英文法律词典 L-51

81. - §VI. Of the rules relative to the prescription¹ operating a discharge from debts. Art. 3514. In cases of prescription releasing debts, one may prescribe against a title created by himself, that is, against an obligation which be has contracted.

82. - 3515. Good faith not being required on the part of the person pleading this prescription, the creditor² cannot compel him or his heirs to swear whether the debt has or has not been paid, but can only blame himself for not having taken his measures within the time directed by law; and it may be that the debtor³ may not be able to take any positive oath on the subject.

83. - 3516. The prescription releasing debts is interrupted by all such causes as interrupt the prescription by which property is acquired, and which have been explained in the first section of this chapter. It is also interrupted by the causes explained in the following articles.

84. - 3517. A citation⁴ served upon one joint⁵ debtor or his acknowledgment of the debt, interrupts the prescription with regard to all the others and, even their heirs. A citation served on one of the heirs of a joint debtor, or the acknowledgment of such heir, does not interrupt the prescription with regard to the other heirs, even if the debt was by mortgage, if the obligation be not indivisible. This citation or acknowledgment does not interrupt the prescription, with regard to the other co-debtors, except for that portion for which such heir is bound. To interrupt this prescription for the whole, with regard to the other co-debtors, it is necessary, either that the citations⁶ be served on all, or the acknowledgment be made by all the heirs.

85. - 3518. A citation served on the principal debtor, or his acknowledgment, interrupts the prescription on the part of the surety.

86. - 3519. Prescription does not run against minors⁷ and persons under interdiction⁸, except in the cases specified⁹ above.

87. - 3520. Prescription runs against the wife, even although she be not separated of property by marriage contract or by authority of law, for all such credits as she brought in marriage to her husband, or for whatever has been promised to her in dower; but the husband continues responsible to her.

88. Maine. 1. As to real actions. The writ¹⁰ of right is limited to thirty years writ of ancestral seisin, twenty-five years writ of entry on party's own seisin, twenty years. Stat. of Maine, eh. 62, §1, 2, 3. But by the revised statutes¹², all real actions are limited to twenty years, from the time the right accrues¹³. They took effect on the first day of April, 1843. Rev¹¹. Stat. T. 10, ch. 140, §1. And writs¹⁴ of right and of formedon are abolished after that time. Rev. Stat. ch. 145, §1.

89. - 2. As to personal actions. When founded on simple contract, they are limited after six years; Rev. Stat. T. 10, ch. 146, §1; on specialties¹⁵, twenty years. Id. §11. Personal actions founded on torts are limited to six years, except trespass¹⁶ for assault and battery, false imprisonment¹⁷, slanderous¹⁸ words and libels, which are limited to two years. Id. §1.