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Sect. 1. Enacts, That no person shall make entry into Lands, &c. but within twenty years after his right or title first descended or accrued. Nor shall any person have any writ of right, or any action, real, personal or mixed, for, or make any prescription to or in any lands, &c. but only upon an actual seisin or possession of himself, his ancestor or predecessor, within twenty years next before suit brought. "Provided nevertheless that any person or persons now having right or title of entry, and the heirs of such person or persons, may, within ten years from this time proceed as might have been done heretofore: And Provided also, That if any person having right or title of entry, was and now is, or if any person hereafter having right or title of entry, shall be at the time of such right or title first descended or accrued, an infant, feme covert, non compos mentis, or a prisoner, then, but in no other case whatever, except as before provided, such person, or the heirs of such person, may within ten years next after the removal of such disability, but not afterwards, proceed, notwithstanding the said twenty years be expired, as might have been done before the same were expired; and if any such person shall die under any of the disabilities aforesaid, the heirs of such person shall have the like benefit that such person might have had by living till the disability had ceased."

Sect. 2. Repeals parts of two former acts.

Act of 2nd February, 1811. (4th Vol. 459. 463, Ch. 158.)

Sect. 22. Repeals all savings in favour of persons beyond sea, or out of the state, and enacts, that they shall bring their actions within the same times as other persons for whom no saving is given.

Sect. 27. Limits the time of appeal from any interlocutory order or final decree of the Chancellor to one year, "unless the person entitled to such appeal, be an infant, feme covert, non compos mentis, or a prisoner."

"Act concerning forcible entries and detainers," &c. passed February 2, 1827, limits proceedings upon a complaint of forcible entry, to one year. (Sect. 2.)

GEORGIA.

Limitation of all suits for real estate, and for entry on lands, seven years after title and cause of action shall accrue.

Proviso, Saving the rights of infants, femes covert, persons non compos, imprisoned and beyond seas.

Limitations in personal actions, are, on bonds under seal twenty years; on other acknowledgments not under seal, six years; open accounts, four years; trespass quare clausum fregit, three years; trespass, assault and battery, two years; slander, & qui tam actions, six months.

Proviso, The same savings as in the case of lands.

ILLINOIS.

(First Session, Third General Assembly; Act of February 18, 1823.)

Limitation of "action of ejectment, writ of right, or other action for the recovery of any lands," &c., and of any avowry or cognizance thereof, ten years.

Proviso, Saving to infants, femes covert, persons insane, or imprisoned, their right, so as they or their heirs commence their actions within five years after disability removed.

In case of disseisin, descent cast, will not toll right of entry without ten years peaceable possession. (Second Session, First General Assembly; Act of March 22d, 1819.)

Sect. 8. Limitation of personal actions; Trespass quare clausum fregit; Trespass, Detinue, Trover; Replevin for taking away goods and chattels; Actions of account and upon the case, (except merchants' accounts) Actions of debt grounded upon any lending or contract without specialty; and all actions of debt for arrearages of rent; five years, (except actions upon the case for slander.) Actions of trespass for assault, battery, wounding, imprisonment, or any of them, three years.

Actions of slander for words spoken, one year.

Sect. 28. Limitations of writs of error, five years; But where the party aggrieved by any decree of judgment shall be an infant, femme covert, non compos mentis, or imprisoned when the same was passed, the time of such disability, shall be excluded from the computation of, the said five years.

There are no other savings in this statute.

INDIANA.

No statutory provision on the subject of real actions.

Limitation in action of ejectment, twenty years.

Limitation of personal actions; debts by specialty stand as at common law; Trover; Assumpsit; Detinue; Replevin; Trespass quare clausum fregit; Actions on the case; Debt; Account; five years after the cause of action accrued: Trespass; Assault; Wounding, and Imprisonment, three years; Slander for words spoken, one year.

KENTUCKY.

Limitation of Writs of Right upon the seisin or possession of the ancestor or predecessor of the demandant, fifty years.

Any other possessory action upon the possession or scisin of the ancestor or predecessor of demandant, forty years.

Any real action upon the demandant's own possession or seisin, thirty years.

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And there are no savings in favour of infants or any others. Limitations of writs of Formedon in descender, Remainder, or Reverter, twenty years.

Of Entry into Lands, twenty years.

Proviso, Saving the right of infants, femes covert, persons non compos mentis, or imprisoned, and their heirs; so as they bring and maintain their action, or make their entry within ten years next after such disabilities removed, or the death of the person so disabled. (Persons "not within this commonwealth," were also originally included in the saving, until the Act of January 22, 1814.)

An act passed February 9, 1809, commonly called the "ten years' act," bars claims after ten years, where the claim is set up under or by an adverse interfering entry, survey, or patent, against one who had actually settled thereon (the premises) before the passage of the act, and to which at the time of settlement such person had a connected title in Law or Equity deducible from the commonwealth. And where such title is acquired after the settlement made, the limitation is to run from the time of such acquirement and where possession acquired as above, has been transmitted by sale or other legal act of conveyance, the purchaser, &c., is entitled to the same benefit of the act to which the yendor was entitled.

