英文法律词典 L-46

38. - 2. As to personal actions. All actions of trespass¹ quare clausum fregit; of detinue; trover and replevin, for taking away goods or chattels²; upon account and upon the case; (other than actions between merchant and merchant, their factors and servants, relating to merchandise;) upon the case for words; of debt grounded upon any lending or contract without specially³; of debt for arrearages of rent; and all actions of trespass, assault, battery, menace, wounding or imprisonment⁴, shall be commenced and sued within three years next after the cause of such action or suit accrues⁵, and not after.

39. The 2d section of the same act contains a saving, in favor of persons who, at the time of the cause of action accrued⁶, are within the age of twenty-one years; femes covert⁷; persons of insane memory, or imprisoned⁸. Such persons must bring their actions within one year next after the removal of such disability as aforesaid.

40. In the 3d section of the same act, provision is made, that no person not keeping a day book, or regular book of accounts, shall be admitted to prove or require payment of any account of longer standing⁹ than one year against the estate of any person dying within the state, or if it consist of many particulars, unless every charge therein shall have accrued within three years next before the death of the deceased, and unless the truth and justice thereof shall be made to appear by one, sufficient witness; and in case of a regular book of accounts, unless such account shall have accrued or arisen within three years before the death of the deceased person.

41. In section 6th, there is a saving of the rights or demands of infants, femes covert, persons of insane memory, or imprisoned, so their accounts be proved and their claims prosecuted¹⁰ within one year after the removal of such disability.

42. By a supplementary¹¹ act, it is declared, that nothing contained in this act, shall extend to any intercourse¹² between merchant and merchant, according to the usual course of mercantile business nor to any demands founded on mortgages: bonds, bills, promissory notes, or settlements under the hands of the parties concerned.

43. All actions upon administration, guardian¹³ and testamentary bonds, must be commenced within six years after passing the said bonds; and actions on sheriff's recognizances, within seven years after the entering into such recognizances, and not after; saving in all these cases, the rights of infants, femes covert, persons of insane memory, or imprisoned, of bringing such actions on administration, guardian or testamentary bonds, within three years after the removal of the disability, and on sheriff's recognizances within one year after such disability removed.

44. No appeal can be taken from any interlocutory order, or final decrees of the chancellor¹⁴, but within one year next after making and signing the final decree, unless the person entitled to such appeal be an infant, feme covert, non compos mentis, or a prisoner.

45. No writ¹⁵ of error, can be brought upon any judgment¹⁶, but within five years after the confessing, entering or rendering¹⁷ thereof, unless the person entitled to such writ, be an infant, feme covert, non compos mentis, or a prisoner, and then within five years exclusive of the time of such disabi- lity. Constitution, article 5, s. 13.