Page:United States Statutes at Large Volume 31.djvu/387

FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 335 virtue of his office; or by the omission of an official duty, including the non ayment of money_collected upon an execution. But thi section shagl not apply to an action for an escape; · Second. An action upon a statute for penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the United States, except where the statute imposing it prescribes a different limitation. `Sec. 8. Within two years- - Within two Yem- First. An action for libel, slander, assault, battery, seduction, false imprisonment, or for any injury to the person or rig ts of another not arising on contract and not herein especially enumerated; ` Second. An action upon a statute for a forfeiture or penalty to the United States. · _ Sec. 9. Within one gear- w’“““ °“° Y"'- An action against the marshal or other officer for the escape of a person arreste or imprisoned on civil process. Sec. 10. An action upon the statute for the penalty given in whole A¤¤°¤¤f°¤ r>¤¤¤*·1*Y· or in part to the person who will prosecute for the same shall be com— menced within one year after the commission of the offense; and if the r action be not commenced within one year by a private party, it may be commenced within two years thereafter, in behalf of the United States, by the district attorney. . · Sec. 11. An action for any cause not hereinbefore rovided for shall A¤§j1¤¤5Sf¤¤t b¢f¤¢¢ be commenced within ten years after the cause ofp action shall have mm ° °r' accrued. ’ ‘ g ‘ _ Sec. 12. In an action brought to recover a balance due upon a _When cause of ucmutual 0 en, and current account, where there have been reciprocal ¥§§?,Y,Y,$“f§{}p°° °m` demands Eetween the parties, the cause of action shall be deemed to have accrued from the date of the last item proved in the account on either side; but whenever a period of more t an one year shall elapse between any of a series of items or demands, they are not to be deemed such an account. `V _ S Sec. 13. The limitations prescribed in this chapter shall a ply to uLi¤=gw¢i<>,¤;§ ecactions brought in the name of any public corporation in the district, ra(h1:ns?ypu ° MW or for its benefit, in the same manner as to actions by private parties. Sec. 14. An action shall be deemed commenced when the complaint gVh¤¤¤¢;{g¤d¤¤mM is filed and the summons issued. , ° mmimc ' Sec. 15. .If, when the cause of action shall accrue against any per— d1g¤¤§1>tig¤; tWf¤gh¤ son who shall be out of the district or concealed therein, such action aiogiooin 0 0 8 may be commenced within the terms herein res ectively limited, after the return of such person into the district or the time of his concealment; and if, after such cause of action shall have accrued, such person shall depart from and reside -out of this district, or conceal himself, the time of his absence or concealment shall not be deemed or taken as any part of the time limited for the commencement of such action. Sec. 16. If any person entitled to bring an action mentioned in this ofE>;g§g£¤§gggr{;;g{ chapter, or to recover real property, or for a penalty or forfeiture, aniibnny. or against a marshal or other officer for an escape, be at the time the cause of action accrued, either- . — First. Within the age of twenty-one years; or Second. Insane; or Third. Imprisoned on a criminal charge, or in execution under sentence of a court for a term less than his natural life. _ __ The time of such disability shall not be a_ part of the time limited for the commencement of the action, but_the period within which the action shall be brought shall not be extended in any case longer than two years after such disability ceases. . Sec. 17. If a person entitled to bring an action die before the ex i- Provisions wh_en ration of the time limited for the commencement thereof, and the E§;‘Z$§ti$§“§‘§i§?n.gi° cause of action survive, an action may be commenced by his personal