CHAP. 167. Short title. Time within which actions TITLE XXV. OF LIMITATION OF ACTIONS. CHAPTER 167. OF THE LIMITATION OF ACTIONS. SHORT TITLE. 1. This Chapter may be cited as The Statute of Limitations." LIMITATION OF CERTAIN ACTIONS. 2. (1.) The actions in this section mentioned shall be shall be brought. commenced within and not after the times respectively in such section mentioned, that is to say: Assault, slander, &c., one year. Penalties, &c., two years. Lease, bond, specialty, judg. ment, or recognizance, twenty years. Contract or award not by specialty, money levied, trespass, conversion, libel, malicious prosetion, seduction, crim, con., trespass on the case, six years. Action of accounts, &c., (a) actions for assault, menace, battery, wounding, imprisonment, or slander, within one year after the cause of any such action arose; (b) actions for penalties, damages, or sums of money given to the parties aggrieved by any statute, within two years after the cause of any such action arose; (c) actions for rent upon an indenture of demise, actions upon a bond or other specialty, actions upon any judgment or recognizance, within twenty years after the cause of any such action arose, or the recovery of such judgment; (d) all actions grounded upon any lending, or contract, expressed or implied, without specialty, or upon any award where the submission is not by specialty, or for money levied by execution; all actions for direct injuries to real or personal property; actions for the taking away or conversion of property, goods, and chattels; actions for libel, malicious prosecution and arrest, seduction, criminal conversation; and actions for all other causes which would formerly have been brought in the form of action called trespass on the case, except as herein excepted, within six years after the cause of any such action arose. (2.) All actions of account, or for not accounting, or for items of accounts such accounts as concern the trade of merchandise between six years, only which have arisen within six merchant and merchant, their factors or servants, shall be years recoverable. commenced within six years after the cause of any such CHAP. 167. action arose; and no claim in respect to a matter which arose more than six years before the commencement of any such action, shall be enforceable by action by reason only of some other matter of claim comprised in the same account having arisen within six years next before the commencement of such action. limitation under (3.) Nothing in this section contained shall extend to any Not to alter action given by any statute when the time for bringing such any special action is by any statute specially limited. R. S., c. 112, ss. 1, 6, 7, 24. DISABILITIES AND EXCEPTIONS. statute. against plaintiff or absent from from time of 3. If any person who is entitled to any action in the Statute runs next preceding section mentioned is, at the time any such under disability cause of action accrues, within the age of twenty-one years, province only a married woman, a person of unsound mind, or out of the pro-removal or revince, then such person shall be at liberty to bring the same turn. action, so as such person commences the same within such time after his or her coming to or being of full age, discovert, of sound mind, or returned to the province, as other persons having no such impediment should, according to the provisions of this Chapter, have done. R. S., c. 112, s. 25 (part). runs against defendants are or absent, from 4.-(1.) If any person against whom there is any such Statute only cause of action is, at the time such cause of action accrues, plaintiffs where within the age of twenty-one years, a married woman, a per- under disability son of unsound mind, or out of the province, then the person time of removal entitled to any such cause of action shall be at liberty to or return. bring the same against such person within such times, after his or her coming to or being of full age, discovert, of sound mind, or returned to the province, as are before limited. debtors, statute under disability or absent. (2.) Provided that where the cause of action lies against Where joint two or more joint debtors, the person who is entitled to runs against any the same shall not be entitled to any time within which to commence such action against any one of the joint debtors who was within the province at the time such cause of action accrued, by reason only that some other of the joint debtors was, at the time such cause of action accrued, out of the province. commenced after turn, notwith (3.) The person so entitled, as aforesaid, shall not be Action may be barred from commencing an 'action against the joint removal or redebtor who was out of the province at the time the cause standing judg of action accrued, after his return to the province, by reason only that judgment has been already recovered joint debtor. against the joint debtor who was within the province at the time aforesaid. R. S., c. 112, ss. 8. 9, 25 (part.) ment has been entered against CHAP. 167. A promise, to of the statute, ing. Actions on WRITTEN PROMISES AND ACKNOWLEDGMENTS. 5.——(1.) In any action grounded upon simple contract, take a case out no acknowledgment or promise by words only shall be must be in writ deemed sufficient evidence of a new or continuing contract, simple contract. whereby to take any case out of the operation of the preceding sections of this Chapter, or to deprive any person of the benefit thereof, unless such acknowledgment or promise is made or contained by or in some writing signed by the party chargeable thereby, or his agent duly authorized to make such acknowledgment or promise. Case of joint contractors or executors, one not to lose bene written pron ise (2.) Where there are two or more joint contractors, or executors, or administrators of any such contractor, no such fit of statute in joint contractor, executor, or administrator shall lose the consequence of benefit of the preceding sections of this Chapter by reason or payment by only of any written acknowledgment or promise made and signed by any other of them, or by the agent of any other of them, or by reason only of any payment of any principal or interest made by any other of them. another. But recoverymay he had against one making promise, &c. (3.) In any action against two or