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1. An action against a sheriff, coroner or constable upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty; including the failure to pay money collected upon an execution; but this section does not apply to an action for an escape:

2. An action upon a statute, for a penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the people of this state, except where the statute imposing it prescribes a different limitation.

Amended Code, § 92.

§ 576. Within two years:

1. An action for libel, slander, assault, battery, or false imprisonment:

2. An action upon a statute, for a forfeiture or penalty to the people of this state.

Amended Code, § 93.

§ 577. Within one year:

1. An action against a sheriff or other officer, for the escape of a prisoner arrested or imprisoned on civil process.

Amended Code, § 94.

§ 978. 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 is deemed to have accrued, from the time of the last item proved in the account, claimed, or proved to be chargeable, on the adverse side.

Amended Code, § 95, modified as it seems to us it ought to be.

§ 579. An action upon a statute, for a penalty or forfeiture, given in whole or in part to the person who prosecutes for the same, must be commenced within one year after the commission of the offence; and if the action be not commenced within the year by a private party, it may be commenced within two years. thereafter, in behalf of the people of this state, by the attorney-general or the district attorney of the county where the offence was committed.

Amended Code, § 96.

§ 580. An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.

Amended Code, § 97.

§ 581. The limitations prescribed in this chapter apply to actions brought in the name of the people of this state, or for their benefit, in the same manner as to actions by private parties.

Amended Code, § 98.

CHAPTER IV.

GENERAL PROVISIONS AS TO THE TIME OF COMMENCING ACTIONS.

SECTION 582. When action deemed to have been commenced.

583. Issuing summons in certain cases to be deemed a commencement. 584. Exception, where defendant is out of the state.

585. Exception, as to persons under disabilities.

586. Provision where person entitled, dies before the limitation expires.

587. In suits by aliens, time of war to be deducted.

588. Provision, where judgment has been reversed.

589. Time of stay of action by injunction (or statutory prohibition to be deducted.

590. Disability must exist when right of action accrued.

591. Where two or more disabilties, limitation does not attach, till all

removed.

592. This title not applicable to bills, &c., of corporations, or to bank

notes.

593. Nor to actions against directors or stockholders of monied corpor-
ations or banking associations. Limitations in such cases pre-
scribed.

594. Acknowledgment, or new promise must be in writing.
595. Existing causes of action not affected.

§ 582. An action is commenced as to each defendant when the summons is served on him, or on a co-defendant, who is a joint contractor, or otherwise united in interest, with him.

Amended Code, § 99. This section and the next are changed in phraseology, so as to avoid the incongruity of the former provision, which allowed two modes of commencing an action inconsistent with each other.

§ 583. An attempt to commence an action, is deemed equivalent to the commencement thereof, within the meaning of this title, when the summons is delivered, with the intent that it shall be actually served, to the sheriff or other officer of the county, in which the defendants, or one of them, usually or last resided; or if

a corporation be defendant, to the sheriff, or other of ficer, of the county, in which such corporation was established by law, or where its general business was transacted, or where it kept an office for the transaction of business. But such an attempt must be followed by the first publication of the summons, or the service thereof within sixty days.

§ 584. If, when the cause of action accrue against a person, he be 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 accrues, he depart from the state, the time of his absence is not part of the time limited for the commencement of the action.

Amended Code, § 100.

§ 585. If a person, entitled to bring an action mentioned in the last chapter, except for a penalty or forfeiture, or against a sheriff or other officer for an escape, be at the time the cause of action accrued, either: 1. Within the age of twenty-one years; or

2. Insane; or

3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life; or

4. A married woman;

The time of such disability is not a part of the time limited for the commencement of the action, except

that the period, within which the action must be brought, cannot be extended more than five years, by any such disability, except infancy, nor can it be so extended in any case longer than one year after the disability ceases.

Amended Code, § 101. Modified, so as to limit the time, according to the views expressed in the note to section 571.

§ 586. 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 survive, an action may be commenced by his representatives, after the expiration of that time, and within one year from his death. 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 survive, an action may be commenced against his representatives after the expiration of that time, and within one year after the issuing of letters testamentary, or of administration.

Amended Code, § 102.

§ 587. When a person is an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of the action.

Amended Code, § 103.

§ 588. If an action be commenced within the time prescribed therefor, and a judgment therein for the plain

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