Page:United States Statutes at Large Volume 76A.djvu/379

–283– -283§ 44. Actions on accounts For the purposes of section 42 of this title: (1) "Book account" means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or a fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by the creditor or fiduciary, and is kept in a reasonably permanent form and manner and is (A) in a bound book, or (B) on a sheet or sheets fastened in a booK or to backing but detachable therefrom, or (C) on a card or cards of a permanent character, or is kept in any other reasonably permanent form and manner. (2) Where an account stated is based upon an account of one item, the cause of action accrues from the date of said item, and where an account stated is based upon an account of more than one item, the cause of action accrues from the date of the last item. (3) 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 accrues from the time of the last item proved in the account on either side. § 45. No limitation; action to recover bank deposits; effect of insolvency There is no limitation to actions brought to recover money or other property deposited with a bank, banker, trust company, building and loan association, or savings and loan society. This section does not apply to banks, bankers, trust companies, 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. This section does not relieve a stockholder of a banking corporation or trust company from the stockholder's liability provided by law. Subchapter II—Computation of Time; Tolling of Statute of Limitations § 71. Commencement of action An action is commenced, within the meaning of this chapter, when the complaint is filed. § 72. Absence from Canal Zone If, when the cause of action accrues against a person, he is absent from the Canal Zone, the term herein limited does not begin to run until his return to the Canal Zone. If, after the cause of action accrues against a person, he departs from the Canal Zone, the time of his absence is not part of the time limited for the commencement of the action. § 73. Persons under disabilities If a person entitled to bring an action is at the time the cause of action accrues: (1) under the age of majority; or (2) mentally incompetent; 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 is a necessary party with her in commencing the action— the time of the disability is not a part of the time limited for the commencement of the action.

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