CALIFORNIA.

(Statutes of California. First Session.)

CHAPTER I.

SECT. 1. Civil actions can only be commenced within the periods prescribed in this act, after the cause of action shall have accrued, except when a different limitation is prescribed by statute.

SECT. 2. When the cause of action has already accrued, the party entitled, and those claiming under him, shall have, after the passage of this act, the whole period herein prescribed in which to commence an action.

CHAPTER II.

SECT. 3. The people of this 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 people to the same, unless, 1st, such right or title shall have accrued within ten years before any action or other proceeding for the same shall be commenced, or unless; 2d, the people, or those from whom they claim, shall have received the rents or profits of such real property, or of some part thereof, within the space of ten years.

SECT. 4. No action shall be brought for or in respect to real prop[* clxii] erty by any person claiming by virtue of letters-patent or grants from the State, unless the same might have been commenced by the people as herein specified, in case such patent or grant had not been issued or made.

SECT. 5. When letters patent or grants of real property shall have been issued or made by the people of this State, and the same shall be declared void by the determination of a competent court, rendered upon an allegation of a fraudulent suggestion, or concealment, or forfeiture, or mistake, 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 people of the State, or by any subsequent patentee or grantee of the same premises, his heirs or assigns, within five years after such determination was made, but not after that period.

SECT. 6. No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained unless it shall appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within five years before the commencement of the action.

. SECT. 7. No cause of action, or defence to an action founded upon the title to real property, or to rents or service 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 five years before the commencement of the act in respect to which such action is prosecuted or defence made.

SECT. 8. No entry upon real estate shall be deemed sufficient or valid as a claim, unless an action be commenced thereon within one year after making such entry, and within five years from the time when the right to make such entry descended or accrued.

SECT. 9. 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 prescribed by law, and the occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title, unless it appear that such premises have been held and possessed adversely to such legal title, for five years before the commencement of such action.

SECT. 10. Whenever it shall appear that the occupant or those under whom he claims, entered into the possession of premises, under claim of 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 instrument, decree, or judgment, or of some part of such premises, under such claim for five years, the

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premises so included shall be deemed to have been held * adversely, [*clxiii] except that when 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.

SECT. 11. 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: 1st. When it has been usually cultivated and improved. 2d. When it has been protected by a substantial inclosure. 3d. When (although not inclosed) it has been used for the supply of fuel or of fencing timber for the purposes of husbandry, or for the use of pasturage, or for the ordinary use of the occupant. 4th. When a known lot single farm has been partly improved, the portion of such lot or farm that may have been left not cleared, or not inclosed according to the usual custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.

SECT. 12. When it shall appear that there has been an actual continual occupation of premises, under a claim of title, exclusive of any 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.

SECT. 13. For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land shall be deemed to have been possessed and ocupied in the following cases only: 1st. When it has been protected by a substantial inclosure. 2d. When it has been usually cultivated and improved.

SECT. 14. Whenever the relation of landlord and tenant shall have existed. between any persons, the possession of the tenant shall be deemed the posses

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sion of the landlord, until the expiration of five years from the termination of the tenancy, or where there has been no written lease, until the expiration of five 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.

SECT. 15. 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.

SECT. 16. If a person entitled to commence any action for the recovery 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-five years; or 2. insane; or, 3. imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than for life; or, by a married woman; the

time during which such disability shall continue shall not be deemed [* clxiv] any portion of the time in this act limited for the * commencement of such action, or the making such entry or defence; but such action may be commenced, or entry or defence made, within the period of five years after such 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.

CHAPTER III.

SECT. 17. Actions other than those for the recovery of real property, can only be commenced as follows:- Within five years: An action upon a judgment or decree of any court of the United States, or of any State or territory within the United States. Within four years: An action upon any contract, obligation, or liability founded upon an instrument of writing except those mentioned in the preceding section. Within three years: 1. An action for a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass on real property. 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property. 4. 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 party, of the facts constituting the fraud. Within two years: An action upon a contract, obligation, or liability, not founded upon an instrument in writing, except an action on an open account, for goods, wares, and merchandise, and an action for any article charged in a store account. 2. An action against a sheriff, coroner, or constable, upon the 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 on an execution. But this section shall not apply to an action for an escape. Within one year: An action upon a statute for a penalty or forfeiture, when the action is given to an individual, or to an individual and the State, except when the statute imposing

it prescribes a different limitation. 2. An action for libel, slander, assault, battery, or false imprisonment. 3. An action upon a statute for a forfeiture or penalty to the people of the State. 4. An action against a sheriff or other officer, for the escape of a prisoner arrested or imprisoned on civil process. 5. An action on an open account for goods, wares, and merchandise sold and delivered. 6. An action for any article charged in a store account.

SECT. 18. 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.

SECT. 19. An action for relief, not hereinbefore provided for, must be commenced within four years after the cause of action shall have accrued.

*SECT. 20. The limitations prescribed in this chapter shall apply [* clxv] to actions brought in the name of the State, or for the benefit of the State, in the same manner as to actions brought by private persons.

CHAPTER IV.

SECT. 21. An action shall be deemed to be commenced, within the meaning of this act, when the complaint has been filed in the proper court.

SECT. 22. If when the cause of action shall accrue against a person, he is out of the State, the action may be commenced within the time herein limited after his return to the State; and if after the cause of action shall have accrued, he depart the State, the time of his absence shall not be part of the time limited for the commencement of the action.

SECT. 23. If a person entitled to bring any action mentioned in the last preceding chapter, except for a penalty or forfeiture, or against a sheriff or other officer for an escape, be, at the time the cause of action accrued, either: 1st. Within the age of twenty-one years; or, 2d. Insane; or, 3d. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life; or, 4th. A married woman; the time of such disability shall not be a part of the time limited for the commencement of the action.

SECT. 24. 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 executors or administrators after the expiration of that time, and within one year after the issuing of letters testamentary, or of administration.

SECT. 25. 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.

SECT. 26. If an action shall be commenced within the time prescribed there

for, and a judgment therein for the plaintiff 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.

SECT. 27. When the commencement of an action shall be stayed by an 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.

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*SECT. 28. No person shall avail himself of a disability, unless it existed when his right of action accrued.

SECT. 29. When two or more disabilities coexist, at the time the right of action accrues, the limitation shall not attach until they all be removed.

SECT. 30. The preceding sections of this act shall not affect actions against directors or stockholders of a corporation to recover a penalty or forfeiture imposed, or to enforce a liability created by laws; but such actions must be brought within three years after the discovery by the aggrieved party of the facts upon which the penalty or the forfeiture attached, or the liability was created.

SECT. 31. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of the statute, unless the same be contained in some writing signed by the party to be charged thereby.

LORD TENTERDEN'S ACT.

9 Geo. IV. c. 14.

"An Act for rendering a written memorandum necessary to the validity of certain promises and engagements.”

SECT. 1. WHEREAS, by an act passed in England in the twenty-first year of the reign of King James the First, it was, among other things, enacted, that all actions of account and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants, all actions of debt grounded upon any lending or contract without specialty, and all actions of debt for arrearages of rent, should be commenced within three years after the end of the then present session of parliament, or within six years next after the cause of such actions or suit and not after: and whereas, a similar enactment is contained in an act passed in Ireland in the tenth year of the reign of King Charles the First; and whereas various questions have arisen in actions founded on simple contract, as to the proof and effect of acknowledgments and promises offered in evidence for the purpose of taking cases out of the operation of the said enactments, and it is expedient to prevent such questions, and to make a provision for giving effect to the said enactments and to the intention thereof: Be it therefore enacted, by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons in