218. Rhode Island. 1. As to lands. It is enacted that where any person or
persons, or others from whom he or they derive their titles, either by
themselves, tenants or lessees, shall have been for the space of twenty years,
in the uninterrupted, quiet, peaceable and actual seisin and possession of any
lands, tenements or hereditaments in the, state, during the said time, claiming
the same as his, her or their proper, sole and rightful estate in fee simple,
such actual seisin and possession shall be allowed to give and make a good and
rightful title to such person or persons, their heirs and assigns, forever;
saving and excepting however, the rights and claims of persons under age, non
compos mentis, feme covert, and persons imprisoned, or beyond seas, they
bringing their suits for the recovery of such lands, &c., within the space
of ten years next after the removal of such impediment saving also, the rights
and claims of any person or persons, having any estate in reversion or
remainder, expectant or dependent on any lands, &c., after the determination
of the estate for years, life, &c.; such person or persons pursuing his or
their title by due course of law, within ten years after his or their right of
action shall accrue.
219. - 2, As to personal actions. It provides that all actions upon the case,
(except actions for slander,) all actions of account, (except such as concern
trade and merchandise between merchant and merchant, their actors or servants,)
all actions of detinue, replevin and trover, all actions of debt founded upon
any contract without specialty, and all actions of debt for arrearages of rents,
must be commenced within six years next after the accruing of the cause of said
actions, and not after. That all actions of trespass for breaking enclosures,
and all other actions of trespass for any assault, battery, wounding and
imprisonment, must be commenced within four years next after the accruing of
such cause of action, and not after. And that actions upon the case for words
spoken, must be commenced within two years next after the words spoken, and not
after. If the person against whom there is any such cause of action, at the time
the same accrued, was without the limits of the state, and did not leave
property or estate therein, that could, by common and ordinary process of law be
attached, in that case, the person who is entitled to such action, may commence
the same, within the respective periods limited in the preceding clause, after
such person's return into the state. If a person, entitled to any of the before
described actions, is at the time any such cause of action accrues, within the
age of twenty-one, feme covert, non compos mentis, imprisoned, or beyond sea,
such person may commence the same within the times respectively, limited as
above, after being of full age, discovert, of sane memory, at large, or returned
from beyond sea.
220. - South Carolina. 1. As to lands. By the act of 1712, s. 2, it is
enacted, that if any person or persons to whom any right or title to lands,
tenements or hereditaments within this province, shall hereafter descend or
come, do not prosecute the same within five years after such right or title
accrued, that then he or they, and all claiming under him or them, shall be
forever barred to recover the same.
221. By section 5, that not only the persons who have not made claim within
the time limited shall be barred, but also all persons that shall come under
such as have lost their claim.
222. And by section 2, that any person or persons beyond the seas, or out of
the limits of this province, feme covert, or imprisoned, shall be allowed the
space of seven years to prosecute their right or title, or claim to any lands,
tenements, or hereditaments in this province, after such right and title accrued
to them or any of them, and at no time after the said seven years; and also, any
person or persons that are under the age of twenty-one years, shall be allowed
to prosecute their claims at any time within two years after they come of age,
and if beyond the seas, three years." But a subsequent act, in 1778; Pub. L.
455, s. 2; as to persons under twenty-one, allows five years to prosecute their
right to lands, after coming to twenty-one.
223. - 2. As to personal actions. By the act of 1712, s. 6, actions of
account, and upon the case, (other than case for slander, and upon such accounts
as concern the trade of merchandise between merchant and merchant, their factors
or servants;) of debt grounded upon any lending or contract without specialty,
or for arrearages of rent reserved by indenture; of covenant; of trespass, and
trespass quare clausum fregit; of detinue, and of replevin for taking away of
goods and chattels; must be commenced within four years next after the cause of
such action or suits, and not after. Actions of trespass, of assault and
battery, wounding, imprisonment, or any of them, within one year next after the
cause of action; and actions on the case for words, within six months next after
the words spoken, and not after.
224. There are various minute provisions in the savings, in favor of persons
under age, insane, beyond seas, imprisoned, and of femes covert.
225. When the defendant is beyond seas at the time any personal action
accrues, the plaintiff may sue, after his return, within such times as is
limited for bringing such action. Act of 1712, s. 6.
