or administrators of any contractor, no such joint contractor, executor, or administrator shall lose the benefit of the provisions of this Act, so as to be chargeable by reason only of any acknowledgment or promise made by any other or others of them.

SECT. 29. 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 Act 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 [* cxxxix] of the defendants * against whom he is entitled to recover, and for the other defendant or defendants, against the plaintiff.

SECT. 30. 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 Act, barred against the persons so named in the plea, the said issue shall be found for the plaintiff.

SECT. 31. Nothing contained in the three 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 Act. SECT. 32. 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 Act, so as to be chargeable by reason only of any payment made by any other or others of them.

SECT. 33. All the provisions of this Act 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. 34. All actions and suits for any penalty or forfeiture on any penal statute brought by the Territory, or any person to whom the penalty or forfeiture is given, in whole or in part, shall be commenced within two years next after the offence is committed, and not afterwards.

SECT. 35. 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 therein; but such suit shall be brought within the time that may be limited by such statute.

SECT. 36. Every judgment and decree in any court of record of the United States, or of any State or Territory of the United States, shall be

presumed to be paid and satisfied at the expiration of twenty years after the judgment or decree was rendered.

SECT. 37. Whenever there is a concurrent jurisdiction in the courts of common law and in courts of equity of any cause of action, the provisions of this Act, limiting a time for the commencement of a suit for such cause of action in a court of common law, shall apply to all suits hereafter to be brought for the same cause in the court of chancery.

SECT. 38. The last section shall not extend to suits over the subjectmatter of which a court of equity has peculiar and exclusive jurisdiction, and which subject-matter is not cognizable in the courts of common law.

* SECT. 39. Bills for relief, on the ground of fraud, shall be filed [* cxl] within six years after the discovery, by the aggrieved party, of the facts constituting such fraud, and not after that time.

SECT. 40. Bills for relief, in case of the existence of a trust not cognizable by the courts of common law, and in all other cases not herein provided for, shall be filed within ten years after the cause thereof shall accrue, and not after.

SECT. 41. If the person entitled to file any bill specified in the two last sections be, at the time of discovering the facts constituting such fraud, or at the time the cause for filing such bill shall accrue, under any of the disabilities enumerated in this Act, the time during which such disabilities shall continue shall be excepted from the limitations contained in the two last sections, in the same manner and with the like effect as such time as herein excepted from the limitation prescribed for commencing actions at law; and, in case of the death of the person so entitled, during such disability or before the expiration of the time herein limited for filing such bills, the same may be filed by the heirs or representatives of such person, as the case may require, within the same time as allowed in this Act for commencing actions at law in the like cases.

MISSOURI.

Real Property. (Revised Statutes, 1835.)

SECTION 1. No action for the recovery of any lands, tenements, or hereditaments, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seised or possessed of the premises in question within twenty years before the commencement of such action.

SECT. 2. No entry upon any lands, tenements, or hereditaments shall be deemed sufficient or valid as a claim, unless an action be commenced

thereupon within one year after the making of such entry, and within twenty years from the time when the right to make such entry descended or accrued.

SECT. 3. The right of any person to the possession of any lands, tenements, or hereditaments shall not be impaired or affected by a descent cast in consequence of the death of any person in possession of such estate.

SECT. 4. If any person entitled to commence any action in this article specified, or to make any entry, be, at the time such title shall first descend or accrue, either,

[* cxli]

First. Within the age of twenty-one years; or,

*Second. Insane; or,

Third. Imprisoned on any criminal charge, or in execution upon some conviction of a criminal offence, for any term less than life; or,

Fourth. A married woman,

The time during which such disability shall continue shall not be deemed any portion of the time in this article limited for the commencement of such suit, or the making such entry, but such person may bring such action, or make such entry, after the time so limited, and within ten years after such disability is removed, but not after that period.

SECT. 5. If any person entitled to commence such action, or to make such entry, die during the continuance of any disability specified in the preceding section, and no determination or judgment be had of the title, right, or action to him accrued, his heirs may commence such action, or make such entry, at the time in this article limited for that purpose, and within ten years after his death, but not after that period.

Personal Actions.

SECTION 1. The following actions shall be commenced within ten years after the cause of such action accrued, and not after :

First. All actions of debt founded on any writing, whether sealed or unsealed.

