Page:United States Statutes at Large Volume 47 Part 1.djvu/942

 918 72d CONG RESS. SESS. II. CH. 127 . FEBR UARY 27, 1933. Net applicable to in. T his section shall not apply to banks, bankers, trust co mpa ni es, solve nt ba nks, etc . building and loan associations, and savings and loan societies which have become insolvent and are in process of liquidation and in such cases the statute of limitations shall be deemed to have commenced to run from the beginning of the process of liquidation- provided, however, nothing herein contained shall be construed so as to relieve any stockholder of any banking corporation or trust company from stockholder's liability as shall, at any time, be provided by law. General provisions, GENERAL PROVISIONS AS TO TI ME OF COMMENCING ACTIONS commencing actions. When commenced . SEC. 73. WHEN AN ACTION IS COMMENCED : An action is com - menced, within the meaning of th is chapter, when the complaint is filed. Excep tions . SEC. 74. EXCEPTION WH ERE DEFENDANT IS OUT OF TJ 3E ZONE.If Where defendant out I of zone. when the c ause of action accrues against a person, he is out of the Canal Zone , the acti on may be comme nced withi n the term here in limited, after his return to the Zone, and if, after the cause of actio n acc rues, he d epart s fro m the Zone , the time of his ab sence is not part of the time limited for the commencement of the action. bilit ies P erson s und er ataer SEC. 75. EXCEPTION, AS TO PERSONS UNDER DISAB>LTTIES .If a per- Ante, p. sib. son entitled to bring an action, mentioned in sections 63 to 72, be, at the time the ca use of action accrued, either : 1 . Under the age of majority ; 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 for life ; or 4 . A married woman, and her husband be a necessary party wi t h her in commencing such action? The ti me of such disability is not a part of the ti me limited for the commencement of the action. Where person enti- SEC . 76. PROVISION WHE RE PERSON ENTITLED DIES BEFORE LIMITATION tled dies before limita- tion expires. EXPIRES.-If a person entitled to bring an action die before the exp ira ti on of the tim e lim it ed for the commencement thereof= and the cause o f action survive, an action may be commenced by his repre- sentatives after the expiration of that time, and within six months from his death. If a pers on ag ainst whom an a ction may be br ought die before the expiration of the time limited for the commencement the reo f, and the cause of action sur vi ve, an action may be commenced against his representatives, after the expiration of that time, and within one year after the issuing of letters testamentary or of administration. Suits by aliens, time SEC. 77. IN SUITS BY AT,TENS, TIME OF WAR TO BE DEDUCTED. -W hen a of war deducted . person is an alien subject, or citizen of a country at war with the Uni ted States, the ti me of the continuance of the war is not pa rt of the period limited for the commencement of the action. Where judgment re- SEC. 78. PROVISION WH ERE JUDGMENT HAS BEEN REVER SED .-If an versed . ac tion is co mmenc ed wi thin the t ime p rescr ibed there for, and a judg men t therein for the plaintiff be reversed on ap pea l, the pla in tif f, orifhedie and the cause of action survive, his representatives, may commence a new action within one year after the reversal. Where action stayed SE C. 79. PROVISION WHERE ACTION IS STAYED BY I NJUNC TION , byinjunttion . W hen the commencement of an actio n is staye d by injun ction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. Disability must exist SEC . 80. DISABILITY MUST EXIST WHEN RIGHT OF ACTION ACCRUED : when right of action accrued. No person can avail himself of a disability, unless it existed when his right of action accrued.