LIMITATION, estates. When an estate is so expressly confined and limited by the words of its creation, that it cannot endure for a longer time than till the contingency shall happen, upon which the estate is to fail, this is denom-inated a limitation; as, when land is granted to a man while he continues unmarried, or until the rents and profits shall have made a certain sum, and the like; in these cases the estate is limited, that is, it does not go beyond the happening of the contingency. 2 Bl. Com. 155; 10 Co. 41; Bac. Ab. Conditions, H; Co. Litt. 236 b; 4 Kent. Com. 121; Tho. Co. Litt. Index, h. t.; 10 Vin. Ab. 218; 1 Vern. 483, n. 4; Ves. Jr. 718.

2. There is a difference between a limitation and a condition. When a thing is given until an event shall arrive, this is called a limitation; but when it is given generally, and the gift is to be defeated upon the happening of an uncertain event, then the gift is conditional. For example, when a man gives a legacy to his wife, while, or as long as, she shall remain his widow, or until she shall marry, the estate is given to her only for the time of her widowhood and, on her marriage, her right to it determines. Bac. Ab. Conditions, H. But if, instead of giving the legacy to the wife, as above mentioned, the gift had been to her generally with a proviso, or on condition that she should not marry, or that if she married she should forfeit her legacy, this would be a condition, and such condition being in restraint of marriage, would be void.

LIMITATION, remedies. A bar to the alleged right of a plaintiff to recover in an action, caused by the lapse of a certain time appointed by law; or it is the end of the time appointed by law, during which a party may sue for and recover a right. It is a maxim of the common law, that a right never dies and, as far as contracts were concerned, there was no time of limitation to actions on such contracts. The only limit there was to the recovery in cases of torts was the death of one of the parties; for it was a maxim actio personalis moritur cum persona. This unrestrained power of commencing actions at any period, however remote from the original cause of action, was found to encourage fraud aud injustice; to prevent which, to assure the titles to land, to quiet the possession of the owner, and to prevent litigation, statutes of limitation were passed. This was effected by the statutes of 32 Hen. VIII. c. 2, and 21 Jac, I. c. 16. These statutes were adopted and practiced upon in this country, in several of the states, though they are now in many of the states in most respects superseded by the enactments of other acts of limitation.

2. Before proceeding to notice the enactments on this subject in the several states, it is proper to call the attention of the reader to the rights of the government to sue untrammeled by any statue of limitations, unless expressly restricted, or by necessary implication included. It has therefore been decided that the general words of a statute ought not to include the government, or affect its rights, unless the construction be clear and indisputable upon the text of the act; 2 Mason's R. 314; for no laches can be imputed to the government. 4 Mass. R. 528; 2 Overt. R. 352; 1 Const. Rep. 125; 4 Henn. & M. 53; 3 Serg. & Rawle, 291; 1 Bay's R. 26. The acts of limitation passed by the several states are not binding upon the government of the United States, in a suit in the courts of the United States. 2 Mason's R. 311.

3. For the following abstract of the laws of the United States and of the several states, regulating the limitations of actions, the author has been much assisted by the appendix of Mr. Angell's excellent treatise on the Limitation of Actions.

4. United States. 1. On contracts. All suits on marshals' bonds shall be commenced and prosecuted within six years after the right of action shall have accrued, and not after; saving the rights of infants, femes covert, and persons non compos mentis, so that they may sue within three years after disability removed. Act of April 10, 1806, s. 1.

5. - 2. On legal proceedings. Writs of error must be brought within five years after judgment or decree complained of; saving in cases of disability the right to bring them five years after its removal. Act of September 24, 1789, s. 22. And the like limitation is applied to bills of review. 10 Wheat. 146.

6. - 3. Penalties. Prosecutions under the revenue laws, must be commenced within three years. Act of March 2, 1799, Act of March 1, 1823. Suits for penalties respecting copyrights, within two years. Act of April 29, 1802, s. 3. Suits in violation of the provisions of the act of 1818, respecting the slave trade, must be commenced within five years. Act of April 20, 1818, s. 9.

7. - 4. Crimes. Offences punishable by a court martial must be proceeded against within two years unless the person by reason of having absented himself, or some other manifest impediment, has not been amenable to justice within that period. The act of April 30, 1790, s. 31, limits the prosecution and trial of treason or other capital offence, wilful murder or forgery excepted, to three years next after their commission; and for offences not capital to two years, unless the party has fled from justice. 2 Cranch, 336.

8. Alabama. 1. As to real estate. 1. After twenty years after title accrued, no entry can be made into lands. 2. No action for the recovery of land can be maintained, if commenced after thirty vears after title accrued. 3. Actions on claims by virtue of any title which has not been confirmed by either of the boards of commissioners of the United States, for adjusting land claims &c., and not recognized or confirmed by any act of congress, are barred after three years; there is a proviso as to lands formerly in West Florida, and in favor of persons under disabilities.

