Page images
PDF
EPUB

years. All actions for the recovery of the title or possession of lands, tenements or hereditaments can only be brought within twenty-one years after the cause of such action shall have occurred.

Within five years.—All civil actions other than for the recovery of real property, such as actions upon a speciality, or any agreement, contract or promise in writing, or foreign judgment.

Within four years.-All actions upon a contract not in writing, expressed or implied; an action upon a liability created by stat ute other than a forfeiture or penalty.

Within four years.-Actions for trespass upon real property; actions for taking, detaining or injuring personal property, in cluding actions for the specific recovery of personal property; actions for an injury to the rights of the plaintiff, not arising on contract, and hereinafter enumerated; actions for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have occurred until the discovery of the fraud.

Within one year.-All actions for libel, slander, assault and battery, malicious prosecution or false imprisonment; actions upon a statute for a penalty or forfeiture; but where the statute giving such action presents a different limitation, the action may be brought within the period so limited.

NEVADA.-Actions which must be commenced within ten years after the cause of action accrued.-All claims for the recovery of lands, or the issues or profits thereof.

Within five years.—All actions upon a judgment, or decree, of any court of the United States, or of any State, or Territory, within the United States.

Within four years.-All actions upon any contract, obligation, or liability, founded upon an instrument of writing.

Within three years. All actions upon a liability created by statute, other than a penalty, or forfeiture; all actions for trespass upon real property; all actions for taking, detaining, or injuring, any goods or chattels, including actions for the specific recovery of personal property; all actions for relief, on the ground of fraud, 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.

Within two years.—All actions upon a contract, obligation, or liability, not founded upon an instrument of writing; all actions against a Sheriff, Coroner, or Constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payraent of money collected upon an execution; all actions for libel, slander, assault, battery, or false imprisonment; all actions upon a statute for a forfeiture, or penalty, to the people of this Territory; all actions against a Sheriff, or other

officer, for the escape of a prisoner arrested or imprisoned on civil process; all actions on an open account for goods, wares, and merchandise, sold and delivered, and for any article charged in a store account.

COLORADO.-Actions which must be commenced within six years, next after the cause of action shall accrue, and not afterwards: Ali actions of debt founded upon any contract or liability in action; all actions upon judgments rendered in any court, not being a court of record; all actions for arrears of rent; all actions founded on any contract or liability, express or implied; all actions for waste, and for trespass on land; all actions of replevin, and all other actions for taking, detaining, or injuring, goods or chattels; all other actions on the case, except actions for slanderous words, and for libels.

Within one year.-All actions for assault and battery, and for false imprisonment, and all actions for slanderous words, and for ibels.

Within six months -All actions against Sheriffs, or other officers, for the escape of persons imprisoned on civil process.

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.

All personal actions, on any contract not limited by the foregoing sections, or by any other law in this Territory, shail be brought within three years after the accruing of the cause of action, and not afterwards.

WASHINGTON.---Actions which must be brought within twenty years.--All actions for the recovery of real estate, or for the re covery of the profession thereof.

Within six years. All actions upon a judgment or decree o any court of the United States, or of any State or territory within the United States; all actions upon a contract in writing, or lia bility, express or implied, arising out of a written agreement; all actions for the rents and profits, or for the use and occupation of real estate

Within three years.--All actions for waste or trespass upon real property; all actions for taking, detaining or injuring person al property, including actions for the specific recovery thereof, or for any other injury to the person or rights of another, not herein. after enumerated; actions upon all contracts, express or implied, which are not in writing, and do not arise out of any written instrument; all actions for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued un til the discovery by the aggrieved party of the facts constituting the fraul; all actions against a sheriff, coroner or constable, for

non-payment of money collected upon an execution; all actions for seductions and breach of marriage contract.

Within one year.-All actions for libel, slander, assault, assault and battery, and false imprisonment; all actions upon a statute for a forfeiture or penalty to the territory; all actions for relief, not hereinbetore provided for, shall be commenced within two years after the cause of action shall have accrued. In all actions brought to recover a balance due upon a mutual, open, and current account the cause of action shall be deemed to have accrued from the time of the last item, proved in the account on either side.

An Act to prevent fraud and fraudulent practices upon or by Hotel-keepers and Inn-keepers.

Passed by N. Y. Legislature April 23, 1867; Amended April 27, 1872.

SEC. 1. Every person who shall at any hotel or inn order and receive, or caused to be furnished, any food or accommodation, with intent to defraud the owner or proprietor of such hotel or inn out of the value or price of such food or accommodation; and every person who shall obtain credit at any hotel or inn by the use of any false pretense or device, or by depositing at such hotel or inn any baggage or property of value less than the amount of such credit, or of the bill by such person incurred; and any person who, after obtaining credit or accommodation at any hotel or inn, shall abscond from such hotel or inn, and shall surreptitiously remove his baggage or property therefrom, shell, upon conviction, be adjudged guilty of a mi-demeanor.

