premises for at least one year next after such entry, or unless an action shall be commenced upon such entry and seizen, within one year after he shall be ousted or dispossessed of the premises. before this Chap 2 Doug. Mich., 20 Barb., 35. a batement, re (5358.) SEC. 9. When the right of action or entry shall have Rights accrued accrued before the time when this chapter shall take effect as ter takes effect. 1839, p. 233. a law, the same shall not be affected by this chapter; but all 1843, p. 43. such actions and rights shall be governed and determined 307. according to the law under which the right accrued, in respect to the limitation of such actions or rights of entry. (5359.) SEC. 10. If any action, of which the commencement Action after is limited by this chapter, shall be abated by the death of any versal, etc. party thereto, or if, after verdict for the demandant or plaintiff, 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. ple of this State. Mass., 528. (5360.) SEC. 11. No suit for the recovery of any lands, shall Suits by the Peobe 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. SECTION 5369. Case of Defendants out of the State. 5371 Remedy in case of reversal, arrest cf judg- 5372. Fraudulent concealment by Defendant. 5374. Promise by one of several joint con- 5375, 5376. Proceedings in actions against such 5377. Effect of part payment. SECTION 5379. Limitation of demands alleged as set-offs. 5384. Presumption of payment of a judgment. 5386. Time suit pending in Chancery not to be computed under limitation Laws. Certain actions to be brought with- 2 Gallis, 477. 6 McLean, 189. 2 Mich. Rep., 165. Chapter One Hundred and Forty of Revised Statutes of 1846. (a) (5361.) 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 2 Cushing, 92, 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; Certain actions to be brought 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. (5362.) SEC. 2. All actions for trespass upon land, or for within two years. 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. Sheriffs, etc. 9 Greenl., 74. Actions against (5363.) 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. Exceptions. (5364.) 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. (a) For a reference to prior Statutes of Limitation, see note (a) to Chapter 164. current. 3 Pick, 97. (5365.) SEC. 5. In all actions of debt or assumpsit, brought Cases of accounts to recover the balance due upon a mutual and open account 2 Mass., 217. current, the cause of action shall be deemed to have accrued s do. 187. at the time of the last item proved in such account. 6 do. 362. 14 Mass., 203. (5366.) SEc. 6. If any person entitled to bring any of the Disabilities. actions mentioned in this chapter, shall, at the time when the 17 dɔ. 180. 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. tion. (5367.) SEC. 7. All personal actions on any contract, not General limitalimited by the foregoing sections, or by any law of this State, shall be brought within ten years after the accruing of the cause of action, and not afterwards. 3 (5368.) SEC. 8. When any person shall be disabled to Suits by aliens. prosecute an action in the Courts of this State, by reason of Cranch, 454. his being an alien, subject or citizen of any county 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 3 Mass., 271. 17 do. 55. 21 Barb., 593. (5369.) SEC. 9. If at the time when any cause of action Case of defend mentioned in this chapter, shall accrue against any person, he state. shall be out of the State, the action may be commenced within do. 515. the time herein limited therefor, after such person shall come 1 Pick., 263. into this State, and if after any cause of action shall have accrued, the person against whom it shall have 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. (5370.) SEC. 10. If any person entitled to bring any of the Case of death of actions before 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. Remedy in case of reversal, ar etc. 2 Pick., 605. 1 Mich. Rep, 252. (5371.) SEC. 11. If, in any action, duly commenced within rest of judgment, the time limited in this chapter, and allowed therefor, the writ or declaration shall fail of a sufficient service or return, by any, unavoidable accident, or by any 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 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. Fraudulent con cealment by defendant. 3 Mass., 201. 1 Pick., 435. 3 do. 73. 20 J. R., 33. New promise, etc., to be in 1 Doug. Mich., 374. 3 Mich. Rep., 261. do. 1 (5372.) SEC. 12. If any person who is liable to any of the actions mentioned in this chapter, shall fraudulently conceal the cause of such action from the knowledge of the person entitled thereto, the action may be commenced at any time within two years after the person who is entitled to bring the same shall discover that he has such cause of action, although such action would be otherwise barred by the provisions of this chapter. (5373.) SEC. 13. In actions founded upon contract express writing. or implied, no acknowledgment or promise shall be evidence of a continuing contract, whereby to take a case out of the 40. 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. Promise by one of several joint contractors. 2 Pick., 581 3 do. 291. 4 do. 382. 7 Greenl., 26. Proceedings in actions against (5374.) SEC. 14. If there be two or more joint contractors or joint executors or Administrators of any contractor, no such joint executor or Administrator shall lose the benefit of the provisions of this chapter, so as to be chargeable, by reason of any acknowledgment or promise, made or signed by any other or others of them. (5375.) SEC. 15. In actions commenced against two or more such joint con- joint contractors, or joint executors or Administrators of tractors. any contractor, if it shall appear on the trial or otherwise, that the plaintiff is barred by the provisions of this chapter, as to one or more of the defendants, but entitled to recover against any other or others of them, by virtue of a new acknowledgment or promise, or otherwise, judgment shall be given for the plain tiff as to any of the defendants against whom he is entitled to recover, and for the other defendant or defendants against the plaintiff. actions against tractors. (5376.) SEC. 16. If, in any action on contract, the defendant Proceedings in shall plead in abatement that any other person ought to have such joint conbeen jointly sued, it shall be a good replication to such plea, if true in fact, that the action was, by the provisions of this chapter, barred against the person so named in the plea, but not so barred by reason of such acknowledgment or promise, as against such defendant. payment. 4 Glman, 108. (5377.) SEC. 17. Nothing contained in the four preceding Effect of part sections shall alter, take away, or lessen the effect of a pay-3 Mich. Rep., 261. ment of any principal or interest, made by any person; but no endorsement or memorandum of any such payment, written or made upon 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 the payment, so as to take the case out of the operation of the provisions of this chapter. contractors. (5378.) SEC. 18. If there are two or more joint contractors, In case of joint or joint executors or Administrators of any contractor, no one 1 Kernan, 176. of them shall lose the benefit of the provisions of this chapter, so as to be chargeable by reason only of any payment made by any other or others of them. mands alleged as (5379.) SEC. 19. All the provisions of this chapter shall apply Limitation of deto the case of any debt or contract alleged by way of set-off on set offs. the part of a defendant; and the time of the limitation of such debt shall be computed in like manner as if an action had been commenced therefor, at the time when the plaintiff's action was commenced, provided such debt or contract would have been barred according to law, before the accruing of the claim or demand upon which such defendant is sued. (5380.) SEC. 20. The limitations hereinbefore prescribed for Limitation of the commencement of actions, shall apply to the same actions ple, etc. when brought in the name of the People of this State, or in the name of any officer or otherwise, for the benefit of the State, in the same manner as to actions brought by individuals. suits by the Peo suits for penal (5381.) SEC. 21. All actions and suits for any penalty or for- Limitation of feiture on any penal statute, brought in the name of the People ties. of this State, shall be commenced within two years next after the offence was committed, and not afterwards, except in the cases mentioned in the next section. |