Exceptions. This act shall not extend to infants, feme covert, or to persons of unsound mind; nor to persons out of the United States, in the service of the United States or this State; but such persons have seven years within which to sue after the disability removed, or after the expiration of their employments beyond the limits of the United States; and where the limitation shall have begun to run, and the right or title shall by the Act of God or the operation of law, be cast upon any person within the time of such disabilities and exceptions, the time of such disability or privilege shall not be computed as part of the Limitation.

By an act of January 22, 1814, it is declared, that persons whose causes of action accrue while they are out of this commonwealth, shall by the Courts of the same in every description of action relating to the title or possession of Land, be considered in the same light and no other or better than the citizens of this commonwealth.

And that femes covert, upon whom lands have descended or to whom they shall have been devised by will during coverture, and in no other case, shall be allowed three years only after discoverture: And infants, and persons non compos mentis, only three years, after the disabilities removed.

Limitation of personal actions :

1. Actions on the case (other than for slander ;) of account;

(other than such accounts as concern the trade of merchandi9 between merchant and merchant, their factors and servants;) for debt, grounded upon any lending or contract without specialty; of Debt for arrearages of rent; of Trespass; of Detinue; of Replevin for goods and chattels; and of Trespass quare clausum fregit, five years.

2. Actions of Trespass for assault, battery, wounding or imprisonment, three years.

3. Actions upon the case for words, one year.

4. Actions founded upon account for goods, &c. sold and delivered, or for any article charged in any store account, within 12 months after the cause of action or delivery of the articles; but if the creditor or debtor die within that time, then twelve months from the death of either.

Proviso; Persons within the age of twenty one years, femes covert, non compos mentis, or imprisoned when the cause of action accrues, may bring their actions within the times before limited, after their respective disabilities removed. Persons out of the Commonwealth were formerly within the savings of this Proviso, until the Act of 1st December, 1823, passed at the First Session of the Thirty second General Assembly, Chap. 572.

And if any Defendant, to any of the aforesaid actions, absconds or conceals himself, or by removal out of the country or county where he resides where such cause of action accrues, or by any other indirect ways or means, defeats or obstructs any person bav. ing title thereto from bringing or maintaining such action within the time limited, he shall not be permitted to plead this Act in bar.

If judgment be reversed for error, or arrested after verdict, the action may be renewed by the Plaintiff, his heirs, &c. from time to time within one year afterwards.

The time between April 12, 1774, and April 12, 1778; and between January 1, 1781, and January 1, 1782; and between May 5, 1783, and October 20, 1783, are not to be accounted in any case as part of the period of Limitations.

LOUISIANA.

This state has properly speaking no Statute of Limitations; the law of "prescription" in use in this State is derived from the civil Law and differs from the English and American Statutes in this; that while those Statutes only bar the remedy of the true owner, without extinguishing his right; the law of prescription of Louisiana, bars both remedy and right; and moreover vests a right in the occupant, however wrongfully his possession may have been acquired. The following extracts from the "civil code of the State of Louisiana” indicate the difference between it and

the several Statutes of Limitations in force in this country, and in Great Britain.

TITLE 23, CHAPTER 2.

"Art. 3414. The possessor in good faith is he who has just reason to believe himself the master of the thing which he possesses, although he may not be in fact, as happens to him who buys a thing which he supposes to belong to the person selling it to him, but which in fact belongs to another."

"Art. 3415. The possessor in bad faith is he who possesses as master, but who assumes this quality, when he well knows that he has no title to the thing, or that his title is vicious and defective."

TITLE 23, CHAPTER 3, SECTION 1.

"Art. 3420. Prescription is a manner of acquiring property, or discharging debts, by the effect of time, and under the conditions regulated by law.

Each of these prescriptions has its special and particular definitions.

"Art. 3421. The prescription, by which property is acquired, is a right by which a mere possessor acquires the property of a thing which he possesses, by the continuance of his possession during the time fixed by law."

"Art. 3422. The prescription by which debts are released, is a peremptory and perpetual bar to every species of action, real or personal, when the creditor has been silent for a certain time without urging his claim."

TITLE 23, CHAPTER 3, SECTION 2.

"Art. 3435. The time necessary to prescribe for property, is different, whether the property be immoveable, slaves or moveable.

"Art. 3436. The property of immovcables and slaves is acquired by a longer or shorter time, according as the possessor has been in good or bad faith, as laid down in the following paragraph.

"Art. 3437. Immoveables are prescribed for by ten years between persons present, and twenty years between absentees, when the possessor has been in good faith, and held by a just title during that time.

"Art. 3433. The same species of property is prescribed for by thirty years without any title on the part of the, possessor, or whether he be in good faith or not.

"Art. 3439. The property of slaves is prescribed for by half the time requisite for the prescription of immoveables.

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