96. Massachusetts. By the Revised Statutes, ch. 120, it is provided as
follows, to wit:
97. - §1. The following actions shall be commenced within six years next
after the cause of action shall accrue, and not afterwards
98. 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:
99. Secondly, all actions upon judgments rendered in any court, not being a
court of record:
100. Thirdly, all actions for arrears of rent:
101. Fourthly, all actions of assumpsit, or upon the case, founded on any
contract or liability, express or implied:
102. Fifthly, all actions for waste and for trespass upon land:
103. Sixthly, all actions of replevin and all other actions for taking,
detaining or injuring goods or chattels:
104. Seventhly, all other actions on the case, except actions for slanderous
words and for libels.
105. - §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.
106. - §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.
107. - §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.
108. - §5. In all actions of debt or assumpsit brought to recover the
bal-ance 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.
109. - §6. If any person entitled to bring any of the actions before
mentioned in this chapter shall, at the time when the cause of action accrues,
be within the age of tweuty-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.
110. - §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.
lll. - §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 Iimited
for the commencement of any of the actions before mentioned.
112. - §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
time limited for the commencement of the action.
113. - §10. If any person, entitled to bring any of the actions, before
mentioned 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 anytime within two years after the grant
of letters testamentary or of administration, and not afterwards, if barred by
the provisions of this chapter.
114. - §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 commnence 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.
115. - §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.
116. Michigan. 1. As to lands. Sec. 1. In all real actions the statute of
limitation takes effect as follows, to wit: In all actions for the recovery of
land the statute runs after twenty years from the time the cause of action
accrued, or within twenty-five years after the plaintiff or those from, by or
under whom he claims, shall have been seised or possessed of the premises,
except as specified below.
117. - Sec. 2. If the right or title accrued to an ancestor or predecessor of
the person who brings the action or makes the entry upon the land, or to any
other person from, by or under whom he claims, the said twenty-five years shall
be computed from the time when the right or title so first accrued to such
ancestor, predecessor or other person.
118. - Sec. 3. The right to bring an action for the recovery of land or to
make an entry thereon shall be deemed first to accrue when any person is
disseised, at the time of such disseisin.
119. When any person claims as heir or devisee of one who died seised, his
right shall be deemed to have accrued at the time of such death; unless there is
a tenancy by the curtesy or other estate, intervening after the death of such
ancestor or devisor, in which case the right shall be deemed to accrue when such
intermediate estate shall expire, or when it would have expired by its own
limitation.
120. When there is such an intermediate estate, and in all other cases when
the party claims by force of any remainder or reversion, his right, so far as it
is affected by the limitation herein prescribed, shall be deemed to accrue when
the intermediate or precedent estate would have expired by its own limi-tation,
notwithstanding any forfeiture thereof for which he might have entered at an
earlier time; but if the person claims by reason of any forfeiture or breach of
the condition, the statute runs from the time when the forfeiture was incurred
or the condition was broken.
121. In all other cases not otherwise provided for, the right shall be deemed
to accrue when the claimant or the person under whom he claims first became
entitled to the possession of the premises, under the title upon which the entry
or action is founded.
122. - Sec. 4. If any minister or other sole corporation shall be disseised,
any of his successors may enter upon the premises, or bring an action for the
recovery thereof at any time within five years after death, resignation or
removal of the person so disseised, notwithstanding the twenty-five years after
such disseisin shall have expired.
123. - Sec. 5. If the person first entitled to make such entry or bring such
action shall die within the age of twenty-one years, or be a married woman,
insane, imprisoned in the state prison, or absent from the United States, and no
determination or judgment shall have been had of or upon the title, right or
action which accrued to him, the entry may be made or the action brought by his
heirs, or any other person claiming from, by or under him, at any time within
ten years after his death, notwithstanding the said twenty-five years shall have
expired.
