Page:United States Statutes at Large Volume 31.djvu/386

 334 F IFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. shall be but one form of action for the enforcement or protection of private rights and the redress or prevention of private wrongs, which IS denominated a civil action. I _ d§;;§§€i§¤ww»¤¤W Sec. 2. In such actions the party complaining shall be known as the ` plaintiff and the adverse party as the defendant. CHAr··rmn~ Two. OF THE TIME OF COMMENCEMENT 0;* CIVIL ACTIONS. Sec.- _ I A Sec. _ 3. Time of, commencing actions in gen- 17. Provisions when person entitled dies eral. .. before time expires. 4. Within ten years. 18. In actions by aliens time of war to be 5. Within ten years. deducted. 6. Within six years. , 19. Time of stay by injunction or statu- 7. Within three years. · tory prohibition to be deducted. 8. Within two years. 20. Disability must exist when right of 9. Within one year. _ action accrued. 10. Actions for penalty. 21. When several disabilities limitation 11. Actions not before provided for. does not attach imtil all removed. . 12. When cause of action accrues upon 22. Acknowledgment or new promise current account. must be in writing. 13. Limitations in actions by public cor- 23. Limitation to commence from time Wporations. of last pagnent. 14. enaction deemed commenced. 24. No action rred by statute when 15. Exceptions when defendant out of, cause accrued can be maintained. the district. . 16. Exceptions in favor of persons under legal disability. p P . Tim °f °°¤im¤¤‘=· Sec. L3. Civil actions shall only be commenced within the periods mg°m°°Sii’g°um1` prescribed in this title after the cause of action shall have accrued, exceptwhen, in special cases, a diderentlimitation is prescribed by statute} But the objection that the action was not commenced within the time limited shall only be taken by answer, except as otherwise providedin section fifty-eight. _ p · _ Within wu rms. Sec. 4. The periods prescribed in sectionthree of this Act for the commencement of actions shall be as follows: ‘ _ ‘ Within ten years`actions for the recovery of real property, or for _ the recoveryof the possession thereof; and no action shall be maintained for such recovery unless it shall appear that the plaintid, his ancestor, predecessor, or grantor was seize_ `or possessed of the premises in %17estion within ten years before the commencement of the action:. ovidcd, In all cases where an cause of action has already accrued, and the period prescribed in this section, within which an action may be brought has expired or will expire within one year from the approval of this Act, an action may be brought on such cause of action within one yearfrom the date of the approval of theAct. Within *8*1 rmi- Sec. 5. Within ten yearsj- -. ‘ . A ‘ ‘_ ’_ First. Anlaction upon a judgment or decree of any court of the United States, or of any State or Territory within the United States; · Second. An action upon a sealed instrument. s ‘ Wiihmsix Yam- Sec. 6. Within six years-- -. . First. An action upon a contract or liability, express or implied, excepting those mentioned in section five; Secon. An action upon a liabilitycreated by statute, other than a penalty or forfeiture; Third. An action for waste ortrespass upon real property; Fourth. An action for taking, detaining, or injuring personal prop- » ert, including an action for the specific recovery thereof. Wiihm thm Yme gse. 7. Within three years- · . First. An action against a marshal, coroner, or constable, upon a liability incurred by the doing of an act in his official capacity or in