226. Tennessee. 1. As to lands. The act of Nov. 16, 1819, c. 28, 2 Scott,
482, enacts in substance: §l. That any persons, their heirs or assigns, who
shall, at the passing of the act, or at any time after, have had seven years
possession of any lands, tenements, or hereditaments, which have been granted by
this state, or the state of North Carolina, holding or claiming the same under a
deed or deeds of conveyance, devise, grant, or other assurance, purporting to
convey an estate in fee simple, and no claim by suit in law or equity
effectually prosecuted shall have been set up, or made to said land, &c.,
within the aforesaid time, in that case, the persons, or their heirs or assigns,
so holding possession, shall be entitled to keep and hold in possession, such
quantity of land as shall be specified and described in his or their deed, of
conveyance, devise, grant, or other assurance, as aforesaid, in preference to
and against all and all manner of persons whatsoever; and any persons or their
heirs, who shall neglect or have neglected, for the said term of seven years, to
avail themselves of any title legal or equitable which they may have had to any
lands, &c., by suit in law or equity, effectually prosecuted against the
persons in possession, shall be for ever barred; and the persons so holding,
their heirs. or assigns, for the term aforesaid, shall have an indefeasible
title in fee simple to such lands. See 3 Am. Jur. 255.
227. - §2. That no persons, or their heirs, shall maintain any action in law
or equity for any lands, &c., but within seven years next after his, her, or
their right to commence, have, or maintain such suit, shall have come, fallen,
or accrued; and that all suits in law or equity shall be commenced and sued
within seven years next after the title or cause of action accrued or fallen,
and at no time after the said seven years shall have passed.
228. Persons who, when title first accrued, were within twenty-one years of
age, femes covert, non compos mentis, imprisoned, or beyond the limits of the
United States, or the territories thereof, may bring their action at any time,
so as such suit is commenced within three years next after his, her, or their
respective disabilities or death, and not after; and it is further provided,
that in the construction of the savings, no cumulative disability shall prevent
229. - §3. That if, in any of the said actions or suits, judgment is given
for the plaintiff and is reversed for error, or verdict pass for the plain-tiff,
and upon matter alleged in arrest of judgment, the judgment be given against the
plaintiff, that he take nothing, &c.; or, if the action be commenced by
original writ, and the defendant cannot be legally attached, or served with
process, in such case the plaintiff, his heirs, executors, or administrators, as
the case is, may commence a new action, from time to time, within a year after
such judgment reversed or given against the plaintiff, or until the defendant
can be attached, or served with process, so as to compel him, her, or them to
appear and answer.
230. - §4. Provided, that this act shall have no bearing on the lands
reserved for the use of schools.
231. - 2. As to personal actions. Actions of account render; upon the case;
debt for arrearages of rent; detinue; replevin; and trespass quare clausum
fregit; must be brought within three years next after the cause of such action,
and not after: except such accounts as concern the trade of mer- chandise,
between merchant and merchant, and their factors or servants. Actions of
trespass, assault and battery, wounding, and imprisonment, or any of them,
within one year after the cause of such action, and not after: and actions of
the case for words, within six months after the words spoken, and not after. Act
of 1715, c. 27, s. 5. Persons who, at the time the cause of action accrued, are
within the age of twenty-one years, femes covert, non compos mentis, imprisoned,
or beyond seas, may bring their actions within the time above limited, after the
removal of the disability.. Id. s. 9.
232. The act of 1756, c. 4, 1 Scott, 89, contains the following enactment: 1.
Where the plaintiff founds his demand upon a book account for goods, wares, and
merchandise, sold and delivered, or work done, and solely relies for proof of
delivery of the articles upon his oath, such oath shall not be admitted to prove
the delivery of any articles in the book, of longer standing than two years.
233. - 2. And no such book of accounts, although proved by witnesses, shall
be received in evidence for goods, &c., sold, or work done, above five years
before action brought, except of persons being out of the government, or where
the account shall be settled and signed by the parties.
234. - 3. Creditors of any deceased person, residing in the state, shall,
within two years, and out of the state, within three years, from the
qualifi-cation of the executors or administrators, make demand of their
respective accounts, debts, and demands, of every kind whatsoever, to such
executors, and administrators, and on failure to make the demand, and bring suit
within those times, shall be for ever barred; saving to infants, non compotes,
and femes covert, one year to sue, after the disability removed. But if any
creditor, after making demand of his debt, &c., of the executor or
administrator, shall delay his suit at their special request, then the demand
shall not be barred during the time of indulgence.
