R. S. 118, § 36. made the seizure, with sufficient surety in double the value of the goods, conditioned to restore them or pay the appraised value thereof if they are decreed forfeited, and to abide by and perform the final order, decree, or judgment, of the court relating thereto. Goods to be appraised. R. S. 118, § 37. Same subject. R. S. 118, § 38. Appraisement conclusive as to jurisdiction. SECT. 18. The value of the goods in such case shall be appraised and determined by three disinterested men, to be agreed on by the parties or appointed by any justice of the peace to whom the claimant applies for that purpose, and to be sworn; or if the appraisement is made after the libel is filed, the appraisers shall be appointed by the court or justice before whom the suit is pending. SECT. 19. The person making the seizure, as soon as may be thereafter, unless an application for an appraisement is in the mean time made by a claimant, shall apply to a justice of the peace, who shall appoint three disinterested men to make an inventory and appraisement of the goods seized. Such appraisers shall be sworn, and shall return their inventory and appraisement to the court or justice before whom the suit is brought. SECT. 20. The appraisement thus made on the application of the person who made the seizure, shall be conclusive as to the jurisdiction R. S. 118, § 39. of the court before which the suit is to be brought, unless before filing the libel a different appraisement is made upon the application of a claimant in the manner before provided; in which case such last-mentioned appraisement shall be conclusive in that respect. SECT. 21. When goods so seized are perishable and liable to depre ciate in value by keeping, and the fact is certified by the appraisers appointed on the application of the person making the seizure, any justice of the peace, or police court, may by an order indorsed on the inventory, authorize a sale by auction of such perishable goods, which sale shall be made at such time and with such notice as shall be directed in the order. SECT. 22. The preceding section shall not control or affect the power of the court in which the suit is pending to order a sale of the goods for any sufficient cause at any time during the pendency of the suit. TITLE V. OF THE LIMITATION OF ACTIONS. CHAPTER 154. Of the Limitation of Real Actions and Rights of Entry. CHAPTER 154. OF THE LIMITATION OF REAL ACTIONS AND RIGHTS OF ENTRY. SECTION 1. No action, &c., after twenty years, except, 2. Right first accruing to an ancestor, how SECTION 3. Time when the limitation begins to run. 4. Limitation after disseisin of a sole corporation. 5. Exceptions for certain disabilities. SECTION 6. Death of persons under disabilities. 7. No allowance for second disability. 9, 10. Estates tail barred like estates in fee. SECTION 13. Descent, &c., not to bar right. 14. Notice to prevent an easement to be deemed 15. On reversal or arrest of judgment, &c., new R. S. 119, § 1. SECTION 1. No person shall commence an action for the recovery of Actions within lands, nor make an entry thereon, unless within twenty years after the right to bring such action or make such entry first accrued, or within twenty years after he, or those from, by, or under whom he claims, have been seised or possessed of the premises, except as is hereinafter provided. SECT. 2. If such right or title first accrued to an ancestor or predecessor of the person who brings the action or makes the entry, or to any other person from, by, or under whom he claims, the twenty years shall be computed from the time when the right or title so first accrued. twenty years. 7 Met. 24. Ch. 103, § 48. Right first accruing to an ancomputed, &c. cestor, how R. S. 119, § 2. SECT. 3. In the construction of this chapter, the right to make Time when the an entry or bring an action to recover land shall be deemed to have limitation begins to run. first accrued at the times respectively hereinafter mentioned, that is R. s. 119, §3. to say, First. When any person is disseised, his right of entry or of action shall be deemed to have accrued at the time of such disseisin : Second. When he claims as heir or devisee of one who died seised, his right shall be deemed to have accrued at the time of such death, unless there is a tenancy by the curtesy or other estate intervening after the death of such ancestor or devisor; in which case, his right shall be deemed to accrue when such intermediate estate expires, or when it would have expired by its own limitation: 15 Mass. 471. Third. When there is such an intermediate estate, and in all other 9 Mass. 508. cases when the party claims by force of any remainder or reversion, his right, so far as it is affected by the limitation herein prescribed, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof for which he might have entered at an earlier time: Fourth. The preceding clause shall not prevent a person from entering when entitled to do so by reason of any forfeiture or breach of condition; but if he claims under such a title, his right shall be deemed to have accrued when the forfeiture was incurred or the condition was broken: Fifth. In all cases not otherwise specially provided for, the right 8 Met. 90. shall be deemed to have accrued when the claimant or the person under whom he claims first became entitled to the possession of the premises under the title upon which the entry or the action is founded. a sole corpora SECT. 4. If any minister or other sole corporation is disseised, any Limitation af of his successors may enter upon the premises, or bring an action for ter disseisin of the recovery thereof, at any time within five years after the death, tion. resignation, or removal of the person so disseised, notwithstanding the R. S. 119, § 4. twenty years after such disseisin have expired. ities. SECT. 5. If at the time when such right of entry or of action upon Exceptions for or for lands first accrues, the person entitled to such entry or action is certain disabilwithin the age of twenty-one years, or disabled by marriage, insane, R. S. 119, § 5. imprisoned, or absent from the United States, such person, or any one claiming from, by, or under, him, may make the entry or bring the action at any time within ten years after such disability is removed, notwithstanding the twenty years before limited in that behalf have expired. sons under dis SECT. 6. If the person first entitled to make such entry or bring such Death of peraction dies during the continuance of any of the disabilities mentioned abilities. R. S. 119, § 6. No allowance for second disability. R. S. 119, § 7. 