and replevin, six years. Debt other than the preceding and covenant, twenty years. In case of persons under disabilities, the limitation begins to run from the removal of the same. Actions against executors, etc., except for funeral charges, etc., cannot be brought for six months after first publication of notice of appointment, and must be brought within two years. Limitation does not run in favor of a defendant during absence from the State unless he leave attachable property within the State.

SOUTH CAROLINA.

Real actions, ten years. Judgments and sealed instruments, other than sealed notes and bonds for the payment of money only, not secured by mortgage, twenty years. Other contracts, statutory liabilities except forfeitures and penalties, trespass on real estate, trover, detinue, and replevin, criminal conversation, or any other injury to the person or rights of another not arising on contract, relief from fraud, and actions 'for wrongful acts causing death, six years. Actions against sheriffs, etc., except for escapes, and actions for penalties and forfeitures, three years. Libel, slander, assault, battery, false imprisonment, and penalties and forfeitures to State, two years. Actions against officers for an escape, one year; other actions for relief, ten years. In actions of account, the limitation begins to run from the last item proved on either side. Persons under disabilities may bring action for recovery of real estate within five years after the removal of the same, provided the time is not extended more than ten years; in other cases within one year of such removal, but not to extend time more than five years. Period of defendant's absence from the State, if more than one year, is not included.

SOUTH DAKOTA.

Real actions and actions on judgments rendered in the State, and on sealed instruments, twenty years. Other judgments, ten years. Foreclosure of mortgage, fifteen years. Actions on other contracts, express or implied, statutory liabilities other than penalties or forfeitures, trespass on real property, taking, detaining, or injuring personal property, or recovering same, criminal conversation, or other injury to rights of others not arising on contract, relief on ground of fraud, six years. Actions against sheriffs, etc., except for escape, and for penalties and forfeitures, three years. Libel, slander, assault and battery and false imprisonment, two years. Actions against sheriff for escape, one year. Other actions, ten years. Limitation does not run against person out of State. Persons under disability may bring action within the time limited after removal of such disability; but in no case shall the period be extended more than ten years in real actions, or five years in personal actions, except in case the disability be infancy.

TENNESSEE.

Real actions, seven years. Actions against guardians, executors, administrators, sheriffs, clerks, and other public officers, on their official bonds, judgments, mortgages, and all other cases not expressly provided for, ten

years. Actions against the sureties of guardians, executors, adminis trators, sheriffs, clerks, and other public officers, and actions for rent, and for use and occupation of land, and on other contracts not mentioned, six years. Injuries to real or personal property, detinue, and trover, three years. Libel, injuries to person, false imprisonment, malicious prosecution, seduction, breach of promise, and statutory penalties, one year. Slander, six months. A new action may be begun within one year after the reversal or arrest of judgment in the original. Persons under disabilities may bring action within three years after removal of the same, unless the limitation is less than three years, in which case action must be brought within the time limited after such removal. Actions by a resident of the State against an executor, etc., must be brought within two years and six months after his appointment, by a non-resident within three years and six months. Period of defendant's absence from the State is not included. Actions barred by the laws of the State where they accrued are barred here.

TEXAS.

Real actions, against one in possession under color of title, three years. Five years' peaceable possession of real estate, cultivating and using the same, paying taxes thereon, and claiming under registered deed, not forged, gives good title. Ten years' peaceable possession, cultivation, and enjoyment, without evidence of title, gives full title to one hundred and sixty acres, and to all beyond in actual possession. Judgments, ten years. Debt on written contract, by copartners for settlement of partnership accounts, mutual current accounts between merchants, suits for specific performance of agreement to convey land, and all other causes of action not specially enumerated, four years. Injuries to the person or property of another, conversion or detention of personal property, forcible entry and detainer of real estate, actions on open accounts except between merchants, and contracts not in writing, two years. Injuries to character or reputation, and breach of promise, one year. Limitation does not run against persons under disability. Power of sale in mortgage expires in four years after maturity.

UTAH.

Real actions, seven years. In case of disability, two years after the removal thereof. Judgments, eight years. Contracts or obligations in writing, and actions for mesne profits of land, six years. Contracts not in writing, and open accounts for goods, four years. Trespass on real estate, taking, detaining or injuring personal property, and relief on the ground of fraud, dating from the discovery thereof, three years. Actions against sheriffs, etc., and actions for death caused by wrongful act or neglect, two years. Statutory penalties and forfeitures, libel, slander, assault and battery, or false imprisonment, and actions against municipal corporation for damages caused by mob or riot, one year. Period of defendant's absence from the State is not included. New acknowledgment or promise must be in writing. Persons under a disability may bring actions within two years after removal.

VERMONT.

Real actions, fifteen years. Witnessed promissory notes, fourteen years. Judgments of courts of record, specialties, and covenants except of seizin, eight years. Debt on any contract, obligation, or liability, not under seal, or on judgments of courts not of record, debt for rent, actions of account, assumpsit, or case founded on any contract or liability, trespass on land, replevin, actions for taking, detaining or injuring goods and chattels, and actions on the case, except libel and slander, six years. Action against sheriff for act of deputy, four years. Assault and battery, and false imprisonment, libel, slander, damages for bodily hurt, or injury to personal property, three years. Executors and administrators may bring actions which survive, two years after death of the party entitled. Time of absence from the State without known attachable property in the State is not computed in the limitation. Limitations in case of persons under disabilities begin to run from the removal of the same. New promise must be in writing, and signed.

VIRGINIA.

