SEC. 13. (2750.) Savings. Infancy. Coverture. Insanity. If a person entitled to any action comprehended within either of the foregoing provisions shall have been, at the time of the accruing of the cause of such action, under disability of infancy, coverture, or incompetency of mind, this chapter shall not be a bar to such action during the continuance of such disability, nor until the expiration of three years from the removal thereof.

SEC. 14. (2751.) Absence of Defendant from the State. If at the time when a cause of action accrues against any person he shall be out of the State, the action may be commenced within the time herein limited therefor, after such person shall come into the State, in such manner that, by reasonable diligence, he may be served with process, and if after a cause of action shall have accrued against any person he shall depart from and reside out of the State, the time of his absence until he shall have returned into the State in manner aforesaid shall not be taken as any part of the time limited for the commencement of the action.

SEC. 15. (2752.) After Judgment arrested or reversed, &c. — If in any action duly commenced within the time herein limited therefor, the writ shall fail of a sufficient service or return by any unavoidable accident, or by any default or neglect of the officer to whom it is committed; or if the writ shall be abated, or the action otherwise avoided, or defeated, by the death of any party thereto, or for any matter of form; or if after a verdict for the plaintiff the judgment shall be arrested; or if a judgment for the plaintiff be reversed on a writ of error, a new action may be commenced for the same cause of action, at any time within one year after the abatement or other determination of the original suit, or after the reversal of judgment therein.

(2753.) Verdict in First Action conclusive, when. If in the original action the benefit of this chapter be pleaded, and a verdict upon such plea be found for the plaintiff, such verdict shall be conclusive evidence that the original action was commenced within the time limited therefor.

SEC. 16. (2754.) Set-off. The provisions of this chapter shall apply to any debt alleged by way of set-off on the part of a defendant; and the time of limitation of such debt shall be computed in like manner as if an action therefor had been commenced at the time when the plaintiff's action commenced.

FLORIDA.

DIGEST LAWS, 1822-1881. CHAP. 144.

LIMITATION OF ACTIONS.

SECTION 1. Period of Limitation. - Civil actions can only be commenced within the period prescribed in this chapter after the cause of action shall have accrued, except where a different limitation is prescribed by statute.

SEC. 2. Real Property, Possession thereof. —No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seised or possessed of the premises in question within seven years before the commencement of such action.

SEC. 3. Action for Real Property, Rents, &c. - No cause of action or defence to an action founded upon the title to real property, or to rents, or to ser vice out of the same, shall be effectual, unless it appear that the person prosecuting the action or making the defence, or under whose title the action is prosecuted or the defence is made, or the ancestor, predecessor, or grantor of such person was seised or possessed of the premises in question within seven years before the accruing of the right of action or defence in respect to which such action is prosecuted or defence made, or unless it appear that the title to such premises was derived from the United States or the State of Florida within seven years before the commencement of such action; and the cause of action shall not commence to run until the date of the patent issued by the State or the United States.

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SEC. 4. Possession presumed from Legal Title, except. — In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time prescribed by law; and the occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title, unless it appear that such premises have been held and possessed adversely to such legal title for seven years before the commencement of such action.

SEC. 5. Adverse Possession under Judgment or Written Title defined. - Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises under claim of title exclusive of any other rights, founding such claim upon a written instrument as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included. in such instrument, decree, or judgment for seven years, the premises so included shall be deemed to have been held adversely, except that where the premises so included consist of a tract divided into lots, the possession of one lot shall not be deemed the possession of any other lot of the same tract.

SEC. 6. Definition continued. For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, land shall be deemed to have been possessed and occupied in the following cases: First, where it has been usually cultivated or improved; or, second, where it has been protected by a substantial enclosure; or, third, where (although not indorsed) it has been used for the supply of fuel, or of fencingtimber for the purpose of husbandry, or for the ordinary use of the occupant; or, fourth, where a known lot or single farm has been partly improved, the portion of such farm or lot that may have been left not cleared, or not enclosed, according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved or cultivated.

