The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-06

meaning of this title, when the summons
is delivered, with the intent that it shall
be actually served, to the Sheriff or other
officer Of the County in which the de-
PENDANTS or one of them usually or last
resided; or, if q corporation be defend
ant, to the Sheriff or other officer of the
County in which such corporation was
established by law, or where its general
BUSINESS was transacted, or whero it kept
an Office for the transaction of busi.
ness.
SEC. 1913. If, when tho cause of ac-
ton shall accrue against any person, he
shall be out of the State, such action
may be commenced within the terms
herein respectively limited, after the re-
turn OF such person into this State; and
If, after such cause Of action shall have
accrued, sucn person shall depart from
and reside out ct this State, or remain
continuously nj cnt therefrom for the
space OF one year Ur Lore, the time of
his absence shall not be deemed or taken
as any part of the time limited for the
commencement of such action. :,
SEC. III. If q person entitled to bring
on action mentioned in the last chapter,
except for penalty or forfeiture, or
against Sheriff or other officer, for on
escape, be at the time the cause of action
accrued, either,
l. Within the age of twenty one years;
or,
2. Insane; or,
8. Imprisoned on criminal charge:
or, IN execution under the sentence of q
criminal Court, for term less than his
natural life; tho time of such disability
is not part of the time limited for the
commencement Of the action; except
that the period within which tho action
must be brought cannot be extended
more than five years by any such disa-
Dlllty, except infancy; nor can it be SO
extended in any case longer than one
year after the disability ceases.
SEC. 1875. If person entitled to bring
an action die before the expiration of the
tlmo limited for the commencement
thereof, and the cause of action survive,
an action may be commenced by his
representatives, after the expiration of
that time, and within one year from his
death If person against whom an ac-
tion may be brought die before the ex-
plration Of the time limited for the COM
mencement thereof, md the cause OF ac-
ton survive, an action may be COM
menced against his executors or admins
traitor after the expiration of that time,
and within one year after the issuing of
letters testamentary. or of administra-
tion
SEC. 126. When person shall be an
alien subject or citizen of county at war
with the United States, the time of the
continuance of the war shall not be part
OF the period limited for the commence
ment of the action.
SEC. 127. If an action shall be COM
mnnnp1 ypIfhi,, f1,n 1o.1
for, and judgment therein be reversed
on appeal. the plaintiff, or, if he die and
the cause of action survive, his heirs or
representatives, may commence new
action within one year after the re-
versnl.
SEC. Us. When the commencement OF
an action shall be stayed by Injunction
or statutory prohibition, the time OF the
continuance of the injunction or prohi-
bition silal! not he part Of tho time limit
ed Tor the commencement Of the action.
SEC l2o. No person shall avail him
sell OF disability, unless it existed
when his right Of action accrued.
SEQ. 10. When two or more dis;bil-
ties Shall co-exist at the time the right of
action accrues, the limitation shall not
attach until they all be removed.
SEC. l3l. This title shall not affect ac-
tions to enforce the payment Of bills,
notes or other evidences of debt, issued
by moneyed corporations, or issued or
put IN circulation as money.
SEC. 1872. This title shall not affect ac-
tions against Directors or stockholders of
morcyed corporation, or banking asso-
ci"tion to recover penalty or forfeiture
imposed, or to enforce liability created
Dy law; but such actions must be brought
within six years after the discovery, by
the aggrieved party, OF the facts upon
which the penalty or forfeiture attached,
or the liability was created.
SEC. 133: No acknowledgement or pro-
mise shall be sufficient evidence of n now
or continuing contract, whereby to take
the case out of the operation of this title,
nness the same be contained in some
writing signed by the party to be charged
thereby; but this Section shall not alt, r
the effect of any payment of principal
or interest
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