The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-02-07
HOW ]. ". HALL SAVED So, I24
THE RECLAMATION TRUSTEES
WERE DILATORY.
The Statute Of Limitations Cuts
OFF an Egbert District
Assessment.

On January 18th there was tried be-
fore Judge A. ]. Buckles in the SUI
perior Court of Solano County a suit in
volving a swamp land assessment,
which was watched with a great deal
of interest by the owners of our river
lands by reason of a certain construc-
ton of the law for which the defendant
contended.
The plaintiff Reclamation District
$3.50 was represented by George A. La
mont and Robert T. and William H.
Devlin, and the defense by Judge John
NJ. Gregory, assisted by w. A. Gett OF
this city
AT the close of the testimony for the
plaintiff, Mr.. Gett moved that the court
enter judgment in favor of the defend
ant, as it appeared from the evidence
that the statute of limitations had run
against the right to recover.
The matter was argued by Robert T.
Devlin for the plaintiff and Mr. Gett
for the defendant, and the court, at the
request Of the plaintiff, granted time
for filing briefs. The matter being
submitted some days since, the court
on Friday last filed the following opin-
ion:
DlSITlCI NO. DoO,
VS.. ]. w. Hall ct al, defendants.
The third installment of defendant
was not paid within twenty days after
the same was made and declared
The law provides: And a cause of
action for the collection of any such
iustallment shall accrue at the ex-
piration Of twenty days from the date
of the order directing its payment;
provided, that if any such installment
shall remain unpaid at the expiration
of said twenty days, then the whole of
the assessment against the land owned
by the person failing to pay such in
stallment shall become due and pay
able at once, and may, at the discretion
of the board, be collectable Immediate
ly." Sec 1856, Pol. c.
l cannot understand what other con-
strUction can be put on the words,
shall become due and payable at
once than the plain ordinary con-
struction, that they mean. just what
they say. The only isHetion left
to the board is to determine whether
1t will collect the whole in one suit or
N several, and the time at which suit
will be brought. But the whole amo&nt
having become due and payable, the
board cannot postpone bringing suit
until after the statutory time of three
years has run.
The statute begins to run immedi
ately the right of action accrues, and
the running of the statute cannot be
thrown off and taken up again at the
will of either party.
The statute of limitations is a per-
sonal right, but need not be pleaded
if the party in whose favor it has run
does not desire to avail himself of it.
But where it has run, and is pleaded,
as in this case, it is a complete de-
fense-a statutory, and therefore a le-
climate che.
The defendants motion for judgment
is granted, and he will prepare findings.
A. j. BUCKLES, Judge.
The effect of granting the contention
of the defendant, which seems ire
sistibe under the provisions of the law,
saves the defendant, j. w. Hall, 81
III 9S which is now not collectable
because the trustees failed to bring
suit against him within three years
and twenty days from the time the
third call was made, as the call was
not paid within the twenty days, as di-
rected by the trustees when they made
their demand fer the payment of the
third installment of. the assessment.