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cause should be continued, make his election on record to abandon CHAP. 145. the premises to the tenant, at the value estimated by the jury, then 1 Greenl. 309. judgment shall be rendered against the tenant, for the sum so esti- 3 Greenl. 377. mated by the jury, and costs.

SECT. 29. At the end of one year, execution may issue for such sum, with one year's interest thereon, and costs, unless the tenant shall then have deposited with the clerk of the court, or in his office, for the demandant's use, one year's interest of said sum, and one third part of said principal sum, and all the costs, if taxed and filed, in which case, no execution shall issue at that time.

4 Greenl. 297. 16 Maine, 124.

Mode of collecting the value of the land, in such case. 1821, 47, § 1.

SECT. 30. If, within two years after the rendition of judgment, Same subject. the tenant shall pay one year's interest, on the balance of the judg- 1821, 47, § 1. ment due, and one third part of the original judgment, then execution shall be further stayed; otherwise, it may issue for two third parts of the original amount of the judgment, and interest thereon.

SECT. 31. If the tenant shall, within three years after the ren- Same subject. dition of judgment, pay into the clerk's office the remaining third 1821, 47, § 1. part and interest thereon, having made the several payments aforesaid, then the execution shall never issue; otherwise, it may, for the third part aforesaid and one year's interest thereon; and the premises shall be held bound as security for the amount of the judgment, liable to be taken in execution, in whole or in part satisfaction of said sum, or any unpaid part of the same, and the interest, until sixty days after an execution might have issued as aforesaid, notwithstanding any intermediate conveyance, attachment or service upon execution.

be extended on

1821, 47, § 1.

SECT. 32. Such execution may be extended on said land, or Execution may any part of it, and the same may be set off on execution, upon he exten appraisement according to law; or the same may be sold on the execution, in the same manner, as an equity of redemption may be sold; and, in either case, subject to the right of redemption, as in those cases.

SECT. 33. Should the tenant or his heirs be evicted from the Remedy, if tenland, abandoned to him as aforesaid, by a better title of any claim- ant be evicted. 1821, 47, § 1. ́ant, and, if such tenant shall have given notice to the demandant or his heirs, to aid him in the defence of such claimant's action, the tenant, his executors or administrators, may recover back the money he shall have paid, with lawful interest, of said demandant or his representatives; but, if no such notice was given, then the tenant, in an action, brought against the original demandant, to recover back the price paid for the premises, may show, that he was evicted by force of a title better than that of the original demandant.

do not abandon.

1821, 47, § 1.

SECT. 34. When the demandant shall not elect to abandon the Consequence, premises to the tenant, in the manner stated in this chapter, no writ if demandant of possession shall issue on the judgment rendered on the verdict, nor any new action be sustained for the land, unless the demandant shall, within one year from the rendition thereof, have paid into the clerk's office of the same court, or to such person as the court may appoint, for the use of the tenant, such sums as shall have been assessed for the buildings and improvements as aforesaid, with all interest thereon.

SECT. 35. Nothing, contained in this chapter concerning rents Restriction of

terments.

1821, 47, § 1. 12 Mass. 329.

CHAP. 145. and profits, or the estimate and allowance of the value of the buildthe right to bet-ings and improvements, shall be construed to extend to any action between a mortgager and mortgagee, his heirs or assigns; or to any case, where the tenant, or the person under whom he claims, entered 1 Greenl. 343. into possession of the premises and occupied under contract with the owner, which was known to the tenant, when he entered. SECT. 36. No tenant, after judgment has been entered against commit waste. him for the appraised value of the premises, shall unnecessarily cut wood or take away any timber, or make any strip or waste on the land, till the amount of such judgment shall have been satisfied.

Tenant not to

1821, 47, § 2.

Agreement of parties, as to value.

Tenant may propose a sum, at which the value may be estimated. Effect thereof. 1821, 47, § 4. 2 Greenl. 352.

Set off of costs, 1828, 397.

SECT. 37. Whenever the parties agree, that the value of the buildings and improvements on the land demanded, and the value of the land shall be ascertained by persons, named on the record for that purpose, their estimates, as reported by them and recorded, shall, for all the purposes of this chapter, be deemed equal in its effect, as the verdict of a jury.

SECT. 38. Whenever the tenant, in any stage of such an action, shall, in open court, file a statement, in which he shall name the sum at which he consents, that the buildings and improvements made on said land, and also the value of the demanded premises should be estimated, then, if the demandant shall consent to the same, judgment shall be rendered, according to such consent of parties, in like manner as if said sums had been found by verdict; but, if the demandant shall not so consent, and the jury shall not reduce the value of the buildings and improvements below the sum offered, nor increase the value of the premises above the sum offered, he shall not recover costs arising after such offer, but the tenant shall recover his costs arising after such offer, and have a separate judgment and execution therefor, subject to the provisions of the following section.

SECT. 39. In all cases, where the demandant does not abandon in certain cases. the premises to the tenant, the court may, on the written application of either party, during the term when judgment is entered, order the costs, recovered by the demandant, to be set off against the appraised value of the buildings and improvements on the land; a record of which order shall be made, and the court shall thereupon enter judgment, as shall be proper, according as the balance and its amount may be in favor of one party, or the other.

