NOTE (C.)

A summary of the Statutes of Limitations of the respective states of the Union, alphabetically arranged; compiled principally from the Statutes themselves; but in some few instances from Griffith's "Law Register of the United States."

ALABAMA.

Actions relating to Lands.

1. No entry to be made into lands but within 20 years after right or title accrued.

2. Real, possessory, ancestral, mixed or other action for lands, to be commenced within 30 years next after right or title thereto, or cause of action accrued.

Proviso. That the time during which the person who has such a right of entry or of action shall have been under 21 years of age, feme covert, or insane, shall not be computed part of the period of Limitation.

Personal Actions.

1. Actions of trespass quare clausum fregit; Trespass; Detinue; Trover; Replevin for taking of goods and chattles; Actions of debt founded on lending or contract without specialty, or for arrearages of rent, on a parol demise; Actions of account and upon the case (except actions of slander, and such as concern the trade of merchandise between merchants, their factors or agents,) must be commenced within six years next after the causes of action accrue.

2. Actions of trespass for assault, menace, battery, wounding and imprisonment, or any of them, within 2 years next after the cause of action accrues.

3. Actions on the case for words, within one year next after the words spoken.

Proviso. Persons being under the age of 21 years, feme covert, or insane, when the cause of action accrues in any of the foregoing cases, may commence the suits within the time before limited after such disability removed.

4. Actions of debt or covenant for rent, or arrearages of rent, founded upon any lease under seal, or upon any single or penal bill for the payment of money only, or on any obligation with condi

tion for the payment of money only, or upon any award under seal, are to be commenced within 16 years after the cause of action accrues; but if any payment has been made upon any such lease, specialty or award within or after said period of 16 years, then the action may be commenced within 16 years after such pay

ment.

Proviso, That the time during which the person entitled to any such action, shall be within 21 years of age, feme covert, or insane, shall not be computed as part of the period of limitation.

5. Judgment in any Court of Record may be revived, by Scire Facias, or an action of debt may be brought thereon within 20 years next after the date of such judgment.

Proviso. Like that to the last section.

There is also a general Proviso, That if the defendant be out of the state at the time the action accrues, or at any time during which a suit might be sustained, then the plaintiff may bring his - action after the defendant's return into the state, and the time of such absence shall not be computed as part of the time limited by the act.

6. If a judgment for the plaintiff be reversed upon Writ of Error, or if after verdict for the plaintiff upon matter in arrest of judgment, the judgment be given against him, then he, his heirs, &c., may commence a new action within one year after such judgment reversed or given against him.

7. No action to be brought upon an open account, after three years from the accruing of the cause of action.

Proviso, Not to apply to the trade of merchandize between merchant and merchant, their factors or agents.

8. Writs of Error may issue within three years after final judg

ment.

CONNECTICUT.

"An act for the Limitation of civil actions, and of criminal "prosecutions." (Revision of 1821, Title 59. Limitations.)

1st. Section enacts, That no person shall make entry into lands, &c. but within fifteen years next after his right or title shall first descend or accrue to the same. And no such entry shall be sufficient, unless an action shall be commenced thereupon and prosecuted with effect within one year next after the making thereof.

Proviso, in favour of any person who "at the time of the first descending or accruing of the said right or title," is an infant, feme covert, lunatic, or prisoner, so as such person shall, within

five years next after full age, discoverture, coming of sound mind, enlargement out of prison, or the heirs of such person, shall within five years after the death of such person, bring such action or make such entry, and take benefit of the same."

2d Section; Action on bond or writing obligatory, contract under seal, or promissory note not negociable, must be brought within seventeen years next after an action on the same shall accrue. "Provided nevertheless that persons legally incapable to bring an action on such bond or writing, at the accruing of the right of action thereon, may bring the same at any time within four years after their becoming legally capable to bring such action."

3d Section; Action of account, of debt on book, or on simple contract, of assumpsit upon implied contract, or upon any contract in writing not under seal, except promissory notes not negociable, must be brought within six years. With the same proviso as in the last section, excepting only that the saving is three years instead of four.

4th Section; Action of trespass on the case must be brought within six years.

"Sect 5. No action founded upon any express contract or agreement, other than actions of book debt, on proper subjects thereof, not reduced to writing or some note or memorandum thereof, made in writing, and signed by the party to be charged therewith, or some other person by him lawfully authorized; no action of trespass; and no action upon the case for words, shall be brought but within three years next after the right of action shall accrue."

Sect. 6. Suit for any forfeiture upon any penal Statute to be brought within one year.

Sect. 7. Suit against Sheriff, Sheriff's Deputy or Constable, "for neglect or default in his office or duty," to be brought within two years.

