« ZurückWeiter »
Defendant, when to recover costs.
Bond, with surety, to be taken.
Lessor entitled to remedy at law.
Those deriv-. ing title from lessor to have like remedy.
Fees of magistrate, &c.
No person to tan leather without a licence.
Manufacturers of leather may stamp their work.
ment for the complainant, to recover possession of the
TITLE 57. Leather.
An Act concerning Leather, and for regulating the several Artificers concerned in working and making up the same.
E it enacted by the Senate and House of Representatives, in General Assembly convened, That no person shall set up, or carry on, the trade or mystery of tanning leather, except he prove his skill therein, to the county court of that county, wherein such person lives, by the testimony of two or more witnesses, and obtain a licence therefor, from such court; and every person, who shall set up and carry on said trade, without such licence, shall forfeit sixty-seven dollars, one half to him who shall sue for the same to effect, and the other half to the treasurer of the county, where the offence shall be committed. sect. 2. Each manufacturer of leather, or of boots, half-boots, shoes, pumps, sandals, slippers, gola-shoes, saddles, or harness, shall have the exclusive right of
Title 58. Library Companies.....Title 59. Limitations.
stamping said articles, by him or her manufactured, with the initial letter of his or her christian name, and his or her surname at length, and the name of the town, or place of his or her abode ; and such stamping shall be considered as a warranty, that the article stamped, is merchantable, being made of good materials, and well manufactured.
sect. 3. If any person shall fraudulently stamp, or aid or abet, in fraudulently stamping, either of the articles aforesaid, with the name or stamp of any other person, he shall, on due conviction thereof, be punished by fine, not exceeding one hundred dollars, to the state treasury, or by imprisonment, not exceeding six months, or by both those punishments, at the discretion of the court, having cognizance of the offence.
TITLE 58. Library Companies.
SECT. 1 B. it enacted by the Senate and House of Repre- - - sentatives, in General Assembly convened, That liberty be, and hereby is granted to any individuals, in any town in this state, to associate for the purpose of procuring and establishing a public library; and being so associated, shall, on complying with the provisions of this act, be considered as a body politic and corporate ; may choose a president, and other officers ; may enact bylaws for regulating the affairs of such corporation, not inconsistent with the laws of this state, and compel the due observance thereof, by suitable penalties; may sue and be sued, and do all acts necessary and proper for the well ordering of the affairs of such corporation. Provided, however, that before any such association shall be entitled to the privileges of this act, they shall lodge with the secretary of this state, a copy of their articles of association. Provided, also, that this act may, at any time, be altered or repealed, by the general assembly.
TITLE 59. Limitations.
An Act for the Limitation of Civil Actions, and of Criminal Prosecutions.
SECT. 1. Bo it enacted by the Senate and House of Rep
resentatives, in General Assembly convened, put
That no person shall, at any time hereafter, make entry lands, limited.
Action, when to be brought upon such entry.
Actions on specialties, limited.
Account ; book-debt; assumpsit upon implied or simple contract.
Trespass on the case.
into any lands or tenements, but within fifteen years next after his right or title shall first descend or accrue to the same ; and every such person, so not entering, and his heirs, shall be utterly disabled to make such entry afterwards; and no such entry shall be sufficient, unless an action shall be commenced thereupon, and prosecuted with effect, within one year next after the making thereof. Provided, nevertheless, that if any person who hath, or shall have, such right or title of entry into any lands or tenements, be, or shall be, at the time of the first descending or accruing of the said right or title, within the age of twenty-one years, feme covert, non compos mentis, or imprisoned, then such person and his heirs may, notwithstanding the expiration of the said fifteen years, bring such action, or make such entry, as he might have done before the expiration of the said fifteen years, so as such person shall, within five years next after full age, discoverture, coming of sound mind, enlargement out of prison, or the heirs of such person, shall, within five years af. ter the death of such person, bring such action, or make such entry, and take benefit of the same.(1)
sect. 2. No action shall be brought on any bond, or writing obligatory, contract under seal, or promissory note not negotiable, but within seventeen years, next afteran action on the same shall accrue. Provided, nevertheless, that persons legally incapable to bring an action on such bond or writing, at the accruing of the right of action thereon, may bring the same at any time within four years after their becoming legally capable to bring such action.
SEct. 3. No action of account, of debt on book, or on simple contract, or of assumpsit, founded upon implied contract, or upon any contract in writing, not under seal. except promissory notes not negotiable, shall be brought but within six years next after the right of action shall accrue. Provided, nevertheless, that persons legally incapable to bring any such action, at the accruing of the right of action, may bring the same at any time within three years after their becoming legally capable to bring such action.
sect. 4. No action of trespass on the case shall be brought but within six years next after the right of action shall accrue.