9. - 2. As to personal actions. 1. Actions of trespass, quare clausum fregit; trespass; detinue; trover; replevin for taking away of goods and chattels; of debt, founded on any lending or contract, without specialty, or for arrearages of rent on a parol demise of account and upon the case, (except actions for slander, and such as concern the trade of merchandise between merchant and merchant, their factors or agents, are to be commenced within six years next after the cause of action accrued, and not after.

10. - 2. Actions of trespass for assaults, menace, battery, wounding and imprisonment, or any of them, are limited to two years.

11. - 3. Actions for words to one year.

12. - 4. Actions of debt or covenant for rent or arrearages of rent, founded upon any lease under seal, or upon any single or penal bill for the payment of money only, or on any obligation with condition for the payment of money only, or upon any award under the hands and seals of arbitrators, are to be commenced within sixteen years after the cause of action accrued, and not after; but if any payment has been made on the same at any time, then sixteen years from the time of such payment.

13. - 5. Judgments cannot be revived after twenty years.

14. - 6. A new action must be brought within one year when the former has been reversed on error, or the judgment has been arrested.

15. - 7. Actions on book accounts must be commenced within three years, except in the case of trade or merchandise between merchant and merchant, their factors or agents.

16. - 8. Writs of error must be sued out within three years after final judgment.

17. Arkansas. 1. As to lands. No action for the recovery of any lands or tenements, or for the recovery of the possession thereof, sball be maintained, unless it appears that the plaintiff, his ancestor, predecessor, or grantor, was seised or possessed of the promises in question within ten years before the commencement of such suit. Act of March 3, 1838, s. 1. Rev. Stat. 527. No entry upon lands or tenements shall be deemed sufficient or valid as a claim, unless an action be commenced thereon within one year after such entry, and within ten years from the time when the right to make such entry descended and accrued. Id. s. 2. The right of any person to the possession of any lands or tenements, shall not be impaired or affected by a descent cast in consequence of the death of any person in possession of such estate. Id. s. 3.

18. The savings are as follows: If any person entitled to commence any action in the preceding sections specified, or to make an entry, be, at the time such title shall first descend or accrue; first, within the age of twenty-one years; second, insane; third, beyond the limits of the state; or, fourth, a married woman; the time during which such disabilities shall continue, shall not be deemed any portion of the time in this act limited for the commencement of such suit, or the making of such entry; but such person may bring such action, or make such entry, after the time so limited, and within five years after such disability is removed, but not after that period. Id. S. 4. If any person entitled to commence any such action, or make such entry, die during the continuance of such 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, after the time in this act limited for that purpose, and within five years after his death, and not after that period. Id. s. 5, Rev. Stat. 527.

19. - 2. As to personal actions. 1. The following actions shall be commenced within three years after the cause of action shall accrue: first, all actions founded upon any contract, obligation, or liability, (not under seal,) excepting such as are brought upon the judgment or decree of some court of record of the United States, of this, or some other state; second, all actions upon judgments rendered in any court not being a court of record; third, all actions for arrearages of rent, (not reserved by some instrument under seal); fourth, all actions of account, assumpsit, or on the case, founded on any contract or liability, expressed or implied; fifth, all actions of trespass on lands, or for libels; sixth, all actions for taking or injuring any goods or, chattels. Id. s. 6, Rev. Stat. 527, 528.

20. - 2. The following actions shall be commenced within one year after the cause of action shall accrue, and not after: first, all special actions on the case for criminal conversation, assault and battery and false imprisonment; second, all actions for words spoken, slandering the character of another; third, all words spoken whereby special damages are sustained. Id. s. 7.

21. - 3. All actions against sheriffs or other officers, for the escape of any person imprisoned on civil process, shall be commenced within one year from the time of such escape, and not after. Id. s. 8.

22. - 4. All actions against sheriffs and coroners, upon any liability incurred by them, by doing any act in their official capacity, or by the omission of any official duty, except for escapes, shall be brought within two years after the cause of action shall have accrued, and not thereafter. Id. s. 9.

23. - 5. All actions upon penal statutes where the penalty or any part thereof, goes to the state, or any county, or person suing for the same, shall be commenced within two years after the offence shall have been committed, or the cause of action shall have accrued. Id. s. 10.

24. - 6. All actions not included in the foregoing provisions, shall be commenced within five years after the cause of action shall have accrued. Id. s. 11.

25. - 7. In all actions of debt, account or assumpsit, brought to recover any balance due upon a mutual, open account current, the cause of action shall be deemed to have accrued from the time of the last item proved in such account Id. s. 12.

26. The savings are as follows: 1. If any person entitled to bring any action in the preceding seven sections mentioned, except in actions against sheriffs for escapes, and actions of slander, shall, at the time of action accrued, be either within the age of twenty-one years, or insane, or beyond the limits of this state, or a married woman, such person shall be at liberty to bring such action within the time specified in this act, after such disability is removed. Id. s. 13.