SEC. 7. Adverse Possession defined. - Where it shall appear that there has been an actual continued occupation of premises under a claim of title exclusive of any other right, but not founded upon a written instrument or a judgment or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely.

SEC. 8. Definition continued. For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument, judgment, or decree, land shall be deemed to have been possessed and occupied in the following cases only: First, where it has been protected by a substantial enclosure, or, second, where it has been usually cultivated or improved.

SEC. 9. Period of Infancy, &c., excepted. — If a person entitled to commence any action for the recovery of real property, or to make an entry or defence

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founded on the title to real property, or to rents or services out of the same, be, at the time such title shall first descend or accrue, either: First, within the age of twenty-one years; or, second, insane; or, third, imprisoned; or, fourth, a married woman, the time during which such disability shall continue shall not be deemed any portion of the time in this chapter limited for the commencement of such action, or the making such entry or defence; but such action may be commenced, or entry or defence made, within the period of seven years after such disability shall cease, or after the death of the person entitled who shall die under such disability; but such action shall not be commenced, or entry or defence made, after that period.

SEC. 10. Personal Actions. Actions other than those for the recovery of real property can only be commenced as follows: - Within twenty years: First, an action upon a judgment or decree of any court of the United States, or of any State or Territory within the United States; second, an action upon any contract, obligation, or liability founded upon an instrument of writing, under seal twenty years, not under seal five years. Within three years: First, an action upon a liability created by statute, other than a penalty or forfeiture; second, an action for trespass upon real property; third, an action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property; fourth, an action for relief on the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud; fifth, an action upon a contract, obligation, or liability not founded upon an instrument of writing, except an action on an open account for goods, wares, and merchandise. Within two years: First, an action upon a statute for a penalty or forfeiture; second, an action for libel, slander, assault, battery, or false imprisonment; third, an action on an open account for goods, wares, and merchandise sold and delivered, and an action for any article charged in a store account shall not be barred until four years.

SEC. 11. Balance of Mutual Open Account. In an action brought to recover a balance due upon a mutual, open, and current account, when there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.

SEC. 12. Other Actions. An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued. SEC. 13. When Action deemed commenced. An action shall be deemed to be commenced, within the meaning of this chapter, when the summons or other original process shall be delivered to the proper officer to be served, or the complaint filed in the proper court.

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SEC. 14. Causes accruing against Absentees. If, when the cause of action shall accrue against a person, he is out of the State, the action may be commenced within the term herein limited after his return to the State; and if after the cause of action shall have accrued he depart the State, the time of his absence shall not be part of the time limited for the commencement of the action.

SEC. 15. Actions by and against Administrators. If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his representatives after the expiration of that time, and within six months from the issuing of letters testamentary or of administration. If a person against whom an action may be brought die before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his

executors or administrators after the expiration of that time, and within one year after the issuing of letters testamentary or of administration.

SEC. 16. Reversal of Judgment. If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survives, his heirs or representatives, may commence a new action within one year after the reversal. SEC. 17. When Disability available. No person shall avail himself of a disability, unless it existed when the cause of action accrued.

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SEC. 18. Effect of Bar by Statutes of another State. When the cause of action has arisen in another State or Territory of the United States or in a foreign country, and by the laws thereof an action thereon cannot be maintained against a person by reason of the lapse of time, no action thereon shall be maintained against him in this State.

SEC. 19. Actions not heretofore barred. All actions not heretofore barred by statute, or that will be barred within sixty days from the passage hereof, shall not be affected by limitations of this chapter until six months from the date of the approval hereof.

