157. Missouri. 1. As to lands. That from henceforth no person or persons
whatsoever shall make entry into any lands, tenements or hereditaments, after
the expiration of twenty years next after his, her or their right or title to
the same first descended or accrued; nor shall any person or persons whatsoever
have or maintain any writ of right, or any other real or possessory writ or
action for any lands, tenements, or hereditaments of the seisin or possession of
him, her or them, his, her or their ancestors or predecessors, nor declare or
allege any other seisin or possession of him, her or them, his, her or their
ancestors or predecessors, than within twenty years next before such writ,
action, or suit, so hereafter to be sued, commenced or brought. Act of 1848.
Infants, femes covert, persons of unsound memory, imprisoned, beyond seas, or
without the jurisdiction of the United States, may sustain such actions
commenced within twenty years after the disability has been removed.
158. - 2. As to personal actions. In all actions upon the case (other than
for slander;) actions for accounts, (other than such accounts as concern the
trade of merchandise between merchant and merchant, their factors and servants;)
actions for debt, grounded upon any lending or contract without specialty, or of
debt for arrearages of rent; and actions of trespass quare clausum fregit, shall
be brought within five years after the cause of action shall accrue.
159. All actions upon accounts for goods, wares and merchandise sold and
delivered, or for any article in any store account; all actions of trespass vi
et armis, assault and battery, and imprisonment, shall be brought within two
years after the cause of action shall accrue.
160. Actions on the case for words, one year after the words spoken; and
writs of error shall be brought within five years after the judgment or order of
complaint shall be rendered and not after. Act of July 4, 1807.
161. The plaintiff may within one year commence a new suit when a former
judgment has been reversed, or the plaintiff has suffered a nonsuit.
162. - 3. As to criminal actions. Actions, suits, indictments, or
informations, (if the punishment be fine and imprisonment,) must be brought
within two years after the offence has been committed, and not after.
163. New Hampshire. 1. As to lands. No action can be maintained for the
recovery of lands, unless upon a seisin within twenty years, except by persons
under disability, that is, by those under twenty-one years of age, femes covert,
non compos mentis, imprisoned, or without the limits of the United States, who
may sue within five years after the disability has been removed.
164. - 2. As to personal actions. Actions in general are limited to be
brought within six years after they have accrued; but actions of trespass,
assault and battery, are limited to three years and actions of slander to two.
Infants, femes covert, persons imprisoned, or beyond sea, without the Iimits of
the United States, or non compos mentis, may bring an action within the same
time, after the disability has been removed. When the defendant has left the
state before the action accrued, and left no property there which could have
been attached, then the whole time is allowed after his return.
165. New Jersey. 1. As to lands. By the act of June 5, 1787, it was
166. - §1. At the aforesaid date, that sixty years actual possession of
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 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 whatsoever for the recovery
of such lands, &c.
167. - §2. And that thirty years' actual possession of lands, &c.
uninterruptedly continued as aforesaid, wherever such possession commenced or is
founded upon a proprietory 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 land, &c. of any person 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, and shall vest an absolute right and title in
the actual possessor or occupier of all such lands, &c.
168. Provided, That if any person or persons having a right or title to
lands, &c. shall, at the time of the said right or title first descended or
accrued, be within twenty-one years of age, feme covert, non compos, imprisoned,
or without the United States, then such person or persons, and his heir or heirs
may, notwithstanding the aforesaid times are expired, be en-titled 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 actions 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 other time.
169. And provided that any citizens of this, or any of the United States, and
his or their heirs, having such right, &c. may, notwithstanding the
aforesaid times expired, commence his or their action for such lands, &c.,
at any time within five years next after the passing of this act, and not
170. By the act of February 7, 1799, s. 9, it is enacted, that no person who
now hath, or hereafter may have, any right or title of entry, into lands,
tenements or hereditaments, shall make entry therein, but within twenty years
next after such right or title shall accrue, and such person shall be barred
from any entry afterwards.
171. Provided, That the time during which the person who hath or shall have
such right or title of entry shall have been under the age of twenty-one years,
feme covert, or insane, shall not be computed as part of the said limited period
of twenty years.
172. By section 10, of the same act, from and after the first day of January,
1803, every real, possessory, ancestral, mixed or other action for any lands,
tenements or hereditaments, shall be brought or instituted within twenty years
next after the, right or title thereto or cause of such action shall accrue, and
173. Provided, That the time during which the person who hath or shall have
such right or title or cause of action, shall have been under the age of
twenty-one years, feme covert, or insane, shall not be computed as part of the
said twenty years.
174. - Section 11. That if a mortgagee and those under him be in possession,
of lands, &c. contained in the mortgage or any part thereof, for twenty
years after default of payment, then the right or equity of redemption therein,
shall be barred, forever.
175. - Section 13. That no person or persons, bodies politic or corporate,
shall be sued or impleaded by the state of New Jersey, for any land, &c. or
any rents, revenues, or profits thereof, but within twenty years after the
right, title or cause of action to the same shall accrue and not after.
