A. D. 1870. of fact, not put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, stating distinctly and plainly the question of fact to be tried; and such order shall be the only authority necessary for a trial. existing pealed. TITLE II. TIME OF COMMENCING CIVIL ACTIONS. CHAPTER I. Actions generally. II. For the recovery of real property. III. Other than for the recovery of real property. CHAPTER I. SEC. 96. Repeal of existing limitations. 97. Time for commencing actions, etc. cases, according SEC. 96. The provisions of this title shall not extend to actions already Limitations commenced, or to cases where the right of action has already accrued; re- but the statutes now in force shall be applicable to such to the subject of the action, and without regard to the form. SEC. 97. Civil actions can only be commenced within the periods prePeriod of scribed in this title, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute, and in the cases mentioned in Section ninety-six. limitation, answer, &c. But the objection that the action was not commenced within the time limited can only be taken by answer. CHAPTER II. SEC. 98. When the State will not sue. 99. When action cannot be brought by grantee from the State. twenty years. 101. Seizin within twenty years, when necessary. 102. Seizin within twenty years, when necessary in action or defence founded on title, &c. 103. Action after entry, or right of entry. 101. Possession, when presumed. legal title. Occupation, when deemed under 105. Occupation under written instrument, &c. 106. Adverse possession under written instrument, &c. 107. Premises actually occupied, held adversely. 108. Adverse possession under claim of title not written. 109. Relation of landlord and tenant, as affecting adverse possession. 110. Descent cast-effect of. 111. Persons under disability. SEC. 98. The State will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the State to the same, unless: A. D. 1870. When the State will not 1. Such right or title shall have accrued within forty years before any sue. action or other proceeding for the same shall be commenced; or unless, 2. The State, or those from whom it claims, shall have received the rents and profits of such real property, or of some part thereof, within the space of forty years. be brought by SEC. 99. No action shall be brought for, or in respect to, real property, by No action to any person claiming by virtue of letters patent or grants from the State, un- grantee from less the same might have been commenced by the State as herein specified, the State. in case such patent or grant had not been issued or made. by the State within twenty SEC. 100. When letters patent or grants of real property shall have when actions been issued or made by the State, and the same shall be declared void or its grantees by the determination of a competent Court, rendered upon an allega- to be brought tion of a fraudulent suggestion, or concealment, or forfeiture, or mistake, years. or ignorance of a material fact, or wrongful detaining, or defective title, in such case an action for the recovery of the premises so conveyed may be brought either by the State, or by any subsequent patentee or grantee of the premises, his heirs or assigns, within twenty years after such determination was made, but not after that period. twenty years neces SEC. 101. No action for the recovery of real property, or for the recov- Seizin within ery of the possession thereof, shall be maintained, unless it appear that when the plaintiff, his ancestor, predecessor or grantor was seized or possessed sary. of the premises in question within twenty years before the commencement of such action. upon SEC. 102. No cause of action, or defence to an action, founded the title to real property, or to rents or services out of the same, shall be effectual, unless it appear that the person prosecuting the action or making the defence, or under whose title the action is prosecuted or the defence is made, or the ancestor, predecessor or grantor of such person, was seized or possessed of the premises in question within twenty years before the committing of the act in respect to which such action is prosecuted or defence made. Seizin within twenty years when in ac tion or defence founded on title. Action after entry or right SEC. 103. No entry upon real estate shall be deemed sufficient or valid, as a claim, unless an action be commenced thereupon within one year of entry. after the making of such entry, and within twenty years from the time when the right to make such entry descended or accrued. Possession presumed. Occupation, SEC. 104. