months, then the limitation begins when the whole credit or the longer credit has expired.

SECTION VII.

THE STATUTE DOES NOT AFFECT COLLATERAL SECURITY.

It is important to remember that the Statute of Limitations does not avoid or cancel the debt, but only provides that "no action shall be maintained upon it" after a given time. Therefore, it does not follow that no right can be sustained by the debt, although the debt cannot be sued. Thus, if one who holds a common note of hand on which there is a mortgage or pledge of real or of personal property, without valid excuse neglects to sue the note until after the limitation, he can never bring an action upon that note; but the pledge or mortgage is as valid and effectual as it was before; and, as far as it goes, his debt is secure; and for the purpose of realizing this security, by foreclosing a mortgage, for example, he may have whatever process is necessary, although he cannot sue the note itself. And the debtor cannot redeem the property pledged or mortgaged except by payment of the debt.

ABSTRACT OF THE STATUTES OF LIMITATIONS.

ALABAMA.-Judgments of courts of records, twenty years. Actions to recover real property, contracts or writings under seal, actions against sheriffs, coroners, constables, and other public officers, for malfeasance in office, ten years. Trespass to the person or real or personal property, detention or conversion of personal property, all promises and writings not under seal, actions for recovery of loan or on an account stated, actions for the use and occupation of land, actions against sureties of public officers, and sureties of executors, administrators, and guardians, and judgments of justices of the peace, and actions on simple contract or specialty not specifically enumerated, six years. Certain actions on equities of redemption in lands sold by decree of court, five years. Actions against surety to writ of error, appeal bond, etc., or except on those given in courts of the State, four years. Actions on open or unliquidated account to be computed from date of last item, or time when account was due, three years. Actions by personal representative for death of testator or intestate, two years. Malicious prosecutions, criminal conversation, seduction, breach of promise, and libel and slander, actions for statutory penalties, actions for damages for personal injury or death of a minor under statute, all other actions for injury to person or rights not arising from contract, one year. Persons under disability have three years after the removal of the same in which to sue or defend, but action must be brought within twenty years. Period of defendant's absence from the State

is not included. Part payment or unconditional promise in writing only will revive cause of action.

ALASKA. — Actions for the recovery of real property, upon a sealed instrument, upon a judgment ten years; on contract, or upon a statutory liability, except for a penalty or forfeiture, for waste or trespass upon real property, six years; against a marshal, coroner, or constable officially, except for an escape, for statutory penalty or forfeiture, three years; for libel, slander, assault, battery, seduction, false imprisonment, injury to person, two years; for escape, one year. Cause of action upon open, mutual and current account is deemed to have accrued at the date of the last item. Time during which a defendant is absent from the Territory is not a part of the time limited. Persons under a disability must commence suit within two years after the removal of the same. Acknowledgment in writing by the party to be charged takes the case out of the statute.

ARIZONA.

Actions to recover real estate held under recorded title, on domestic judgments, five years. Where real estate is held under color of title, action in three years; held under recorded title, cultivated, used and enjoyed, action in ten years. Actions on bond to convey real estate, partnership accounts, and accounts between merchant and merchant, judgments rendered without the Territory, or upon an instrument in writing executed outside the Territory, actions for debt founded upon a contract in writing, actions upon the bond of an administrator, etc., actions for the specific performance of contracts for the conveyance of real estate, and all other actions where no provision made, four years. Actions on contracts not in writing and on stated or open accounts, three years. Trespass, trover, and conversion, and claim and delivery of personal property, injury to person resulting in death, two years. Actions for injury to the person, malicious prosecution, false imprisonment, libel, slander, seduction, breach of promise, one year. Limitation is suspended during absence from the Territory. New acknowledgment or promise must be in writing. Persons under a disability shall have the same time after the removal thereof.

ARKANSAS. Actions to recover real property, seven years. But persons under legal disabilities may bring their action within three years after the removal of such disability. Judgments, ten years. Actions on bonds of executors and administrators, eight years; on official bonds of sheriffs, coroners, and constables, four years. Promissory notes and other instruments in writing, including those under seal, five years. Contracts not in writing, trespass on lands, libels and actions for taking or injuring goods and chattels, three years. Actions against sheriffs and coroners except for escape, two years. Actions for criminal conversation, assault and battery, false imprisonment, slander, actions against sheriffs for escape, one year; all other causes of action, five years. Suits on mortgages must be brought before the debt secured thereby is barred. In all cases except actions to recover real property, the limitation in regard to persons under disabilities begins to run from the removal of the same. In actions on an account current, the cause of action accrues from the last item proved in the account. Any new promise must be in writing, and signed by the party to be charged. Actions which survive may be brought by and against executors and administrators within one year from the death of the party, or the granting letters testamentary or of administration. Any action failing for any cause not affecting the right of action may be recommenced within one year after such failure.

