CHAP. 146. the original suit, or reversal of the judgment in the same; and, if the cause of action by law survives, his executor or administrator, in case of his death, may commence such new action, within said six months. Provision, in case of the death of either party, before the suit is com menced. 1821, 62, § 12. 15 Mass. 455. 10 Pick. 112. 17 Pick. 383. during a war. SECT. 13. If any person, entitled to bring any of the actions before mentioned, or liable to any such action, shall die before the expiration of the time herein limited therefor, or within thirty days after the expiration of said term, and, if the cause of action survives by law, the action may be commenced by or against the executor or administrator of the deceased person, as the case may be, at any time within two years after administration or letters testamentary granted, and not afterwards, if barred by this chapter. Saving, of rights SECT. 14. If any person shall be disabled to prosecute an action of alien enemies in this state, by reason of his being an alien, subject or citizen of any country at war with the United States, the time of continuance of such war shall not be deemed any part of the respective periods, herein limited for the commencement of any of the before mentioned actions. Limitation of suits by individ ties. 1821, 62, § 14. 5 Greenl. 490. 22 Pick. 495. SECT. 15. All actions and suits for any penalty or forfeiture on uals, for penal- any penal statute, brought by any person, to whom the penalty or forfeiture is given in whole or in part, shall be commenced within one year next after the offence was committed, and not afterwards. SECT. 16. If not so prosecuted by any individual, a prosecution Limitation of by suit, indictment or information may be commenced therefor, in state, or indict- the name and for the use of the state, at any time within two years ments on penal next after the offence was committed, and not afterwards. suits by the statutes. 1821, 62, § 14. SECT. 17. The time, when a writ is actually made, with an What is a com- intention of service, shall be deemed the commencement of a suit in respect to the limitations of this chapter. mencement of an action. 1821, 62, § 10. tended, in ca ses of fraud. 3 Mass. 201. SECT. 18. If any person, liable to any of the actions mentioned Limitation ex- in this chapter, shall fraudulently conceal the cause of such action from the knowledge of the person entitled thereto, or, if a fraud shall be committed, which entitles any person to an action, in either case, the action may be commenced at any time within six years after the person, entitled thereto, shall discover that he has just cause of action, but not afterwards. 3 Greenl. 405. 7 Greenl. 370. 9 Greenl. 131. Renewal of promise must be in writing. 14 Mass. 425. 15 Maine, 360, 443. 13 Pick. 206. 22 Pick. 291. SECT. 19. In actions of debt or upon the case, founded upon any contract, no acknowledgment or promise shall be allowed, as evidence of a new or continuing contract, 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 an express one, and made or contained in some writing, signed by the party chargeable thereby. New promise SECT. 20. If there are two or more joint contractors, no such by one, not to deprive another contractor, executor or administrator, shall lose the benefit of the joint promiser provisions of this chapter, so as to be chargeable by reason only of the limitation. any acknowledgment or promise, made or signed by any other or of the benefit of 16 Mass. 429. Judgment, when the action is others of them. SECT. 21. In actions, commenced against two or more joint barred as to one contractors, if it shall appear on trial, or otherwise, that the plaindefendant, and tiff is barred by the provisions of this chapter, as to one or more of the defendants, but is entitled to recover against any other or others not the others. 7 Greenl. 26. 15 Maine, 390. of them, by virtue of a new acknowledgment or promise or other- CHAP. 146. wise, judgment shall be rendered for the plaintiff, as to any of the 3 Pick. 291. defendants against whom he has a right to recover, and for the other defendant or defendants against the plaintiff. defendants shall barred against SECT. 22. If, in any action on contract, the defendant shall Non joinder of plead in abatement, that any other person ought to have been jointly not abate a suit, sued, and issue be joined on that plea, and if it shall appear, on the if the action be trial, that the action was, by reason of the provisions of this chapter, the one not su barred against the person so named in the plea, the said issue shall ed. be found for the plaintiff. dorsements of partial pay ments. SECT. 23. Nothing, contained in the preceding four sections, Effect of inshall alter, take away, or lessen the effect of payment of any principal or interest, made by any person; but no indorsement or memorandum of any such payment, written or made on any promissory note, bill of exchange, or other writing, by or on behalf of the party, to whom such payment shall be made, or purport to be made, shall be deemed sufficient proof of payment, so as to take the case out of the operation of the provisions of this chapter. except those SECT. 24. If there are two or more joint contractors, or joint No promiser afexecutors or administrator of any contractors, no one of them shall fected thereby, lose the benefit of the provisions of this chapter, so as to be charge- making the payable by reason only of any payment, made by any other or others of them. ments. SECT. 