Enued.

1792.

103 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH

the cause of action ac- shall be commenced and fued within the time and limitation hereafter expreffed, and not after, that is to fay: The faid actions upon the cafe, other than for flander, and the faid actions for account, and the faid actions for trefpafs, debt, detinue, and replevin for goods and chattels, and the faid action of trepafs quare claufum fregit, within five years next after the caufe of fuch action, or fuit, and not after; and the faid actions of trefpafs, of affault, battery, wounting, imprisonment or any of the n, within three years next after the cause of fuch actions or fuits, and not after; and the faid action upon the cafe for words, within one year next after the words spoken, and not after. a

refpafs, affault, battey, wounding and imprifonment, in three years.

Slander within one year.

Within what time the Plaintiff muft proceed on a judgment on which execution hath not

ued;

when it hath ifiued, but

4. not been returned.

Provifo in favor of inanta, femes covert, per

ituned, or out of the ilu.t.

V JUDGMENTS in any Court of Record within this Commonwealth, where execution hath not issued, may be revived by fcire fucias, or an action of debt brought thereon, within ten years next after the date of fuch judgment, and not after; or where execution hath iffued and no return is made thereon, the party in whofe favor the fame was iffued shall and may obtain other executions, or move against any Sheriff or other Officer, or his or their fecurity, or fecurities, for not returning the fame for the term of ten years from the date of fuch judgment, and not after.

VI. PROVIDED, That if any perfon or perfons entitled to fuch judgment, where execution hath not iffued, or where execution hath iffued, and no return Tons non compos, im- made (in either cafe) shall be, or were under the age of twenty one years, feme evert, non compos mentis, imprisoned, or not within this Commonwealth at the time of fuch judgment being awarded, whether executiou hath iffued thereon or not, every inch perfon, his or her heirs, executors, or adminiftrators, shall and may, notwith landing the faid ten years are or shall be expired, have the benefit of faid judgment where no execution hath iffued by reviving the fame by feire facias, or by action of debt, and where execution hath iffued and no return made, every fuch person or perfons, his or her heirs, executors, or adminiftrators, may have the benefit of other executions, or may move against any Sheriff or other Officer, or his or their fecurity, or fecurities, for the lame within five years after fuch difabilities removed, and not after.

On tore accounts with1. the year.

In tore accounts the cates of the delivery of

e articles to be specialty for post-dating

d.

Imitation to commence

From the respective dates

elivery of the acti

Vif. ALL actions or faits founded upon any account for goods, wares, and merchandife fold and delivered, or for any articles charged in any ftore account, shall be commenced and fued within one year next after the cause of fuch-action or fuit, or the delivery of such goods, wares, and inerchandise, and not after; except that in cafe of the death of the creditors or debtors, before the expiration of the faid term of one year, the further time of one year from the death of luch creditor or debtor, shall be allowed for the commencement of any uch action or fuit. b

or

VIII. AND to prevent impofition or deception herein, the respective time date of the delivery of the feveral articles charged in any fuch account, or any receipt taken for the delivery of them, tha 1 be particularly fpecified. And if any merchant or trader fhall wilfully poft-date, any article or articles in fuch account, or the receipt taken for the delivery of them, he shall forfeit and pay ten-fold the amount of the article or articles, or of the receipt taken for the delivery of them, fo poit-dated, to be recovered with costs in any Court of Record, by petition, where the penalty incurred fhall be under fixteen dollars and fixty-fix cents, or amounts to that fum only, and by action of debt or information, where the penalty thail be more than fixteen dollars and fixty-fix cents, to the inforiner, where the Informer profecutes, or to the Commonwealth, where the profecution fhall be firit inftituted on the Public behalf. b

X. AND to prevent any doubt in the conftruction hercot, it is hereby declared, that the before mentioned limitation of one year, fhall take place and be computed, from the respective dates or times of delivery of the feveral articles entered or charged in any fuch account; and that all fuch articles as shall have been of more than one year's standing when the action or fuit was commenced, Verdict or judgment to fhall be difallowed and rejected, and verdict thall be given, or judgment rendered for no more than the amount of fuch articles as appear to have been actually charged or delivered within one year next before the commencement of the fuit as aforelaid. 6

ven only for what envered within the

vita within what

dy rePe ce his action

ཉ་ ce judgmenç da Dusted og reverķd.

X. PROVIDED nevertheless, That if in any of the faid actions or fuits, judgment be given for the Plaintiff, and the fame be afterwards reversed by error, or a verdict pafs for the Plaintiff, and upon matter alledged in arrell of Judgment, the judgment be given against the Plaintiff, that he take nothing by

(a) 4 Anne, ch. 8, fec. x* (b) 0.7. 1779, ch. 3, fec. 2.

this, if

limitation be not clapsed at

the time of

the time of a tertaters dialt, the executor

may our

out process within the year, even though the time limitation have clapsed, before process

of

E. I. b. 130.

sued out.

accrues,

be in the

country

when the right of action

the statute begins to run, nor will it her stop= ed by his aubrequent departure from it. It.

