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CHAPTER III.

Amended 1949.

Within

Amended

The time of commencing actions other than for the re

covery of real property. SECTION 89. Periods of limitation prescribed.

90. Within twenty years.
91. Within six years.
92. Within three years.
93. Within two years.
94. Within one year.
95. When cause of action accrued, in an action upon a current ac-

count.
96. Actions for penalties, &c., by any person who will sue, when

to be brought.
97. Actions for relief, not before provided for.
98. Actions by the people, subject to the same limitation.

Periods of $89. [Sec. 69.] The periods prescribed in section seventy

limitation four for the commencement of actions other than for the prescribed. recovery of real property, shall be as follows: $ 90. [Sec. 70.] Within twenty years :

twenty 1. An action upon a judgment or decree of any court of years. the United States, or of any state or territory within the 1849. United States.

2. An action upon a sealed instrument. $91. [Sec. 71.] Within six years :

Within six 1. An action upon a contract, obligation or liability, Amended express or implied; excepting those mentioned in section 1849. 90,

2. An action upon a liability created by statute, other than a penality or forfeiture.

3. An action for trespass upon real property.

4. An action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property.

5. An action for criminal conversation, or for any other injury to the person or rights of another, not arising on contract, and not hereinafter enumerated.

6. An action for relief, on the ground of fraud; in cases which heretofore were solely cognizable by the court of chancery; the cause of action in such case not to be

years.

Within

three years

Amended 1849.

deemed to have accrued, until the discovery by the aggrieved party, of the facts constituting the fraud.

$92. [Sec. 72.] Within three years :

1. An action against a sheriff, coroner or constable, upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty; including the non-payment of money collected upon an execution. But this section shall not apply to an action for an escape.

2. An action upon a statute, for a penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the people of this state, except where the statute imposing it prescribes a different limitation.

§ 93. [Sec. 73.] Within two years :

1. An action for libel, slander, assault, battery, or false imprisonment.

2. An action upon a statute, for a forfeiture or penalty to the people of this state.

§ 94. [Sec. 74.] Within one year:

1. An action against a sheriff or other officer, for the escape of a prisoner arrested or imprisoned on civil pro

Within two years,

Within one year.

cess.

When

an on a current account.

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Actions for

$ 95. [Sec. 75.) In an action brought to recover a balance cause of due upon a mutual, open and current account, where there action up" have been reciprocal demands between the parties, the cause

of action shall be deemed to have accrued from the time of Amended the last item proved in the account on either side.

$96. [Sec. 76.] An action upon a statute for a penalty or &c. by any forfeiture, given in whole or in part to any person who will will sue. prosecute for the same, must be commenced within one

year after the commission of the offence; and if the action be not commenced within the year by a private party, it may be commenced within two years thereafter, in behalf of the people of this state, by the attorney-general or the district attorney of the county where the offence was committed.

person who

;

$97. [Sec. 77. An action for relief, not hereinbefore pro- Actions for vided for, must be commenced within ten years after the before procause of action shall have accrued. $98. [Sec. 78.] The limitations prescribed in this chapter Actions by

the people shall apply to actions brought in the name of the people subject to

limitation. of this state or for their benefit, in the same manner as to actions by private parties.

Amended 1849.

CHAPTER IV.
General Provisions as to the time of commencing Actions.
SECTION 99. When action deemed to have been commenced.

100. Exception, where defendant is out of the state.
101. Exception, as to persons under disabilities.
102. Provision where person entitled, dies before the limitation

expires.
103. In suits by aliens, time of war to be deducted.
104. Provision, where judgment has been reversed.
105. Time of stay of action by injunction or statutory prohibition

to be deducted.
106. Disability must exist when right of action accrued.
107. Where two or more disabilities, limitation does not attach,

till all removed.
108. This title, not applicable to bills, &c., of corporations, or to

bank notes.
109. Nor to actions against directors or stockholders of monied

corporations or banking associations. Limitations in such

cases prescribed. 110. Acknowledgment or new promise must be in writing. $ 99. [Sec. 79.An action is commenced as to each de- When acfendant when the summons is served on him, or on a co-defen-ed to have dant, who is a joint contractor, or otherwise united in interest, menced. with him.