235. Vermont. 1. Criminal cases. Sect. 1. All actions, suits, bills,
complaints, informations, or indictments, for any crime or misdemeanor, other
than theft, robbery, burglary, forgery, arson, and murder, shall be brought,
had, commenced, or prosecuted within three years next after the offence was
committed, and not after.
236. - Sect. 2. All complaints and prosecutions for theft, robbery, burglary
and forgery, shall be commenced and prosecuted within six years next after the
commission of the offence, and not after.
237. - Sect. 3. If any action, suit, bill, complaint, information, or
indictment, for any crime or misdemeanor, other than arson and murder, shall be
brought, had, commenced, or prosecuted, after the time limited by the two
preceding sections, such proceedings shall be void, and of no effect.
238. - Sect. 4. All actions and suits, upon any statute, for any penalty or
forfeiture, given in whole or in part to any person who will prosecute for the
same, shall be commenced within one year after the offence was committed, and
239. - Sect. 5. If the penalty is given in whole or in part to the state, or
to any county or town, or to the treasury thereof, a suit therefor may be
commenced by or in behalf of the state, county, town or treasury, at any time
within two years after the offence was committed, and not afterwards,
240. - Sect. 6. All actions upon any statute, for any penalty or forfeiture,
given in whole or in part to the party aggrieved, shall be commenced within four
years after the offence was committed, and not after.
241. - Sect. 7. The six preceding sections shall not apply to any bill,
complaint, information, indictment or action, which is or shall be limited by
any statute, to be brought, had, commenced or prosecuted within a shorter or
longer time than is prescribed in these six sections; but such bill, complaint,
information, indictment or other suit, shall be brought and prosecuted within
the time that may be limited by such statute.
242. - Sect. 8. When any bill, complaint, information or indictment shall be
exhibited in any of the cases mentioned in this chapter, the clerk of the court,
or magistrate, to whom it shall be exhibited, shall, at the time of exhibiting,
make a minute thereon, in writing, under his official signature, of the true
day, month and year, when the same was exhibited.
243. - Sect. 9. When any action shall be commenced, in any of the cases men-
tioned in this chapter, the clerk or magistrate, signing the writ, shall enter
upon it a true minute of the day, month and year, when the same was signed.
244. - Sect. 10. Every bill, complaint, information, indictment or writ, on
which a minute of the day, month and year, shall not be made, as provided by the
two preceding sections, shall, on motion, be dismissed.
245. - Sect. 11. None of the provisions of this chapter shall apply to suits
against moneyed corporations, or against the directors or stockholders thereon
to recover any penalty or forfeiture imposed, or to enforce any liability
created by the act of incorporation or any other law; 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
246. - 2. Real and personal actions and rights of entry. Sec. 1. No action
for the recovery of any lands, or for the recovery of the possession thereof,
shall be maintained, unless such action is commenced within fifteen years next
after the cause of action first accrued to the plaintiff, or those under whom he
247. - Sect. 2. No person having right or title of entry into houses or
lands, shall tbereinto enter, but within fifteen years next after such right of
entry shall accrue.
248. - Sect. 3. The right of any person to the possession of any real estate
shall not be impaired or affected, by a descent being hereafter cast in
consequence of the death of any person in possession of such estate.
249. - Sect. 4. The first two sections of this chapter, so far as they relate
to or affect lands granted, given, sequestered or appropriated to any public,
pious or charitable use, shall take effect from and after the first day of
January, in the year of our Lord eighteen hundred and forty-two, and, until that
day, the laws now in force relating to such lands, shall continue in
250 . - Sect. 5. The following actions shall be commenced within six years
next after the cause of action accrued, and not after:
First. All actions of debt founded upon any contract, obligation or
liabili-ty, not under seal, excepting such as are brought upon the judgment or
decree of some court of record of the United States, or of this or some other
Second. All actions upon judgments rendered in any court not being a court
Third. All actions of debt for arrearages of rent:
Fourth. All actions of account, assumpsit or on the case, founded on any
contract or liability, express or implied:
Fifth. All actions of trespass upon land:
Sixth. All actions of replevin, and all other actions for taking, detaining
or injuring goods or chattels:
Seventh. All other actions on the case, except actions for slanderous
words, and for libels.
