Page:United States Statutes at Large Volume 76A.djvu/377

–281– -281§ 4. Division of judicial remedies Judicial remedies are divided into (1) actions and (2) special proceedings. § 5. Action defined An action is an ordinary remedy in a court of justice by which one party prosecutes another for the declaration, enforcement, or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. § 6. Special proceeding defined Every remedy other than an action as defined by section 5 of this title is a special proceeding. § 7. Civil and criminal remedies not merged When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other. § 8. Pending action defined An action is pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied. § 9. Lost pleadings and papers If an original pleading or paper is lost, the court may authorize a copy thereof to be filed and used instead of the original.

CHAPTER 3—LIMITATION OF ACTIONS SUBCHAPTER I—LIMITATION GENERALT Sec.

41. 42. 43. 44. 45.

Limitation of civil actions generally; special proceedings. Periods of limitation. Actions not otherwise provided for. Actions on accounts. No limitation; action to recover bank deposits; effect of insolvency.

SUBCHAPTER II—COMPUTATION OF TIJfE; TOLLING OF STATUTE OF LIMITATIONS

71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81.

Commencement of action. Absence from Canal Zone. Persons under disabilities. Death before expiration of limitation period. Alien enemies in time of war. New action after reversal of judgment. Commencement stayed by injunction or statute. Time of existence of disability. Two or more disabilities. Aclinowledgment or promise; payment on account. Limitation laws of other jurisdictions.

Subchapter I—Limitation Generally § 41. Limitation of civil actions generally; special proceedings (a) Civil actions are barred unless commenced within the periods prescribed in this chapter, after the cause of action has accrued, except where a different limitation is prescribed by statute. (b) As used in this chapter, "action" includes, when necessary, a special proceeding of a civil nature. § 42. Periods of limitation The periods for the commencement of actions are: (1) Five years (A) upon a judgment or decree of a court of the United States or of a State of the United States;

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