Jurors disquali

fied, if interested in similar questions.

1821, 47, § 6. 14 Mass. 205.

Execution may issue, after a

year.

What consti

tutes a posses

sion and improvement. 1821, 47, § 5.

2 Greeni. 275.

SECT. 40. No person shall be allowed to sit as a juror in the trial of a cause, when the value of buildings and improvements made on the demanded premises, and the value of the premises, are to be estimated as aforesaid, who, as proprietor or occupant, shall be interested in a similar question.

SECT. 41. The expiration of a year, after the rendition of judgment, shall not prevent the issuing of execution or writ of possession, in the cases mentioned in the twenty ninth, thirtieth and thirty first sections of this chapter; but it may be taken out at any time, within three months after any default of payment by the tenant.

SECT. 42. A possession and improvement of land by a tenant shall be deemed within the provisions of this chapter, though such land be not surrounded wholly by a fence, or rendered inaccessible by other obstructions, if such possession and improvement shall

have been open, notorious and exclusive, and comporting with the CHAP. 145. usual management and improvement of a farm by its owner, and though a portion of it may be woodland and uncultivated.

SECT. 43. If, after judgment has been rendered for the demand- Proceedings, if ant in a writ of entry, either party die before a writ of possession before the cause either party die, is executed, or the cause otherwise disposed of, according to the is disposed of. foregoing provisions, any money, payable by the tenant, may be paid by him, his executors, or administrators, or by any person, who is entitled to the estate under him, to the demandant or his executors or administrators, with the like effect, as if both parties were living.

case,

issue, in such

SECT. 44. The writ of possession, whenever issuable in such How writ of shall be issued in the name of the original demandant against possession shall the original tenant, though either of them or both be dead; and, case.' when executed, it shall enure to the use and benefit of the demandant, or whoever is then entitled to the premises under him, in like manner, as if it had been executed in the lifetime of the parties. SECT. 45. Either party may have a view, by the jury, of the Either party place in question, if the court shall be of opinion, that such view may have a is necessary to a just decision; provided, that the party, moving for ry. the same, shall advance such sum to the jury as the court shall 1821, 84, § 16. order, to be taxed against the adverse party, if the cause be decided against him on the merits, or through his default.

view, by the ju

a life estate be demanded.

SECT. 46. If the demandant in a writ of entry shall claim an Proceedings, if estate for life only, in the premises, and, if he shall pay any sum allowed to the tenant for improvements, he, or his executors or administrators, at the termination of his estate, shall be entitled to receive of the remainder man or reversioner, the value of such improvements as they then exist; and shall have a lien therefor on the premises in like manner, as if they had been mortgaged for payment thereof; and he may keep possession thereof, accordingly, till the same be paid; and, if the parties cannot agree on the then existing value, it may be settled in the same manner, as in case of the redemption of mortgaged property.

after six years'

1821, 62, § 5.

SECT. 47. When any person shall make entry into lands or Remedy, if tentenements, of which the tenant, then in possession, or those under ant be ousted, whom he claims, have been in actual possession for the term of six possession. years or more, before such entry made upon him or them, against his or their consent, and shall withhold from such tenant the possession thereof, such tenant shall have a right to recover of him so entering, or of his executors or administrators, in an action of assumpsit for money laid out and expended, the increased value of the premises, by virtue of the buildings and improvements, made by the tenant, or those under whom he claims.

SECT. 48. Such right and value shall be ascertained by the How available. same principles, as regulate such right and value under the provis

ions of this chapter.

tions not affect

SECT. 49. All real actions, which shall be pending in court, Pending acor duly commenced, at the time this chapter shall become a law, ed by this chapshall proceed and be conducted to final judgment or other final ter. disposal, in like manner, as if this chapter had never been enacted.

SECT. 50. In all actions respecting lands or any interest therein, Cases, in which

CHAP. 145. any title deed, offered in evidence, may be impeached by the defendant, as obtained by fraud, where the grantor, if a party, could so impeach it; provided, the defendant has been in the open, peaceable and adverse possession of the premises for the term of twenty

defendant may
impeach the
plaintiff's title
deeds.
1810, 73.

years.

Certain actions
must be com-

menced within
six years.
1821, 62, § 7.
17 Mass. 61.
9 Greenl. 74.

15 Maine, 167.

4 Pick. 78. 9 Pick. 488.

21 Pick. 404. 22 Pick. 430.

CHAPTER 146.

OF LIMITATION OF PERSONAL ACTIONS.

SECT. 1. Certain actions must be com- SECT. 18. Limitation extended, in cases of

menced within six years.

2. Actions against sheriffs.

3. Actions of assault and battery, and
slander.

4. Actions for escapes.

5. Scire facias against bail.

6. Actions against indorsers of writs.
7. Exception of bank notes and wit-
nessed notes.

8. Exception of cases where a spe-
cific limitation is provided.

9. Case of open and mutual account.
10. Saving of rights of infants, and
certain others.

11. General limitation to twenty years.
12. Saving, in certain cases of failure
of suits.

13. Provision, in case of the death of
either party before the suit is com-
menced.

14. Saving, of rights of alien enemies,

during a war.

