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 sealed instrument.

SEC. 114. Within six years:-

1. An action upon a contract, obligation or liability, express or implied, excepting those mentioned in Section one hundred and thirteen;

2. An action upon a liability created by statute, other than a penalty or forfeiture;

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 enumerated;

6. An action for relief on the ground of fraud, in cases which, heretofore, were solely cognizable by the Court of Chancery, 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.

SEC. 115. Within three years:

1. An action against a Sheriff, Coroner or Constable, 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 statute, for a penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the State, except where the statute imposing it prescribes a different limitation.

SEC. 116. Within two years:

1. An action for libel, slander, assault, battery or false imprisonment; .

2. An action upon a statute, for a forfeiture or penalty to the State.

SEC. 117. Within one year :

Six years.

1. An action against a Sheriff or other officer, for the escape of a prisoner arrested or imprisoned on civil process.

SEC. 118. 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 proved in the account on either side.

Three years.

Two years.

One year.

Action upon a

current accoun'.

Action for penalties, &c.

Actions for other relief.

Actions by the State.

SEC 119. 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 within one year after the commission of the offense; 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 State, by the Attorney General or the Solicitor of the Circuit where the offense was committed.

SEC. 120. An action for relief not hereinbefore provided for, must be commenced within ten years after cause of action shall have accrued.

SEC. 121. The limitations prescribed in this Chapter shall apply to actions brought in the name of the State, or for its benefit, in the same manner as to actions by private parties.

When action deemed com

menced.

Exceptiondefendant out of State.

CHAPTER 4.-General Provisions as to the Time of Commencing

SEC. 122. An action is commenced as to each defendant when the summons is served on him, or on a co-defendant, who is a joint contractor, or otherwise united in interest with him. An attempt to commence an action is deemed equivalent to the commencement thereof, within the meaning of this Title, when the summons is delivered, with the intent that it shall be actually served, to the Sheriff or other officer of the County in which the defendants or one of them usually or last resided; or, if a corporation be defendant, to the Sheriff or other officer 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.

SEC. 123. If, when the cause of action shall accrue against any person, he shall be out of the State, such action may be commenced within the terms herein respectively limited, after the return of such person into this State; and if, after such cause of action shall have accrued, such person shall depart from and reside out of this State, or remain continuously absent therefrom for the space of one year or more, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.

Exception

to persons under

SEC. 124. if a person entitled to bring an action mentioned in the last Chapter, except for a penalty or forfeiture, or against a disabilities. Sheriff or other officer, for an escape, be, at the time the cause of action accrued, either

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.

Death of person entitled be limitation

expires.

The time of such disability is not a part of the time limited for the commencement of the action; except that the period within which the action must be brought cannot be extended more than five years by any such disability, except infancy; nor can it be so extended, in any case, longer than one year after the disability ceases. SEC. 125. If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and fore the cause of action survive, an action may be commenced by his representatives, after the expiration of that time, and within one year 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 executors or administrators after the expiration of that time, and within one year after the issuing of letters testamentary or of administration.

Src. 126. 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.

SEC. 127. If an action shall be commenced within the time prescribed therefor, and a judgment therein be reversed on appeal, the plaintiff, or, if he die and the cause of action survive, his heirs or representatives, may commence a new action within one year after the reversal.

Actions by

aliens.

Where

judgmentr versed.

by injunction,

SEC. 128. When the commencement of an action shall be stayed Time of stay by injunction or statutory prohibition, the time of the continuance &. of the injunction or prohibition shall not be part of the time limited for the commencement of the action.

SEC. 129. No person shall avail himself of a disability, unless it existed when his right of action accrued.

SEC. 130. When two or more disabilities shall co exist at the time the right of action accrues, the limitation shall not attach until they all be removed.

SEC. 131. 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.

Disabilitynot available,

Co-existing

disabilities.

&c.

Bills,

notes,

This title not to affect actions

tors or

holders.

Stock

SEC. 132. This Title shall not affect actions against Directors or against Diree stockholders of a moneyed corporation, or banking associatious, to recover a penalty or forfeiture imposed, or to enforce a liability created by law; 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 created. SEC. 133. No acknowledgment or promise shall be sufficient evipromise must be dence of a new or continuing contract, whereby to take the case out of the operation of this Title, unless the same be contained in some writing signed by the party to be charged thereby ; but this Section shall not alter the effect of any payment of principal or interest.

Acknowledg

ment or new

made in writing.

Action to be

by party in inter

grantee of land

SEC. 134. Every action must be prosecuted in the name of the est. Action by real party in interest, except as otherwise provided in Section one held adversely. hundred and thirty-six; but this Section shall not be deemed to authorize the assignment of a thing in action not arising out of contract. But an action may be maintained by a grantee of land in the name of the grantor, or his or her heirs or legal representatives, when the grant or grants are void by reason of the actual possession of a persón claiming under a title adverse to that of the graptor at the time of the delivery of the grant, and the plaintiff shall be allowed to prove the facts to bring the case within this provision.

Assignment of

SEC. 135. In the case of an assignment of a thing in action, the a thing in action. action by the assignee shall be without prejudice to any set-off or other defense existing at the time of, or before notice of, the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.

Action by ex

ecutor, &c.

SEC. 136. An executor or administrator, a trustee of an express trustee, trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prose cuted. A trustee of an express trust, within the meaning of this Section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another.

SEC. 137. When a married woman is a party, her husband must be joined with her, except that

1. When the action concerns her separate property, she may sue or be sued alone: Provided, That neither her husband nor his property shall be liable for any recovery against her in any such suit, but judgment may be enforced by execution against her sole and separate estate in the same manner as if she were sole;

2. When the action is between herself and her husband, she may sue or be sued alone; and in no case need she prosecute or defend by a guardian or next friend.

Action by and

against a married woman.

Infant to ar

SEC. 138. When an infant is a party, he must appear by guardian, who may be appointed by the Court in which the action is prose- pear by guardi cuted, or by a Judge thereof, or a Probate Judge.

SEC. 139. The guardian shall be appointed as follows:

1. When the infant is plaintiff, upon the application of the infant, if he be of the age of fourteen years; or, if under that age, upon the application of his general or testamentary guardian, if he has any, or of a relative or friend of the infant; if made by a relative or friend of an infant, notice thereof must first be given to such guardian, if he has one; if he has none, then to the person with whom such infant resides;

2. When the infant is defendant, upon the application of the infant, if he be of the age of fourteen years, and apply within twenty days after service of the summons. If he be under the age of fourteen, or neglect so to apply, then upon the application of any other party to the action, or of a relative or friend of the infant, after notice of such application being first given to the general or testamentary guardian of such infant, if he has one within this State; if he has none, then to the infant himself, if over fourteen years of age, and within the State; or, if under that age, and within the State, to the person with whom such infant resides. And, in actions for the partition of real property, or for the foreclosure of a mortgage or other instrument, when an infant defendant resides out of this State, or is temporarily absent therefrom, the plaintiff may apply to the Court in which the action is pending, at any stated or special term thereof, and will be entitled to an order designating some suitable person to be the guardian for the infant defendant, for the purposes of the action, unless the infant defendant, or some one in his behalf, within a number of days after the service of a copy of the order, which number of days shall be in the said order specified, shall procure to be appointed a guardian for the said infant, and the Court shall give special directions in the order for the manner of the service thereof, which may be upon the infant.

And, in case an infant defendant, having an interest in the event

an.

Appointment of guardian.