CHAPTER XIX.

 

OF THE TIME OF COMMENCING PERSONAL ACTIONS.

 

§1036.  The following actions shall be commenced within six years next after the cause of such action accrued, and not after:

 

1. Actions for the recovery of any debt founded upon any contract, obligation or liability, excepting such as are brought upon the judgment or decree of some court of record:

 

2. Actions upon judgments rendered in any court not being a court of record:

 

3. Action of debt for arrearages of rent:

 

4. Actions for trespass upon lands:

 

5. Actions for taking, detaining or injuring any goods or chattels, including actions of replevin:

 

6. Special actions on the case for criminal conversation, for libels, or for any other injury to the persons or rights of any, except such as are specified in the next two sections.

 

§1037.  The following actions shall be commenced within two years after the cause of action accrued, and not after:

 

1. Actions for assault and battery:

 

2. Actions for false imprisonment:

 

3. Actions for words spoken slandering the character or title of any person:

 

4. Actions for words spoken whereby special damages are sustained:

 

5. Actions against the marshal, sheriffs, or other officers, for the escape of prisoners, or upon any liability incurred by them by the doing any act in their official capacity, or by the omission of any official duty.

 

§1038.  In all actions of debt, account, or assumpsit, brought to recover any balance due upon a mutual, open and current account, the cause of action shall be deemed to have accrued, from the time of the last item proved in such account.

 

§1039.  If any person entitled to bring any action in this chapter specified (excepting actions against the marshal, sheriffs, or other officers) shall, at the time the cause of action accrued be, either,

 

1. Within the age of twenty years: or,

 

2. Insane: or,

 

3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than his natural life: or,

 

4. A married woman:  Such persons shall be at liberty to bring such actions within the respective times in this chapter limited, after such disability removed.

 

§1040.  If any person entitled to bring any action in this chapter specified, shall die before the expiration of the time herein limited for the commencement of such suit, if such cause of action shall survive to his representative, his executors or his administrators may, after the expiration of such time and within one year after such date, commence such action; but not after that period.

 

§1041.  If at any time when any cause of action specified in this chapter shall accrue against any person, he shall be out of the Kingdom, such action may be commenced within the terms herein respectively limited, after the return of such person into this Kingdom; and if, after such cause of action shall have accrued, such person shall depart from and reside out of this Kingdom, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.

 

§1042.  Repealed 1876, Ch. XXXIV., Sec. 8.

 

§1043.  Whenever the commencement of any suit shall be stayed by an injunction of any court of equity, the time during which such injunction shall be in force, shall not be deemed any portion of the time in this chapter limited for the commencement of such suit.

 

§1044.  When a suit shall be alleged by a plaintiff to have been commenced within the time required by law, and such allegation shall be put in issue by the defendant, it shall be competent for the defendant to prove, on the trial, that the process issued by the plaintiff was not issued with the intent or in the manner required by law; or that any means whatever were used by the plaintiff, or his attorney, to prevent the service of the writ, or to keep the defendant in ignorance of the issuing thereof.

 

§1045.  Upon such matter being established, or upon its appearance in any other way that any process was issued without any intent that it should be served, such process shall not be deemed the commencement of a suit within the meaning of the provisions of this chapter.

 

§1046.  No person shall avail himself of any disability enumerated in this chapter, unless such disability existed at the time his right of his action accrued.

 

§1047.  Where there shall be two or more such disabilities existing at the time the right of action accrued, the limitations herein prescribed shall not attach until all such disabilities be removed.

 

§1048.  The provisions of this chapter shall not extend to any action which is, or shall be, limited by any statute to be brought within a shorter time than is herein prescribed; but such action shall be brought within the time limited by such statue.

 

§1049.  If any person who is liable to any of the actions mentioned in this article, shall fraudulently conceal the cause of such action from the knowledge of the person entitled thereto, the action may be commenced at any time within six years after the person who is entitled to bring the same shall discover that he has such cause of action, and not afterwards.

 

§1050.  All the provisions of this chapter shall apply to the case of any debt on contract, alleged by way of set off on the part of the defendant, and the time of limitation of such debt shall be computed in like manner as if an action had been commenced therefor, at the time when the plaintiff’s action commenced.

 

§1051.  Every judgment and decree, in any court of record of this Kingdom, shall be presumed to e paid and satisfied, at the expiration of twenty years after the judgment or decree was rendered.

 

§1052.  In all cases where the right of action shall have accrued previous to the first day or August, A.D. 1853, no action shall be maintainable, unless the same shall be commenced before the first day of August A.D. 1859; subject however to the provisions of Section 1039.

 

 

Return to Civil Code Table of Contents