SEC. 2. Every keeper of a hotel or inn, shall post into public and conspicuous place, in the office or public room and in every bedroom in said house a printed copy of this ac: and a statement of the charges or rate of charges by the day, and for meals furnished, and for lodging. No charge or sum shall be collected or received by any such person for any service not actually delivered or for a longer time than the person so charged actually remained at such place. Fo any violation of this section, or of any provision herein contained, the offender shall forfei: to the injured party three times the amount so charged, and shall not be entitled to receive any money for the neals, services, Of time charged.

Lot passed by N. Y. Legislature, May 15th, 1876.-The keeper of a boardinghouse shall have the same lien upon and right to detain the baggage and effects of any boarder to the same extent and in the same manner as inn-keepers have such lien and right of detention; but nothing herein shall be deemed to give any boarding-ho ise keeper any lien upon or right to detain any pro, erty the title to which shall not be in such boarder.

LIEN LAWS.

MAINE. All mechanics working on a vessel finished, or on the stocks, shall have a lien on such vessel until four days after such vessel is launched and ready for sailing, and may secure the same by attachment, which takes precedence of other attachments.

Any person performing labor, or furnishing materials for erecting, altering, or repairing any house or other building, by order of the owner thereof, shall have a lien upon the same for ninety days from the time such payments become due, to secure the payment for such labor or materials. He may secure the same oy attachment, which takes precedence of all others.

NEW HAMPSHIRE.-Any person performing labor on a building, or furnishing materials for the construction, repairing, or altering the same, shall have a lien thereon for the space of sixty days after the payment of said labor or materials shall become due for such contracts, providing the order or contract for the same is in writing, and a true copy thereof left with the town clerk. Such lien may be secured by an attachment, which shall have precedence of all other attachments, except there be a prior mortgage on the land on which the house is situated, in which case the prior mortgage has the preference.

Any person furnishing labor or materials for the construction, altering, or repairing of a vessel, shall have a lien therefor on such vessel for the space of four days after such vessel is finished This lien may be secured by attachment, which shall take precedence of all attachments, except a lien for mariners' wages.

Any person, to whom any horses, cattle, sheep, or other domestic animals, shall be entrusted to be pastured or boarded, shall have a lien upon said animals for all proper charges due for such pasturing or board, until said person voluntarily relinquishes the possession of said animals, and any person, to whom said animals shall be so entrusted, may detain the same until payment of tender of the amount due for such pasturing or board.

VERMONT.-Any person who shall perform any labor, or furnish any materials in this State for or towards the building, repairing, fitting, or furnishing any ship, vessel, or steamboat, shall have a lien on the same for his wages and materials so furnished, until eight months after such vessel or steamboat shall be completed, and may secure the same by attachment on such ship, vessel or steamboat, which attachment shall have precedence of all other attachments and claims.

Before such lien shall attach or be in force, such person shall have a just and legal claim for his services performed, or materials furnished, as aforesaid, and shall demand payn ent of the same of the owner, agent, contractor, or person in whose care such ship, vessel, or steamboat may be; and in case such person.

naving a lien as aforesaid, shall demand more than is due to him, such owner, agent, contractor or person in whose care such ship, vessel, or steamboat may be, may tender or pay to such person the just and full amount due him for his labor or materials furnished as aforesaid, and fully and absolutely discharge such lien.

When any contract or agreement shall hereafter be made, whether in writing or not, for erecting, repairing, or altering any house or other building in this State, or for furnishing labor or materials for the purposes aforesaid, the person proceeding in pursuance of such contract or agreement shall have a lien to secure the payment of the same upon such house or building, and the lot of land on which the same stands; and the lien hereby created shall continue in force for the space of three months from the time when payment shall become due for the work, labor, or materials furnished as aforesaid: Provided, however, that no lien shall attach thereto until the person claiming the lien shall have filed and caused to be recorded, in the town clerk's office of the town where such house or other building is situated, a written memorandum, by him signed, asserting such claim, which shall be sufficient to charge such real estate with such lien agreeably to the provisions of this chapter.

Within three months after payment shall become due to him under such contract, such person may commence his action for the same, and cause said house or other building to be attached thereon in due course of law; and if he shall obtain judgment in the suit so instituted, the record of such judgment shall embrace a brief statement of the contract upon which the same was founded: and the plaintiff may, within five months after the date of such judgment, cause a certified copy of the record of such judgment to be recorded in the town clerk's office of the town where such house or other building is situated; and such house or other building shall be thereupon holden for the amount due upon such judgment, together with the costs of the copy of the record of the judgment and recording, in the same manner as if it had been mortgaged for the payment of the same, from the time the copy of the contract and declaration were lodged in the town clerk's office as herein provided; and the plaintiff shall have the same remedy to obtain possession, and to foreclose the defendant's equity of redemption, and perfect his own title, as in case of a mortgage.

Machinery attached to or used in any shop, mill, printing office, or factory, may be hereafter mortgaged by deed, executed, acknowledged, and recorded in the same manner as deeds of real estate; and when so executed, acknowledged, and recorded, shall have the same effect.

Mortgages of such machinery may be assigned, discharged,

« PreviousContinue »