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2. An action for libel, slander, assault, battery, false imprisonment, or seduction.
3. An action against a Sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
4. An action against a municipal corporation for damages for injuries to property caused by a mob or riot.
Within Six Months.
1. To recover any goods, wares, merchandise, or other property, seized by such officer in his official capacity as Tax Collector, or to recover the price or value of any goods, wares, merchandise, or other personal property so seized, or for damages for the seizure, detention, sale of, or injury to any goods, wares, merchandise, or other personal property seized, or for damages done to any person or property in making any such seizure.
2. To recover stock sold for a delinquent assessment, upon the ground of irregularity in the assessment, or irregularity or defect of the notice of sale, or defect or irregularity in the sale.
No Limitation. To actions for the recovery of money or other property deposited with any bank, banker, trust company, or savings and loan society.
The period of limitation begins to run from the time the cause of action accrues, or in other words, from the time when suit can be brought.
A partial payment of an amount due under an agreement in writing (promissory notes included), or under an agreement not in writing (book accounts included) does not prevent the statute running; but where a balance is due upon a mutual, open and current account, where there have been reciprocal demands between the parties, the statute begins to run from the last item proved in the account on either side.
If when the cause of action accrues against a person he is out of the State, the action may be commenced within the time above limited, after his return to the State, and if, after the cause of action accrues, he departs from the State, the time of his absence is not part of the time limited for the commencement of the action.
If a person entitled to bring an action be, at the time the cause of action accrues, either within the age of majority, insane, imprisoned on a criminal charge, or in execution under the sentence of a Criminal Court for a term less than for life, or a married woman, and her husband be a necessary party with her in commencing such action, the time of such disability is not a part of the time limited.
If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time, and within six months from his death. If a person against whom an action may be brought, die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced against his representatives after the expiration of that time, and within one year after the issuing of letters testamentary or of administration.
When a person is an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of the action.
When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.
When a cause of action has arisen in another State, or in a foreign country: and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this State, except in favor of one who has been a citizen of this State, and who has held the cause of action from the time it accrued.
No acknowledgement or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of the statute, unless the same is contained in some writing, signed by the party to be charged thereby.
PARTIES TO SUITS.
Every action must be prosecuted in the name of the real party in interest, except in the case of an executor, or administrator, or trustee of an express trust (including a person with whom, or in whose name, a contract is made for the benefit of another) or a person expressly authorized by statute, who may sue without joining with him the person or persons for whose benefit the action is brought.
In the case of an assignment of a right to recover money or other personal property by a judicial proceeding, the action by the assignee is without prejudice to any set off or other defense existing at the time of, or before notice of, the assignment; but this does not apply to a negotiable promissory note or bill of exchange, transferred, in good faith and upon good consideration, before maturity.
Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all any
of them be included in the same action, at the option of the plaintiff.
Civil actions in the Courts of this State are commenced by filing a complaint. In the Justices' Courts, by filing a complaint and issuing a summons thereon, or by the voluntary appearance and pleading of the parties.
The plaintiff may have summons issued any time within one year after the complaint is filed with the Clerk or Justice.
In the Superior Courts the defendant is allowed ten days after the service of summons and complaint to appear and answer the complaint, where service is made within the county in which the action is brought, and thirty days if served elsewhere.
In the Superior Courts the summons and copy of complaint may be served by the Sheriff of the county where defendant may be found, or by any other person over the age of eighteen, not a party to the action.
On Whom Summons to be Served.
1. If the suit is against a corporation formed under the laws of this State, the President or other head of the corporation, Secretary, Cashier, or managing Agent thereof.
2. If against a foreign corporation, or a non-resident, jointstock company or association, doing business and having a managing or business Agent, Cashier, or Secretary within this State; the Agent, Cashier or Secretary.
3. If against a minor under the age of fourteen years, residing within this State: such minor personally, and also his father, mother, or guardian; or if there be none within this State, then any person having the care or control of such minor, or with whom he resides, or in whose service he is employed.
4. If against a person residing within this State, who has been judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed: such person, and also his guardian.
5. If against a county, city or town: the President of the Board of Supervisors, President of the Council, or Trustees, or other head of the legislative department thereof.
6. In all other cases the defendant must be served personally.
Service by Publication. When the person on whom the service is to be made resides out of the State, or has departed from the State, or cannot,
after due diligence, be found within the State, or conceals himself to avoid service, or is a foreign corporation having no managing or business Agent, Cashier, or Secretary within the State, and that fact appears by affidavit to the satisfaction of the Court, or a Judge thereof, and it also appears by such affidavit, or by the verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action, such Court or Judge may make an order that the service be made by the publication of the summons.
The order must direct the publication to be made in a newspaper, to be designated as most likely to give notice to the person to be served, and for such length of time as may be deemed reasonable, at least once a week; but publication against a defendant residing out of the State, or absent therefrom, must not be less than two months. In case of publication, where the residence of a non-resident or absent defendant is known, the Court or a Judge must direct a copy of the summons and complaint to be forthwith deposited in the Post-office, directed to the person to be served, at his place of residence. When publication is ordered, personal service of a copy of the summons and complaint out of the State is equivalent to publication and deposit in the Post-office. In either case, the service of the summons is complete at the expiration of the time prescribed by the order for publication.
Provisions in Justices' Courts.
In Justices' Courts, the time for the appearance of the defendant must be set forth in the summons, and must be as fol
1. Forthwith, if an order of arrest is indorsed upon the
2. In all other cases the summons must contain a direction that the defendant must appear and answer the complaint with