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Actions of trespass for assault, battery, wounding, and imprisonment, shall be commenced within two years next after the cause of action accrued.
Actions on the case for words shall be commenced within one year, and for malicious prosecution shall be commenced within two years.
Every action of debt, or covenant for rent, or arrearages of rent, founded upon any lease under seal, and of debt or covenant, founded upon any single or penal bill, promissory note, or writing obligatory for the direct payment of money, or the delivery of property, or the performance of covenants, or upon any award under the hands and seals of arbitrators for the payment of money only, shall be commenced within sixteen years after the cause of action accrued, and when any payment has been made upon such instrument, then within sixteen years from the time of such payment.
Judgments of any Court of Record of the State may be revived by action of scire facias, or action of debt, within twenty years after the rendition of the same.
Right of entry and actions to recover lands are barred by the lapse of twenty years.
Infants, married women, persons insane and absent from this State, may make such entry and bring such actions within the times respectively limited, after the removal of their disability.
The absence of a defendant from the State is not to be computed in the limitation.
LIMITATION OF ACTIONS FOR THE RECOVERY OF REAL ESTATE. The Statutes provide, that no person having any right of entry into any lands, tenements, or hereditaments, shall make an entry therein but within twenty years after such right shall have accrued, and that such person shall be barred from any entry afterwards. (R. S. 349, Sec. 6.)
That every real, possessory, ancestral, or mixed action, or writ of right, brought for the recovery of any lands, tenements, or hereditaments, shall be brought within twenty years next after the right or title thereto, or cause of such action accrued, and not after. (R. S., Sec. 7.)
That every real, possessory, ancestral, or mixed action, or writ of right, brought for the recovery of any lands, tenements, or hereditaments, of which any person may be possessed by actual residence thereon, ha connected title in law or equity deducible of record, from this State or the United States, or from any public officer or other person authorized by the laws of this State to sell such land for the nonpayment of taxes, or from any sheriff, marshal, or other person authorized to sell such land on execution, or under any order, judgment, or decree of any Court of Record, shall be brought within seven years next after possession being taken as aforesaid, but when the possessor shall acquire such title after taking such possession, the limitation shall begin to run from the time of acquiring title. (R. S., Sec. 8.)
But possession to bar such rights, actions, and suits, must have been continued in manner aforesaid for the term of seven years next preceding the time of asserting the right of entry, or the commencement of any suit or action. (R. S., Sec. 9.)
No person who has, or may have, any right of entry into any lands, tenements, or hereditaments, of which any person may be possessed by actual residence thereon, having a connected title in law or equity deducible of record from this State or the United States, or from any public officer or other person authorized by the laws of this state to sell such lands for the nonpayment of taxes, or from any sheriff, marshal, or other person authorized to sell such land on execution, or under any order, judgment, or decree of any Court of Record, shall make any entry therein, except within seven years from the time of such possession being taken; but when the possessor shall acquire such title after the time of taking such possession, the limitation shall begin to run from the time of acquiring title.
In all the foregoing cases, in which the person or persons who shall have any right of entry, title, or cause of action, shall be, at the time of such right of entry, title, or cause of action, under the age of twenty-one years, insane, or femme covert, such person or persons may make such entry, or institute such action, so that the same may be done within such time as is within the time limited, after his or her becoming of full age, sane, or femme sole.
EXEMPTIONS. The necessary wearing apparel of every person shall be exempt from sale on execution, writ of attachment, or distress for rent.
The following property, when owned by any person being the head of a family and residing with the same, shall be exempt from levy and sale on any execution, writ of attachment, or distress for rent, and such articles of property shall continue so exempt while the family of such person, or any of them, are removing from one place of residence to another in this State, viz. :
1. Necessary beds, bedsteads, and bedding, the necessary utensils for cooking, necessary household furniture, not exceeding in value fifteen dollars, one pair of cards, two spinning wheels, one weaving loom and appendage, one stove, and the necessary pipe therefor, being in use, or put up for ready use, in any house occupied by such family.
2. One milch cow and calf, two sheep for each member of the family, and the fleecos of two sheep for each member of the family, which may have been purchased by any debtor not owning sheep, and the yarn and cloth that may be manufactured from the same, and sixty dollars' worth of property suited to his or her condition or occupation in life, to be selected by the debtor.
3. The necessary provisions and fuel for the use of the family for three months, and necessary food for the stock hereinbefore exempted from sale, or that may be held under the provisions of this act.
When any lot not exceeding ten acres shall be appropriated and used as a burying ground, and shall be recorded as such in the Recorder's office of the county, it shall be exempt from all taxes, and when sold in lots for burying the dead, the said lots shall not be subject to execution or attachment; provided, that no person shall hold more than one-eighth of an acre exempt from execution.
When, in any case, the head of a family dies, deserts, or ceases to reside with the same, the said family shall be entitled to retain the property above exempted free from levy and sale on execution.
In cases of fines for assault, assault and battery, and frays, the property of the party, having a family, reserved from execution, is one bed and bedding, one cow, and ten dollars' worth of household kitchen furniture.
