Polynesian., 1853-07-16

~ Hsavs
Sec. 4. Ifany person entitled to bring any
action in this act specified (excepting actions
against the Marshall sheriffs or other officers)
shall, at the time the cause Of action accrued
be, either
l. Within the age oftwenty years; or
2. Insane; or
| 3. Imprisoned on criminal charge, or in
execution under the sentence Of criminal
court for term less than his natural life; or
4 A married woman,
Such person shall be at liberty TO bring
such actions within the respective times in
this act limited, after such disability removed.
| Sec. 5. If any person entitled 10 bring any
action in this act specified shall die before the
expiration of the time herein limited for the
commencement OF such suit, il such cause
Of action shall survive to his representatives,
his executor or administrators may, after the
expiration of such time and within one year
after such date, commence such action; but
not after that period
Sec. g. If at the time when any cause of
action specified in this act shall accrue
against any person, he shall be out Of this
kingdom, such action may be commenced
within the terms herein respectively limited
after the return of such person into this king
dom; and if, after such cause Of action shall
have accrued, such person shall depart from
and reside out of this kingdom, the time Of
his absence shall not be deemed or taken as
any part of the time limited for the conf
mencement of such action
Sec. z. When an action, commenced with
in the time prescribed by law, shall abate by
reason Of the death Of the plaintiff, if the
right Of the action survive to his representa-
Itives, his executor or administrator may,
within one year after such death commence
a new action. -
Sec. 8. Whenever the commencement of
any suit shall be stayed by an injunction of
any court of Equity, the time during which
such Injunction shall be in force shall not be
deemed any portion Of the time in this act
limited for the commencement Of such suit.
Sec. g. When suit shall be aledged by
a plaintiff to have been commenced within
the time required by law, and such allegation
shall be put in issue by the defendant, it
shall be competent for the defendant to prove,
on the trial, that the process issued by the
plaintiff was not issued with the intent or in
the manner required by law; or that any
means whatever were used by the plaintiff or
his attorney TO prevent the service of the
writ, or to keep the defendant in ignorance
of the issuing thereof.
Sec. 10 Upon any such matter being es-
lablished, or upon ITS appearance in any
other way that any process was issued with
out any intent that it should be served, such
process shall not be deemed the commence
ment of a suit within the meaning of any of
the provisions OF this act.
Sec H. No person shall avail himself Of
any disability enumerated in this act, unless
such disability existed at the time his right of
action accrued.
Sec I2 Where there shall be two or more
such disabilities existing at the time the right
Of action accrued, the limitations herein pre-
scribed shall not attach until all such disa
bilties be removed.
Sec. l3. The provisions Of this act shall
not extend to any action which is or shall be
limited by any statute to be brought within
a shorter time than is herein prescribed; but
such action shall be brought within the time
limited by such statute. i
Sec. Ia If any person who is liable to any
of the actions mentioned in this act shall frau
dulently conceal 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
who is entilled to bring the same shall disco
YER that he has such cause of action, and
not afterward. 4@
Sec. Is All the provisions Of this act
shall apply to the case of any debt on cQp-
tract, alledged by way of sst-off on the part
Of defendant, and the time of Limitation Of
such debt shall be computed in like manner
as if an action had been commenced therefor,
at the time when the plaintiffs action COM
|menced. @
Sec. l6. Every judgment and decree in
any court of record of this kingdom shall be
presumed to be paid and satisfied, at the ex-
piration of oftwenty years after the Judgment
or decree was rendered.
Sec IL. The provisions of this act shall
not apply to any actions commenced, nor to
any cases where the right of action shall
have accrued before he time when this act
takes effect.as a law; but the same shall re-
main subject to the laws now in force.
Sec lS This act shall take effect from
and after the first day Of August. A. ID. 1853.
AN ACT
ITO REMOVE FROM THE POLICE AND DIS
TRICT COURTS THE JURISDICTION IN
CASES OF LARCENY IN THE SECOND DE-
GREE.
.approred. July 9th. 1853
Be 1T ENAcTEp by the Kmg, the MOBILES