real or possessory actions, shall be out of this State, at the time of the cause of such action accruing, or any time during which a suit might be sustained, on such cause of action, then the person or persons who shall be entitled to such action, shall be at liberty to bring the same against such person or persons, after his, her, or their return to this State, and the time of such person's absence shall not be accounted or taken as a part of the time limited by this

act.

SECT. 9. That if in any of the said actions, specified in any of the preceding sections of this act, judgment be given for the plaintiff, and the same be reversed by writ of error, or upon appeal, or if a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment, the judgment be given against the plaintiff; or if the plaintiff be nonsuited, then, if the time limited for bringing such action shall have expired during the pendency of such suit, the said plaintiff, his or her heirs, executors, or administrators, as the case shall require, may commence a new action within one year after such judgment reversed or given against the plaintiff, and not after.

MICHIGAN.

Limitations of Real Actions and Rights of Entry. (Revised Statutes, 1838.)

SECTION 1. No person shall commence an action for the recovery of any lands, nor make an entry thereupon, unless within twenty years after the right to make such entry or bring such action first accrued, or within twenty-five years after he or those from, by or under whom he claims, shall have been seized or possessed of the premises, except as is hereinafter provided. *SECT. 2. If such right or title 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-five years shall be computed from the time when the right or title so first accrued to such ancestor, predecessor, or other person.

[* cxxix]

SECT. 3. In the construction of this chapter, the right to make an entry or bring an action to recover land, shall be deemed to have first accrued at the times respectively hereinafter mentioned, that is to say,

First. Whenever any person shall be disseized, his right of entry or of action shall be deemed to have accrued at the time of such disseizin.

Second. When he claims as heir or devisee of one who died siezed, his right shall be deemed to have accrued at the time of such death, unless there is a tenancy by 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 estate shall expire, or when it would have expired by its own limitation.

Third. When there is such an intermediate estate, and in all other 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 or precedent estate would have expired by its own limi

tations, notwithstanding any forfeiture thereof, for which he might have entered at an earlier time.

Fourth. The preceding clause shall not prevent any person 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 was broken.

Fifth. In all cases not otherwise provided for, the right 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. 4. If any minister, or other sole corporation, shall be disseized, any of his successors may enter upon the premises, or may bring an action for the recovery thereof, at any time within five years after death, resignation, or removal of the person so disseized, notwithstanding the twenty-five years after such disseizin shall have expired.

SECT. 5. If the person first entitled to make such entry or bring such action, shall die, within the age of twenty-one years, or be a married woman, insane, imprisoned in the state prison, or absent from the United States, and no determination or judgment shall have been had of or upon the title, right or action, which accrued to him, the entry may be made 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-five years shall have expired.

SECT. 6. No person shall be deemed to have been in possession of any lands, within the meaning of this chapter, merely by reason of [* cxxx] having made an entry thereon, unless he shall have continued in open

and peaceable possession of the premises, for the space of one year next after such entry, or unless an action shall be commenced upon such entry and seizin, within one year after he shall be ousted or dispossessed of the premises.

SECT. 7. The limitations hereinbefore prescribed as to the time within which an action may be brought to recover any land, or an entry may be made thereupon, shall take effect from and after the thirty-first day of August, in the year of our Lord one thousand eight hundred and thirty-eight; and no action for the recovery of any land, nor any entry thereupon, shall be brought or made after the said thirty-first day of August, in any case where such action or entry shall be or shall have been barred on or before that day, by the statute of limitation in force at and immediately preceding the time when this chapter shall take effect as law.

SECT. 8. Where the cause or right of action or entry shall have accrued before the time when this chapter shall take effect as law, [the same] shall not be affected by this chapter, but all such causes of actions shall be determined by the law under which such right of action accrued.

SECT. 9. No descent or discontinuance, which may hereafter occur, shall take away or defeat any right of entry, or of action, for the recovery of real

estate.

SECT. 10. When notice shall be given, to prevent the acquisition of a right or privilege of way, air or light, such notice shall be considered so far a disturb

ance of the right in question, as to enable the party claiming such right, to bring an action of the case, as for a nuisance or disturbance for the purpose of trying the right; and if the plaintiff in such action shall prevail, he shall be entitled to full costs, although he should recover only nominal damages.

