189. North Carolina. By the Revised Statutes, chapter 65, it is provided as
follows, to wit:
190. 1. As to lands. 1. That no person or persons nor their heirs, which
hereafter shall have any right or title to any lands, tenements, or
hereditaments, shall thereunto enter or make any claim, but within seven years
next after his, her, or their right or title descended or accrued, and in
default thereof, such person or persons, so not entering or making claim, shall
be utterly excluded and disabled from any entry or claim thereafter to be made:
Provided, nevertheless, that if any person or persons, that is or hereafter
shall be entitled to any right or claim of lands, tenements or hereditaments,
shall be, at the time the said right or title first descended, accrued, come or
fallen, within the age of twenty-one years, feme covert, non compos mentis,
imprisoned or beyond seas, that then such person or persons shall and may,
notwithstanding the said seven years be expired, commence his, her or their
suit, or make his, her, or their entry, as he, she, or they might have done
before this act, so as such person or persons shall, within three years next
after full age, discoverture, coming of sound mind, enlargement out of prison,
or persons beyond seas, within eight years after the title or claim becomes due,
take benefit and sue for the same, and at no time after the times or limitations
herein specified; but that all possessions, held without suing such claim as
aforesaid, shall be a perpetual bar against all, and all manner of persons
whatsoever, that the expectation of heirs may not, in a short time, leave much
land unpossessed, and titles so perplexed, that no man will know of whom to take
or buy land. Provided also, that if in any action of ejectment for the recovery
of any lands, tenements or hereditaments, judgment be given for the plaintiff,
and the same be reversed for error, or a verdict pass for the plaintiff, and,
upon matter alleged in arrest of judgment, the judgment be given against the
plaintiff that he take nothing by his plaint, writ or bill, or a verdict be
given against the plaintiff, in all such cases the party plaintiff, his heirs or
executors, as the case shall require, may commence a new action or suit from
time to time, within one year after such judgment reversed, or judgment given
against the plaintiff.
191. - §2. Where any person or persons, or the person or persons under whom
he, she, or they claim, shall have been, or shall continue to be, in possession
of any lands, tenements or hereditaments whatsoever, under titles derived from
sales, made either by creditors, executors or administrators of any person
deceased, or by husbands and their wives, or by endorsement of patents or other
colorable title, for the space of twenty-one years, all such possessions of
lands, tenements or, hereditaments, under such title, shall be and are hereby
ratified, confirmed and declared to be a good and legal bar, against the entry
of any person or persons, under the right or claim of the state, to all intents
and purposes whatsoever; Provided, nevertheless, that the possession so set up
shall have been ascertained and identified under known and visible lines or
boundaries.
192. - 2. As to personal actions. §3. All actions of trespass, detinue,
actions sur trover and replevin for taking away of goods and chattels, all
actions of account and upon the case, all actions of debt for arrearages of
rent, all actions of debt grounded upon any lending or contract without
specialty, and all actions of assault, menace, battery, wounding, and
imprisonment, or any of tbem, which shall be sued or brought, shall be commenced
or brought within the time and limitation in this act expressed, and not after;
that is to say, actions of account render, actions upon the case, ac- tions of
debt for arrearages of rent, actions of debt upon simple contract, actions of
detinue, replevin, and trespass either for goods and chattels or quare clausum
fregit, within three years next after the cause of such action or suit, and not
after; except such accounts as concern the trade of merchandise, between
merchant and merchant, and their factors, or servants; and the said actions of
trespass, of assault and battery, wounding, imprisonment, or any of them, within
one year after the cause of such action or suit, and not after; and the said
actions upon the case for words, within six months after the words spoken, and
not after.
193. - §4. Provided, nevertheless, that if, on any of the said actions or
suits, judgment be given for the plaintiff, and the same be reversed by error,
or a verdict pass for the plaintiff, and upon matter alleged in arrest of
judgment, the judgment be given against the plaintiff, that he take nothing by
his plaint, writ or bill; or if any of the said actions shall be brought by
original writ, and the defendant cannot be attached or legally served with
process, in all such cases, the party plaintiff, his heirs, executors or
administrators, as the case shall require, may commence a new action or suit,
from time to time, within a year after such judgment reversed, or such judgment
given against the plaintiff, or till the defendant can be attached or served
with the process, so as to compel him to appear and answer. And provided
further, that if any person or persons, that is or shall be entitled to any such
action or trespass, detinue, action sur trover, replevin, actions of accompt and
upon the case, actions of debt for arrearages of rent, actions of debt grounded
upon any lending or contract without specialty, actions of assault, menace,
battery, wounding, and imprisonment, actions of trespass quare clausum fregit,
actions upon the case for slanderous words, be, or shall be, at the time of any
such cause of action given or accrued, fallen or come, within the age of
twenty-one years, feme covert, non compos mentis, imprisoned or beyond the seas,
then such person or persons shall be at liberty to bring the same actions, so as
they bring the same within such times as are before limited, after their coming
to or being of full age, discovert, of sound memory, at large or returned from
beyond seas, as other persons having no such impediment might have done. And
provided further, that when any person or persons, against whom there is cause
of action, shall be beyond sea at the time of such cause of action given or
accrued, fallen or come, the person, who shall have such cause of action, may
bring his action against them within such time or times as are hereinbefore
limited, for bringing such actions after their return.