6 East, 80. 6 Mass. 328. Entry on land, 8 Met. 604. Estates tail barred like estates in fee. R. S. 119, § 9. Same subject. in the preceding section, and no determination or judgment has been had of or upon the title, right, or action, which accrued to him, the entry may be made or the action brought by his heirs, or any other person claiming from, by, or under, him, at any time within ten years after his death, notwithstanding said twenty years have expired. SECT. 7. If, at the time when such right of entry or action first accrues, the person entitled thereto is under any of the disabilities before mentioned, and dies without having recovered the premises, no further time for making such entry or bringing such action, beyond what is herein before prescribed, shall be allowed by reason of the disability any other person. of SECT. 8. No person shall be deemed to have been in possession of any lands within the meaning of this chapter merely by reason of havirg made an entry thereon, unless he has continued in open and peaceable possession of the premises for one year next after such entry, or unless an action is commenced upon such entry and seisin within one year after he is ousted or dispossessed. SECT. 9. When the right of entry or action of a tenant in tail, or person entitled to a remainder in tail, is barred by force of this chapter, the estate tail, and all remainders and reversions expectant thereon, shall be also barred, as fully as they might have been by a conveyance made by the tenant in tail in the manner provided in chapter eighty nine. SECT. 10. When a person entitled to recover land as a tenant in R. S. 119, § 10. tail, or remainder-man, dies before the expiration of the period herein before limited for making an entry or bringing an action therefor, no person claiming any estate which the tenant in tail or remainder-man might have barred, shall make an entry or bring an action to recover such land, except within the period during which the tenant in tail or remainder-man, if he had so long lived, might have made such entry or brought such action. When limitations to take effect. SECT. 11. The limitations herein before prescribed as to the time within which an action may be brought to recover land, take effect from R. S. 119, § 11. and after the thirty-first day of December in the year of our Lord eighteen hundred and thirty-nine; and if any person then entitled to bring any real action abolished after that day was then within the age of twenty-one years, a married woman, insane, imprisoned, or without the limits of the United States, the action may be brought at any time within five years after the disability ceased, or after the death of the person so disabled: provided, that no such action shall be maintained after it would have been barred by this chapter and by the statutes of limitation in force on the last day of April one thousand eight hundred and thirty-six. Suits by commonwealth limited. 1852, 253, § 2. 1854, 261, § 9. 4 Mass. 528. 9 Met. 157. SECT. 12. No suit for the recovery of lands shall be commenced by or in behalf of the commonwealth, unless within twenty years after the R. S. 119, § 12. right or title of the commonwealth thereto first accrued, or within twenty years after the commonwealth or those from or through whom it claims have been seised or possessed of the premises; but the provisions of this section shall not apply to any of the Province lands in the town of Provincetown, nor to the lands owned by the state in the basins of Back Bay mentioned in section one, chapter two hundred and fifty-three, of the statutes of eighteen hundred and fifty-two. ŠECT. 13. No descent or discontinuance shall take away or defeat not to bar right. any right of entry or action for the recovery of real estate. 1 Cush. 427. Descent, &c., R. S. 119, § 13. Notice to prevent an ease ment to be SECT. 14. When notice is given to prevent the acquisition of a right or privilege of way or any other easement, as provided in chapter deemed disturb ninety, such notice shall be considered so far a'disturbance of the right in question, as to enable the party claiming such right to bring an action of tort as for a nuisance or disturbance, for the purpose of trying the ance thereof. R. S. 119, § 14. 1852, 312. right; and if the plaintiff in such action prevails, he shall be entitled to full costs, although he recovers only nominal damages. brought. R. S. 119, § 15. SECT. 15. If an action of which the commencement is limited by on reversal or arrest of judg this chapter, is abated by the death of any party thereto, or if after ver- ment, &c., new dict for the demandant or plaintiff the judgment is arrested, or if judg- action may be ment in any such action is given for the demandant or plaintiff and the judgment is reversed for error therein, the demandant or plaintiff, or any person claiming from, by, or under, him, may bring a new action for the same cause, at any time within one year after the determination of the original action, or after the reversal of the judgment therein. SECTION 1. The following actions shall be commenced within six years next after the cause of action accrues, and not afterwards: First. Actions of contract founded upon any contract or liability not under seal, express or implied, except such as are brought upon a judgment or decree of some court of record of the United States, or of this or some other of the United States: Gallis, 477. 