176. - 2. As to personal actions. It is enacted that all actions of trespass
quare clausum fregit; trespass; detinue; trover; replevin; debt, founded on any
lending or contract without specialty, or for arrearages of rent due on a parol
demise; of account, (except such actions as concern the trade of merchandise
between merchant and merchant, their factors, agents and servants;) and on the
case, (except actions for slander,) shall be commenced and sued within six years
next after the cause of such actions shall have accrued, and not after. That 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 accrued and not after. That every action upon the
case for words, shall be commenced and sued within two years next after the
words spoken, and not after. Persons within the age of twenty-one years, femes
covert or insane, may institute such actions within such time as is before
limited after his or her coming to or being of full age, discoverture, or sane
177. The act of February 7, 1799, s. 6, provides that every action of debt,
or covenant for rent, or arrearages of rent, founded upon lease under seal; debt
on any bill or obligation for the payment of money only, or upon any award,
under the hands and seals of arbitrators, for the payment of money only, shall
be commenced and sued within sixteen years next after the cause of such action
shall have accrued, and not after; but if any payment shall have been made on
any such lease, specialty or award, within or after the said period of sixteen
years, then an action, instituted on such lease, specialty or award, within
sixteen years after such payment, shall be effectual in law, and not after.
Provided, That the time during which the person, who is or shall be entitled to
any of the actions specified in this section, shall have been within the age of
twenty-one years, feme covert, or insane, shall not be taken or computed as part
of the said limited period of sixteen years.
178. As to crimes. By the statute passed February 17,1829, Harr. Comp. 243,
all indictments for offences punishable with death, (except murder,) must be
found within three years, and all offences not punishable with death, must be
brought within two years; except, as to both, where the offender flies.
179. - 4. As to penal actions. By the statute of February 7, 1799, Rev. Laws,
410, all popular and qui tam actions, and also all actions on penal statutes by
the party grieved, must be brought within two years.
180. New York. The provisions limiting the time of commencing actions, are
contained in the Revised Statutes, part 3, chapter 4, tit. 2, and are
substantially as follows:
181. - 1. As to lands. The people of this state will not sue or implead any
person for, or in respect to any lands, tenements, or hereditaments, or for the
issues or the profits thereof, by reason of any right or title of the said
people to the same, unless, 1. Such right shall have accrued within twenty years
before any suit, or other proceeding for the same shall have been commenced; or
unless, 2. The said people or those from whom they claim, shall have received
the rents and profits of such real estate, or some part thereof, within the said
space of twenty years. Grantees of the state cannot recover, if the state could
not; and when patents granted by the state are declared void for fraud, a suit
may be brought at any time within twenty years thereafter.
182. 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.
183. No avowry or cognizance of title of real estate, or to any rents or
services, shall be valid, unless it appear that the person making the avowry, or
the person in whose right the cognizance is made, or the ancestor, pre-
decessor, or grantor of such person, was seised or possessed of the premises in
question, within twenty years before committing the act, in defence of which the
avowry or cognizance is made.
184. No entry upon real estate 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 of making
such entry accrued.
185. All writs of scire facias upon fines, heretofore levied, of any manors,
lands, tenements, or hereditaments, shall be sued out within twenty years next
after the title or cause of action first descended or fallen, and not after that
186. If any person entitled to commence any action as above specified, or to
make any entry, avowry, or cognizance, be at the time such title shall first
descend or accrue, either, 1. Within the age of twenty-one years or, 2. Insane;
or, 3. Imprisoned on any criminal charge or in execution upon some con- viction
of a criminal offence for any term less than for life; or, 4. A married woman;
the time during which such disability shall continue shall not be deemed any
portion of the time above limited, for the commencement of such suit, or the
making such entry, avowry, or cognizance; but such person may bring such action,
or make such entry, avowry, or cognizance, after the said time so limited, and
within ten years after such disability removed and not after. In case of the
death of the person entitled to such action, &c., before any determination
or judgment in the case, his heirs may institute the same within ten years after
his death, but not after. Rev. Statutes, part 3, c. 4, tit. 2, article 1.
187. The 68th section of the act "to simplify and abridge the practice,
pleadings and proceedings of the courts of this state," (New York,) passed the
12th of April 1848, known as the Code of Procedure, enacts that the provisions
of the Revised Statutes, contained in the article entitled, "Of the time of
commencing actions relating property," shall, until otherwise provided by
statute, continue in force, and be applicable to actions for the recovery of
188. - 2. Other actions than for the recovery of real property, and actions
already commenced, or cases where the right of action has accrued, to which the
statutes in force when the said act was passed shall be applicable, according to
the subject of the action, and without regard to the form, must be commenced
within the times as provided for in part 2, t. 2, c. 3 and 4, of the code of
procedure in the following sections, namely:
§70. Within twenty years:
1. An action upon a judgment or decree of any court of the United States,
or of any state or territory within the United States. 2. An action upon a
§ 71. Within six years:
§72. Within three years:
1. An action upon a contract, obligation or liability, express or
implied; excepting those mentioned in section seventy.
