of actions, shall apply to the same actions, when brought in the name 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. 22. 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 any case out 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 chargeable thereby.

SECT. 23. 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 only of any acknowledgment or promise, made or signed by any other or others of them.

SECT. 24. 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 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. 25. 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 it shall appear on the trial, that the action was, by reason of the provisions of this chapter, barred against the person so named in the plea, the said issue shall be found for the plaintiff.

SECT. 26. 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.

SECT. 27. If there are two or more joint contractors or joint executors or administrators of any contractor, no one of them shall lose the benefits 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. 28. 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 the first day of January, in the year of our Lord, eighteen hundred and forty-two, but every such last-mentioned acknowledgment or promise, although not made in writing, shall have the same effect as if no provisions, relating thereto, had been herein contained.

*SECT. 29. The provisions of this chapter, which alter or vary the [*xlv] law, now in force relative to the limitation of actions, shall not apply to any case, where the cause of action accrues before this chapter shall take effect, and go into operation; and in all cases, where the cause of action accrues before this chapter takes effect, the laws now in force, limiting the time for the commencement of suits thereon, shall continue in operation.

NEW HAMPSHIRE.

Of Actions. (Revised Statutes, Ch. 180.)

SECTION 1. All personal or transitory actions, where both parties are inhabitants of this State, may be commenced in the county where either of the parties to the writ may be an inhabitant, and not elsewhere.

SECT. 2. Actions of scire facias, upon any judgment or other proceeding before a justice, may be commenced in the Court of Common Pleas, where the amount of the judgment, or other demand claimed, including costs and interest, shall exceed thirteen dollars and thirty-three cents.

SECT. 3. An action of debt may be maintained, if commenced within six years, upon any judgment upon which an execution has been issued and returned satisfied, where it shall appear that the property levied or extended upon was not liable to be so levied or extended upon, for the amount equitably due, and costs of levying, and such levy shall not be a discharge of such debt for any purpose.

SECT. 4. Any copartner or joint-owner may maintain an action of assumpsit against one or more of his copartners or joint-owners, to recover his just share of any goods or chattels, choses in action, or the proceeds thereof received by such copartners or joint-owners, and not accounted for, delivered, paid, or otherwise settled for on demand.

SECT. 5. Any cotenant of real estate may recover by action of assumpsit against one or more of his cotenants, his just share of the value of any trees destroyed, or cut or carried away by such cotenant, which were standing, lying, or growing on such real estate, or of any other property attached thereto and destroyed, severed, or carried away by such cotenant.

SECT. 6. If any cotenant of any real estate shall hold the exclusive possession and income thereof, against the will and without the consent of his cotenant, the cotenant so excluded may, in an action of assumpsit, recover [*xlvi] * of the person holding such possession, the full amount of all damages he may have sustained thereby.

SECT. 7. No action shall be maintained upon any contract of the sale of lands, unless the agreement upon which such action shall be brought, or some memorandum thereof, is in writing and signed by the parties to be charged therewith, or by some other person thereunto lawfully authorized by writing.

SECT. 8. No action shall be brought in the following cases:

First. To charge any executor or administrator upon any special promise to answer damages out of his own estate ;

Second. To charge any person upon any special promise to answer for the debt, default, or miscarriage of another person;

Third. To charge any person upon an agreement made upon consideration of marriage;

Fourth. To charge any person upon any agreement that is not to be performed within one year from the time of making it:

Unless such promise or agreement, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized.

SECT. 9. No action shall be brought upon any contract for the sale of any goods, wares, or merchandise for the price of thirty-three dollars or upwards, and no such contract shall be valid unless the buyer shall accept part of the property so sold and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or unless some note or memorandum in writing of the said bargain to be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.

SECT. 10. No bill of exchange, negotiable promissory note, order, or draft, except such as are payable on demand, shall be payable until days of grace have been allowed thereon, unless it appear in the instrument that it was the intention of the parties that days of grace should not be allowed.

SECT. 11. If any person shall be compelled to pay any sum of money, on account of the escape of any prisoner, he may maintain an action therefor against such prisoner and all persons aiding such escape.

SECT. 12. An action upon the case, and no other, shall be commenced against any sheriff, deputy sheriff, coroner, or other officer for any damages arising from any default or misconduct in his office.

Of Suits. (Revised Statutes, Ch. 181.)

SECTION 1. No action for the recovery of any real estate shall be maintained, unless such action is brought within twenty years after the right *first accrued to the plaintiff or to any person under whom he claims, [*xlvii] to commence an action for the recovery thereof.

SECT. 2. If the person first entitled to maintain an action for the recovery of such real estate, was within the age of twenty-one years, a married woman, or insane, at the time such right accrued, such action may be commenced within five years after such disability is removed.

SECT. 3. Actions for words and for any assault, battery, wounding, or imprisonment, shall be brought within two years after the cause of action accrued, and not afterwards.

SECT. 4. All other personal actions shall be brought within six years after the cause of action accrued, and not afterwards.

SECT. 5. Actions of debt, founded upon any judgment or recognizance, or upon any contract under seal, may be brought within twenty years after the cause of action accrued, and not afterwards.

SECT. 6. Actions upon notes secured by mortgage, may be brought so long as the plaintiff is entitled to commence any action upon the mortgage.

SECT. 7. Writs of error may be commenced within three years after judgment rendered, and not afterwards.

SECT. 8. Any infant, married woman, or insane person, may commence D*

either of the personal actions aforesaid, within two years after such disability is removed.

SECT. 9. If the defendant, at the time of the cause of action accrued, or afterwards, was absent from and residing out of the State, the time of such absence shall be excluded in the computation of the several times before limited for the commencement of personal actions.

SECT. 10. If judgment shall be rendered against the plaintiff in any action commenced within the times before limited, or upon any writ of error brought thereon, he may commence a new action thereon within one year thereafter, in case his right of action is not barred by such judgment.

SECT. 11. The provisions of this chapter shall not apply to any case in which, by any statute, different time is limited.

MASSACHUSETTS.

Real Actions. (Revised Statutes, Ch. 119.)

SECTION 1. No person shall commence an action for the recovery of any lands, nor shall make an entry thereupon, unless within twenty years after the right to make such entry or bring such action first accrued, or [*xlviii] *within twenty 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 first accrued to any 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 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. When any person shall be disseized, his right of entry or of action shall be deemed to have accrued at the time of such disseizin;

Secondly. 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;

Thirdly. 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 limitation,

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

Fourthly. 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;

Fifthly. In all cases not otherwise specially 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 the 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 the death, resignation, or removal of the person so disseized, notwithstanding the twenty years after such disseizin shall have expired.

SECT. 5. If, at the time when such right of entry or of action upon or for any lands shall first accrue as aforesaid, 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 [*xlix] 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. 6. 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, 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 expired.

SECT. 7. If, at the time when such right of entry or of action shall first accrue, the person entitled thereto shall be under any of the disabilities before mentioned, and shall die without having recovered the premises, no further time for making such entry or bringing such action, beyond what is hereinbefore prescribed, shall be allowed, by reason of the disability of any other person.

SECT. 8. No person shall be deemed to have been in possession of any lands, within the meaning of this chapter, merely by reason of 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. 9. When the right of entry, or of action of a tenant in tail, or of a person entitled to a remainder in tail, is barred by force of this chapter, the estate tail, and all remainders and reversions expectant thereon, shall be also barred, as fully as they might have been by a conveyance made by the tenant in tail, in the manner provided in the fifty-ninth chapter.

SECT. 10. When any person, entitled to recover land as a tenant in tail, or