251. Sect. 6. All actions for assault and battery, and for false
imprisonment, shall be commenced within three years next after the cause of
action shall accrue, and not afterwards.
252. - Sect. 7. All actions for slanderous words, and for libels, shall be
commenced within two years next after the cause of action shall accrue, and not
253. - Sect. 8. 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.
254.-Sect. 9. 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 but the action, in such case, shall be commenced within fourteen years
next after the cause of action shall accrue thereon, and not after- wards.
255. - Sect. 10. All actions of debt or scire facias on judgment shall be
brought within eight years, next after the rendition of such judgment, and all
actions of debt on specialties within eight years after the cause of action
accrued, and not afterwards.
256. - Sect. 11. All actions of covenant, other than the covenants of
warranty, and seisin, contained in deeds of conveyance of lands, shall be
brought within eight years next after the cause of action shall accrue, and not
257. - Sect. 12. All actions of covenant, brought on any covenant of warranty
contained in any deed of conveyance of land, shall be brought within eight years
next after there shall have been a final decision against the title of the
covenantor in such deed; and all actions of covenant brought on any covenant of
seisin, contained in any such deed, shall be brought within fifteen years next
after the cause of action shall accrue, and not after.
258.-Sect. 13. 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 periods herein limited for
the commencement of any of the actions before mentioned.
259. - Sect. 14. If, at the time when any cause of action of a personal
nature, 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 Iimited
therefor, after such person shall come into the state; and if, after any cause
of action shall have accrued, and before the statute has run, the person against
whom it has accrued, shall be absent from and reside out of the state, and shall
not have, known property within this state, which could, by the common and
ordinary process of law, be attached, the time of his absence shall not be taken
as any part of the time limited for the commencement of the action.
260. - Sect. 15. If any person, entitled to bring any of the actions, before
mentioned in this chapter, or liable to any such acion, 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 sur- vive,
the action may be commenced, by the executor or administrator, within two years
after such death, or against the administrator or executor of the deceased
person, or the same may be presented to the commissioners on said estate, as the
case may be, at any time within two years after the grant of letters
testamentary or of administration, and not afterwards, if barred by the
provisions of this chapter; provided, however, if the commissioners on such
estate are required to make their report to the probate court before, the,
expiration of said two years, the claim against the deceased shall be presented
to the commisioners within the time allowed other creditors to present their
261. - Sect. 16. 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 defeated or avoided, 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, or on exceptions, 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, his executor or administrator may, in case
of his death, commence such new action within the said one year; or, if no
executor or administrator be appointed within that time, then within one year
after letters testamentary or of administration shall have been granted to
262. - Sec. 17. Whenever the commencement of any suit shall be stayed by an
injunction of any court of equity, the time, during which such injunction shall
be in force, shall not be deemed any portion of the time in this chapter
limited, for the commencement of suit.
263. - Sect. 18. If any person entitled to bring any action in this chapter
specified, shall, at the time when the cause of action accrues, be a minor or a
married woman, insane or imprisoned, such person. may bring the said action,
within the times in this chapter respectively limited, after the disability
shall be removed.
264. - Sect. 19. None of the provisions of this chapter shall apply to suits
brought to enforce payment on bills, notes or other evidences of debt, issued by
265. - Sect. 20. All, the provisions of this chapter shall apply to the case
of a debt or contract, alleged by way of set-off; and the time of limitation of
such debt shall be computed in like manner as if an action had been commenced
therefor, at the time when the plaintiff's action was commenced.
266. - Sect. 21. The limitations herein before prescribed for the
commencement of actions, shall apply to the same actions, when brought in the
name of the state, or in the name of any officer, or otherwise, for the benefit
of the state, in the same manner as to actions brought by citizens.
267. - Sect. 22. In actions of debt or upon the case founded on any contract,
no acknowledgment or promise shall be evidence of a new or continuing contract,
whereby to take any case out of the provisions of this chapter, or to deprive
any party of the benefit thereof, unless such acknowledgment or promise be made
or contained by or in some writing, signed by the party chargeable thereby.
268. - Sect. 23. If there are two or more joint contractors, or joint
executors or administrators of any contractor, no such joint contractor,
executor or administrator shall lose the benefit of the provisions of this
chapter, so as to be chargeable by reason only of any acknowledgment or promise,
made or signed by any other or others of them.
