3. An action for libel, slander, assault, battery or false imprisonment. 4. An action against a sheriff, or other officer, for the escape of a prisoner, arrested or imprisoned on civil process. 5. Up n a contract, obligation or liability for the payment of money curred out of this state and not founded upon a written contract. The first four subdivisions are from stat. 1850, 343. The fifth is new. 341. Within ix months: An action against an officer, or officer de facto, engaged in the collection of taxes 1. For money paid to any such officer under protest, or seized by such officer in h official capacity as a collector of taxes, and which, it is claimed ought to be refunded. 2. To recover any goods, ares, merchandise or other property, seized by any such office in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise or other persona. property so seized, or for damages for the seizure, detention, sle of or injury to any goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making any such seizure. Stat. 1859, 306. Vide note to § 345. [An act-approved March 11, 1872. Took effect immediately. 1. Where bankers' certificates of deposit have heretofore been given to any party since deceased, and not found until after administration of his or her estate, an action may be maintained thereon by the heirs or legal representatives at any time within six months after such finding.] Ø 342. Actions on claims against a county, which have been rejected by the board of supervisors, must be commenced within six months after the first rejection thereof by such board. 343. An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued. Stat. 1850, 343. 17 Cal. 586. 1 § 344. 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 is deemed to have accrued from the time of the last item proved in the account on either side. Stat. 1850, 343. 30 Cal. 126, 134; 35 Cal. 122. 345. The limitations prescribed in this chapter apply to actions brought in the name of the state, or for the benefit of the state, in the same manner as to actions by private parties. Stat. 1850, 343. Vile nete to § 341. § 346. (N. S.) An action to redeem a mortgage of real property with or without an account of rents and profits, may be brought by the mortgagor, or those claiming under him, against the mortgagee in possession or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises for five years after breach of some condition of the mortgage. Vide § 701 and following. § 347. (N. S.) If there is more than one such mortgagor, or more than one person claiming under å mortgagor, some of whom are not entitled to maintain such an action, under the provisions of this chapter, any one of them, who is entitled to maintain such an action, may redeem therein a divided or undivided part of the mortgaged premises, according as is terest may appear, and have an accounting for a part of the rents and profits, proportionate to his interest in the mortgaged. premises, on payment of a part of the mortgage money, bearing the same proportion to the whole of such money, as the value of his divided or undivided interest in the premises bears to the whole of such premises. See new 348 in appendix. [An act supplementary to an act entitled "an act defining the time for commencing civil actions," passed April 22, 1850— approved March 16, 1872. Took effect immediately. 1. There shall be no limitation upon the right to maintaín an action for the recovery of money or other property deposited with any bank, banker, trust company, or savings and loan society. § 2. All acts and parts of acts in conflict herewith, so far as the same are in conflict, are hereby repealed.] CHAPTER IV. GENERAL PROVISIONS AS TO THE TIME OF COMMENCING ACTIONS. SECTION 350. When an action is commenced. 351. Exception, where defendant is out of the State. 352. Exception as to persons under disabilities. 353. Provision where person entitled dics before limitation expires. 354. In suits by aliens, time of war to be deducted. 360. Acknowledgment or new promise must be in writing. 362. Existing causes of action not affected. $350. An action is commenced, within the meaning of this title, when the complaint is filed. Stat. 1950, 343. 19 Cal 577; 21 Cal. 351; 34 Cal, 166; 35 Cal. 122. 351. If, when the cause of action accrues against a person, he is 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 accrues, he departs from the State, the time of his absence is not part of the time limited for the commencement of the action. Stat. 1850, 343. 6 Cal. 430; 16 Cal. 93: 43 Cal. 185. 352. If a person entitled to bring an action, mentioned in chapter three of this title, be at the time the cause of action accrued, either 1. Within the age of majority; 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 for life; or, 4. A married woman, and her husband be a necessary party with her in commencing such action. The time of such disability is not a part of the time limited for the commencement of the action. Stat. 1863, 325, inserted except for a penalty or forfeiture. SUB-DIVISION 2: 27 Cal. 376. SUB-DIVISION 4: 36 Cal. 447. 353. 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, an action may be commenced by his representatives, after the expiration of that time, and within six months from his death. If a person against whom an action may be brought, die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced against his representatives after the expiration of that time, and within one year after the issuing of letters testamentary or of administration. Stat. 1850, 343. read "executors or administrators." 10 Cal. 386; 19 Cal. 85, 97; 35 Cal. 634. § 354. When a person is an alien subject, or citizen of a country at war with the United States, the time of the continance of the war is not part of the period limited for the commencement of the action. Stat. 1850, 343. 355. If an action is commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survive, his representatives may commence a new action within one year after the reversal. Stat. 1850, 343. 356. When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. Stat. 1850, 343. 357. No person can avail himself of a disability, unless it existed when his right of action accrued Stat. 1850, 343. § 358. When two or more disabilities co-exist at the time the right of action accrues, the limitation does not attach until they are removed. Stat. 1850, 343. § 359. This title does not affect actions against directors or stockholders of a corporation, to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created. Stat. 1850, 343; 45 Cal. 110. ý 360. No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this titie, unless the same is contained in some writing, signed by the party to be charged thereby. Stat. 1850, 343. 9 Cal. 89; 17 Cal. 351, 574; 21 Cal. 142: 22 Cal. 100; 25 Cal. 292; 36 Cal. 180, 187; 39 Cal. 434. Ø 361. When a cause of action has arisen in another state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this State, except in favor of one who has been a citizen of this State and who has held the cause of action from the time it accrued. Stat. 1852, 161, did not contain words in italics. 6 Cal. 430. Ø 362. This title does not extend to actions already commenced, nor to cases where the time prescribed in any existing statute for acquiring a right or barring a remedy has fully run, but the laws now in force are applicable to such actions and cases, and are repealed subject to the provisions of this section. § 363. (N. S.) The word "action," as used in this title, is to be construed whenever it is necessary so to do, as including a special proceeding of a civil nature. |