Page:United States Statutes at Large Volume 47 Part 1.djvu/941

 72d C ONGRESS. SESS. II. CH. 127. FE BRUARY 27, 1933 . due upon a mutual, op en and current account : Provided 1tmvever, That where an account stated is based upon an account of gne item, the time shall begin to run from the date of said item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. SEc. 67. WITHIN THREE mARs .--Within three years : 1. An action upon a liability created by statute, other than a p enalty o r forfei ture. 2 . An action for trespass upon or injury to real property. 3 . An action for taking, detaining, or injuring any goods or chat- tels, including actions for the specific recovery of personal property. 4 . An action for relief on the ground of faud or mistake. 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 or mistake. SEC. 68. WITHIN Two TEARs.-Within two years 1 . An action upon a contract, obligation, or liability not founded upon an instrument of writing, other than that mentioned in subdivi- sion two of section 66 ; or an action founded upon a contract, obliga- tion, or liability, evidenced by a certificate, or abstract or guarant of title of real property, or by a policy of title insurance ; provid that the c ause o f act ion u pon a contr act, oblig ation or li abili ty, evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder. 2 . An action against a marshal, coroner, or constable upon a lia- bility 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 nonpayment of money col lect ed u pon an execution. But this sub- division does not apply to an action for an escape. SEC. 69. WITHIN ONE TEAR.-Within one year : 1 . An action upon a statute for a penalty or forfeiture, when the actio n is given to an indi vidua l, or to an indi vidual and the G ov- ernment, except when the statute imposing it prescribes a different limitation. 2. An action upon a statute, or upon an undertaking in a criminal action, for a forfeiture or penalty to the Government of the Canal Zone. 3. An action for libel, slander, assault, battery, false imprison- ment, seduction, or for injury to or for the death of one caused by the wrongful act or neglect of another, or by a depositor against a bank for the payment of a forged or raised check. 4. An action against the marshal or other officer for the escape of a prisoner arrested or imprisoned on civil process. SEC. 70. ACTIONS FOR RELIEF NOT HEREINBEFORE - PROVIDED FOR.- An action for relief not hereinbefore provided for must be com- menced within four years after the cause of action shall have accrued. SEC. 71. WHERE CAUSE OF ACTION ACCRUES ON MUTUAL ACCOUNT.- 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 is deemed to have accrued from the time of the last item proved in the account on either side. SEC. 72. No LIM ITAT ION TO CERTAIN ACTIONS ; NOT APPLICABLE TO BANKS, ETO.-To actions brought to recover money or other property deposited with any bank, banker, trust company, building and loan association, or savings and loan society there is no limitation. Th ree y ears . Two years. One year. 917 Proviso. Accounts state d. Actions for relief not hereinbetar e provided for. Where cause of action accrues on mutual ac- count. No limitation to cer- tain actions.