(Real Property. Supplement.)

SECTION 1. The provision contained in the fourth section of the act to which this is a supplement, so far as the same relates to persons beyond the seas, and from and without the United States of America, is hereby repealed, and the limitation contained in the second section of the said act is hereby extended to persons residing beyond the seas, and from and without the United States of America, any law to the contrary notwithstanding.

DELAWARE.

Real Property. (Laws of Delaware, 1829.)

*SECTION 1. From henceforth no person or persons whatsoever [* lxxviii] shall make an entry into any lands, tenements, or hereditaments, but within twenty years next after his, her, or their right or title first descended or accrued; nor shall any person or persons whatsoever have or maintain any writ of right or any action, real, personal, or mixed for, or make any prescription or claim to or in, any lands, tenements, or hereditaments, of the seisin or possession of him, her or them, his, her or their ancestor or predecessor, and declare or allege in any manner whatever any further seisin of him, her or them, his, her or their ancestor or predecessor, but only an actual seisin or possession of him, her or them, his, her or their ancestor or predecessor, of the premises sued for or claimed within twenty years next before such writ or action hereafter to be had or brought: Provided, nevertheless, that any person or persons now having right or title of entry and the heirs of such person or persons may within ten years from this time proceed as might have been done heretofore: And provided, also, That if any person having right or title of entry was and now is, or if any person hereafter having right or title of entry shall be at the time of such right or title first descended or accrued an infant, feme covert, non compos mentis, or a prisoner: then, but in no other case whatever, except as before provided, such person or the heirs of such person may within ten years next after the removal of such disability but not afterwards, proceed, notwithstanding the said twenty years be expired, as might have been done before the same were expired; and if any such person shall die under any of the disabilities aforesaid, the heirs of such person shall have the like benefit, that such person might have had by living till the disability had ceased.

An act concerning waste, etc., 1829, provides that no action of waste shall be brought after the expiration of three years from the committing of the waste, with the usual exceptions of infancy, etc.

An act concerning mesne profits, passed February 6, 1829, provides, that when, after recovery in ejectment, action is brought for mesne profits; if such action be commenced within six months after the judgment, or if there be a writ

of error, within six months after the affirmance of said judgment, or other determination of the proceeding in error, the said action shall, so far as to avoid the intermediate operation of the act of limitation, be deemed a continuation of the proceeding in ejectment; so that the plaintiff shall not be debarred by the act of limitation from recovering mesne profits for three years next preceding the commencement of the ejectment.

[* lxxix]

Personal Actions.

*SECT. 1. No action shall be brought upon the official recognizance of any sheriff, or upon any administration bond, or upon any testamentary bond, against either the principal or sureties after the expiration of six years from the date of such recognizance or bond.

SECT. 2. No action shall be brought upon any guardian bond against either the principal or sureties after the expiration of three years from the determination or ceasing of the guardianship.

SECT. 3. No action shall be brought upon any recognizance taken in the orphans' court with condition for the payment of appraised value or of purchasemoney of lands, tenements, or hereditaments, against any surety in such recognizance, or the heirs, terretenants, executors or administrators of such surety, after the expiration of three years from the time when the value of money mentioned in the condition or the last instalment thereof (when it is payable by instalments) is payable.

SECT. 4. No action shall be brought upon the official obligation of any State Treasurer, Secretary of State, County Treasurer, Treasurer of the Trustees of the Poor, Coroner, Register for the probate of wills and granting letters of administration, Recorder of Deeds, Clerk of the Supreme Court, Prothonotary of the Court of Common Pleas, Clerk of the Peace, Clerk of the Orphans' Court, collector or constable, against either the principal or sureties, after the expiration of three years from the accruing of the cause of such action.