CALIFORNIA. - Actions to recover real property or mesne profits of same, five years. Judgments of courts of record, five years. On contracts, obligations, or liabili ties founded on an instrument in writing executed in the State, four years. Actions on statute liabilities, other than penalties and forfeitures, trespass on real estate, trover, detinue, and replevin, actions in case of fraud, the time beginning to run from discovery of the same, three years. Contracts not in writing or on written instruments executed out of the State, and actions against sheriffs, coroners, and constables, for acts done in official capacity, except for escapes, two years. Actions for statute penalties or forfeitures or for an undertaking in a criminal action, libel, slander, assault, battery, false imprisonment, seduction, actions against sheriffs and constables for escapes, action against a municipal corporation for damages caused by a mob or riot, actions for personal injury due to the wrongful act

or negligence of another, and actions against banks for payment of a forged or raised check, one year. Action for property seized by tax collector, six months. All other actions must be commenced within four years. There is no limitation to actions against a bank or trust company for the recovery of deposits. In actions on mutual, open, and current accounts, the cause of action is deemed to have accrued from the last item proved on either side. The time of limitation is not to run against persons out of the State. The limitation in case of persons under disabilities at the time of accrual of right begins to run from the removal of the same. New promise to revive action must be in writing.

COLORADO.-Actions for recovery of real property, twenty years. In case of actual possession under connected chain of title, seven years. Persons under disability are allowed two years after removal of disability. Persons in possession under color of title for seven years and payment of taxes, or in case of unoccupied land after seven consecutive years' payment of taxes, are deemed owners to extent of paper title. Actions on contracts, express or implied, judgments of courts not of record, rent, waste and trespass on land, taking, detaining, or injuring personal property and assumpsit, six years. Actions concerning water rights, four years. Actions for injury or death of employe, two years. Assault and battery, false imprisonment, slander, libel, actions against sheriffs or coroners, except for escapes, one year. Escapes, six months. All other personal actions, three years. Limitations in case of persons under disabilities begin to run from date of removal of same. When the cause of action accrued out of the State on a contract, judgment, or sealed instrument, action must be brought within six years of the time it accrued. If cause of action accrued out of the State more than six years before, and was there put in judgment more than three months before action brought here, statute may be pleaded in bar if defendant is a bona fide resident, and may be pleaded upon any judgment or decree rendered in any Court out of the State against a bona fide resident of the State upon any debt, contract, or liability barred in this State by Statute of Limitations.

CONNECTICUT. -Actions to recover real property, fifteen years. But persons under legal disabilities may bring such action within five years after removal of the disability. Suits on contracts under seal and promissory notes not negotiable, seventeen years; and persons under disabilities, within four years after removal of the same. Actions on all simple contracts, book debts, debt on simple contract, contracts in writing not under seal, except notes not negotiable, six years. Persons under disabilities, three years after removal of the same. In cases of settlement of partnership, or joint occupancy of real or personal estate or joint accounts, courts will take into consideration all the joint transactions since the time of the last settlement, though more than six years have elapsed since said settlement. Except the cases mentioned above, an action founded on any express contract or agreement not reduced to writing, actions of trespass, or slander, must be brought within three years. Actions for damages for loss of life from negligence, one year from the date of the negligence complained of. Actions for damage to person or property caused by negligence of municipality, railway, or street railway company may be brought within one year; provided that no such action may be brought against a tramway or railroad company unless proper notice of the injury is given within four months of date of injury. Any action properly begun, and failing for a cause not affecting the right of action, may be recommenced within one year after such failure, except actions against executors and administrators, which may be begun again within six months. When cause of action is fraudulently concealed, the limitation shall begin to run from discovery of the right of action by the person entitled.

DELAWARE. Real actions, actions on sealed instruments and judgments, twenty years; but persons under disabilities may bring a real action

within ten years from removal of the same. On official bonds of sheriffs, executors, and administrators, and actions on promissory notes, bills, and acknowledgments in writing, six years. On guardian's bonds, three years from determination of guardianship. Trespass, replevin, detinue, debt others than specialty, account, assumpsit, and case, three years. Personal injury, one year. Time of defendant's absence from the State is not included. In mutual and running accounts, the limitation does not begin to run while the account is open. Persons under disabilities may begin personal actions within three years after removal of disability.