1849, 1851. An attempt to commence an action, is deemed equivalent to the commencement thereof, within the meaning of this title, when the summons is delivered, with the intent that it shall be actually served, to the sheriff or other officer of the county, in which the defendants, or one of them, usually or last resided ; or if a corporation be defendant, to the sheriff, or other officer of the county, in which such corporation was established by law, or where its general business was transacted, or where it kept an office for the transaction of business. But such an attempt must be followed by the first publication of the summons, or the service thereof within sixty days.

been com

Amended

where de

as to per

der disabil

A suit is not deemed commenced, so as to institute a proceeding under the act to abolish imprisonment for debt, before the summons is served on the defendant, there being neither personal service or publication. Lee vs. Averell, 1 Sand. 731; McEwens, ex'r, vs. Public Administrator, 3 Code

Rep. 139. Exeeption § 100. [Sec. 80.] If, when the cause of action shall accrue fendants against any person, he shall be out of the state, such action may State.

be commenced within the times herein respectively limited after Amended the return of such person into this state; and if, after such

.

cause of action shall have accrued, such person shall depart from and reside out of this state, the time of his absence shall not be deemed or taken as any part of the time limited for the

commencement of such action. Exception § 101. [Sec. 81.] If a person entitled to appeal or bring an persons un action mentioned in the last chapter, except for a penalty or ities.

forfeiture, or against a sheriff or other officer for an escape, Amedded, be at the time the cause of action accrued, either: 1849, 1851.

1. Within the age of twenty-one years; or
2. Insane; or

3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life; or

4. A married woman;.

The time of such disability is not a part of the time limited for the commencement of the action, except that the period within which the action must be brought, can not be extended more than give years by any such disability, except infancy, nor can it be so extended in any case longer than one year after the disability ceases.

§ 102. [Sec. 82.) If a person entitled to bring an action son enti- die before the expiration of the time limited for the com

mencement thereof,and the cause of action survive,an action pires.

may be commenced by his representatives, after the expiration of that time, and within one year 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 survives, an action may

Provision where per

fore limita

tion ex.

Amended 1949.

war to be deducted.

reversed.

stay by in

prohibition ducted.

1849.

be commenced against his executors or administrator, after the expiration of that time, and within one year after the issuing of letters testamentary, or of administration.

§ 103. [Sec. 83.] When a person shall be an alien subject In actions or citizen of a country at war with the United States, the time of time of the continuance of the war shall not be part of the period limited for the commencement of the action.

$ 104. [Sec. 84.] If an action shall be commenced within Provisions the time prescribed therefor, and a judgment therein for the food ment plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survive, his heirs or representatives may commence a new action within one year after the reversal.

§ 105. [Sec. 85.) When the commencement of an action Time of shall be stayed by injunction, or statutory prohibition, the uafuion or time of the continuance of the injunction or prohibition to be deshall not be part of the time limited for the commencement Amended of the action

Disability § 106. [Sec. 86.) No person shall avail himself of a dis-must exist ability unless it existed when his right of action accrued. accrued.

§ 107. [Sec. 87.] When two or more disabilities shall Where co-exist, at the time the right of action accrues, the limi- must be re

abilities, all tation shall not attach until they all be removed.

§ 108. [Sec. 88.] This title shall not affect actions to This title enforce the payment of bills, notes or other evidences of cable to debt issued by monied corporations, or issued or put in of corporacirculation as money. § 109. [Sec. 89.] This title shall not affect actions against actions

against didirectors or stockholders of a monied corporation, or bank-rectors,&c. ing associations, to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within six years after the discovery, by 1 imitation the aggrieved party, of the facts upon which the penalty or forfeiture attached, or the liability was created. $ 110. [Sec. 90.] No acknowledgment or promise shall Acknow

ledgment be sufficient evidence of a new or continuing contract, or new

several dis

movei. Amended 1849.

bills, &c.,

tions or to bank notes.

Nor to

of monied

corpora- tions or

banking associations.

in ses prescribed Amended 1849.

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