SECT. 5. No action of trespass, no action of replevin, no action of detinue, no action of debt not founded upon a record or specialty, no action of account, no action of assumpsit, and no action upon the case whatever, shall be brought after the expiration of three years from the accruing of the cause of such action: except that the time prescribed by the preceding limitation shall not begin to run in the case of a mutual and running account between parties, while such account continues open and current; and that when the cause of action arises from a promissory note, bill of exchange, or an acknowledgment under the hand of the party of a subsisting demand, the action may be commenced at any time within six years from the accruing of such cause of action.

SECT. 6. Provided, That if the person entitled to any action comprehended within either of the foregoing sections shall have been at the time of the accruing of the cause of such action under disability of infancy, coverture, or incompetency of mind, this act shall not be a bar to such action during the continuance of such disability, nor until the expiration of three years from the removal thereof.

SECT. 7. No civil action for a forfeiture upon a penal statute, whether at the

suit of the party grieved or of a common informer, or of the State or

* otherwise, shall be brought after the expiration of one year from the [*lxxx] accruing of the cause of such action.

SECT. 8. No action shall be brought upon any bond given to the president, directors and company of any bank, or to any corporation in the State, by any officer of such bank or corporation with condition for his good behavior, or for the faithful discharge of his duties in his station, or touching the execution of his office, against either the principal or sureties, after the expiration of two years from the accruing of the cause of such action: and no action shall be brought, and no proceedings shall be had upon any such bond or upon any judgment thereupon, against either the principal or sureties, for any cause of action accruing after the expiration of six years from the date of such bond.

The directors or managers of any bank or corporation are authorized and enjoined to take from each officer thereof, required by the charter or by-laws to give bond, a new bond as often as may be deemed expedient, but at furthest every six years, and so that the date of the new bond shall not be more than six years posterior to the date of the bond immediately preceding.

SECT. 9. Provided, That when a cause of action arises in this State, if the person liable to such action be not an inhabitant of this State at the accruing of such cause, or abscond or remove from this State before the expiration of the time allowed by this act for bringing such action, the time during which such person shall have been out of this State, shall, in applying either of the limitations in this act, be deducted; and in every such case at least one year from the return of such person into this State shall be allowed for bringing such action.

SECT. 10. Provided, also, That if, in any action judgment shall be rendered for the plaintiff, and the said judgment be afterwards reversed, or verdict be given for the plaintiff and judgment be arrested, or judgment be given against the plaintiff on a plea in abatement, or the plaintiff or defendant die after writ sued and before the defendant's appearance; a new action may be brought upon the same cause of action at any time within a year after said reversal, arrest, abatement or death. This proviso, however, shall not avail, if the first action at the time of bringing it were barred by this act; but if this act were pleaded in the first action, and verdict thereupon found for the plaintiff, such verdict shall be conclusive evidence that the first action was not at the time of bringing it barred by this act.

SECT. 11. No exceptions to an account of an executor, administrator or guardian, settled by the register for the county, shall be received or filed in the orphans' court after the expiration of three years from the settlement of said account; provided that this limitation, in respect to any person under disability of infancy, coverture or incompetency of mind at the time of the settlement of any such account, shall begin to run from the ceasing of such disability, and not from the time of such settlement.

SECT. 12. This act shall extend and apply to all recognizances, bonds, obligations and accounts herein mentioned, as well as those [*lxxxi] that have been taken, executed or settled heretofore, as those that

shall be taken, executed, or settled hereafter, and to all actions and causes of

action herein mentioned, as well those that have accrued heretofore, as those that shall accrue hereafter; saving only, that upon sheriff's recognizances taken before the first day of January, in the year of our Lord one thousand eight hundred and twenty-three, the period of limitation shall be seven years from the date of such recognizances, and upon afficial obligations of constables taken before the first day of January, in the year of our Lord one thousand eight hundred and twenty-seven, the period of limitation shall be four years from the date of such obligations; and this act shall not be a bar to any action commenced before the first day of September, in the year of our Lord one thousand eight hundred and thirty, upon any recognizance taken in the orphans' court, or upon the official bond of any officer of a bank or corporation, or of a State Treasurer, Secretary of State, County Treasurer, Treasurer of the trustees of the poor, Collector, or for a cause of action arising from a promissory note, bill of exchange, or acknowledgment under the hand of the party of a subsisting

demand.