25. Every judgment and decree of any court of record Presumption of of the United States, or of this or any other state, or of a justice twenty years. payment after of the peace in this state, shall be presumed to be paid and satis- 22 Pick. 533. fied, at the expiration of twenty years after any duty or obligation accrued by virtue of such judgment or decree, to do or perform the matter or thing, therein required. SECT. 26. All the provisions of this chapter shall apply to the case of debt or contract, alleged or filed by way of set off, on the part of the defendant; and the time of such limitation of such debt or contract shall be computed in like manner, as if an action had been commenced therefor, at the time when the plaintiff's action was commenced, unless the defendant be deprived of the benefit of the set off, by the nonsuit or other act of the plaintiff; and, when the party so filing the set off, is thus defeated of a judgment on the merits of such debt or contract, he may commence a new action thereon within the time limited, as provided in the twelfth section of this chapter, for bringing a new action for the reasons therein mentioned. Application of this chapter to set offs. 1821, 62, § 13. 18 Pick. 521. promises, here SECT. 27. None of the provisions of this chapter, respecting This chapter the acknowledgment of a debt, or a new promise to pay it, shall not to affect apply to any such acknowledgment or promise, made before this tofore made. chapter shall take effect as law; but every such last mentioned acknowledgment or promise, though not in writing, shall have the same effect, as if no provision, relating thereto, had been made, as contained in this chapter. fendant be out of the state. SECT. 28. If, at the time when any cause of action, mentioned Provision, if dein this chapter, shall accrue against any person, he shall be out of the state, the action may be commenced within the time herein limited therefor, after such person shall come into the state, and if, 1821, 62, § 9. 16 Pick. 359. 10 Mass. 29. 18 Pick. 532. CHAP. 146. after any cause of action shall have accrued, the person against whom it shall have accrued, shall be absent from, and reside without the state, the time of his absence shall not be taken, as any part of the time limited for the commencement of the action. Limitation of actions against executors and 13 Mass. 201. 1 Greenl. 156. 3 Greenl. 17. 5 Greenl. 108. 14 Maine, 254, 320. 4 Pick. 283. 5 Pick. 140, 321. 6 Pick. 276. 8 Pick. 108, 394. SECT. 29. No executor or administrator, after having given bond and notice of his appointment, as provided in chapter, one hundred and twenty, shall be held to answer to the suit of any creditor of the deceased, unless it shall be commenced within four years from the time of his giving bond, as aforesaid; excepting in the cases mentioned in said one hundred and twentieth chapter, where the provisions are distinctly stated. barredin twenty CHAPTER 147. OF LIMITATIONS OF REAL ACTIONS AND OF RIGHTS OF ENTRY. SECT. 1. Rights of entry and of action, bar- SECT. 10. Time, when the foregoing limita red in twenty years. 2. From what time computation is to 3,4,5. When such right shall be deemed to have accrued. 6. When action may be brought by a certain other disabled persons. entitled,die during such disability. tions shall take effect. Saving, as to minors, and certain others. 11. What shall constitute such a disseizin as to bar the right of recov ery. 12. Limitation of actions by the state. 13. Limitations not to take effect, in certain cases, where first suit fails. 14. Right of way, or other easement, when acquired by adverse user. 15. Notice, to prevent such acquisition. 16. Such notice, how given. Rights of entry SECTION 1. No person shall commence any real or mixed action and of action, for the recovery of lands, or make an entry thereon, 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, under or from whom he claims, shall have been seized or possessed of the premises; except as hereinafter provided. From what time computation is to be made. 14 Maine, 163. When such right shall be SECT. 2. If such right or title first 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. SECT. 3. In the construction of this chapter, the right of entry, deemed to have or of action to recover land, shall be deemed to have first accrued at the respective times hereinafter mentioned: accrued. First. When a person shall be disseized, his right of entry shall be deemed to have accrued at the time of such disseizin; Second. 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 the 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 CHAP. 147. estate shall expire, or when it would have expired, by its own limitation; Third. When there is such an intermediate estate, and, in all cases, when 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 estate would have expired by its own limitation, notwithstanding any forfeiture thereof, for which he might have entered at an earlier time. SECT. 4. The preceding clause shall not prevent any person Same subject. from entering, when entitled to do so, by reason of any forfeiture or breach of condition; but, if he claims under such a title, his right shall be deemed to have accrued, when the forfeiture was incurred, or the condition broken. SECT. 5. In all cases not specially provided for, the right of Same subject. entry 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. SECT. 6. If any minister or other sole corporation shall be dis- When action seized, any of his successors may enter upon the premises, or may by a minister, or may be brought bring an action for the recovery of them, at any time within five other sole coryears after the death, resignation or removal of the person disseized, poration. notwithstanding the twenty years after the disseizin shall have expired. of infants, and other disabled persons. 