Second. All actions of assumpsit founded on any writing for the direct payment of money.

SECT. 2. The following actions shall be commenced within five years after the cause of such action accrued, and not after:

First. All actions of debt founded upon any contract or liability, and not in this Act otherwise specially limited, nor brought upon any judgment or decree of any court.

Second. All actions for the recovery of any penalty or forfeiture given by any statute of this State.

Third. All actions of trespass upon real or personal property.

Fourth. All actions of account, detinue, assumpsit, trover, or trespass on

the case, and not in this Act otherwise limited.

SECT. 3. The following actions shall be commenced within two years after the cause of such action accrued, and not after:

First. All actions on open accounts for goods, wares, and merchandise sold and delivered.

Second. All actions for any article in a store account.

Third. All actions for assault and battery.

Fourth. All actions for false imprisonment.

SECT. 4. The following actions shall be commenced within one year after the cause of such action accrued, and not after:

First. All actions of replevin.

*Second. All actions for slanderous words spoken.

SECT. 5. If any person entitled to bring an action in this article

specified at the time the cause of action accrued, be, either,

First. Within the age of twenty-one years; or,

Second. Insane; or,

[* cxlii]

Third. Imprisoned on a criminal charge, or in execution, under a sentence of a criminal court, for a term less than for his natural life; or,

Such persons shall be at liberty to bring such actions within the respective times in this article limited, after such disability is removed.

SECT. 6. If any person entitled to bring any action in this article specified die before the expiration of the time herein limited for the commencement of such suit, if such cause of action shall survive to his representatives, his executor or administrator may, after the expiration of such time, and within one year after such death, commence such action, but not after that period.

SECT. 7. If, at the time when any cause of action specified in this article accrues against any person, he be out of this State, such action may be commenced within the times herein respectively limited, after the return of such person into the State; and if, after such cause of action shall have accrued, such person depart from and reside out of this State, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.

General Provisions.

SECTION 1. Whenever any person shall be disabled to prosecute 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 limited in the preceding articles of this Act for the making of an entry or the commencement of any action.

SECT. 2. The preceding section shall not apply to actions for any penalty or forfeiture given by any statute of this State.

SECT. 3. If any action shall have been commenced within the times

respectively prescribed in the preceding articles of this Act, and the plaintiff therein suffer a nonsuit, or, after a verdict for him, the judgment be arrested, or, after a judgment for him, the same be reversed on appeal or error, such plaintiff may commence a new action, from time to time, within one year after such nonsuit suffered, or such judgment arrested or reversed; and if the cause of action survive or descend to his heirs, or survive to his executors or administrators, they may, in like manner, commence a new action within the time herein allowed to such plaintiff.

SECT. 4. If any action shall have been commenced within the [* cxliii] times * respectively prescribed in the preceding articles of this Act, and the defendant in such suit die before judgment, and if the right of action be such as survives against the representatives of the defendant, the plaintiff may commence a new action against the heirs, executors, or administrators of such defendant, as the case may require, within one year after such death, or, if no executors or administrators be appointed within that time, then within one year after letters testamentary or of adminstration shall have been granted to them.

SECT. 5. When an action commenced within the time prescribed by law shall abate by reason of the death of the plaintiff, if the right of action survive to his representatives, his executor or administrator may, within one year after such death, commence a new action, if the cause of such action would otherwise survive; and, if any action so commenced by an executor or administrator abate by the death of the plaintiff, a new action may be commenced by the administrator of the same estate at any time within one year after such abatement.

SECT. 6. Whenever the commencement of any suit shall be stayed by an injunction of any court of equity, the time during which such injunction shall be in force shall not be deemed any portion of the time in this Act limited for the commencement of such suit.

SECT. 7. No person shall avail himself of any disability enumerated in this Act, unless such disability existed at the time his right of action or of entry accrued.

SECT. 8. If any person, by absconding, or concealing himself, or by any other improper act of his own, prevent the commencement of any action in this Act specified, such action may be commenced within the times herein respectively limited after the time the commencement of such action shall have ceased to be so prevented.

SECT. 9. When there are two or more disabilities existing at the time the right of action or entry accrued, the limitation herein prescribed shall not attach until all such disabilities be removed.

SECT. 10. The provisions of this Act shall not extend to any section which is or shall be otherwise limited by any statute; but such action shall be brought within the time limited by such statute.