MARYLAND.

Limitation of Certain Actions for avoiding Suits at Law. (Laws of Maryland, Vol. 1, Ch. 23.)

Forasmuch as nothing can be more essential to the peace and tranquillity of this province than the quieting the estates of the inhabitants thereof, and for the effecting of which no better measures can be taken than a limitation of time for the commencing of such actions, as in the several and respective courts within this province are brought, from the time of such actions accruing;

SECT. 2. Be it enacted, by the King's most excellent majesty, by and with the advice and consent of his majesty's Governor, Council and Assembly of this Province, and the authority of the same, That all actions of trespass quare clausum fregit; all actions of trespass, detinue, sur-trover, or replevin, for taking away goods or chattels; all actions of account, contract, debt, book, or upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors and servants which are not residents in this province; all actions of debt for lending, or contract without specialty; all actions of debt for arrearages of rent; all actions of assault, menaces, battery, wounding and imprisonment, or any of them, which shall be sued or brought by any person or

persons within this province, at any time after the end of this present [*lxxxii] session of assembly, shall be * commenced or sued within the time and limitation hereafter expressed, and not after; that is to say, the said actions of account, and the said actions upon the case, upon simple contract, book debt or account, and the said actions for debt, detinue and replevin for goods and chattels, and the said actions for trespass quare clausum fregit, within three years ensuing the cause of such action, and not after; and the said actions on the case for words, and actions of trespass, of assault, battery, wounding and imprisonment, or any of them, within one year from the time of the cause of such action accruing, and not after.

SECT. 3. And be it further enacted, by the authority aforesaid, That if any person entitled to any the action or actions aforesaid shall be, at the time of any such cause of action accruing, within the age of one-and-twenty years, feme covert, non compos mentis, imprisoned, or beyond the seas, that then such person or persons shall be at liberty to bring the said action or actions within the respective times before limited, after their coming to, or being of, full age, sound memory, at large, or returned from beyond the seas, as other persons having no such impediment might or should have done.

Ch. 216 repeals the savings in favor of persons beyond seas.

Real Actions and Replevin.

The Statute of 21 James I. c. 16, with its savings, is still in force in this State. 4 Griffith's Annual Law Reg. 930.

SOUTHERN STATES.

VIRGINIA.

Real Actions. (Revised Code.)

SECTION 1. Be it enacted by the General Assembly, That all writs of formedon in descender, remainder, or reverter, of any lands, tenements or hereditaments whatsoever, hereafter to be brought upon any title or cause hereafter accrued, or which may hereafter fall or accrue, shall be sued out within twenty years next after such title or cause of action accrued, and not afterwards; and that no person or persons, who now hath or have, or hereafter may have, any right or title of entry, into any lands, tenements, or hereditaments, shall make any entry but within twenty years next after such right or title accrued; and such person shall be barred from any entry afterwards.

SECT. 2. Provided, nevertheless, That if any person or persons, entitled to such writ or writs, or to such right or title of entry as aforesaid, shall

be, or were under the age of one-and-twenty years, feme covert, [* lxxxiii] non compos mentis, imprisoned or not within this Commonwealth, at

the time of such right or title accrued, or coming to them, every such person, and his or her heirs, shall and may, notwithstanding the said twenty years, are, or shall be expired, bring and maintain his action, or make his entry, within ten years next after such disabilities removed, or the death of the person so disabled, and not afterwards.

SECT. 3. In all writs of right, and other actions possessory, any person may maintain a writ of right upon the possession or seisin of his ancestor or predecessor, within fifty years, or any other possessory action upon the possession or seisin of his or her ancestor or predecessor, within forty years, next before the teste of the writ; but no person shall maintain a real action upon his own possession or seisin, but within thirty years next before the teste of the writ.

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