15. Limitation of suits by individuals,
for penalties.

16. Limitation of suits by the state, or

indictments on penal statutes.

17. What is a commencement of an
action.

fraud.

19. Renewal of promise must be in

writing.

20. New promise by one, not to de-
prive another joint promiser of
the benefit of the limitation.
21. Judgment, when the action is bar
red as to one defendant, and not
the others.

22. Non joinder of defendants shall

not abate a suit, if the action be barred against the one not sued. 23. Effect of indorsements of partial payments.

24. No promiser affected thereby, except those making the pay

ments.

25. Presumption of payment, after twenty years.

26. Application of this chapter to set offs.

27. This chapter not to affect promises heretofore made.

28. Provision, if defendant be out of the state.

29. Limitation of actions against executors and administrators.

SECTION 1. The following actions shall be commenced, within six years next after the cause of action shall accrue, and not afterwards, namely:

First. All actions of debt, founded upon any contract or liability not under seal, except such, as are brought upon the judg ment or decree of some court of record of the United States, or of this, or some other of the United States, or of some justice of the peace in this state;

Second. All actions upon judgments, rendered in any court, not being a court of record, except justices of the peace in this state; Third. All actions for arrears of rent;

Fourth. All actions of assumpsit, or upon the case, founded on any contract or liability, express or implied;

Fifth. All actions for waste and all actions of trespass on land,

and all actions of trespass, except those of trespass for assault, bat- CHAP. 146. tery and false imprisonment;

Sixth. All actions of replevin, and other actions for taking,

detaining or injuring goods or chattels ;

Seventh. All other actions on the case, except actions for slanderous words and for libels.

SECT. 2. All actions against a sheriff, except for escape of pris- Actions against oners committed on execution, for the negligence or misconduct of his deputies, shall be commenced within four years next after the cause of the action shall accrue.

SECT. 3. All actions of assault and battery and for false imprisonment, and all actions for slanderous words and for libels, shall be commenced within two years, next after the cause of action shall accrue. SECT. 4. All actions, for the escape of prisoners committed on execution, shall be actions on the case, and shall be commenced within one year after the cause of action shall accrue. SECT. 5. No scire facias shall be served on bail, unless within one year next after judgment rendered against the principal. SECT. 6. All actions against an indorser of a writ must be commenced within one year, next after judgment entered in the original action.

sheriffs.
1821, 62, § 16.
16 Maine, 408.

Actions of as

sault and battery, and slan

der.

1821, 62, § 7. Actions for escapes.

1834, 91, § 2.

Scire facias against bail. Actions against 1821, 67, § 8. indorsers of

writs.

bank notes and

SECT. 7. None of the foregoing provisions shall apply to any Exception, of action brought upon a promissory note, which is signed in the pres- witnessed ence of an attesting witness, nor to an action brought upon any notes. bills, notes or other evidences of debt, issued by any bank.

7 Greenl. 25. 4 Pick. 382. 8 Pick. 246. 1 Metc. 21. 16 Maine, 470.

1821, 62, § 10. 1838, 343.

cases where a

SECT. 8. Nor shall any of the provisions in this chapter be con- Exception, in strued to apply to any case or suit, which by any particular statute specific limitais limited to be commenced within a different specified time, but tion is provided. such suits may be commenced within such time. 1821, 62, § 14.

SECT. 9. In all actions of debt or assumpsit, brought to recover the balance due upon a mutual and open account current, the cause of action shall be deemed, to have accrued at the time of the last item proved in such account.

SECT. 10. If any person, entitled to bring any of the before mentioned actions, shall, at the time when the cause of action accrues, be within the age of twenty one years, a married woman, insane, imprisoned, or without the limits of the United States, such person may bring the actions within the times in this chapter respectively limited, after the disability shall be removed.

Case of open count.

and mutual ac

2 Mass. 217.

4 Greenl. 337. 6 Pick. 362.

Saving, ofrights
of infants, and
1821, 62, 69.
14 Mass. 203.
13 Maine, 397.

certain others.

10 Mass. 29.

11 Pick. 36.

SECT. 11. All personal actions on any contract, not limited by General limitaany of the foregoing sections, or any other law of the state, shall be tion to twenty brought, within twenty years after the accruing of the cause of action.

years.

failure of suits.

SECT. 12. When a writ shall fail of a sufficient service or return Saving, in cerby any unavoidable accident, or by the default or negligence of any tain cases of officer, to whom it was delivered or directed; or when such writ 1821, 62, § 11. shall be abated, or the action otherwise avoided and defeated, for 8 Greenl. 447. any matter of form, or by the death of either party; or, if a judg- 2 Pick. 605. ment for the plaintiff shall be reversed on a writ of error; in such 16 Pick. 383. cases, the plaintiff may commence a new action, on the same demand, within six months after the abatement or determination of

1 Fairf. 399.

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