26:

İN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 109

his plaint, writ or bill, in all such cases the party Plaintiff, his heirs, executors, or adminiftrators (as the cafe fhall require) may commence a new action or fuit, from time to time within one year next after fuch judgment reverfed, or fuch judgment given against the Plaintiff, and not after. a

riods not to be account

XI. PROVIDED always, That in all questions which may arife in any In the computation of Court of Record upon any Act for limitation of actions, making entries into time under he act of lands, or limitation of evidence, in the computation of time, the feveral periods limitations, certain pe between the twelfth day of April, one thousand feven hundred and feventy-four, ed part thereof, and the twelfth day of April, one thousand feven nundred and feventy-eight, and between the first day of January, one thoufand feven hundred and eightyone, and the fifth day of January, one thoufand feven hundred and eighty-two, and between the fifth day of May, one thousand feven hundred and eighty-three, and the twentieth day of October, in the fame year, shall not be accounted any part thereof, so as to bar fuch action, entry, or evidence. b XII. PROVIDED also, That if any perfon or perfons that is or fhall be entitled to any fuch action of trefpafs, detinue, action fur trover, replevin, actions of account, actions of debt, actions of trefpafs, for affault, menace, battery, wounding, or imprisonment, be, or fhall be, at the time of any fuch cause of action given or accrued, fallen or come, within the age of twenty-one years, feme covert, non compos mentis, imprisoned, beyond the feas, or out of the Country, that then fuch perfon or perfons fhall be at liberty to bring the fame actions, fo as they take the fame within fuch times as are before limited after their coming to, or being of full age, discovert, of fane memory, at large, and returned from beyond the feas, or from without this Country, as by other perfons, having no fuch impediment, fhould be done. c

Infants, femes covert,
imprisoned, beyond feas
perfons non compos,
or out of the country,
may bring fuit within
the time limited after
fuch inpediments re-
moved;

Except perfons out of the country bringing fuits for goods fold by

their factors.

Provifo.

XIII. PROVIDED always, That all fuits hereafter brought in the name or names of any perfon or perfons refiding beyond the feas, or out of this Country, for recovery of any debt due for goods actually fold and delivered here, by his or their factor or factors, fhall be commenced and profecuted within the time appointed and limited by this Act, for bringing the like fuits, and not after, notwithstanding the faving herein before contained, to perfons beyond the feas at the time their caufes of action accrued. Provided nevertheless, that if any factor fhall happen to die before the expiration of the time in which fuit should have been brought, fuch principal fhall be allowed two years from the death of fuch factor, to commence and profecute his, her, or their action, for any debt due to him, her, or them, on account of any contract or dealing with fuch factor. d XIV. PROVIDED alfo, That if any perfon or perfons, defendant or de- In what cafes the defendants to any of the aforefaid actions, fhall abfcond or conceal themselves, or by removal out of the Country, or the County where he or they do or shall retide, when fuch cause of action accrued, or by any other indirect ways or means, defeat or obilruct any perfon or perfons who have title thereto, from bringing or maintaining all, or any of the aforefaid actions within the refpective times limited by this Act, that then and in such case, fuch defendant or defendants are not to be admitted to plead this Act in bar to any of the aforefaid actions; any thing in this Act in any wife to the contrary notwithstanding. e

XV. PROVIDED alfo, That this Act shall not extend to any action which fhall be commenced against any Mafter or Commander of a Ship or Veffel, who fhall difcharge or caufe to be put on fhore any fick or difabled failor belonging to his Ship or Veffel, or any fervant, without taking due care for their maintenance and cure, or carrying any debtor, fervant, or flave out of this Commonwealth contrary to Law. f

XVI. AND for the relief of the good people of this Commonwealth againft caufelefs and vexatious fuits, and for the better enabling them to recover their just rights; Be it enacted, that in all actions of affault and battery, and flander, commenced and profecuted in any District Court, if the Jury find under the fum of ixteen dollars and fixty-fix cents; and in the like actions commenced and profecuted in any County Court, if the Jury find under fix dollars and fixtyix cents, the plaintiff in either cafe, fhall not recover any cofts. g

lendants fhall not have the benefit of this ac.

When the plaintiff shall not recover costs,

XVII. AND in all actions of trespass, and all other perfonal actions, where Where no more costs the Court before whom the trial fhall be, fhall not be fatisfed, and enter upon the than damages,

(b) Oa. 1777, cb. 23, fec. 2.