Sect. 8. If judgment for plaintiff be reversed by error, or if a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment, judgment be given against the plaintiff; he or his heirs, &c. may commence a new suit within a year; the time during which the defendant is out of the state is not to be computed. "In all cases, herein before specified, wherein, by the laws of this state hitherto in force, no time is limited for the bringing of said actions, or a longer time is allowed therefor, than the time herein limited, such last mentioned time shall commence on, and be computed from, the first day of June, one thousand eight bundred and twenty-one.

Sect. 9. Writ of Error to reverse judgment must be brought within three years.

Sect. 10. Petition for new trial must be brought within three years after the judgment or decree complained of was rendered or made.

Sect. 11. No person shall be indicted, &c. for treason, or for any crime or misdemeanor, whereof the punishment is imprison

ment in Newgate prison, unless within three years next after the offence shall have been committed nor for the breach of any penal law, or for other crime or misdemeanor, excepting crimes punishable with death, or imprisonment in Newgate prison, unless within one year next after the offence shall have been committed. Provided that any action, &c. for penalty, &c. of the Law relating to the slave trade or concerning Indian, Mulatto, and Negro slaves, may be brought at any time within three years after such cause of action shall arise. Provided that if the person accused shall have fled from, or resided out of the state during the period limited as aforesaid for the prosecution of the offence charged, then he may be prosecuted at any time within such period during which he shall reside within the state after the commission of the offence. And provided, also, that where any suit, &c. "for any crime or misdemeanor, is, or shall be limited by any other statute, to be brought or exhibited within a shorter time than is hereby limited, the same shall be brought or exhibited within the time limited by such statute."

DELAWARE.

By the 13th Section of the 6th Article of the Constitution of the State of Delaware, it is declared, "That no Writ of Error shall be brought upon any judgment heretofore* confessed, entered or rendered, but within five years from this time*; nor upon any judgment hereafter to be confessed, entered or rendered, but within five years after the confessing, entering, or rendering thereof, unless the person entitled to such writ be an infant, feme covert, non compos mentis, or a prisoner, and then within five years exclusive of such disability."

Statute of Delaware, passed February 4, 1792. (2 Vol. Laws, ( 1

Section 1. "All actions of trespass vi et armis, quare clausum fregit; all actions of detinue, trover, and replevin, for taking away goods or chattels; all actions upon account and upon the case; (other than actions between merchant and merchant, their factors and servants relating to merchandise; all actions upon the case for words; all actions of debt grounded upon any lending or contract without specialty; all actions of debt for arrearages of rent; and all actions of trespass, assault, battery, menace, wounding, or imprisonment, shall be commenced and sued within three years next, after, the cause of such action or suit shall accrue, and not after."

Sect. 2. Provides, That if any person entitled to any such action, shall at the time when the cause thereof accrues, be within the age of twenty one years, feme covert, non compos mentis, imprisoned, beyond sea or out of the state; such persons may bring their action within one year next after their coming to or being at

* 12th June, 1792.

full age, discoverture, of sound memory, at large, or returning into the state. And if the Defendant shall be out of the state, at the time of the cause of action arising, or afterwards before the time of bringing such action be expired, the Plaintiff may bring his action within three years next after Defendant's return.

Sect. 3. No person that doth not keep a regular book of accounts, "shall be admitted to prove or require payment of any account of longer standing than one year, against the estate of any person or persons dying within this state; or, in case of its consisting of many particulars, unless every item or charge in such account shall have accrued or arisen within three years next before the death of the deceased person, and unless such person or persons so pretending to be a creditor or creditors of the deceased shall be able clearly to make appear, by one good and sufficient witness at the least, that such account is just and true; and that no person or persons whatsoever, who do and shall keep regular books of accounts, shall be admitted to prove or require payment of any account against the estates of persons so dying as aforesaid, unless such account shall have accrued or arisen as aforesaid, within three years next before the decease of the deceased person." (The residue of this Section is repealed.)

Sect. 4. (Repealed.)

Sect. 5. Makes executor or administrator liable as for waste, if he pay any demand against the estate of his testator or intestate, of any longer standing than three years next before the death of his testator or intestate, &c.

Sect. 6. Proviso in favor of infants, feme coverts, persons who are of insane memory, imprisoned, or out of the state, so that their accounts against the estate of the deceased be proved, and their claims prosecuted within one year next after the removal of such disability.

Sect. 7. Provides, That this act shall not extend to cases arising before its passage.

Sect. 8. Repeals parts of former Acts.

Act of June 18th, 1793. (2 Vol. 1132, Ch. 35. c.)

Sect. 1. Enacts, That nothing contained in the above Act, of 4th February, 1792, "shall extend to any intercourse of traffic between merchant and merchant, according to the usual course of mercantile business, nor to any demands founded on mortgages, bonds, bills, promissory notes or settlements under the hands of the parties concerned."

Sect. 2. Repeals part of the third, and all of the fourth section of the Act of 4th February, 1792.

Act of 19th June, 1793. (2 Vol. 1155, Ch. 4Ò. c.)