may plead the general issue, and give this Act and the special matter in evidence; and if the plaintiff or plaintiffs be nonsuit, or if a verdict or judgment pass against him or them, respectively, the defendant or defendants shall respectively recover double costs.

SECT. 98. All suits or actions founded upon any account for goods, wares, or merchandise sold and delivered, or for any articles charged in any store account, shall be commenced and sued within two years next after the cause of such suit or action, or the delivery of such goods, wares, and merchandise, and not after; except, that in the case of the death of the creditors or debtors before the expiration of the said term of two years, the further time of one year from the death of such creditor or debtor shall be allowed for the commencement of any such suit or action. And, to prevent imposition or deception herein, the respective times or dates of the delivery of the several articles charged in any such account, or any receipt taken for the delivery of them, shall be particularly specified. And if any merchant or trader shall wilfully post-date any article or articles in such account, or the receipt taken for the delivery of them, he shall forfeit and pay tenfold the amount of the article or articles so post-dated, to be recovered, with costs, by warrant where the penalty does not exceed the jurisdiction of a justice of the peace, and by action of debt or information in any court of record where the penalty shall exceed the jurisdiction of a justice of the peace, to the informer, where the informer prosecutes, or to the State for the use of the literary fund, where the prosecution shall be first instituted on the public behalf. And to prevent any doubt in the construction hereof, it is hereby declared, that the before-mentioned limitation of two years shall take place and be computed from the respective dates or times of delivery of the several articles entered or charged in any such account; and that all such articles as shall have been of more than two years' standing when the suit or action was commenced, shall be disallowed and rejected, and verdict shall be given or judgment rendered for no more than the amount of such articles as appear to have been actually charged or delivered within two years next before the commencement of the suit or action aforesaid, except as above excepted.

*

SECT. 99. If any person or persons against whom there is or shall [cx] be any cause of action, as is specified in the preceding sections of this Act (except for the recovery of lands, tenements, or hereditaments), is or are or 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 is or 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 into 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. 100. No action of debt shall be brought against any executor or administrator, or other person having charge of the estate of a testator or intestate, upon a judgment obtained against his testator or intestate, nor shall any scire facias be issued against any executor or administrator, or other person having charge of the estate as aforesaid, to revive such judgment after the expiration of six years from the qualification of such executor or administrator, or of such other person having charge of the estate; and all such judgments, after the expiration of six years, upon which no proceedings shall have been had, shall be deemed to have been paid and discharged; saving to all persons non compos mentis, femes covert, or infants, who may have been entitled to the benefit of such judgment, three years after their several disabilities are removed.

SECT. 101. 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 if a verdict pass for the plaintiff, and, upon matter alleged in arrest of judgment, the judgment be given against the plaintiff, then 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.

SECT. 102. No bill of review shall be granted by the Supreme Court, or any judge thereof, or by the Superior Court of Chancery, to any decree pronounced in a cause which shall be finally decided, unless the same be applied for within two years next after such final decision, saving to infants, femes covert, and persons of insane mind, a right to obtain such bill of review within two years after their respective disabilities are removed.

SECT. 103. No writ of error or supersedeas shall be granted to any judgment of a court of law, after the expiration of two years from the time when such judgment shall have been made final; saving to all persons non compos mentis, infants, and femes covert, two years after their several disabilities are removed.

SECT. 104. In all actions of assault and battery, and slander, commenced and prosecuted in any court of law in this State, if the jury find for the plaintiff under the sum of ten dollars, he shall not recover any costs. And in all actions of trespass quare clausum fregit, where the court before * whom the trial shall be shall not be satisfied, and enter upon the [* cxi] minutes that the freehold, title, or interest of the land mentioned in the plaintiff's declaration was or might have been in good question, or that the trespass was wilful or malicious; and in all other actions of trespass, where the court before whom the trial shall be shall not be satisfied, and enter upon the minutes that the trespass was wilful or malicious; and in all actions upon the case, actions of covenant, and actions of debt for a

penalty intended to secure the performance of a covenant or condition, where the court before whom the trial shall be shall not be satisfied, and enter upon the minutes that the action was neither frivolous nor vexatious,

if the jury find under ten dollars, the plaintiff shall not recover more costs than the sum so found; and, if more costs are awarded, the judgment shall be void, and shall be amended upon a motion at any time by the court who awarded the same; and the party injured shall be redressed as to such costs so wrongfully awarded, in case the same be levied upon him. And where several persons shall be made defendants in any action of trespass, assault, false imprisonment, or ejectment, and upon the trial thereof any one or more of them shall be acquitted by verdict, every defendant so acquitted shall have and recover his costs of suit, in like manner as if a verdict had been given against the plaintiff or plaintiffs, and acquitted all the defendants; unless the court before whom such cause shall be tried shall be satisfied that there was reasonable cause for making such person or persons defendant or defendants to such action, and shall order it otherwise.

SECT. 105. In all actions of trespass quare clausum fregit, wherein the defendant or defendants shall disclaim, in his or their plea, to make any title or claim to the land in which the trespass is by the declaration supposed to be done, and the trespass be by negligence or involuntary, the defendant or defendants shall be admitted to plead a disclaimer, and that the trespass was by negligence or involuntary, and a tender or offer of sufficient amends for such trespass before the action brought; whereupon, or upon some of them, the plaintiff or plaintiffs shall join issue; and if the said issue be found for the defendant or defendants, or the plaintiff or plaintiffs shall be nonsuited, the plaintiff or plaintiffs shall be clearly barred from the said action or actions, and all other suits concerning the same.

