that the defendant was in another county, and could have been arrested; or that any means whatever were used by the plaintiff or his attorney to prevent the service of the writ, or to keep the defendant in ignorance of the issuing thereof.

SECT. 40. Upon any such matter being established, or upon it appearing in any other way, that any process was issued without any intent that it should be served, such process shall not be deemed the commencement of a suit, within the meaning of any of the provisions of this chapter.

SECT. 41. No person shall avail himself of any disability enumerated in this title, unless such disability existed at the time his right of action, or of entry, accrued.

SECT. 42. Where there shall be two or more such disabilities existing at the time the right of action or of entry accrued, the limitations herein prescribed shall not attach, until all such disabilities be removed.

SECT. 43. The provisions of this title shall not extend to any action which is or shall be limited by any statute, to be brought within a shorter time than is herein prescribed; but such action shall be brought within the time limited by such statute.

SECT. 44. None of the provisions of this chapter shall apply to suits against directors or stockholders of any moneyed corporations, to recover any penalty or forfeiture imposed, or to enforce any [*lxvi] liability created, by the second title of the eighteenth chapter of

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the first part of the revised statutes; but all such suits shall be brought within six years after the discovery, by the aggrieved party, of the facts upon which such penalty or forfeiture attached, or by which such liability was created.

SECT. 45. The provisions of the preceding articles of this title shall not apply to any actions commenced, nor to any cases where the right of action shall have accrued, or the right of entry shall exist, before the time when this chapter takes effect as a law; but the same shall remain subject to the laws now in force.

Presumption of Payment arising from the Lapse of Time.

SECT. 46. The presumption of payment shall apply to all judgments of a Court of Record in this State, rendered before the third day of April, one thousand eight hundred and twenty-one, and to all such judgments rendered before this chapter shall take effect as a law, in the same manner as such presumption applies to sealed instruments.

SECT. 47. Every judgment and decree hereafter rendered in any court of this State, or of the United States, or of any other State or Territory within the United States, shall be presumed to be paid and satisfied, after the expiration of twenty years from the time of the signing and filing such

judgment or decree; but in any suit at law or in equity in which the party against whom such judgment or decree was rendered, or his heirs or personal representatives, shall be a party, such presumption may be repelled by proof of payment, or of written acknowledgment of indebtedness, made within twenty years, of some part of the amount recovered by such judgment or decree in all other cases, it shall be conclusive.

SECT. 48. After the expiration of twenty years from the time a right of action shall accrue upon any sealed instrument, for the payment of money, such right shall be presumed to have been extinguished by payment; but such presumption may be repelled by proof of payment of some part, or by proof of a written acknowledgment of such right of action within. that period.

Time of commencing Suits in Courts of Equity.

SECT. 49. 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 title 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. 50. But 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. 51. Bills for relief, on the ground of fraud, shall be filed [* lxvii] within six years after the discovery by the aggrieved party of the facts constituting such fraud, and not after that time.

SECT. 52. 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. 53. But 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 in the first and second articles of this title enumerated, the time during which such disability 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 is herein excepted from the limitations 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 the said first and second articles for commencing actions at law in the like cases.

NEW JERSEY.

Suits respecting Titles to Land, and Personal Actions. (Digest of Laws of New Jersey, 1838, p. 314.)

SECTION. 1. Sixty years' actual possession of any lands, tenements, or other real estate, uninterruptedly continued by occupancy, descent, conveyance, or otherwise, in whatever way or manner such possession might have commenced, or have been continued, shall vest a full and complete right and title in every actual possessor or occupier of such lands, tenements, or other real estate, and shall be a good and sufficient bar to all claims that may be made, or actions commenced, by any person or persons whatever for the recovery of any such lands, tenements, or other real estate.

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SECT. 2. Thirty years' actual possession of any lands, tenements, or other real estate, uninterruptedly continued as aforesaid, wherever such possession commenced, or is founded upon a proprietary right duly laid thereon, and recorded in the surveyor-general's office of the division in which such location was made, or in the secretary's office, agreeably to law, or wherever such possession was obtained by a fair, bona fide purchase of such lands, tenements, or other real estate, of any person or persons whatever in possession, and supposed to have a legal right and title thereto, or of the agent or agents of such person or persons, shall be a good and sufficient bar to all prior locations, rights, titles, conveyances, or claims whatever, not followed by actual possession as aforesaid, [* lxviii] and shall vest an absolute right and title in the actual possessor and occupier of all such lands, tenements, or other real estate. Provided, if any person or persons, having a right or title to lands, tenements, or other real estate, shall, at the time of the said right or title first descended or accrued, be within the age of twenty-one years, feme covert, non compos, imprisoned, or without the United States of America, then such person or persons, and his and their heir or heirs, may, notwithstanding the aforesaid times are expired, be entitled to his or their action for the same, so as such person or persons or his or their heirs, commence or sue forth his or their action within five years after his or their full age, discoverture, coming of sound mind, enlargement out of prison, or coming within any of the United States, and at no time after. And provided also, any citizen or citizens of this or any other of the United States, and his or their heirs, having right or title to any lands, tenements, or other real estate within this State, may, notwithstanding the aforesaid times are expired, commence his or their action for such lands, tenements, or other real estate, at any time within five years next after the passing this Act, and not afterwards.