194. - §5. The limitation of actions shall apply to all bonds, bills, and
other securities made transferable by law, after the assignment or endorsement
thereof, in the same manner as it operates against promissory notes.
195. - 3. As to penal Actions. §6. All actions and suits to be brought on any
penal act of the general assembly, for the recovery of the penalty therein set
forth, shall be brought within three years after the cause of such action or
suit shall or may have accrued, and not after: Provided, that this act shall not
affect the time of bringing suit on any penal act of the general assembly, which
hath a time limited therein for bringing the same.
196. Ohio. 1. As to lands. Twenty-one years adverse possession of lands
operates a bar, with a saving in favor of infants, femes covert, persons insane,
imprisoned or beyond the sea, when the right of action accrues. And if a person
shall have left the state, and remain out of the same at the time the cause of
action accrued; or shall have left the state or county at any time during the
period of limitation, (that is, after the right of action has accrued,) and
remain out of the same in a place unknown to the person having the right of
action, suit may be brought at any time within the period of limitation, after
the return of such person to the state or county.
197. - 2. As to personal actions. 1st. Actions upon the case, covenant and
debt founded upon a specialty, or any agreement, contract or promise in writing,
may be brought within fifteen years after the cause of action shall have
accrued.
198. - 2d. Actions upon the case and debt founded upon any simple contract,
not in writing, and actions on the case for consequential damages, within six
years.
199. - 3d. Actions of trespass upon property, real or personal, detinue,
trover and replevin, within four years.
200. - 4th. Actions of trespass for any injury done to the person, actions of
slander for words spoken, or for a libel, actions for malicious prosecution, and
for false imprisonment; actions against officers for malfeasance or nonfeasance
in office, and actions of debt qui tam, within one year.
201. - 5th. Actions for forcible entry and detainer, or forcible detainer
only, within two years.
202. - 6th. All other actions within four years; and all penalties and
forfeitures given by statute and limited by the statute, within the times so
limited.
203. - 7th. Infants, femes covert, persons insane or imprisoned, entitled to
an action of ejectment, may, after the twenty-one years have elapsed, bring
their actions within ten years after such disability removed. They may bring all
other actions, within the respective times Iimited for bringing such actions,
after the disability removed.
204. - 8th. Actions, founded on contracts between persons resident at the
time of the contract without this state, which are barred by the laws of the
country where the contract was made, are barred in the courts of this state.
205. - 9th. In all actions on contracts express or implied, in case of
payment of an part, principal or interest, acknowledgment of an existing
liability, debt or claim, or any promise to pay the same, within the time herein
limited, the action may be commenced within the time limited after such payment,
acknowledgment or promise.
206. - 10th. If judgment be arrested or reversed, the suit abate or the
plaintiff become nonsuit, and the time limited shall have expired, the
plain-tiff may bring a new action within one year after such arrest, reversal,
abatement or nonsuit.
207. - 11th. A person who has left the state, or resides out of it, or whose
place of residence is unknown although in the state, at the time the cause of
action accrues, may be sued within the time limited by the act, after his return
or to removal the state, or his place of residence, if in the state, becomes
known. O. Stat. vol. 29, 214; Act of Feb. 18, 1831. Took effect, June 1, 1831.
Swan's Col. Laws, 553, 4, 5, 6.
208. This act only operates upon causes of action accruing after the act took
effect, and all causes of action previously subsisting are governed by the
statutes (and there have been several) in force when the respective causes of
action accrued, none of the statutes being retrospective in their operation. 7
O. R. p. 2, 235, West's Adm'r. v. Hymer; Id. 153, Hazlett et al. v.Critchfield
et al.; 6 Id. 96, Bigelow's Ex'r. v. Bigelow's Adm'r.
209. - 3. As to penal actions. Prosecutions for any forfeitures under a penal
statute, must be instituted within two years, unless otherwise specially
provided for.
210. Pennsylvania. 1. As to lands. From henceforth no person or persons
whatsoever, shall make entry into any manors, lands, tenements or hereditaments,
after the expiration of twenty-one 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 manor, lands, tenements or hereditaments, of the seisin
or possession of him, her or themselves, his, her, or their ancestors, or
predecessors, nor declare or allege any other seisin or possession of him, her
or themselves, his, her or their ancestors or predecessors, than within
twenty-one years next before such writ, action, or suit so hereafter to be sued,
commenced or brought. Act of March 26, 1785, s. 2, 2 Smith's Laws Pa. 299.