In addition to the property now exempt by law from sale under execution, there shall be exempt from levy and forced sale, under the process or order from any court of law or equity in this State, for debts contracted from and after the fourth day of July, 1851, the lot of ground and the buildings thereon, occupied as a residence and owned by the debtor, being a householder and having a family, to the value of one thousand dollars. Such exemption shall continue after the death of such householder for the benefit of the widow and family, some or one of them continuing to occupy such homestead until the youngest child shall become twenty-one years of age, and until the death of such widow, and no release or waiver of such exemption shall be valid, unless the same shall be in writing, subscribed by such householder, and acknowledged in the same manner as conveyances of real estate are by law required to be acknowledged.
No property shall, by virtue of this act, be exempt from sale for nonpayment of taxes on assessments, or for a debt or liability incurred for the purchase or improvement thereof, or prior to the recording of the aforesaid conveyance or notice.
If, in the opinion of the creditors or officer holding an execution against such householder, the premises claimed by him or her as exempt, are worth more than one thousand dollars, such officer shall summon six qualified jurors of bis county, who shall, upon oath, to be administered to them by the officer, appraise said premises, and if, in their opinion, the property may be divided without injury to the parties, they shall set off so much of said premises, including the dwelling-house, as in their opinion shall be worth one thousand dollars, and the residue of said premises be advertised and sold by such officer.
In case such surplus, or the amount due on said execution, shall not be paid within the said sixty days, it shall be lawful for the officer to advertise and sell the said premises, and out of the proceeds of such sale to pay to such execution debtor the said sum of one thousand dollars, which shall be exempt from execution for one year thereafter, and apply the balance on such execution; provided, that no sale shall be made unless a greater sum than one thousand dollars shall be bid therefor, in which case the officer may return the execution for want of property.
The costs and expenses of setting off such property, as provided herein, shall be charged and included in the officer's bill of costs upon such execution.
Boats and vessels of all descriptions, built, repaired, or equipped, or running apon any of the navigable waters within the jurisdiction of this State, shall be liable for all debts contracted by the owner or owners, masters, supercargoes, or consignees thereof, on account of all work done, supplies or materials furnished by mechanics, tradesmen, and others, for or on account of the building, repairing, furnishing or equipping such boats and vessels, and such debts shall have the preference of all other debts due from the owners or proprietors, except the wages of mariners, boatmen, and others, employed in the service of such boat and vessels, which shall be first paid.
All engineers, pilots, mariners, boatmen, and others, employed in any capacity in or about the service of any such boat or vessel, who may be entitled to arrearages of wages in consequence of such service, shall have a lien as above. No creditor shall be allowed to enforce the lien created as specified, unless such lien be enforced within three months after the indebtedness accrues.
All judgments rendered in any court of record for any debt, or damages, costs, or other sum of money, shall cease to be a lien upon the lands, tenements, and real estate of the persons against whom it is rendered, after the lapse of seven years.
The time during which any person in whose favor any such judgment shall have been entered, shall be restrained by injunction out of chancery, or order of any judge or court, from issuing execution or selling thereon, shall not be deemed as part of the seven years.
Every landlord shall have a lien upon the crops growing or grown upon demised premises, in any year, for rent that shall accrue for such year.
Any person who shall furnish labor or materials toward the erecting or repairing any building, or the appurtenances of any building, shall have a lien upon the same, and upon the land on which such building stands, for the amount due him for such labor or materials, whether the kind or quantity of work or amount to be paid be specified or not, provided the time of completing the contract be not extended beyond the period of three years, nor the time of payment beyond the period of one year from the time stipulated for the completion thereof.
Persons furnishing labor or materials in repairing or erecting any building, in order to enforce their lién as above stated, must bring suit within six months from the time that the last payment should have been made.
CHATTEL MORTGAGES. No mortgage on personal property hereafter executed shall be valid as against the rights and interests of third persons, unless possession of the property shall be delivered to and remain with the mortgagee, or the said mortgage be acknowledged and recorded in the office of the recorder of the county in which the mortgagor shall reside.
Any mortgagor must first acknowledge before any justice of the peace, in the justice's district in which he may reside, such mortgage, and the said justice must certify to such acknowledgement, and enter the same upon his docket.
It shall then be valid for two years, provided that such mortgage shall provide for the possession of the property so to remain with the mortgagor.
CONTRACTS. No action shall be brought whereby to charge any executor or administrator upon any special promise to answer any debt or damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, or to charge any person upon any agreement made upon any consideration of marriage, or upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them for a longer term than one year, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
COLLECTION OF DEBTS.
When any debtor shall refuse to surrender his estate, lands, goods, or chattels, for the satisfaction of any execution which may be issued against the property of any such debtor, it shall and may be lawful for the plaintiff or his attorney or agent to make affidavit of such fact before any justice of the peace of the county, and upon filing such affidavit with the clerk of the court from which the execution issued, or with the justice of the peace who issued such execution, it shall be lawful for such clerk or justice of the peace, as the case may be, to issue a capias ad satisfaciendum against the body of such defendant in execution.
In all actions to be commenced in any court of record in the state, founded on any specialty, judgment, or contract, in which the plaintiff or other credible person can ascertain the sum due or damages sustained, and will