27. - 2. If any person entitled to bring an action in the preceding provisions of this act specified, die before the expiration of the time limited for the commencement of such suit, and such cause of action shall survive to his representatives, his executors or administrators may, after the expiration of such time, and within one year after such death, commence such suit, but not after that period. Id. s. 19.

28. - 3. If at any time when any cause of action specified in this act accrues against any person, he be out of the 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 the 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. Id. s. 20. If any person, by leaving the county absconding or concealing himself, or any other improper act of his own, prevent the commencement of any action in this act specified, such action may be commenceed within the times respectively limited, after the commencement of such action shall have ceased to be so prevented. Id. s. 26.

29. - 4. None of the provisions of this act shall apply to suit's brought to enforced payment on bills, notes, or evidences of debt issued by any bank, or moneyed corporation. Id. s. 18.

30. Connecticut. 1. As to lands. No person can make an entry into lands after fifteen years next after his right or title first accrued to the same; and no such entry is valid unless an action is afterwards commenced thereupon, and is prosecuted with effect within one year next after the making thereof; there is a proviso in favor of disabled persons, who may sue within five years after the disability has been removed.

31. - 2. As to personal actions. 1. In actions on specialties and promissory notes, not negotiable, the limitation is seventeen years, with a saving that "persons legally incapable to bring an action on such bond or writing at the accruing of the right of action, may bring the same within four years after becoming legally capable."

32. - 2. Actions of account, of debt on book, on simple contract, or assumpsit, founded on an implied contract, or upon any contract in writing, not under seal, (except promissory notes not negotiable,) within six years, saving as above three years.

33. - 3. In trespass on the case, six years, but no savings.

34. - 4. Actions founded upon express contracts not reduced to writing; upon trespass; or upon the case for word; three years and no savings.

35. - 5. Actions founded on penal statutes one year after the commission of the offence.

36. - 6. A new suit must be commenced within one year after reversal of the former, or when it was arrested.

37. Delaware. 1. As to lands. Twenty years of adverse possession of land is a bar. The general principles of the English law on this subject, have been adopted in this state.

38. - 2. As to personal actions. All actions of trespass quare clausum fregit; of detinue; trover and replevin, for taking away goods or chattels; upon account and upon the case; (other than actions between merchant and merchant, their factors and servants, relating to merchandise;) upon the case for words; of debt grounded upon any lending or contract without specially; of debt for arrearages of rent; and all actions of trespass, assault, battery, menace, wounding or imprisonment, shall be commenced and sued within three years next after the cause of such action or suit accrues, and not after.

39. The 2d section of the same act contains a saving, in favor of persons who, at the time of the cause of action accrued, are within the age of twenty-one years; femes covert; persons of insane memory, or imprisoned. Such persons must bring their actions within one year next after the removal of such disability as aforesaid.

40. In the 3d section of the same act, provision is made, that no person not keeping a day book, or regular book of accounts, shall be admitted to prove or require payment of any account of longer standing than one year against the estate of any person dying within the state, or if it consist of many particulars, unless every charge therein shall have accrued within three years next before the death of the deceased, and unless the truth and justice thereof shall be made to appear by one, sufficient witness; and in case of a regular book of accounts, unless such account shall have accrued or arisen within three years before the death of the deceased person.

41. In section 6th, there is a saving of the rights or demands of infants, femes covert, persons of insane memory, or imprisoned, so their accounts be proved and their claims prosecuted within one year after the removal of such disability.

42. By a supplementary act, it is declared, that nothing contained in this act, shall extend to any intercourse between merchant and merchant, according to the usual course of mercantile business nor to any demands founded on mortgages: bonds, bills, promissory notes, or settlements under the hands of the parties concerned.

43. All actions upon administration, guardian and testamentary bonds, must be commenced within six years after passing the said bonds; and actions on sheriff's recognizances, within seven years after the entering into such recognizances, and not after; saving in all these cases, the rights of infants, femes covert, persons of insane memory, or imprisoned, of bringing such actions on administration, guardian or testamentary bonds, within three years after the removal of the disability, and on sheriff's recognizances within one year after such disability removed.

44. No appeal can be taken from any interlocutory order, or final decrees of the chancellor, but within one year next after making and signing the final decree, unless the person entitled to such appeal be an infant, feme covert, non compos mentis, or a prisoner.

45. No writ of error, can be brought upon any judgment, but within five years after the confessing, entering or rendering thereof, unless the person entitled to such writ, be an infant, feme covert, non compos mentis, or a prisoner, and then within five years exclusive of the time of such disabi- lity. Constitution, article 5, s. 13.

46. There is no saving in favor of foreigners or citizens of other states. The courts of this state have adopted the general principles of the English law.