2 Mason, 311. 7 Pick. 153. 1 Mason, 243. 22 Pick. 430. 9 Met. 182, 197. Second. Actions for arrears of rent, except upon leases under seal: Third. Actions of replevin, and all other actions for taking, detain- 11 Met. 210. ing, or injuring, goods or chattels : Fourth. All actions of tort except those hereafter mentioned. See Ch. 65, §§ 10, 16. Ch. 129, § 78. Ch. 145, § 11. Ch. 146, § 5. SECT. 2. Actions for assault and battery, and for false imprisonment, and actions for slanderous words and for libels, shall be commenced within two years next after the cause of action accrues, and not afterwards. Ch. 97, §§ 5, 9. Ch. 111, § 16. SECT. 3. Actions against sheriffs for the misconduct or negligence of their deputies shall be commenced within four years next after the cause of action accrues, and not afterwards. 9 Greenl. 74. 4 Gray, 296. See Ch. 109, § 29. SECT. 4. None of the foregoing provisions shall apply to any action brought upon a promissory note signed in the presence of an attesting witness, if the action is brought by the original payee or his executor or administrator; nor to an action brought upon bills, notes, or other evidences of debt, issued by a bank. 4 Met. 219, 587. 13 Met. 128. 4 Cush. 176. 6 Cush. 139, 172. SECT. 5. In actions of contract brought to recover the balance due 13 Met. 251. * Cush. 467. 4 Gray, 393. 6 Gray, 515. within two years. 120, § 2. Gray, 296. See Ch. 70, § 12. 4 within four R. S. 14, § 78. years. R. S. 120, § 3. Exception as to certain notes, &c. R. S. 120, § 4. 16 Mass. 290, 314. 4 Pick. 382. upon a mutual and open account current, the cause of action shall be counts current. 12 may 17 R. S. 120, § 5. 4 Greenl. 337. 141130 Suits by aliens. Defendants out R. S. 120, § 9. 7 Mass. 515. 17 Mass. 55. 7 Met. 435. 12 Met. 268. 1 Cush. 508. Time extended of either party. deemed to have accrued at the time of the last item proved in the account. 3 Pick. 96. 6 Pick. 362. 8 Pick. 187. 3 Met. 216. 11 Cush. 258. SECT. 6. If a person entitled to bring any of the actions before mentioned in this chapter is at the time the cause of action accrues within the age of twenty-one years, disabled by marriage, insane, imprisoned, or absent from the United States, he may bring the action within the times in this chapter respectively limited, after the disability is removed. SECT. 7. Personal actions on contracts not limited by the foregoing sections, or by any other law of this state, shall be brought within twenty years after the cause of action accrues. 11 Met. 210. 6 Cush. 493. 8 Cush. 366. SECT. 8. When a person is disabled to prosecute an action, by res son of his being an alien subject or citizen of any country at war with the United States, the time of the continuance of such war shall not be deemed part of the respective periods herein limited for the commencement of any of the actions before mentioned. SECT. 9. If, at the time when any cause of action mentioned in this chapter accrues against a person, he is out of the state, the action may be commenced within the time herein limited therefor, after he comes into the state; and if, after a cause of action has accrued, the person against whom it has accrued is absent from and resides out of the state, the time of his absence shall not be taken as part of the time limited for the commencement of the action. 9 Cush. 527. 5 Gray, 397. 6 Gray, 427, 517. SECT. 10. If a person entitled to bring or liable to any action before upon the death mentioned, dies before the expiration of the time herein limited, or within thirty days after the expiration of said time, and the cause of action by law survives, the action may be commenced by or against the executor or administrator of the deceased person, at any time within two years after the grant of letters testamentary or of administration, and not afterwards if otherwise barred by the provisions of this chapter. 7 Gray, 381. in case of re versal, arrest of 6 Cush. 417. SECT. 11. If in any action duly commenced within the time limited and allowed in this and the preceding chapter, the writ fails of a sufficient service or return by any unavoidable accident, or by any default or neglect of the officer to whom it is committed, or if the writ is abated, or the action otherwise avoided or defeated, by the death of any party thereto, or for any matter of form, or if after a verdict for the plaintiff the judgment is arrested, or if a judgment for the plaintiff is reversed on a writ of error, the plaintiff may commence a new action for the same cause at any time within one year after the abatement or other determination of the original suit, or after the reversal of the judgment; and if the cause of action by law survives, his executor or administrator may commence such new action within said one year. SECT. 12. If a person liable to any of the actions mentioned in this cealment by de- chapter fraudulently conceals the cause of such action from the knowledge of the person entitled thereto, the action may be commenced at any time within six years after the person entitled to bring the same discovers that he has such cause of action, and not afterwards. in case of fraudulent con fendant. R. S. 120, § 12. 20 Johns. R. 33. 3 Mass. 201. 1 Pick. 435. 3 Pick. 74. New promise, R. S. 120, § 13. 1 Met. 394. 2 Met. 173. 5 Met. 171. 6 Met. 553. 8 Met. 432. 9 Met. 485. 4 Cush. 208. 6 Cush. 418. SECT. 13. In actions of contract, no acknowledgment or promise shall be evidence of a new or continuing contract whereby to take a case out of the operation of the provisions of this chapter, or to deprive a party of the benefit thereof, unless such acknowledgment or promise is made or contained by or in some writing signed by the party chargeable thereby. 11 Met. 210. 3 Cush. 355. 6 Cush. 151. |