May 1781 ch. 9, (a) 4 Anne, ch. 8, fec. 2. fec. 2. Nov. 1781, ch. 12. May 1783, ch. 41. O8. 1783, ch. 25. (c) 4 Anne, cb. 8, fec. 5. (4) 28 Geo. 2, ch. 2, fec. 7, 8, 9. (e) 4 Anne, ch. 8, fec. 5. (ƒ) 1743, cb. 12, jec. 7. (g) 22 Gro. 2, cb. 5, fet. 1, 2.

record, that the freehold, title, or interest of land mentioned in the Plaintiff's declaration, was or might have been in queftion, or that the trefpaís was wilful or malicious, if the Jury find under fix dollars and fixty-fix cents, the Plaintiff fhall not recover more costs than damages; and if more cofts are awarded, the Remedy where more judgment fhall be void, and shall be amended upon a motion at any time, by the cofts shall be awarded. Court who awarded the fame, and the party injured fhall be redreffed, as to fuch Where the defendant costs fo wrongfully awarded, in cafe the fame be levied upon him. And where all have his cofta. feveral perfons fhall be made Defendants in any action of trefpafs, aflault, falfe imprisonment, or ejectment, and upon the trial thereof, any one or more of them fhall be acquitted by verdict, every Defendant fo acquitted fhall have and recover his cofts of fuit in like manner as if a verdict had been given against the Plaintiff or Plaintiffs, and acquitted all the Defendants, unless the Court before whom such cause shall be tried, fhall be fatisfied that there was reasonable cause for making fuch perfon or perfons Defendant or Defendants to fuch action, and fhall order it otherwife; and in all cafes where judgment fhall be given for the Defendant, he fhall recover his cofts against the Plaintiff, and have execution for the fame. 4

Exception as to cxecusers or administrators.

In trefpafs quare claw. fum fregit, if the defendant pleada a disclaimer and involuntary trefpafs with tender of amends if it be found for the defendant, or the plaintiff be non-fuited, he fhall be barred.

Where a fuit shall not abate by the death of either party.

Rules in actions for non-performance of covenants, &c

XVIII. PROVIDED always, That nothing herein contained, fhall be conftrued to extend to Executors or Adminiftrators, in fuch cafes where by the Law they are not liable to the payment of cofts of fuit. a

XIX. AND in all actions of trefpafs quare claufum fregit, hereafter to be brought, wherein the Defendant or Defendants fhall difclaim, in his or their plea, to make any title or claim to the land in which the trefpafs is by the declaration fuppofed to be done, and the trefpafs be by negligence or involuntary, the Defendant or Defendants fhall be admitted to plead a disclaimer, and that the trefpafs was by negligence or involuntary, and a tender or offer of fufficient amends for fuch trefpais, before the action brought, whereupon, or upon fome of them, the Plaintiff or Plaintiffs fhall be enforced to join iffue; and if the faid iffue be found for the Defendant or Defendants, or the Plaintiff or Plaintiffs fhall be non-fuited, the Plaintiff or Plaintiffs thall be clearly barred from the faid action of actions, and all other fuits concerning the fame. b

XX. IN all actions where the Plaintiff shall die after an interlocutory judgment, and before final judgment obtained therein, fuch action fhall not abate, if the fame might be originally prosecuted or maintained by the Executors or Administrators of fuch Plaintiff, and if the Defendant die after fuch interlocutory judgment, and before final judgment, fuch action shall not abate, if the fame were originally maintainable against the Executors or Administrators of fuch Defendant, but the Plaintiff (or, if he be dead, after fuch interlocutory judgment, his Executors or Adminiftrators) fhall and may have a feire facias a gainst the Defendant, if living, after fuch interlocutory judgment, (or, if he died after, against his Executors or Adminiftrators) to fhew caufe why damages. in fuch action should not be affeffed, and recovered by the Plaintiff or Plaintiffs; and if fuch Defendant, or his Executors or Adminiftrators, fhall appear at the return of fuch writ, and not fhew or alledge any matters fufficient to arreft the final judgment, or being returned warned, or upon two writs of feire facias, it be returned, that the Defendant, or his Executors or Administrators, had nothing whereby to be fummoned, or could not be found in the County, hall make default, a writ of enquiry of damages fhall be thereupon awarded, which being executed, judgment faal fhall be given for the faid Plaintiff, his Executors or Adminiftrators profecuting fuch writ or writs of feire facias, 2gainst fuch Defendant, his Executors of Adminiftrators. And if there be two of more Plaintiffs, or Defendants, and one or more of them fhould die, if the caufeof action should furvive to the furviving Plaintiff or Plaintiffs, or againft the furviving Defendant or Defendants, the wait or action fhall proceed, at the fuit of the furviving Plaintiff or Plaintiffs, against the furviving Defendant or Defendants. And in all actions, real, perfonal and mixed, if either party fhould die between verdict and judgment, fuch death fhall not be pleaded in abatement, but judgment fhall be entered as if both parties were living. c

XXI. IN all actions upon any bond, or on any penal fum, for non-performance of covenants or agreements, in any indenture, deed or writing contained; the Plaintiff or Plaintiffs may affign as many breaches as he or they fhall think fit; and the Jury, upon trial of fuch action or actions, shall and may affefs damages for fuch of the breaches as the Plaintiff fhall prove to have been broken,

(a) 22, Gro. 2, ch. 5, fec. 3,4. (b) 4 Anne, ch. 8, Sec. 3. (c) 22 Geo. 2, ch. b2 dec. 5.