aforesaid, the person entitled to such ty. entry or action, shall be within the age of twenty-one years, or a married woman, insane, imprisoned, or absent from the United States, such person, or any one claiming from, by, or under him, may make the entry or bring the action, at any time within ten years after such disability shall be removed, notwithstanding the twenty years before limited in that behalf shall have expired.

SEC. 6. If the person first entitled to make such entry or bring such Death of persons under disability. action, shall die during the continuance of any of the disabilities mentioned in the preceding section, and no determination or judgment shall have been had of or upon the title, right or action which accrued to him, the entry may be made, or the action brought by his heirs, or any other person claiming from, by or under him, at any time within ten years after his death, notwithstanding the said twenty years shall have expired.

6 Mass., 328.

SEC. 7. If, at the time when such right of entry or of action shall No allowance first accrue, the person entitled thereto shall be under any of the dis- for any second abilities before mentioned, and shall die without having recovered the disabi premises, no further time for making such entry or bringing such ac- 6 East, 80. tion, beyond that herein before prescribed, shall be allowed by reason of the disability of any other person.

Entry on land

SEC. 8. No person shall be deemed to have been in possession of any lands, within the meaning of this chapter, merely by reason of when effectual. having made an entry thereon, unless he shall have continued in open and peaceable possession of the premises for at least one year next after such entry, or urless an action shall be commenced upon such entry and seizen, within one year after he shall be ousted or dispossessed of the premises.

SEC. 9. When the right of action or entry shall have accrued before Rights accrued before this chap. the time when this chapter shall take effect as a law, the same shall ter takes effect. not be affected by this chapter; but all such actions and rights shall 1839, p. 333. 1843, p. 43. be governed and determined according to the law under which the right accrued, in respect to the limitation of such actions or rights of entry. SEC. 10. If any action, of which the commencement is limited by Action after this chapter, shall be abated by the death of any party thereto, or if, after verdict for the demandant or plantiff, the judgment shall be arrested, or if judgment in any such action be given for the demandant or plaintiff, and the judgment shall be reversed for error therein, the demandant or plaintiff, or any person claiming from, by, or under him, may bring an action for the same cause, at any time within one year after the determination of the original action, or after the reversal of the judgment.

abatement, reversal, &c.

TITLE XXVI.

CHAPTER 140.

Suits by the peo ple of this state.

4 Mass., 528.

SEC. 11. No suit for the recovery of any lands, shall be commenced by or in behalf of the people of this state, unless within twenty years after the right or title of the people of the state therein first accrued, or within twenty years after the said people or those from or through whom they claim, shall have been seized or possessed of the premises, or shall have received the rents and profits of the same, or some part thereof.

Certain actions
to be brought
within six years.

1 Mason, 243.
2 do. 311.

2 Gallis., 477.

Certain actions to be brought

within two years.

Actions against sheriffs, &c.

9 Greenl., 74.

Exceptions.

Cases of accounts
current.
2 Mass., 217.

3 Pick., 97.
8 do. 187.

6 do. 362.

4 Greenl, 337.
6 do. 308.
Disabilities.
14 Mass., 203.
17 do., 180.

General limitation.

CHAPTER 140.

OF THE LIMITATION OF PERSONAL ACTIONS.

SECTION 1. The following actions shall be commenced within six years next after the cause of action shall accrue, and not afterwards, that is to say:

1. All actions of debt, founded upon any contract or liability not under seal, except such as are brought upon the judgment or decree of some court of record of the United States, or of this, or some other of the United States:

2. All actions upon judgments rendered in any court, other than those above excepted:

3. All actions for arrears of rent:

4. All actions of assumpsit, or upon the case, founded upon any contract or liability, express or implied:

5. All actions for waste :

6. All actions of replevin and trover, and all other actions for taking, detaining, or injuring goods or chattels :

7. All other actions on the case, except actions for slanderous words, or for libels.

SEC. 2. All actions for trespass upon land, or for assault and battery, or for false imprisonment, and all actions for slanderous words, and for libels, shall be commenced within two years next after the cause of action shall accrue, and not afterwards.