124.- Sec. 6. No person shall be deemed to have been in possession of any
lands within the meaning of the foregoing provisions merely by reason of having
made an entry thereon, unless he shall have continued open and peaceable
possession of the premises for the space of one year next after such entry, or
unless an action shall be commenced upon such entry and seisin within one year
after he shall be ousted or dispossessed of the premises. R. S., p. 573 and
574.
125. No actions for the recovery of an estate sold by an executor or
administrator shall be maintained by the heir or other person claiming under the
deceased testator or intestate, unless it be commenced within five years next
after the sale. And no actions for any estate sold by a guardian shall be
maintained by the ward or any other person claiming under him, unless it be
commenced within five years after the termination of the guardianship. Except
that persons out of the state and minors and others under any legal disability
to sue at the time when the right of action shall first accrue, may commence
such action at any time within five years after the disability is removed, or
after their return to the state. R. S., p. 317, see. 35.
126. - 2. As to personal actions. The following actions shall be commenced
within six years next after the cause of action shall accrue and not afterwards,
to wit:
127. - 1st. 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, or of general equity jurisdiction of the United States, or of this or
some other of the United States.
128. - 2d. All actions upon judgments rendered in any court other than those
above excepted.
129. - 3rd. All actions for arrears of rent.
130. - 4th. All actions of assumpsit or upon the case founded on any contract
or liability express or implied.
131. - 6th. All actions for waste.
132. - 6th. All actions of replevin and trover and all other actions for
taking, detaining, or injuring goods and chattels.
133. - 7th. All other actions on the case, except actions for slanderous
words or for libels.
134. - Sec. 2. All actions for trespass upon land or 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 ]lot afterwards.
135. - Sec. 3. All actions against sheriffs for the misconduct or neglect of
their deputies shall be commenced within four years next after the cause of
action shall accrue and not afterwards.
136. - Sec. 4. None of the foregoing provisions shall apply to any action
brought, upon any bills, notes or other evidence of debt issued by any bank.
137. - Sec. 5. ln all actions of debt or assumpsit brought to recover the
balance due upon 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.
138 .- Sec. 6. If any person entitled to bring any of the actions before
mentioned in this chapter shall, at the time when the cause of action accrues,
be within the age of twenty-one years, or a married woman, insane, imprisoned in
the state prison, or absent from the United States, such person may bring the
said actions within the time in this chapter respectively limited after the
disability shall be removed.
139. - Sec. 7. All personal actions or any contract not limited by the
foregoing sections or by an other laws of this state shall be brought within
twenty years after the accruing of the cause of action.
140. - Sec. 8. When any person shall be disabled to prosecute an action 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 period herein limited for the
commencement of an of the actions before mentioned.
141. - Sec. 9. If at the time when a 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 this 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
time limited for the commencement of the action.
142. - Sec. 10. If any person entitled to bring any of the actions before
mentioned shall die before the expiration of the time herein limited 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 granting of the letters testamentary or of administration, and
not afterwards, if barred by the provisions of this chapter.
143. - Sec. 11. If in any action, duly commenced within the time limited in
this chapter and allowed therefor, the writ shall fail of a sufficient service
or return, by an unavoidable accident or by any default or neglect of the
officer to whom it is committed, or if the suit shall be abated, or the action
otherwise avoided or defeated by the death of any party thereto, or for any
other 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, the executor or administrator may in case of his death commence
such action within said one year.
144. - Sec. 12. ln case of the fraudulent concealment of the right of action,
such action may be commenced at any time within six years after the person
entitled to the same shall discover that he has such cause of action. R. S., p.
576, 577 and 578.
145. - Sec. 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 the whole or in part, shall be commenced within one year next after the
offence was committed, and not afterwards.
146. - Sec. 22. If the penalty or forfeiture is given in whole or in part to
the state, a suit therefor may be commenced by or in behalf of the state at any
time within two years after the offence was committed and not afterwards. Rev.
Stat., p. 579.
