法律英语|英文法律词典 L-63

183. No avowry or cognizance of title of real estate, or to any rents or services, shall be valid^{1, 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 possessed2 of the premises3 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^5.

185. All writs^{6 of scire facias upon fines, heretofore levied7, of any manors8, lands, tenements9, or hereditaments, shall be sued out within twenty years next after the title or cause of action first descended11 or fallen, and not after that period.}

186. If any person entitled to commence any action as above specified^{12, or to make any entry, avowry, or cognizance, be at the time such title shall first descend10 or accrue4, either, 1. Within the age of twenty-one years or, 2. Insane; or, 3. Imprisoned13 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 judgment14 in the case, his heirs may institute the same within ten years after his death, but not after. Rev15. Statutes17, part 3, c. 4, tit. 2, article 1.}

187. The 68th section of the act to simplify and abridge^{18 the practice, pleadings and proceedings19 of the courts of this state, passed the 12th of April 1848, known as the Code of Procedure, enacts20 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 statute16, continue in force, and be applicable to actions for the recovery of real property.}

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 sealed instrument.

71. Within six 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 forfeiture^21.

3. An action for trespass^{22 upon real property.}

4. An action for taking, detaining or injuring any goods or chattels^{23, 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^24.

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^{25 party, of the facts constituting the fraud.}

72. Within three years:

1. An action against a sheriff or coroner, upon a liability incurred^{26 by the doing of an act in his official capacity, and in virtue27 of his office, or by the omission28 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^{29 it prescribes a different limitation.}

73. Within two years:

1. An action for libel, slander^{30, assault, battery, or false imprisonment31.}

2. An action upon a statute, for a forfeiture or penalty to the people of this state.