SECT. 106. The limitation of six years mentioned in the fourth section of the Act entitled "An Act for the limitation of actions and certain proceedings in civil cases, and for preventing frivolous and vexatious suits," passed June the seventh, one thousand eight hundred and twenty-one, be and the same is hereby repealed; and that, in lieu thereof, all actions enumerated in the said fourth section, except actions on promissory notes, shall be prosecuted in three years next after the cause of such action shall have accrued, and not after.

SECT. 107. The limitations of two years mentioned in the eleventh sec

tion of the Act mentioned in the second section of this Act, is [* cxii] hereby repealed; and that, in lieu thereof, all actions founded upon any account for goods, wares, and merchandise sold and delivered, or for any article charged in any store account, shall be commenced and prosecuted in three years, and not after.

SECT. 108. The second section of the Act to which this is an amendment, be and the same is hereby repealed; and the fourth section of the

Act entitled "An Act for the limitation of actions, and certain proceedings in civil cases, and for preventing frivolous and vexatious suits," passed June seventh, eighteen hundred and twenty-two, be and the same is hereby revived.

An Act explanatory of certain Statutes of Limitations.

SECT. 109. Whereas doubts have arisen as to the true intent and meaning of the second section of the eighty-fifth chapter of the Acts passed in the year eighteen hundred and twenty-seven, and also of the second section of the eighty-ninth chapter of the Acts passed in the year eighteen hundred and twenty-eight, the provisions of the said Act of eighteen hundred and twenty-seven having been erroneously construed as operating a repeal of the statute of limitations of eighteen hundred and twenty-two, in the several actions enumerated in the fourth section of the twenty-first chapter of the Revised Code: And whereas the period of time barring the said several actions enumerated in the said fourth section of the twenty-first chapter of said code, was alone intended to be altered by the said Act of eighteen hundred and twenty-seven; namely, from six to three years, excepting actions on promissory notes, as to which the provisions of the said Act of eighteen hundred and twenty-two remained unchanged: And whereas the said Act of eighteen hundred and twenty-seven was repealed, and the original provisions of the said fourth section of the twenty-first chapter of the said code, revised by the said Act of eighteen hundred and twentyeight: Therefore,

SECT. 110. Be it enacted by the Senate and House of Representatives of the State of Mississippi, in General Assembly convened, That the said Act of eighteen hundred and twenty-seven shall be so construed as not to repeal the Act of limitations of eighteen hundred and twenty-two, in the several actions embraced in the fourth section of the twenty-first chapter of the Revised Code, but only as an alteration of the time required to bar said actions; and that the said Act of eighteen hundred and twenty-seven shall not be so construed as to revive any cause of action which was barred under the said fourth section of the twenty-first chapter of the said Code, at the time of the passage of the said Act of eighteen hundred and twenty

seven.

The said Act of eighteen hundred and twenty-eight, repealing the said second section of the Act of eighteen hundred and twenty-seven, and reviving the said fourth section of the twenty-first chapter of the Revised Code, shall not be so construed as to revive any cause of action barred or intended to be barred under either of the said Acts of eighteen hundred and twenty-two, or eighteen hundred and twenty-seven, at the [* cxiii] time of the passage of the said Act of eighteen hundred and twenty-eight.

SECT. 111. All claims which, under and by virtue of the fourth section of the Act entitled "An Act for the limitation of actions and certain proceedings in civil cases, and for preventing frivolous and vexatious suits," passed June seventh, eighteen hundred and twenty-two, were barred of recovery prior to the passage of an Act entitled "An Act to amend the forty-fifth section of the Act entitled an Act to reduce into one the several Acts concerning the establishment, jurisdiction, and powers of the superior courts of law, and for other purposes," passed June twenty-eight, eighteen hundred and twenty-two, and which have been revived by the second section of the last recited Act, passed eighteen hundred and twenty-seven, are hereby for ever barred, unless suit be instituted for the recovery thereof within twenty days after the passage of this Act.

The ninth section of the said Act of eighteen hundred and twenty-two shall be extended so as to include judgments recovered in any court of record, as well without as within this State.

LOUISIANA.

Possession and Personal Actions. (Abstract from Civil Code of Louisiana, from 4 Griffith's Annual Law Register, p. 686.)

Thirty years' possession prescribes land, though possessed without any title, or knavishly.

If possessed fairly and honestly and by just title, that is, one by virtue of which property may be transferred, such a sale or donation, though no real right may be thereby given, ten years' possession will be sufficient if the true proprietor resides in the State, and twenty years in case he resides abroad.

Besides the thirty, twenty, and ten years' prescription with respect to lands, there is another of four years, which runs against the minor after coming of age, as to any real estate alienated by the tutor in cases not provided by law.

For the prescription arising from the ten or twenty years' possession, there must be good faith and apparently good title; if, therefore, the title be defective with respect to form, there can be no basis for the ten or twenty years' prescription.

Also, any interruption, either natural or legal, suspends prescription.

A natural interruption is said to take place when the possessor [*exiv] is deprived of possession of the thing for more than a year, either by the ancient proprietor or by a third person.

A legal interruption takes place when the possessor has been cited to