SEC. 3. All actions against sheriffs, for the misconduct or neglect of their deputies, shall be commenced within three years next after the cause of action shall accrue, and not afterwards.

SEC. 4. None of the provisions of this chapter shall apply to any action brought upon any bills, notes or other evidences of debt issued by any bank.

SEC. 5. In all actions of debt or assumpsit, brought to recover the balance due upon a mutual and open account current, the cause of action shall be deemed to have accrued at the time of the last item proved in such account.

SEC. 6. If any person entitled to bring any of the actions mentioned in this chapter, shall, at the time when the cause of action accrues, be within the age of twenty-one years, or a married woman, insane, imprisoned in the state prison, or absent from the United States, such person may bring the said actions within the times in this chapter respectively limited, after the disability shall be removed.

SEC. 7. All personal actions on any contract, not limited by the foregoing sections, or by any law of this state, shall be brought within

CHAPTER 140.

ten years after the accruing of the cause of action, and not after- TITLE XXVI. wards.

3 Cranch, 454.

SEC. 8. When any person shall be disabled to prosecute an action Suits by aliens. 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 a part of the respective periods herein limited for the commencement of any of the actions before mentioned.

ants out of the

7 do. 515.

55.

SEC. 9. If at the time when any cause of action mentioned in this Case of defend. chapter, shall accrue against any person, he shall be out of the state, state. the action may be commenced within the time herein limited there- 3 Mass, 271. for, after such person shall come into this state, and if after any cause 17 do. of action shall have accrued, the person against whom it shall have 1 Pick., 263. accrued shall be absent from and reside out of the state, the time of his absence shall not be taken as any part of the time limited for the commencement of the action.

either party.

SEC. 10. If any person entitled to bring any of the actions before Case of death of mentioned in this chapter, or liable to any such actions, shall die before the expiration of the time herein limited, or within thirty days after the expiration of the said time, and if the cause of action does by law survive, the action may be commenced by or against the executor or administrator of the deceased person, or the claim may be proved as a debt against the estate of the deceased person, as the case may be, at any time within two years after granting letters testamentary or of administration, and not afterwards, if barred by the provisions of this chapter.

of reversal, ar

&c.

SEC. 11. If, in any action, duly commenced within the time limited Remedy in case in this chapter, and allowed therefor, the writ or declaration shall fail of rest of judgment, a sufficient service or return, by any unavoidable accident, or by any Pick., 605. default or neglect of the officer to whom it is committed, or if the writ be abated, or the action otherwise avoided or defeated, by the death of any party thereto, or for any matter of favor (form), or if after a verdict for the plaintiff, the judgment shall be arrested, or if a judgment for the plaintiff shall be reversed on a writ of error, the plaintiff may commence a new action for the same cause, at any time within one year after the abatement or other determination of the original suit, or after the reversal of the judgment therein; and if the cause of action does by law survive, his executor or administrator may, in case of his death, commence such new action within the said one year.

"fendant.

1 Pick., 435. 3 do. 74.

SEC. 12. If any person who is liable to any of the actions mention- Fraudulent coned in this chapter, shall fraudulently conceal the cause of such action, cealment by de from the knowledge of the person entitled thereto, the action may 3 Mass., 201 be commenced at any time within two years after the who is person entitled to bring the same, shall discover that he has such cause of ac- 20 J. R., 33. tion, although such action would be otherwise barred by the provisions of this chapter.

&c, to be in wri ting.

SEC. 13. In actions founded upon contract express or implied, no New promise, acknowledgment or promise shall be evidence of a continuing contract, whereby to take a case out of the provisions of this chapter, or to deprive any party of the benefit thereof, unless such acknowledgment or promise be made or contained by or in some writing, signed by the party to be charged thereby.

SEC. 14. If there be two or more joint contractors or joint execu

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