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time required by law; and the occupation of such premises by any other person when deemed shall be deemed to have been under and in subordination to the legal ti- under tle, unless it appear that such premises have been held and possessed adversely to such legal title for twenty years before the commencement of such action. title. legal instrument. SEC. 105. Whenever it shall appear that the occupant, or those under Occupation whom he claims, entered into the possession of premises under claim of under written title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent Court, and that there has been a continued occupation and possession of the premises included in such instru A. D. 1870. Adverse possession. ment, decree or judgment, or of some part of such premises, under such claim, for twenty years, the premises so included shall be deemed to have been held adversely; except that where the premises so included consist of a tract divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract. SEC. 106. For the purpose of constituting an adverse possession, by any person claiming a title founded upon a written instrument or a judgment or decree, land shall be deemed to have been possessed and occupied in the following cases: 1. Where it has been usually cultivated or improved; 2. Where it has been protected by a substantial inclosure; 3. Where, although not inclosed, it has been used for the supply of fuel or of fencing timber, for the purposes of husbandry or the ordinary use of the occupant; 4. Where a known farm or a single lot has been partly improved, the portion of such farm or lot that may have been left not cleared or not inclosed, according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated. SEC. 107. Where it shall appear that there has been an actual conPremises ac- tinued occupation of premises, under a claim of title, exclusive of any tually occupied held ad- other right, but not founded upon a written instrument or a judgment or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely. versely. Adverse pos SEC. 108. For the purpose of constituting an adverse possession, by a session under person claiming title not founded upon a written instrument or a judg a claim not ment or decree, land shall be deemed to have been possessed and occupied in the following cases only: written. Relation of tenant. Where it has been protected by a substantial inclosure; SEC. 109. Whenever the relation of landlord and tenant shall have landlord and existed between any persons, the possession of the tenant shall be deemed the possession of the landlord, until the expiration of twenty years from the termination of the tenancy; or, where there has been no written lease, until the expiration of twenty years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions shall not be made after the periods herein limited. Descent cast. Persons un der ties. SEC. 110. The right of a person to the possession of any real property shall not be impaired or affected by a descent being cast in consequence of the death of a person in possession of such property. SEC. 111. If a person entitled to commence any action for the recovery disabili- of real property, or to make an entry or defence founded on the title to real property, or to rents or services out of the same, be, at the time such title shall first descend or accrue, either— 1. Within the age of twenty-one years; or, 2. Insane; or, 3. Imprisonment on a criminal charge, or in execution upon conviction of a criminal offence for a term less than for life; the time during which such disability shall continue shall not be deemed any portion of the time in this chapter limited for the commencement of such action or the making of such entry or defence; but such action may be commenced, or entry or defence made, after the period of twenty years, and within ten years after the disability shall cease, or after the death of the person entitled who shall die under such disability; but such action shall not be commenced, or entry or defence made, after that period. A. D. 1870. CHAPTER III. TIME OF COMMENCING ACTIONS OTHER THAN FOR THE RECOVERY OF itation pre SEC. 112. The periods prescribed in Section ninety-seven for the com- Period of limmencement of actions other than for the recovery of real property shall scribed. be as follows: SEC. 113. 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. 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 Twenty years. Six years. Three years. A. D. 1870. Two years. One year. Action upon a current account. Action for action is given to the party aggrieved, or to such party and the State, 1. An action for libel, slander, assault, battery or false imprisonment. 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. SEC. 119. An action upon a statute, for a penalty or forfeiture given, penalties, &c. 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 offence; and if the action be not commenced within the year by a private party, it may be commenced within two years therafter, in behalf of the State, by the Attorney-General or the Solicitor of the Circuit where the offence was committed. Actions for other relief. Actions by the State. SEC. 120. An action for relief not hereinbefore provided for must be commenced within ten years after the 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 menced. CHAPTER IV. GENERAL PROVISIONS AS TO THE TIME OF COMMENCING ACTIONS. SEC. 122. When action deemed commenced. 123. Exception, defendant out of State 124. Exception as to person under disabilities. 125. Death of person entitled before limitation expires. 126. Suits by aliens. 127. Where judgment reversed. 128. Stay of action by injunction, &c. 129. Disability must exist when right accrued. 130. Two or more disabilities. 131. This title, when not to apply. 132. The like. 133. New promise must be in writing. SEC. 122. An action is commenced as to each defendant when the sumdeemed com- mons 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 corpora |