13 Maine, 397. 1821, 62, § 4. SECT. 7. If, at the time when such right of entry, or of action Saving, in favor upon or for any lands, shall first accrue, the person, entitled to such 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. first entitled, 1821, 62, § 4. disability. SECT. 8. If the person, first entitled to make such entry or Further saving, bring such action, shall die during the continuance of any of the if the person, disabilities mentioned in the preceding section, and no determination die during such or judgment shall have been had of or upon the title, right or action which accrued to him, the entry may be made, on [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 elapsed; but no such further time for making such entry, or bringing such action, beyond what is herein before prescribed, shall be allowed, by reason of the disability of any other person. or remainder limitation. SECT. 9. When a tenant in tail, or a remainder man in tail, Consequence, if shall die, before the expiration of the period herein before limited tenant in tail, for making any entry, or bringing an action for lands, no person man, die before claiming any estate, which such tenant in tail or remainder man expiration of the might have barred, shall make an entry, or bring an action, to 6 recover such land, but within the period, during which the tenant in tail, or remainder man, if he had so long lived, might have made such entry, or brought such action. Mass. 328. CHAP. 147. tations shall take effect. Saving, as to minors, and SECT. 10. The limitations, herein before prescribed, as to the Time, when the time, within which an action may be brought to recover any land, foregoing limi- shall take effect from and after the first day of April, in the year one thousand, eight hundred and forty three; and, if any person, who shall then be entitled to bring any real action, which is to be certain others. abolished after that day, as is mentioned in chapter, one hundred and forty five, shall then be within the age of twenty one years, a married woman, insane, imprisoned, or without the limits of the United States, the action may be brought at any time within five years after such disability shall cease, or after the death of the person, so disabled: provided, that no such action shall be maintained, after it would have been barred by the statutes of limitation in force, and immediately before the time when this chapter shall become a law. 16 Pick. 161. What shall constitute such a disseizin, as to bar the right of recovery. 1821, 62, § 6. 4 Mass. 416. SECT. 11. To constitute a disseizin, or such exclusive and adversary possession of lands, as to bar or limit the right of the true owner thereof to recover the same, it shall not be necessary, that such lands shall be surrounded with fences, or rendered inaccessible by water; but it shall be sufficient, if the possession, occu13 Maine, 131. pation and improvement are open and notorious, and comporting with the ordinary management of a farm; although that part of the same, which composes the woodland belonging to such farm, and used therewith as a wood lot, shall not be inclosed as before mentioned. 10 Mass. 146. Limitation of state. SECT. 12. No real or mixed action, for the recovery of any actions by the lands, shall be commenced by or on behalf of the state, unless within twenty years from and after the day, on which this chapter shall become a law, or within twenty years next after the time of the accruing of the title to the state. Limitations not to take effect, in certain cases, where first suit fails. SECT. 13. When any writ, in a real or mixed action, shall fail of sufficient service or return by an unavoidable cause, or by the default or negligence of any officer to whom it was delivered, or directed for service, or when such writ shall be abated, or the action otherwise avoided or defeated for any matter of form, or by the death or intermarriage or other disability of either party, accruing since the last continuance, or if a judgment for the demandant shall be reversed on a writ of error, the demandant may commence a new action, at any time within six months after abatement or determination of the first suit, or reversal of the judgment of the same. SECT. 14. No person shall acquire any right or privilege of way, other easement, air or light, or any other easement, from, in, upon or over the land when acquired by adverse user. of another, by the adverse use and enjoyment thereof; unless such use shall have been continued, uninterrupted for twenty years. Right of way, or Notice, to prevent such acquisition. Such notice, how given. SECT. 15. The owner of the land, in such cases, for the purpose of preventing such right, as is mentioned in the preceding section, may give notice, in writing, to the person claiming such right or privilege, of his intention to contest such right or easement ; and such notice, being served and recorded, as hereinafter stated, shall be deemed an interruption of such use, and prevent the acquisition of a right thereto, by continuance of the use thereof for any length of time. SECT. 16. Such notice may be given by an officer, as in civil |