(1) This clause was passed in 1684, and is copied from 21 Jac. 1. c. 6. s. 1. excepting as to the length of time, which in that statute is twenty years. In the statute of Jac. 1. there is an exception in favor of persons beyond seas ; which was at first copied into our statute ; but though such an exception might be proper in England,
yet as it would be highly unreasonable in this country, it has been omitted. In the construction of this statute, it has been decided, that when the statute once begins to run, a supervenient disability will not stop it, so that no person can take benefit of two successive disabilities. Bunce v. Wolcott, 2 Conn. Rep. 27.
seer, 5. No action founded upon any express contract or agreement, other than actions of book debt, on proper subjects thereof, not reduced to writing, or some note or memorandum thereof, made in writing, and signed by the party to be charged therewith, or some other person by him lawfully authorized ; no action of trespass ; and no action upon the case for words, shall be brought but within three years next after the right of action shall accrue, sect. 6. No suit or action for any forfeiture, upon any penal statute, shall be brought by any person or persons, who may lawfully sue for the same, but within one year next after the ... committed. sect. 7. No suit or action, either in law or equity, shall be brought against any sheriff, sheriff's deputy, or constable, for any neglect or default in his office and duty, but within two years next after the right of action shall aCCTue. sect. 8. If in any of the said suits or actions, judgment be given for the plaintiff, and the same be reversed by error, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment, the judgment be given against the plaintiff, that he take nothing by his writ, declaration, or bill; in all such cases, the party plaintiff, his heirs, executors, or administrators, as the case shall require, may commence a new suit or action, at any time within a year after such judgment reversed, or such judgment given against the plaintiff. And in computing the time limited in the several cases aforesaid, the time, during which the party against whom there may be any such cause of action, shall be without this state, shall be excluded from the computation. In all cases, herein before specified, wherein, by the laws of this state, hitherto in force, no time is limited for the bringing of said actions, or a longer time is allowed therefor, than the time herein limited, such last mentioned time shall commence on, and be computed from, the first day of June, one thousand eight hundred and twenty-one. sect. 9. No writ of error shall be brought for the reversal of any judgment, after the expiration of three years from the time of rendering such judgment. sect. 10. No petition for a new trial, in any case in which final judgment hath been. or shall have been rendered, either in chancery or at law, shall be brought, but within three years next after the judgment or decree complained of, shall have been rendered or passed. sect. 11. No person shall be indicted, informed against, complained of, or in any way prosecuted, before any court, for treason against this state, or for any crime or misdemean
Actions on penal statutes.
Actions against officers for neglect of duty.
Time of commencing a new suit, after reversal or arrest of judgment, limited.
Time of defendant’s absence from the state, to be excluded from computation. New limitations to be computed from June, 1, 1821.
Writ of error.
Petition for a
Any crime or misdemeanor,
not punishable with death, or imprisonment
Proviso as to slave-trade, slaves, &c.
Proviso as to offenders fleeing from the state.
Proviso as to limitations in other statutes.
(2) Statutes of limitation are properly
or, whereof the punishment is, or may be, imprisonment in new-gate prison, unless the indictment, presentment, or complaint be made and exhibited within three years, next after the offence shall have been committed : nor shall any person be indicted, informed against, complained of, or in any way prosecuted, before any court, for the breach of any penal law, or for other crime or misdemeanor, excepting crimes punishable by death, or imprisonment in new-gate prison, unless the indictment, presentment, information or complaint, be made and exhibited within one year next after the offence shall have been committed. Provided, that any action or prosecution proper for the recovery of any penalty incurred by the breach of any of the provisions of the law relating to the slavetrade, or concerning Indian, Mulatto, and Negro servants and slaves, may be brought, and prosecuted at any time within three years after such cause of action shall arise. Provided, that if the person against whom such indictment, presentment, information or complaint shall be brought or exhibited, shall have fled from, and have resided out of, this state, during the period limited as aforesaid for the prosecution of the offence charged, then the same may brought and exhibited against such person, at any time within such period, during which he shall reside within this state, after the commission of the offence. And provided, also, that where any suit, indictment, presentment, information or complaint, for any crime or misdemeanor, is, or shall be limited by any other statute, to be brought or exhibited within a shorter time than is hereby limited, the same shall be brought or exhibited within the time limited by such statute.(2)
to a reasonable time. In the former stat
called statutes of repose ; as they prevent disputes of long standing, which are highly prejudicial to the interests of the community. Though statutes of this kind have been enacted from time to time, yet there were many cases to which they did not extend. By the former statutes, there was no limitation to actions of account, assumpsit on written or implied contracts, or trespass on case, except for slander. The present statute is intended to limit all actions,
utes, the limitation was confined to bonds, bills or notes, for inoney only ; and where the condition or contract was for any other thing, there was no limitation. As there can be no reason for such a distinction, it is here omitted. In the former statutes, there was no limitation to a prosecution for a crime, unless some forfeiture belonged to a public treasury: but it was thought reasonable that other prosecutions, where the offence is not capital, should be limited.
TITLE 60. JMaintenance.
Attornies, sheriffs, &c.
An Act to prevent unlawful Maintenance.
SECT. 1. B'. it enacted by the Senate and House of Representatives, in General Assembly convened, That no attorney or counsellor at law, sheriff, deputy