147. - 3. As to crimes. The statute of limitations in criminal cases takes
effect after six years from the time the offence was committed; but any period
during which the party charged was not usually and publicly resident within this
state shall not be reckoned as a part of the six years. In case of murder,
however, there is no limitation. Rev. Stat., p. 666, sec. 15.
148. Mississippi. 1. As to lands. Real, possessory, ancestral and mixed
actions for lands, tenements, or hereditaments must be instituted within twenty
years next after the right or title thereto, or cause of action accrued. How.
& Hutch. page 568, ch. 43, sec. 88 , L. 1822. Right or title of entry is
barred after twenty years. Id. sec. 89, L. 1822. Fifty years actual possession
uninterruptedly continued by occupancy, descent, conveyance or otherwise, vests
a complete title in the occupier. Id. sec. 90, L. 1822. Real estate, which may
have escheated to the state, must be claimed within two years next after the
inquisition, or it will be sold. How. & Hutch. page 263, ch. 34, sec. 84, L.
1822. If real estate escheat to the state and be sold, the moneys arising from
such sale may be claimed within twelve years next from the day of such sale; Id.
sec. 87, L. 1822; and moneys arising from sale of personal estate, escheated,
may be claimed within six years next after the sale thereof. Ib. All persons
claiming real estate escheated, either by descent or otherwise, must appear and
traverse the office of inquest within twelve years from the date thereof, and in
case of personal estate, within six years, or they will be forever barred of
their claim. Id. sec. 88, L. 1822.
149. - 2. As to personal actions. 1st. On contracts. These are, 1. Actions on
simple contracts must be commenced and sued within six years next after the
cause of action accrued. Except such actions as concern the trade or
merchan-dise between merchant and merchant, their factors, agents and servants
where there are mutual dealings and mutual credits. How. & Hutch. page. 569,
ch. 43, sec. 91, L. 1822 How. Rep. 2, 786.
150. Actions founded upon any account for goods, wares or merchandise, sold
and delivered, or for any articles charged in any store account, must be
commenced and sued within three years next after cause of action accrued.
Post-dating any article in such account is highly penal. How. & Hutch. page
570, ch. 43, sec. 98, L. 1822.
151. - 2. Actions on specialties must be commenced and sued within sixteen
years next after cause of action accrued. How. & Hutch. page 569, ch. 43,
sec. 95, L. 1822.
152. Judgments recovered in any court of record as well without as within
this state, may be revived by scire facias, or an action of debt brought thereon
within twenty years next after the date of such judgment. How. & Hutch.
pages 570 and. 574, ch. 43, sec. 96 and 111, Laws 1822 and 1830. This extends to
decrees of the chancery court. How. Rep. 4, 31.
153. - 3. Suits on bonds, or recognizances against sureties for public
officers must be commenced and sued within five years next after cause of action
accrued. Id. sec. 97, page 570, L. 1822.
154. - 2d. On torts. Actions for torts affecting the person must be sued
within two years next after cause accrued. How. & Hutch. page 569, ch. 43,
sec. 92, L. 1822. Actions of slander for words spoken or written must be sued
within one year. Id. sec. 93, L. 1822; How. Rep. 2, 698. Actions of trespass
quare clausum fregit; trespass; detinue; trover; replevin, for taking away goods
and chattels, actions on the case, must be sued within six years next after
cause of action accrued. Id. How. & Hutch. page 569, ch. 43, sec. 91, L.
1822.
155. - 3. As to penal actions. Penal actions are limited to twelve months
from the time of incurring the fine or forfeiture. (Persons absconding or
fleeing from justic are excepted:) How. & Hutch 49, see. 19, L. 1822.
156. - 4. As to crimes. Indictments, presentments or informations for
offences (crimes) must be found or exhibited within one year next after the
offence committed, (except for wilful murder, arson, forgery, counterfeiting and
larceny; as to which there is no limitation.) How. & Hutch. p. 668, ch. 49;
sec. 19, L. 1822.
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