more joint contractors, or executors, or administrators, if it appears at the trial or otherwise that the plaintiff, though barred by such sections as to one or more of such joint contractors, or executors, or administrators, is nevertheless entitled to recover against any other defendant, by virtue of a new acknowledgment or promise, or otherwise, judgment may be given and costs allowed for the plaintiff, as to such defendant against whom he recovers, and for the other defendant against the plaintiff. (4.) Except as aforesaid, nothing in this section contion to lessen the tained shall alter or take away, or lessen the effect of, any payment of any principal or interest made by any person whomsoever. R. S.. c. 112, s. 2. Nothing in sec effect of payment of principal or interest. not set up non Defendant can- 6. If any defendant in an action on a simple contract, joinder of an. pleads any matter to the effect that any other person ought if remedy against to be jointly sued, or makes any application grounded upon latter is barred such contention, and it appears that the action could not, by this Chapter. by reason of this Chapter, be maintained against such person, such pleading or application shall be dismissed. R. S., c. 112, s. 3. Effect of written acknowledgment actions upon ance, may be set 7. If any acknowledgment has been made, either by or payment in Writing signed by the party, liable by virtue of an indenture, speci. indenture, or by virtue of any specialty or recognizance, alty, or recognize or his agent, or by part payment, or part satisfaction on up in reply. account of any principal or interest being then due thereon, the person entitled may bring an action for the money remaining unpaid, and so acknowledged to be due, within twenty years after such acknowledgment by writing, or part payment, or part satisfaction, as aforesaid; or in case the person entitled to such action is, at the time of the CHAP. 167. acknowledgment, under disability as aforesaid, or the party making the acknowledgment is, at the time of making the same, out of the province, then within twenty years after such disability has ceased, as aforesaid, or the party has returned to the province, as the case may be; and the plaintiff in any such action on any indenture, specialty, or recognizance may, by way of reply, state such acknowledgment, and that such action was brought within the time aforesaid to answer to a pleading setting up this Chapter. R. S., c. 112, s. 26. payee not evi 8. No indorsement or memorandum of any payment, Indorsement by written or made upon any promissory note, bill of exchange, dence. or other writing, by or on behalf of the party to whom such payment was made, shall be deemed sufficient proof of such payment, so as to take the case out of the operation of this Chapter. R. S., c. 112, s. 4. LAND AND RENT. to be recovered ty years after tion accrued 9. No person shall make an entry or distress, or bring No land or rent an action to recover any land or rent, but within twenty but within twen years next after the time at which the right to make such the right of acentry or distress or to bring such action first accrued to some person through whom he claims, or if such right did not accrue to any person through whom he claims, then within twenty years next after the time at which the right to make such entry or distress, or to bring such action, first accrued to the person making or bringing the same. R. S., c. 112, s. 11. shall be deemed 10. In the construction of this Chapter the right to when the right make an entry or distress, or bring an action to recover to have first any land or rent, shall be deemed to have first accrued at such time as hereinafter is mentioned, that is to say: accrued. (a) where the person claiming such land or rent, or On dispossession. (b) where the person claiming such land or rent on death. person who continued in such possession or receipt CHAP. 167. On alienation. In case of reversion or future estates. In case of forfeiture or breach of condition. In the case of tenant at will the right shall be deemed to have accrued at termination of tenancy, or one year from commencement of tenancy. After a tenancy from year to year right deem time of his death, and was the last person entitled to such estate or interest who was in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death; (c) where the person claiming such land or rent claims in respect to an estate or interest in possession granted, appointed, or otherwise assured by any instrument (other than a will) to him, or some person through whom he claims, by a person being in respect to the same estate, or interest, in the possession or receipt of the profits of the land, or in receipt of the rent, and no person entitled under such instrument has been in such possession or receipt, then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid, or the person through whom he claims, became entitled to such possession or receipt by virtue of such instrument; (d) where the estate or interest claimed is an estate or interest in reversion or remainder, or other future estate or interest, and no person has obtained the possession or receipt of the profits of such land, or the receipt of such rent in respect to such estate or interest, then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession; (e) where the person claiming such land or rent, or the person through whom he claims, has become entitled by reason of any forfeiture or breach of condition, then such right shall be deemed to have first accrued when such forfeiture was incurred, or such condition was broken. (f) Where any person is in possession or in receipt of the profits of any land, or in receipt of any rent as tenant at will, the right of the person entitled subject thereto, or the person through whom he claims, to make an entry, or distress, or bring an action to recover such land or rent, shall be deemed to have first accrued either at the determination of such tenancy, or at the expiration of one year next after the commencement of such tenancy, at which time such tenancy shall be deemed to have determined: Provided always that no mortgagor or cestui que trust shall be deemed to be a tenant at will, within the meaning of this paragraph, to his mortgagee or trustee : (g) where any person is in possession or receipt of |