3. Imprisoned on a criminal charge or in execution upon conviction of a criminal offense, for a term less than life;

The time, not exceeding twenty (20) years, during which such disability continues is not deemed any portion of the time in this Chapter limited for the commencement of such action, or the making of such entry or defense, but such action may be commenced, or entry or defense made, within the period of five (5) years after such disability shall cease, or after the death of the person entitled, who shall die under such disability; but such action shall not be commenced, or entry or defense made, after that period. [Enacted 1953.]

CHAPTER III

Time of Commencing Actions Other Than for Recovery of Real Property

§ 346.

§ 347.

Action to redeem mortgage without account of rents and profits.
Same, where there are two or more such mortgages.

§ 348. No limitation to certain actions; not applicable to banks, etc.

§ 335. Periods of limitation prescribed. The periods, prescribed for the commencement of actions other than for the recovery of real property, are as follows: [Enacted 1953.]

§ 336. Within five years

1. An action upon a judgment or decree of any court of the United States or of any state within the United States.

2. An action for mesne profits of real property. [Enacted 1953.]

$337. Within four years

1. An action upon any contract, obligation, or liability founded upon an instrument in writing.

2. An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated; (3) a balance due upon a mutual, open, and current account; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date

of said item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. [Enacted 1953.] [Blas v. Talabera (1963) 318 F.2d 617.]

§ 338. Within three years—

1. An action upon a liability created by law other than a penalty or forfeiture;

2. An action for trespass upon or injury to real property;

3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property;

4. An action for relief on the ground of fraud or mistake. 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 or mistake. [Enacted 1953.]

§ 339. Within two years—

1. An action upon a contract, obligation, or liability not founded upon an instrument of writing other than that mentioned in subdivision 2 of § 337 of this Code; or an action founded upon a contract, obligation, or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insurance; provided, that the cause of action upon a contract, obligation, or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance, shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder. [Enacted 1953.]

§ 340. Within one year

1. An action upon a law for a penalty or forfeiture, when the action is given to an individual, or to an individual and the government, except when the law imposing it prescribes a different limitation.

2. An action upon a law or upon an undertaking in a criminal action, for a forfeiture or penalty to the government of Guam.

3. An action for libel, slander, assault, battery, false imprissonment, seduction, or for injury to, or for the death of, one caused by the wrongful act or neglect of another, or by a depositor against a bank for the payment of a forged or raised check, or a check that bears a forged or unauthorized endorsement. [Enacted 1953.] [See Pederson v. U.S. (1961) 191 F.Supp. 95.]

§ 341. Within six months. - An action against an officer, or officer de facto:

1. To recover any goods, wares, merchandise, or other property seized by such officer in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise, or other personal property so seized, or for damages for the seizure, detention, sale of, or injury to any goods, wares, merchandise, or other personal property seized, or for damages done to any person or property in making any such seizure.

2. To recover stock sold for a delinquent assessment, as provided in § 339 of the Civil Code.

3. To set aside or invalidate any action taken or performed by a majority of the trustees of any corporation heretofore or hereafter dissolved by operation of law, including the revivor of any such corporation. [Enacted 1953.]

§ 343. Actions for relief not hereinbefore provided for. An action for relief not hereinbefore provided for must be commenced within four (4) years after the cause of action shall have accrued. [Enacted 1953.]

§ 344. Where cause of action accrues on mutual account. In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account on either side. [Enacted 1953.]

§ 345. Time for commencement of actions. The limitations prescribed in this Chapter apply to actions brought in the name of the government or for the benefit of the government, in the same manner as to actions by private parties, except that actions for the recovery of money due on account of the support of patients in hospitals may be commenced at any time within four (4) years after the accrual of the same. [Enacted 1953.]

§ 346. Action to redeem a mortgage without account of rents and profits. An action to redeem a mortgage of real property, with or without an account of rents and profits, may be brought by the mortgagor or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an ad

verse possession of the mortgaged premises for five (5) years after breach of some condition of the mortgage. [Enacted 1953.]

§ 347. Same, where there are two or more such mortgages. If there is more than one such mortgagor, or more than one person claiming under a mortgagor, some of whom are not entitled to maintain such an action under the provisions of this Chapter, any one of them who is entitled to maintain such an action may redeem therein a divided or undivided part of the mortgaged premises, according as his interest may appear, and have an accounting for a part of the rents and profits proportionate to his interest in the mortgaged premises, on payment of a part of the mortgage money, bearing the same proportion to the whole of such money as the value of his divided or undivided interest in the premises bears to the whole of such premises. [Enacted 1953.]

§ 348. No limitation to certain actions; not applicable to banks, etc. To actions brought to recover money or other property deposited with any bank, banker, trust company, building and loan association, or savings and loan society there is no limitation.

This section shall not apply to banks, bankers, trust companies, building and loan associations, and savings and loan societies which have become insolvent and are in process of liquidation and in such cases the statute of limitations shall be deemed to have commenced to run from the beginning of the process of liquidation; provided, however, that nothing herein contained shall be construed so as to relieve any stockholder of any banking corporation or trust company from such stockholders' liability as shall, at any time, be provided by law. [Enacted 1953.]

§ 353.

§ 354.

§ 355.

§ 356.

§ 357.

Provision where person entitled dies before limitation expires.
In suits by aliens, time of war to be deducted.
Provision where judgment has been reversed.
Provision where action is stayed by injunction.
Disability must exist when right of action accrued.
§ 358. When two or more disabilities exist, etc.

§ 359. This Title not applicable to actions against directors, etc. Limitations in such cases prescribed.

§ 360.

Acknowledgment or new promise must be in writing.

§ 361.

§ 362.

Limitation laws of the United States and foreign countries, effect of.
Existing causes of action not affected.

§ 363. Word "action" construed, how.

§ 350. When an action is commenced. An action is commenced within the meaning of this Title, when the complaint is filed. [Enacted 1953.]

§ 351. Exception, where defendant is out of Guam. If, when the cause of action accrues against a person, he is out of Guam, the action may be commenced, within the term herein limited, after his return to Guam, and if, after the cause of action accrues, he departs from Guam, the time of his absence is not part of the time limited for the commencement of the action. [Enacted 1953.]

§ 352. Exception, as to persons under disabilities. If a person entitled to bring an action, mentioned in Chapter III of this Title, be, at the time the cause of action accrued, either: 1. A minor;

2. Insane; or,

3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than for life; or 4. A married woman, and her husband be a necessary party with her in commencing such action;

The time of such disability is not a part of the time limited for the commencement of the action. [Enacted 1953.]

§ 353. Provision where person entitled dies before limitation expires. If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his representative, after the expiration of that time, and within six (6) months from his death. If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his representatives, after the expiration of that time, and within one (1) year after the issuing of letters testamentary or of administration. [Enacted 1953.] [EDITOR'S NOTE: Federal Rule Civil Procedure 25 provides that substitution of parties must be within 90 days of suggestion of death on the record.]