Land east of the Alleghanies, fifteen years; west of the Alleghanies, ten years. Judgments where there is officer's return on execution, twenty years; when none, ten years; judgments of other States, ten years. Contracts in writing under seal, ten years; not under seal, five years. All other contracts, three years. Bonds of indemnity, bonds of executors, administrators, curators, committees, guardians, sheriffs, clerks, sergeants, or other fiduciary or public officers, ten years. Recognizance of bail in civil suit, three years after right to sue out execution has accrued, omitting period of suspension by injunction or other legal process; other recognizance, ten years. Actions for personal injury or death, one year. Actions between partners for settlement, and accounts concerning the trade of merchandise between merchant and merchant, five years from cessation of dealings. All other personal actions, five years. Acknowledgment of a debt must be in writing. Persons under disabilities may bring actions within the time limited after the removal of their disabilities, provided it be within twenty years from the original accrual of the right. Actions failing by abatement, arrest, or reversal of judgment, may be brought again within one year. The time of limitation does not run in favor of persons who are absent from the State.

WASHINGTON.

Real actions, ten years. Judgments, contracts in writing, actions for rents and profits or use and occupation of real estate, six years. Actions by an heir or assign, or by a ward or one claiming under him, for the recovery of land sold by an executor, administrator, or guardian as the case may be, five years; except that such action may be brought within three years after removal of disability of ward. Waste or trespass upon real estate, actions for taking, detaining, or injuring personal property, or for the specific recovery thereof; or for injury to the person or rights of another, not specially enumerated, contracts not in writing, relief on

ground of fraud, actions against sheriffs, etc., except for escape, statute penalties and forfeitures to party aggrieved, seduction, and breach of promise of marriage, three years. Libel, slander, assault and battery, false imprisonment, and penalties to the State, two years. Action against officer for escape, and against executors or administrators, one year. On a claim rejected by executor or administrator, three months. Limitation does not run against parties under disability, until after the removal of the same. Causes of action arising in another State or Territory, between nonresidents of this State and barred by law there, barred here also. New acknowledgment of promise must be in writing.

WEST VIRGINIA.

Real actions, ten years; persons under disabilities, five years after the removal of the same, provided the whole limitation is not more than twenty years. Indemnity bonds, bonds of executors, administrators, guardians, sheriffs, or other public officers, and other instruments under seal, awards and contracts in writing not under seal, ten years. Other contracts, five years. Partnership accounts and accounts between merchant and merchant, five years from last dealings. Actions on recognizances other than bail in a civil suit, and judgments, ten years. Recognizance of bail in civil suit, three years. All other actions, five years. Actions on judgments barred where rendered are barred here; and actions on contracts made to be performed in another State and barred there, are barred here also. Limitation does not run in favor of a resident of the State during his absence therefrom or while absconding or concealing himself. New acknowledgment or promise must be in writing.

WISCONSIN.

Real actions, twenty years; persons under disabilities, five years after removal of the same. An adverse possession of ten years under claim of title under written instrument or judgment is in certain cases a bar. Judgments of courts of record of the State of Wisconsin or of the United States sitting in the State, and sealed instruments, when the cause of action accrues within the State, twenty years. Judgments of other courts of record and sealed instruments accruing without the State, and actions for damages for flowing land, ten years. Other contracts, obligations, or liabilities, including actions on municipal bonds and coupons, judgments of courts not of record, statutory liabilities other than penalties or forfeitures, injury to property, real or personal, injury to person, character, or rights not arising on contract and otherwise provided for, and actions for recovery of personal property or damages for taking or detention of same, and actions for relief on ground of fraud, six years. Actions against sheriffs, coroners and constables, for acts done in their official capacity, except for escapes, three years. Statutory penalties, and forfeitures, libel, slander, assault, battery, false imprisonment, and action for negligently or wrongfully causing the death of another, two years. Actions against sheriffs, etc., for escapes, and actions for damages for seduction or alienation of affections, one year. In actions for damages for injury to person, notice

must be given within two years. Action against bank for paying forged check one year after return of check to depositor. Persons under disabilities, except infants, may bring action after the disability ceases, provided the period is not extended more than five years, and infants one year after coming of age; actions by representatives of deceased persons, one year from death; against the same, one year from granting letters testamentary or of administration. New promise must be in writing. The time of limitation does not run in favor of persons absent from the State.

WYOMING.

Real actions, ten years. Bonds of executors, administrators, guardians, sheriffs, and other officers, all bonds required by statute, and causes of action not specially enumerated, ten years. Specialties and contracts in writing, ten years. Contracts not in writing, and statutory liabilities other than forfeiture or penalty, eight years; but on all foreign claims, judgments, or contracts contracted or incurred before the debtor became a resident of the State, actions must be commenced within five years after he establishes his residence in the State. Trespass on real estate, actions for taking, detaining, or injuring personal property, or for the specific recovery of the same, action for injury to plaintiff's rights not arising on contract, or for relief on ground of fraud and those not otherwise provided for, four years. Libel, slander, assault and battery, malicious prosecution, false imprisonment, or statutory penalty or forfeiture, one year. Limitations in personal actions do not run against persons under disabilities until after the removal of the same. Time of defendant's absence from the State or absconding or concealment is not reckoned. Actions on causes arising out of the State between non-residents and barred there, cannot be maintained here. New acknowledgment or promise must be in writing.

CHAPTER XXIV.

INTEREST AND USURY.

SECTION I.

WHAT INTEREST IS, AND WHEN IT IS DUE.

INTEREST means a payment of money for the use of money. In most civilized countries the law regulates this; that is, it declares how much money may be paid or received for the use of money; and this is called legal interest; and if more is paid or agreed to be paid than is thus allowed, it is called usurious