211. Section 4, provides, that if any person or persons having such right or
title be, or shall be at the time such right or title first descended or
accrued, within the age of twenty-one years, feme covert, non compos mentis,
imprisoned or beyond the seas, or from and without the United States of America,
then such person or persons, and the heir or heirs of such person or persons,
shall and may, notwithstanding the said twenty-one years be expired, bring his
or their action, or make his or their entry, as he, she or, they might have
done, before the passing of this act, so as such person or persons, or the heir
or heirs of such person or persons, shall within ten years next after attaining
full age, discoverture, soundness of mind, enlargement out of prison, or coming
into the said United States, take benefit of or sue for the same, and no time
after the said ten years; and in case such person or persons shall die within
the said term of ten years, under any of the disbilities aforesaid, the heir or
heirs of such person or persons shall have the same benefit, that such person or
persons could or might have had; by living until the disabilities should, have
ceased or been removed; and if any abatement happen in any proceeding or
proceedings upon such right or title, such proceeding or proceedings may be
renewed and continued, within three years from the time of such abatement, but
not afterward.
212. By the act of March 11, 1815, the provision above contained, so far as
the same relates to persons beyond the seas, and from and without the United
States of America, is repealed.
213. - 2. As to personal actions. All actions of trespass quare clausum
fregit, all actions of detinue, trover and replevin, for taking away goods and
cattle, all actions upon account, and upon the case, (other than such accounts
as concern the trade of merchandise between merchant and merchant, their factors
or servants,) all actions of debt, grounded upon any lending or con- tract
without specialty, all actions of debt for arrearages of rent, except the
proprietaries' quit rents, and all actions of trespass, of assault, menace,
battery, wounding and imprisonment, or any of them, which shall be sued or
brought at any time after the five and twentieth day of April, which shall be in
the year of our Lord one thousand seven hundred and thirteen, shall be commenced
and sued within the time and limitation hereafter expressed, and not after; that
is to say, the said actions upon the case, other than for slander, and the said
actions for account, and the said actions for trespass, debt, detinue, and
replevin for goods or chattels, and the said actions of trespass quare clausum
fregit, within six years next after the cause of such actions or suit, and not
after. And the said actions of trespass, of assault, menace, battery, wounding,
imprisonment, or any of them, within two years next after the cause of such
actions or suit, and not after. And the said actions upon the case for words,
within one year next after the words spoken, and not after. Act. of March 27,
1713, s. 1.
214. If in any of the said actions or suits, judgment be given for the
plaintiff and the same be reversed by error, or a verdict passed for the
plaintiff, and upon matter alleged in arrest of judgment, the judgment be given
against the plaintiff, that he take nothing by his plaint, writ or bill, then
and in every such case, the party plaintiff, his heirs, executors, or
administrators, as the case may require, may commence a new action or suit, from
time to time, within a year after such judgment reversed, or given against the
plaintiff, as aforesaid, and not after. Id. s. 2.
215. In all actions upon the cause, for slanderous words, to be sued or
prosecuted by any person or persons, in any court within this province, after
the said twenty-fifth day of April next, if the jury upon trial of the issue in
such action, or the jury that shall inquire of the damages, do find or assess
the damages under forty shillings, then the plaintiff or plaintiffs in such
action shall have and recover only so much costs as the damages so given or
assessed do amount unto without any further increase of the same. Id. s. 4.
216. Provided nevertheless, that if any person or persons who is or shall be
entitled to any such action or trespass, detinue, trover, replevin, actions of
account, debt, actions for trespass, for assault, menace, battery, wounding or
imprisonment, actions upon the case for words, be, or, at the time of any cause
of such action given or accrued, fallen, or come, shall be within the age of
twenty-one years, feme covert, non compos mentis, imprisoned or beyond the sea,
that then such person or persons shall be at liberty to bring the same actions,
so as they take the same within such times as are hereby before limited, after
their coming to or being of full age, discoverture, of sound memory, at large,
or returning into this province as other persons. id. s. 5.
217.-3. As to penal actions. All actions, suits, bills, indictments or
information, which shall be brought for any forfeiture upon any penal act of
assembly made or to be made, whereby the forfeiture is or shall be limited to
the commonwealth only, shall hereafter be brought within two years after the
offence was committed, and at no time afterwards, and all actions, suits, bills,
or informations which shall be brought for any forfeiture upon any penal act of
assembly made or to be made, the benefit and suit whereof is or shall be by the
said act limited to the commonwealth, and to any person or persons that shall
prosecute in that behalf, shall be brought by any person or persons that may
lawfully sue for the same, within one year next after the offence was committed;
and in default of such pursuit, then the same shall be brought for the
commonwealth, any time within one year after that year ended; and if any action,
suit, bill, indictment or information shall be brought after the time so
Iimited, the same shall be void, and where a shorter time is limited by any act
of assembly, the prosecution shall be within that time. Act of March 26, 1785,
s. 6.
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