SECT. 3. Any survey made of any lands within either the eastern or western division of the proprietors of the State of New Jersey, and

inspected and approved of by the general proprietors, or council of proprietors of such division, and by their order or direction entered upon record in the secretary's office of this State, or in the surveyor-general's office in such division, shall, from and after such record is made, preclude and for ever bar such proprietors and their successors from any demand thereon, any plea of deficiency of right or otherwise notwithstanding.

SECT. 4. If any person or persons, for the purpose of establishing the boundaries of lands between them, shall, by certificate under their hands and seals, executed in the presence of two or more subscribing witnesses, certify unto the clerk of the county or counties wherein such line or partition shall lay any lines, corners, and boundaries, as shall by them be allowed and acknowledged to be the true bounds betwixt their lands, and the said certificate filed in said clerk's office, and recorded by said clerk in a book to be by him provided for that purpose, shall be as fully conclusive and binding to the parties so certifying, and their heirs and successors, as could have been done by deeds of quitclaim, or in any other manner whatsoever.

A supplement to the above Act, passed 28th November, 1789, enacts: SECT. 1. No such newly made partial survey, now lying with the council of proprietors, or which may hereafter be returned to them, or made on any lands improved or unimproved within what has been usually taken and deemed to be the ancient reputed boundary of such lands, shall be

recorded or be of any avail to the person so surveying, unless it [* lxix] shall be made to appear, by the testimony of at least two good and sufficient witnesses, that the possessor or possessors holding such lands by survey, deed, or otherwise, had been duly notified, for the space of six months previous to the making such survey, of the intention of doing thereof, and had refused or neglected to resurvey and cover such overplus lands.

SECT. 2. If the council of proprietors shall refuse or neglect to give the preference to any prior survey, legally made, or to the possessor or possessors of any tract of land, enabling such possessor or possessors to cover with rights, and secure such overplus lands, which may be found within their ancient bounds, on such possessor or possessors making a resurvey of his or their lands within six months after such legal notice as aforesaid, that it shall and may be lawful for such possessor or possessors, or any other person legally authorized on his, her, or their behalf, to cause a resurvey to be made, agreeably to the ancient reputed lines and boundaries, either by a deputy surveyor, or some other person understanding the art of surveying, and appropriate so many rights thereon as will be sufficient to include the overplus, which surveyor or person so surveying, being duly qualified before a justice of the peace of the county wherein the land

may lie, that the survey, so by him made, is just according to the best. of his knowledge, the same may be produced to the clerk of the county, who is hereby required, on the receipt thereof, to record the same in the book directed to be kept in the respective counties, by the Act entitled “An Act for the limitations of suits at law respecting titles to land," passed at Burlington the fifth day of June, seventeen hundred and eighty-seven, which survey so made and recorded shall give such owner and possessor an absolute title in fee.

SECT. 3. Nothing in this Act contained shall be construed or taken to authorize any person or persons to make any survey within the certain or reputed bounds of any survey or resurvey made and entered on record agreeably to the said recited Act, any large or overplus measures therein contained, notice as aforesaid given, deficiency of rights or other plea to the contrary, notwithstanding.

An Act passed 7th February, 1799, enacts:

SECTION 1. All actions of trespass quare clausum fregit, all actions of trespass, detinue, trover, and replevin for taking away of goods and chattels, all actions of debt, founded upon any lending or contract, without specialty, or for arrearages of rent due on a parol demise, and all actions of account and upon the case, except actions for slander, and except also such actions as concern the trade or merchandise between merchant and merchant, their factors, agents, and servants, shall be commenced and sued within six years next after the cause of action shall have accrued, and not after.

SECT. 2. All actions of trespass for assault, menace, battery, wounding, and imprisonment, or any of them, shall be commenced and sued within four years next after the cause of such actions shall have [* lxx] accrued, and not after.

SECT. 3. Every action upon the case for words shall be commenced and sued within two years next after the words spoken, and not after.

SECT. 4. Provided always, if any person or persons, who is, are, or shall be entitled to any of the actions specified in the three preceding sections of this Act, is, are, or shall be, at the time of any such cause of action accruing, within the age of twenty-one years, feme covert, or insane, then such person or persons shall be at liberty to bring the said action so as he, she, or they institute or take the same within such time as is before limited, after his, her, or their coming to or being of full age, discovert, or of sane memory, as by other person or persons having no such impediment might be done.

SECT. 5. Any prosecution hereafter to be had or commenced upon any bond, heretofore given by any sheriff and his securities, for the faithful performance of the office of sheriff, shall in no wise operate against, or in any manner affect, the said securities mentioned or bound in said bond,