2. An action upon a liability created by statute, other than a penalty or
3. An action for trespass upon real property.
4. An action for taking, detaining or injuring any goods or chattels,
including actions for the specific recovery of personal property.
5. An action for criminal conversation, or for any other injury to the
person or rights of another, not arising on contract, and not hereinafter
6. An action for relief, on the ground of fraud; the cause of action in
such case not to be deemed to have accrued, until the discovery by the
aggrieved party, of the facts constituting the fraud.
§73. Within two years:
1. An action against a sheriff or coroner, upon a liability incurred by
the doing of an act in his official capacity, and in virtue of his office,
or by the omission of an official duty; including the non-payment of money
collected upon an execution. But this section shall not apply to an action
for an escape.
2. An action upon a statue, for a penalty or forfeiture, where the action
is given to the party aggrieved, or to such party and the people of this
state, except where the statute imposing it prescribes a different
1. An action for libel, slander, assault, battery, or false
2. An action upon a statute, for a forfeiture or penalty to the people of
§74. Within one year:
1. An action against a sheriff or other officer, for the escape of a
prisoner arrested, or imprisoned on civil process.
§75. In an action brought to recover a balance due upon a mutual, open and
current account, where there have been reciprocal demands between the parties,
the cause of action shall be deemed to have accrued from the time of the last
item in the account, on the adverse side.
§76. An action upon a statute for a penalty or forfeiture, given in whole
or in part to any person who will prosecute for the same, must be commenced
with-in one year after the commission of the offence, and if the action be not
commenced within the year, by a private party, it may be commenced within two
years thereafter, in behalf of the people of this state, by the
attorney-general, or the district attorney of the county where the offence was
§77. An action for relief, not hereinbefore provided for, must be commenced
within ten years after the cause of action shall have accrued.
§78. The limitations prescribed in this title shall apply to actions
brought in the name of the people of this state or for their benefit, in the
same manner as to actions by private parties.
§79. An action shall not be deemed commenced, within the meaning of this
title, unless it appear:
§ 80. If, when the cause of action shall accrue against a
person, he be out of the state, the action may be commenced within the term
herein limited, after his return to the state; and if, after the cause of
action shall have accrued, he depart from and reside out of the state, the
time of his absence shall not be part of the time limited for the commencement
of the action.
1. That the summons or other process therein was duly served upon the
defendants, or one of them; or
2. That the summons was delivered, with the intent that it should be
actually served, to the sheriff of the county in which the defendants, or
one of them, usually or last resided; or, if a corporation be defendant, to
the sheriff of the county in which such corporation was established by law,
or where its general business was transacted, or where it kept an office for
the transaction of business.
§81. If a person entitled to bring an action, except for a penalty or
forfeiture, or against a sheriff or other officer for an escape be at the time
the cause of action accrued, either:
§82. If a person entitled to bring an action, die before
the expiration of the time limited for the commencement thereof, and the cause
of action survive, his representatives may commence the action, after the
expiration of that time, and within one year from his death.
1. Within the age of twenty-one years; or,
2. Insane; or,
3. Imprisoned on a criminal charge, or in execution under the sentence of
a criminal court, for a term less than his natural life; or,
4. A married woman: The time of such disability shall not be part of the
time limited for the commencement of the action.
§83. When a person shall be an alien, subject or citizen of a country at
war with the United States, the time of the continuance of the war shall not
be part of the period limited for the commencement of the action.
§84. If an action shall be commenced within the time prescribed therefor,
and a judgment therein for the plaintiff be reversed, on appeal, the
plain-tiff, or if be die and the cause of action survive, his heirs or
representatives may commence a new action within one year after the
§85. When the commencement of an action shall be stayed by injunction, the
time of the continuance of the injunction shall not be part of the time
limited for the commencement of the action.
§86. No person shall avail himself of a disability, unless it existed when
his right of action accrued.
§87. When two or more disabilities shall exist, the limitation shall not
attach until they all be removed.
§88. This title shall not affect actions to enforce the payment of bills,
notes, or other evidences of debt issued by moneyed corporations, or issued or
put in circulation as money.
§89. This title shall not affect actions against directors or stockholders
of a moneyed corporation, to recover a penalty or forfeiture imposed, or to
enforce a liability created by the second title of the chapter of the Revised
Statutes, entitled "Of Incorporations;" but such actions must be brought
within six years after the discovery, by the aggrieved party, of the facts
upon which the penalty or forfeiture attached, or the liability was
§90. Where the time for commencing an action arising on contract shall have
expired, the cause of action shall not be deemed revived by an acknowledgment
or new promise, unless the same be in writing, subscribed by the party to be