SEC. 20. Act not to apply in Certain Cases. This chapter shall not apply to any action by this State, or any officer or person in behalf of this State, or any action by or in behalf of the Trustees of the Internal Improvement Fund, or of the Seminary or School Fund, or of the Board of Education of the State, or of any county or municipal corporation or school district within this State, or with respect to any moneys or property held or collected by any officer or trustee or his sureties. SEC. 21. Limitation after Reversal of Judgment. If in any actions or suits judgment be given for the plaintiff, and the same be afterward reversed by error, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment the judgment be given against the plaintiff, that he take nothing by his plaint, writ, or bill, in all such cases the party plaintiff, his heirs, executors, or administrators (as the case shall require), may commence a new action or suit from time to time within one year next after such judgment reversed, or such judgment given against the plaintiff, and not after.

CHAP. 2.

SEC. 72. Action on Judgment against Decedent. No action of debt shall be brought against any executor or administrator, or other person having charge of the estate of a testator or intestate upon a judgment obtained against his testator or intestate, nor shall any scire facias be issued against any executor or administrator, or other person having charge of the estate as aforesaid, to revive such judgment, after the expiration of five years from the qualification of his executor or administrator, or of such other person having charge of the estate; and all such judgments, after the expiration of five years upon which no proceeding shall have been had, shall be deemed to have been paid and discharged, saving to all persons non compos mentis, femes covert, infants, imprisoned, or out of this State, who may have been entitled to the benefits of such judgments, three years after these several disabilities shall be removed.

SUPPLEMENTAL ACTS.

SECTION 91 limits to five years after his discharge, a suit against an executor, &c. By chap. 108, sec. 3, a proceeding in forcible entry and detainer is limited to three years after the dispossession.

GEORGIA.

CODE, 1882. PART II., TITLE VII., CHAP. IX., ART. IX.

LIMITATION OF ACTIONS ON CONTRACTS.

SEC. I. Periods of Limitation.

SECTION 2913. On Foreign Judgments.

All suits upon judgments obtained out of this State shall be brought within five years after such judgment is obtained. SEC. 2914. On Domestic Judgments. No judgment hereafter obtained in . the courts of this State shall be enforced after the expiration of seven years from the time of its rendition, when no execution has been issued upon it; or when execution has been issued, and seven years have expired from the time of the last entry upon the execution, made by an officer authorized to execute and return the same, - such judgment may be revived by scire facias, or be sued on within three years from the time they become dormant.

SEC. 2915. On Specialties.

Actions upon bonds or other instruments under seal shall be brought within twenty years after the right of action accrues; but no instrument shall be considered under seal unless so recited in the body of the instrument.

SEC. 2916. Statutory Rights. All suits for the enforcement of rights accruing to individuals under statutes, acts of incorporation, or by operation of law, shall be brought within twenty years after the right of action accrues.

SEC. 2917. Simple Contracts. All actions upon promissory notes, bills of exchange, or other simple contract in writing, shall be brought within six years after the same becomes due and payable.

SEC. 2918. Open Accounts. All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied assumpsit or undertaking, shall be brought within four years after the right of action accrues.

SEC. 2919. Bills of Review and for New Trial. — All bills of review or for a new trial in a court of equity (unless the latter be founded on proof of perjury in a material witness for the successful party) shall be brought within three years after such a decree or judgment has been rendered.

SEC. 2920. Certiorari. — All writs of certiorari shall be allowed and brought within three months after the rendition of the judgment sought to be reversed.

SEC. 2921. Writs of Error. — All writs of error must be sued out within thirty days from the adjournment of the court where the decision complained of was made, or, if made at chambers, from the time of the decision.

SEC. 2922. Suits against Executors, Administrators, &c. — All actions against executors, administrators, guardians, or trustees, except on their bonds, must be brought within ten years after the right of action accrues.

SEC. 2923. Other Actions ex Contractu. All other actions upon contracts, express or implied, not herein before provided for, must be brought within four years from the accrual of the right of action.

SEC. 2924. Limitations in Equity. - The limitations herein provided apply equally to courts of law and equity; and, in addition to the above, courts of equity