The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-04-24

upon any of the said actions or suits Indictment
be given for the plaintiff, and the same be revers
ed by reason Of error verdict pass for the
plaintiff, and for matter alleged in arrest Of juds
ment, the Judgment be given against the plaintiff.
that he take nothing by his plant, writ or bill,
that IN All such cases the party, plaintiff, his ex
ecutor or administrator, as the case shall require
nay commence a new action or suit, from time TO
time. within year after such judgment reversed
or such judgment given sgainst the plaintiff, and
not atteJ
SECT. 8. BE a further enacted, That any &C
ton of the or of debt grounded upon any
leading or contract. or for aTrearages OF rent
WHICH shall be'actually declared upon in proper
writ, returnabe according to law, purchased
therefor, within the term Of six years next after
the cause Of such action accru. d shall be deem
ed and taken to be duly commenced and sued
within the meaning of this act
SEcr.9 9. BE II further enacted, That this act
shall not be understood to bar any infant, feme
covert, person imprisoned or beyond sea, without
any OF the United States, or non compos mentis,
from bringing either OF the actions be fore ntion-
ed IN the seventh section Of this act, within the
term before set and limited for bringing such
action, reckoning from the time that such imped-
iment shall be removed: And if any person or
persons against whom there is, or hereafter shall
species of action hereinbefore enumerated in said
seventh section OF this act, who at the time the
same accrued was without the limits of this State,
and did not leave property estate therein, that
could by the common and ordinary process OF law
be attached that then and in such case, the
person that is entitled TO bring such suit action,
shall be at liberty to commence the same within
the respective periods before limited after such
PERSONS return into this State.
SECT. 10. Prortded d!ecays, And Be Il further
enacted That this Act shall not extend to bar any
action hereafter brought upon any note in writ
ing, made and signed by any person or persons
and attested by one or more witnesses whereby
such person persons have promised, or shall
promise TO pay to any other person or persons,
any sum of money mentioned in such note, but
all actions upon such note or notes, brought by
the original promisee, his executor or admnstra-
tor, shall and may be maintained as if this act
had never been made; any thing herein contained
TO the contrary notwithstanding.
SECT. II. Be 1t further enacted That any &C.
ton which shall be actually declared in as afore-
said, and in which the writ purchased therefor,
shall fail of d sufficient service or return by any
unavoidable accident or by the default, nesli-
gence or defect of any officer to whom such writ
shall be duly directed, when such writ shall
be abated or the action thereby commenced shall
be avoided by demurrer otherwise, for inform
atty of proceedings; then and in any such case,
the plaintiffs plaintiff, bis or her executor or
administrator, may commence another action
upon the same demand and shall thereby save
The limitation thereof, any thing in this act to
The contrary Notwithstanding Pforided, That
such second action shall be duly commenced by
declaring in the same aforesaid and pursued at
he next Circuit Court Of Common Pleas Of the
county in which trial of the cause may be had,
Dr. within three months next after the Court
whereto such former writ or shall be return
'ble, or wherein judgment of abatement or other
evidence of such suit shall happen and not after
wards.
SECT. 12. Be IL further enacted, That any action
# the case or of debt. grounded upon any lending
1r contract, or for arrearage Orient, which might
have been or which may be sued and prosecuted
BY or against any person deceased, or who shall
hecease, at the time ofhs or her death, or within
thirty days next preceding, shall and may be
by declaring in the same as aforesaid,
and sued by or against the executor or admins
TRAITOR OF such deceased person, within two years
after the grant of the letters testamentary, of
and not afterwards, if otherwise
barred by this act, any thing which may be sup
posed herein TO the contrary notwithstanding.
SECT. Is. Be ii further enacted, That in any
action which shall be brought, for any debt upon
simple contract, or promise In writing, not under
seal, the defendant therein may give in evidence
upon the general issue, his or her demands against
The plaintiff, for goods delivered, monies paid, or
services done, whereof an account shall be duly
sled in the Clerks Office Of the Court whereto
such action is, or shall be brought. seven days,
and before Justice four days, at least, preceding
The time Of trial. And in all cases of mutual de-
mands as aforesaid, the account of the defendant,
If any time of limitation shall be objecte thereto
by the plaintiff, shall be considered and allowed
as II an action had been duly commenced thereon,
by declaring IN the same, at the time when the
plaintiffs action was or shall be commenced, any
law, usage or custom to the contrary notwith-
standing.
SECT. IA. Be IL further enacted, That all actions,
suits, bills informatiens which shall here after
be had, brought, sued or commenced, for any
forfeiture upon any penal statute, made or to be
made, the benefit whereof is or shall be by the
said statute limited in whole or in part to the
person or persons who shall inform and prosecute
in that behalf shall be had, brought, sued or COM
menced by any person that may lawfully pursue
the same as aforesaid, within one year next after
the offence committed, or TO be committed against
the said statute and in default Of such pursuit,
then the same shall be had, brought or prosecuted
for the State, at any time within two years after
the offence committed and if any action, suit,
Indictment or information. for any offence against
any penal statute, shall be brought after the time
in that behalf limiled, the same shall be void and
Of none effect, any act to the contrary notwith-
standing: Provided, altrays, That when any &C
ton, suit or information is or shall be limited by
any penal statute, TO be had, sued, commenced
or brought within a shorter time than IS above
Mentioned, in every such case, the action, suit
or information, shall be brought within the time
Limited BY such statute