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a remainder-man in tail, shall die before the expiration of the period hereinbefore limited for making an entry or bringing an action therefor, no person claiming any estate, which the tenant in tail or remainder-man might have barred, shall make an entry or bring an action to recover such land, but within the period during which the tenant in tail or remainder-man, if he had so long lived, might have made such entry or brought such action.

SECT. 11. The limitations hereinbefore prescribed, as to the time within which an action may be brought to recover any land, shall take effect from and after the thirty-first day of December, in the year of our Lord eighteen hundred and thirty-nine; and if any person, who shall then be entitled to bring any real action, which is to be abolished after that day, shall then be within the age of

twenty-one years, a married woman, insane, imprisoned, or without the [*1] limits of the United States, the action may be brought at any time

within five years after the disability shall cease, or after the death of the person so disabled; provided, that no such action shall be maintained, after it would have been barred by the statutes of limitation, in force at and immediately before the time when this chapter shall become a law.

SECT. 12. No suit for the recovery of any lands shall be commenced by or in behalf of the commonwealth, unless within twenty years after the right or title of the commonwealth thereto first accrued, or within twenty years after the commonwealth, or those from or through whom they claim shall have been seized or possessed of the premises.

SECT. 13. 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. 14. When a notice shall be given, to prevent the acquisition of a right or privilege of way, air, or light, as provided in the sixtieth chapter, such notice shall be considered so far a disturbance of the right in question, as to enable the party claiming such right to bring an action on 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. 15. If any action, of which the commencement 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 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 a new 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 therein.

Personal Actions. (Revised Statutes, Ch. 120.)

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

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;

Secondly. All actions upon judgments rendered in any court, not being a court of record;

Thirdly. All actions for arrears of rent;

*Fourthly. All actions of assumpsit, or upon the case, not founded on [li] any contract or liability, express or implied;

Fifthly. All actions for waste and for trespass upon land;

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

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

SECT. 2. All actions 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 negligence 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 a promissory note, which is signed in the presence of an attesting witness, provided the action be brought by the original payee, or by his executor or administrator, nor to an 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 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. 6. If any person, entitled to bring any of the actions before-mentioned in this chapter, shall, at the time the cause of action accrues, be within the age of twenty-one years, or a married woman, insane, imprisoned, 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, or within six years after the disability mentioned in the preceding section.

SECT. 7. All personal actions on any contract, not limited by the foregoing sections, or by any other law of this commonwealth, 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 commonwealth, 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 the State; and if, after any cause of action shall have accrued, the person against whom it has 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 [*lii] time limited for the commencement of the action.

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SECT. 10. If any person, entitled to bring any of the actions beforementioned in this chapter, 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 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 grant of 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 in this chapter limited 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 new action within the 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 any 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 chargeable 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 only 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, [*liii] 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. 16. 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 so named in the plea, the said issue shall be found for the plaintiff.

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 on contract, alleged by way of set-off on the part of a defendant; and the time of 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.

SECT. 20. The limitations herein before prescribed, for the commencement of actions, shall apply to the same actions when brought in the name of the Commonwealth, or in the name of any officer, or otherwise, for the benefit of the Commonwealth, 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 whole or in part, shall be commenced within one year next after the offence committed, and not afterwards.

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

SECT. 23. The two preceding sections shall not apply to any suit which is or shall be limited by any statute, to be brought within a shorter time than is prescribed in these two sections; but such suit shall be brought within the time that may be limited by such statute.

*SECT. 24. Every judgment and decree in any court of record of [liv] the United States, or of this or any other State, shall be presumed to be paid and satisfied at the expiration of twenty years after the judgment or decree was rendered.

SECT. 25. 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 October in the year one thousand eight hundred and thirty-four; but every such last-mentioned acknowledgment or promise, although not made in writing, shall have the same effect as if no provision relating thereto had been herein contained.

CONNECTICUT.

Civil Actions and Criminal Prosecutions. (Revised Statutes, Tit. 60.)

SECTION 1. No person shall, at any time hereafter, make entry into any lands or tenements, but within fifteen years next after his right or title shall first descend or accrue to the same: and every such person, so not entering, and his heirs, shall be utterly disabled to make such entry afterwards; and no such entry shall be sufficient, unless an action shall be commenced thereupon, and prosecuted with effect, within one year next after the making thereof. Provided, nevertheless, that if any person who hath, or shall have, such right or title of entry into any lands or tenements, be, or shall be, at the time of the first descending or accruing of the said right or title, within the age of twenty-one years, feme covert, non compos mentis, or imprisoned, then such person and his heirs may, notwithstanding the expiration of the said fifteen years, bring such action, or make such entry as he might have done before the expiration of the said fifteen years, so as such person shall, within five years next after full age, discoverture, coming of sound mind, enlargement out of prison, or the heirs of such person shall, within five years after the death of such person, bring such action, or make such entry, and take benefit of the same.

SECT. 2. No action shall be brought on any bond, or writing obligatory, contract under seal, or promissory note not negotiable, but within seventeen years next after an action on the same shall accrue. Provided, nevertheless, that persons legally incapable to bring an action on such bond, or writing, at the accruing of the right of action thereon, may bring the same at any time within four years after their becoming legally capable to bring such action.

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*SECT. 3. No action of account, of debt on book, or on simple contract, or of assumpsit, founded upon implied contract, or upon any contract in writing, not under seal, except promissory notes not negotiable, shall be brought but within six years next after the right of action shall accrue. Provided, nevertheless, that persons legally incapable to bring any such action at the accruing of the right of action, may bring the same at any time within three years after their becoming legally capable to bring such action.

SECT. 4. No action of trespass on the case shall be brought but within six years next after the right of action shall accrue.

SECT. 5. No action founded upon any express contract or agreement, other than actions of book debt, on proper subjects thereof, not reduced to writing, or some note, or memorandum thereof, made in writing, and signed by the party to be charged therewith, or some other person by him lawfully authorized; no action of trespass, and no action upon the case for words, shall be brought but within three years next after the right of action shall accrue.

SECT. 6. No suit or action for any forfeiture, upon any penal statute, shall be brought by any person or persons who may lawfully sue for the same, but within one year next after the offence committed.

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