269. - Sect. 24. In actions commenced against two or more joint contractors,
or joint executors or administrators of any contractor, if it shall appear on
the trial, or otherwise, that the plaintiff is barred by the provisions of this
chapter, as to one or more of the defendants, but is entitled to recover against
any other or others of them, by virtue of a new acknowledgment or promise, or
otherwise, judgment shall be given for the plaintiff as to any of the defendants
against whom he is entitled to recover, and for the other defendant. or
defendants against the plaintiff.
270. - Sect. 25. If, in any action on contract, the defendant shall plead in
abatement, that any other person ought to have been, jointly sued, and issue be
joined on that plea, and it shall appear on the trial, that the action was, by
reason of the provisions of this chapter, barred against the person so named in
the plea, the said issue shall be found for, the plaintiff.
271. - Sect. 26. Nothing, contained in the four preceding sections, shall
alter, take away or lessen the effect of a payment of any principal or interest,
made by any person.
272. - Sect. 27. If there are two or more joint contractors or joint
executors or administrators of any contractor, no one of them shall lose the
benefits of the provisions of this chapter, so as to be chargeable by reason
only of any payment, made by any other or others of them.
273. - Sect. 28. None of the provisions of this chapter, respecting the
acknowledgment of a debt, or a new promise to pay it, shall apply to any such
acknowledgment or promise, made before the first day of January, in the year of
our Lord eighteen hundred and forty-two, but every such last mentioned
acknowledgment or promise, although not made in writing, shall have the same
effect as if no provisions, relating thereto, had been herein contained.
274. - Sect. 29. The provisions of this chapter which alter or vary the law
now in force relative to the limitation of actions shall not apply to any case
where the cause of action accrues before this chapter shall take effect, and go
into operation; and in all cases, where the cause of action accrues before this
chapter takes effect, the laws now in force limiting the time for the
commencement of suits thereon, shall continue in operation.
275. Virginia. 1. As to lands. All writs of formedon in descender, remainder,
or reverter, of any lands, tenements or hereditaments, shall be sued out within
twenty years next after the title or cause of action accrued, and not
afterwards: and no person having any right or title of entry into any lands,
&c. shall make any entry but within twenty years next after such right or
title accrued. Persons entitled to such writ or right or title of entry, who are
under twenty-one years of age, femes covert, non compos mentis, imprisoned, or
not within the commonwealth, at the time such right or title accrues, may
themselves or their heirs, notwithstanding the said twenty years have expired,
bring and maintain his action, or make his entry, within ten years next after
such disabilities removed, or the death of the person so disabled.
276. In all writs of right, and other actions possessory, any person may
maintain a writ of right upon the possession or seisin of his ancestor or
predecessor within fifty years, or any other possessory action upon the
possession or seisin of his ancestor or predecessor, within forty years; but no
person shall maintain a real action upon his own possession or seisin, but
within thirty years next before the teste of the writ.
277. - 2. As to personal actions. The provisions in relation to personal
actions are as follows: 1. Upon all actions upon the case, (other than for
slander,) actions of account or assumpsit, (other than such accounts as concern
the trade of merchandise between merchant and merchant, their factors or
servants,) debt grounded upon any lending or contract without specialty, debt
for arrears of rent, trespass, detinue, trover, or replevin for goods and
chattels, and trespass quare clausum fregit, five years: 2. Upon actions of
assault, battery, wounding, or imprisonment, three years: 3. Upon actions of
slander, one year. Infants, femes covert, persons non compos mentis, imprisoned,
beyond seas, or out of the country, are allowed full time to bring all such
actions, except that of slander, after the disability has been removed.
278. All actions or suits, founded upon any account for goods, sold and
delivered, or for articles charged in any store account, must be commenced
within one year next after the cause of action, or the delivery of the goods,
and not after; except that, in the case of the death of the creditors or
debtors, before the expiration of the said term of one year, the farther time of
one year, from the death of such creditor or debtor, shall be allowed. In suits
in the name of any person residing beyond the seas, or out of this country, for
recovery of any debt due for goods actually sold and delivered here by his
factor or factors, the saving in favor of persons beyond the seas at the time
their causes of action accrued, is not to be allowed; but, if any factor shall
happen to die before the expiration of the time in which suit should have been
brought, his principal shall be allowed two years from his death, to bring suit
for any debt due on account of any contract or dealing with such factor. 1 Rev.