SECT. 11. If any action of which the amercement is limited by this chapter, shall be abated by the death of any party thereto, or if, after verdict for the demandant or plaintiff, the judgment shall be arrested, or if judgment in any such action be giyen 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.

Personal Actions.

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: First. All actions of debt, founded upon any contract, or liability not under

seal, except such as are brought upon the judgment, or decree of [* cxxxi] some court of record, or of general equity jurisdiction, of the United States, or of this or some other of the United States.

Second. All actions upon judgments rendered in any court, other than those above excepted.

Third. All actions for arrearages of rent.

Fourth. All actions of assumpsit, or upon the case, founded on any contract or liability, express or implied.

Fifth. All actions for waste.

Sixth. All actions of replevin and trover, and all other actions for taking, detaining, or injuring goods or chattels.

Seventh. All other actions on the case, except actions for slanderous words or for libels.

SECT. 2. All actions for trespass upon land, or for assault and battery, and 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.

SECT. 3. All actions against sheriffs, for the misconduct or neglect of their . deputies, shall be commenced within four years next after the cause of action shall accrue, and not afterwards.

SECT. 4. None of the foregoing provisions shall apply to any action brought upon any bills, notes, or other evidences of debt, issued by any bank.

SECT. 5. In all actions of debt or assumpsit, brought to recover the balance due upon mutual and open account current, the cause of action shall be deemed to have accrued at the time of the last item proved in such account.

SECT. 6. If any person, entitled to bring any of the actions before mentioned in this chapter, shall at the time when the 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.

SECT. 7. All personal actions on any contract, not limited by the foregoing sections, or by any other law of this State, shall be brought within twenty years after the accruing of the cause of action.

SECT. 8. When any person shall be disabled to prosecute an action in the courts of this State, by reason of his being an alien, subject or citizen of any country at war with the United States, the time of the continuance of such war shall not be deemed any part of the respective periods herein limited for the commencement of any of the actions before mentioned.

SECT. 9. If at the time when any cause of action mentioned in 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 this State; and if, after any cause of action shall have accrued, the person against whom it has accrued shall be absent * from and [* cxxxii] 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.

SECT. 10. If any person entitled to bring any of the 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, as the case may be, at any time within two years after the granting of the letters testamentary, or of administration, and not afterwards, if barred by the provisions of this chapter.

SECT. 11. If in any action, duly commenced within the time limited in this chapter and allowed therefor, the writ 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 shall 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 action within said one year.

SECT. 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 six years after the person who is entitled to bring the same shall discover that he has such cause of action, and not afterwards.

SECT. 13. In actions of debt or upon the case, founded on any contract, no acknowledgment or promise shall be evidence of a new or continuing contract, whereby to take a 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 made or contained by or in some writing, signed by the party to be charged thereby.

SECT. 14. If there are two or more joint contractors, or joint executors or administrators of any contractor, no such joint contractor, 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.

SECT. 15. In actions commenced against two or more joint contractors, or joint executors or administrators of 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 is entitled to recover against any other or others of them, by virtue of a new acknowledgment or promise, or [* cxxxiii] otherwise, judgment shall be given for the plaintiff as to any of the defendants against whom he is entitled to recover, and for the other defendant or defendants against the plaintiff.

SECT. 16. If in any action or contract, the defendant shall plead in abatement, that any other person ought to have been jointly sued, it shall be a good replication to such plea, if true in fact, that the action was, by reason of 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.

SECT. 17. Nothing contained in the four preceding sections shall alter, take away, or lessen the effect of a payment of any principal or interest, made by any person; but no indorsement 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.

SECT. 18. If there are two or more joint contractors or joint executors or administrators of any contractor, no one 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.

SECT. 19. All the provisions of this chapter shall apply to the case of any debt or contract, alleged by way of set-off on 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 by reason of the provisions of this chapter, before the origin of the claim or demand, upon which such defendant was sued.

SECT. 20. The limitation herein before prescribed for the commencement of actions, shall apply to the same actions, when brought in the name of the State, or the people of the 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 citizens.

SECT. 21. All actions and suits, for any penalty or forfeiture on any penal statute, brought by any person, to whom the penalty or forfeiture is given in the whole or in part, shall be commenced within one year next after the offence was committed, and not afterwards.

SECT. 22. If the penalty or forfeiture is given in whole or in part to the State, a suit therefor may be commenced by, or in behalf of the State, at any time within two years after the offence committed, and not afterwards.