, 1854-08-12

in the periods heren prescribed altcI thc
cause Of action shall have accrued, except
when in special cases different limitation
is prescribed by statute. But in the Dis
trict Court the objection that the action
was not commenced within the time limited
can only be taken by answer.
SEC. 2. The period prescribed IN the
preceding section for the commencement oil
actions shall be as follows
WITHIN TWENTY YEARS:
!. Actions for the recovery OF real
property or for the recovery of the posses
sion thereof; and no action shall he NAM
tanned for such recovery unless it appear
that the plaintiff, his ancestor, predecessor
or pranter. was seized or possessed Of the
premises in question within twenty years
before the commencement of the action.
SEC. g. WITHIN SIX YEARS:
|. An action upon judgment or decree
of arr court of the United States or of
any State or Territory within the United
States. -.
.. An action upon q contract in writing
or liability expressed or implied, arising out
of a written agreement.
3. An action for the rents and profits or
for the use and occupation of real estate.
SEC. 4. WITHIN THREE YEARS:
l. An action for waste or trespass upon
real property.
9. An action for taking, OBTAINING or
ipiuring personal property, including an ac-
ton for the specific recovery thereof, or1or
any other injury to the person or rights of
another. not hereinafter enumerated.
8. Action upon all contracts express or
implied, which are not in writing and do
not arise out Of any written instrument.
4. An action for relief upon the ground
Of fraud: the cause of action in such case
not to be deemed to have accrued until the
discovery by the aggrieved party Of the
facts constituting the fraud.
g. An action againsta Sheriff, Coroner,
or Constable upon liability incurred by
the doing of an act in his official capacity,
and in virtue of his Office, or by the omis-
sion of an official duty, including the nom
pavment Of money collected upon an exc
cution. But this section shall not apply to
an action for on escape.
g. An action upon statute for penalty
or forfeiture, where the action is given to
the party aggrieved, or to such party and
the Territory, except where the statute i'm
nosinq Il prescribes different limitation,
and for seduction and breach Of marriage
contract.
SEC. 5. WITHIN ONE YEAR
/. An action for libel, SANDER, assault,
assault and battery, and false Imprisonment
Q. An action upon statute for for
ieiture or penalty to the Territory.
8. An action against Sheriff or other
officer for the escape Of prisoner arrested
or imprisoned in civil process.
SEC. G. An action upon statute for a
penalty given in the whole or in part to the
person who will prosecute for the same, shall
be commenced within one year after the
commission Of the offence, and If the action
be not commenced within one year by
private party, it may be commenced within
two wears thereafter in behalf Of the Ter
ritory BY the Prosecuting Attorney Of the
District, in which the County is situated
where the offence was committed
SEC. I. An action for relief not here
inbefoFe provided for, shall be commenced
withil ten years after the cause OF action
shall have accrued.
SEc. 8. In an action brought to recov-
er a balance due upon mutual open and
current account, where there have been re-
ciprocal demands between the parties, the
cause of action shall be deemed to have
accrued from the time Of the last item
proved in the account on either side.
SEC. 0. The limitations prescribed in
this act shall apply 10 actions brought in
the name Of the Territory or for its benefit,
in the same manner as to actions by private
parties.
SEC. 10. If, when the cause Of action
shall accrue against any person he shall be
out Of the Territory or concealed, such &c
ton, maY be commenced within the times
herein respectively limited, after the return
of such person into the Territory or the
time Of his concealment, and if after such
cause Of action shall have accrued, such
person shall depart from and reside out OF
this Territory or conceal himself, the time
Of his absence or concealment shall not be
deemed or taken as any part Of the time
limited for the commencement Of such ac-
ton.
SEC. IL. II person entitled to bring an
action mentioned in this act, except for a
penalty or forfeiture, or against Sheriff or
other officer for an escape, be, at the time
the cause of action accrued, either
/. Within the age of twenty-One years,
3. Insane,
8. A married woman,
The time Of such disability shall not be a
part Of the time limited for the commence
ment Of the action.
SEC. IL. If person entitled to bring an
action, die before the expiration Of the time
limited for the commencement thereof, and
the cause Of action survive, an action may
he commenced by his representatives after