LIMITATION OF ACTIONS IN THE UNITED STATES.

NEW ENGLAND STATES.

MAINE.

Personal Actions. (Revised Statutes, Ch. 146.)

SECTION 1. The following actions shall be commenced within [*xxxiii] six years next after the cause of action shall accrue, and not afterwards, namely:

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 some court of record of the United States, or of this, or some other of the United States, or of some justice of the peace in this State;

Second. All actions upon judgments, rendered in any court, not being a court of record, except justices of the peace in this State;

Third. All actions for arrears of rent;

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

Fifth. All actions for waste and all actions of trespass on land, and all actions of trespass, except those of trespass for assault, battery, and false imprisonment;

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

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

SECT. 2. All actions against a sheriff, except for escape of prisoners committed on execution, for the negligence or misconduct of his deputies, shall be commenced within four years next after the cause of the action shall accrue.

SECT. 3. All actions of 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.

SECT. 4. All actions, for the escape of prisoners committed on execution, shall be actions on the case, and shall be commenced within one year after the cause of action shall accrue.

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*SECT. 5. No scire facias shall be served on bail, unless within one year next after judgment rendered against the principal.

SECT. 6. All actions against an indorser of a writ must be commenced within one year, next after judgment entered in the original action.

SECT. 7. None of the foregoing provisions shall apply to any action brought upon a promissory note, which is signed in the presence of an attesting witness, nor to an action brought upon any bills, notes, or other evidences of debt, issued by any bank.

SECT. 8. Nor shall any of the provisions in this chapter be construed to apply to any case or suit, which by any particular statute is limited to be commenced within a different specified time, but such suits may be commenced within such time.

SECT. 9. In all actions of debt or assumpsit, brought to recover the balance due upon a 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. 10. If any person, entitled to bring any of the before-mentioned actions, shall, at the time when the cause of action accrues, be within the age of twenty-one years, a married woman, insane, imprisoned, or without the limits of the United States, such person may bring the actions within the times in this chapter respectively limited, after the disability shall be removed.

SECT. 11. All personal actions on any contract, not limited by any of the foregoing sections, or any other law of the State, shall be brought within twenty years after the accruing of the cause of action.

SECT. 12. When a writ shall fail of a sufficient service or return by any unavoidable accident, or by the default or negligence of any officer, to whom it was delivered or directed; or when such writ shall be abated, or the action otherwise avoided and defeated, for any matter of form, or by the death of either party; or, if a judgment for the plaintiff shall be reversed on a writ of error; in such cases, the plaintiff may commence a new action, on the same demand, within six months after the abatement or determination of 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.

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.

[*XXXV] *SECT. 14. If any person shall be disabled to prosecute an action 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.

SECT. 15. 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

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 by suit, indictment, or information, may be commenced therefor, in the name and for the use of the State, at any time within two years next after the offence was committed, and not afterwards.

SECT. 17. The time, when a writ is actually made, with an intention of service, shall be deemed the commencement of a suit in respect to the limitations of this chapter.

SECT. 18. If any person, 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, 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 years after the person, entitled thereto, shall discover that he has just cause of action, but not afterwards.

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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 acknowlment or promise be an express one, and made or contained in some writing, signed by the party chargeable thereby.

SECT. 20. If there are two or more joint contractors, no such contractor, executor, or administrator, shall lose the benefit of the provisions of this chapter, so as to be chargeable by reason only of any acknowledgment or promise, made or signed by any other or others of them.

SECT. 21. In actions, commenced against two or more joint contractors, if it shall appear on 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 otherwise, judgment shall be rendered for the plaintiff, as to any of the defendants against whom he has a right to recover, and for the other defendant or defendants against the plaintiff.

SECT. 22. If, in any action on contract, the defendant shall plead in abatement, that any other person ought to have been jointly sued, and issue be joined on that plea, and if it shall appear, on the trial, that the action was, by reason of the provisions of this chapter, barred against the person [*xxxvi] so named in the plea, the said issue shall be found for the plaintiff.

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SECT. 23. Nothing, contained in the preceding four sections, shall 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.

SECT. 24. If there are two or more joint contractors, or joint executors or administrator of any contractors, 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. 25. Every judgment and decree of any court of record of the United States, or of this or any other State, or of a justice of the peace in this State, shall be presumed to be paid and satisfied, 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 limitations 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.

SECT. 27. None of the provisions of this chapter, respecting the acknowledgment of a debt, or a new promise to pay it, shall apply to any such acknowledgment or promise, made before this 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.

SECT. 28. 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 the 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 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.

[*xxxvii] *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.

Real Actions. (Revised Statutes, Ch. 147.)

SECTION 1. No person shall commence any real or mixed 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.

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, or of action to recover land, shall be deemed to have first accrued at the respective times hereinafter mentioned:

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 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 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 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 prem- [* xxxviii] ises under the title, upon which the entry of action is founded.

SECT. 6. 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 of them, at any time within five years after the death, resignation, or removal of the person disseized, notwithstanding the twenty years after the disseizin shall have expired.

SECT. 7. If, at the time when such right of entry, or of action 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.

SECT. 8. If the person, first entitled to make such entry or bring such action, shall die during the continuance of any of the disabilities mentioned in the preceding section, 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, 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.