DISTRICT OF COLUMBIA. - Actions on bill, bond, judgment, or other specialty, twelve years. Actions upon simple contracts, including bills of exchange and notes not under seal, book debt or account, debt, detinue and replevin and trespass to real estate, three years. Slander, trespass, assault and battery, wounding, and imprisonment, one year. Persons under disability have the same time after removal of the same.

FLORIDA. — Real actions against person claiming under color of title, seven years; in other cases, twenty years. Domestic judgments, and writings under seal, twenty years. Foreign judgments, seven years. Writings not under seal, five years. Statute liabilities other than penalties and forfeitures, trespass on real property, trover, detinue, and replevin, and contracts not in writing, except an open account for goods, wares, and merchandise, action for relief on ground of fraud, three years. Statute penalties and forfeitures, libel, slander, assault, battery, false imprisonment, and actions on open accounts, two years. Action for articles charged in a store account and those for causes other than those above-mentioned, four years. In actions to recover a balance due on mutual, open, and current accounts, the cause of action is deemed to have accrued from the date of the last item proved on either side. New promise must be in writing. Persons under a disability may within seven years after the removal thereof begin real actions.

GEORGIA. —Actions to recover real property, twenty years; but if defendant claim under written evidence of title, seven years; foreign judgments, five years; domestic judgments, seven years. Sealed instruments, and actions to enforce rights accruing under statutes, acts of incorporation or by operation of law, twenty years. Contracts in writing, including bills and notes, six years. Open accounts and contracts not in writing, trespass on realty, or personalty, four years. Injuries to person, except libel and slander, two years. Libel and slander, one year. Limitations in case of persons under disabilities begin to run from the removal of the same. Any new promise must be in writing. The time of limitation is not to run in favor of persons out of the State.

IDAHO. — Judgments and actions for mesne profits of real estate, six years. Contracts and obligations in writing, five years; those not in writing, four years. Statute liabilities other than penalties and forfeitures, trespass on real estate, taking, detaining, or injuring goods and chattels, and actions for relief on the ground of fraud or mistake, three years. Actions against officers for seizing, detaining, or injuring property, actions for penalty or forfeiture, on a statute or undertaking in a criminal case, to recover damages for death, for libel, slander, assault and battery, false imprisonment, seduction, or escape, two years. A cause of action barred in the State or Territory where it arose is barred here.

ILLINOIS. — Actions to recover real property, and judgments of a domestic court of record twenty years; but seven years residence with connected record title, or seven years actual possession under claim and color of title and payment of all taxes legally assessed, or in the case of unoccupied

land, seven years, payment of taxes made in good faith under claim and color of title, constitutes ownership to the extent of the paper title. Bonds, promissory notes, bills, written leases, written contracts, and other indebtedness in writing, judgments of a domestic court not record, and suits for foreclosure of mortgages, ten years. Unwritten contracts, judgments of a foreign court of record, awards of arbitration, damages to real or personal property, detinue, and trover, and all civil actions not otherwise provided for, five years. Injuries to person, false imprisonment, malicious prosecution, statutory penalties, abduction, and seduction, two years. Slander and libel, one year. Actions against the representatives of deceased persons, one year from issuing letters testamentary or of administration. Persons under disabilities may bring real or personal actions within two years from the removal of the same. If any person, liable to an action, conceals the same, the statute begins to run from date of the discovery. Any action defeated for any cause not affecting the right of action may be begun again within one year from such defeat. New promise must be in writing. The time of debtor's absence from the State is not included in the period of limitation.

INDIANA. - Real actions, judgments of a court of record and contracts in writing, other than those for the payment of money, twenty years. Promissory notes, bills of exchange, and other written contracts for the payment of money, ten years. Accounts and contracts not in writing, use, rents, and profits, of real estate, injuries to property, trover, replevin, actions for relief against fraud, and for money collected by a public officer, six years. Injuries to person or character, statutory penalties, and indentures of apprenticeship, two years. Actions for the recovery of real property sold on execution, brought by the debtor or any person claiming under him, by title acquired after judgment, ten years from sale; for real property sold by executors, etc., on a judgment, by a party to the judgment or persons claiming under him, subsequent to the judgment, five years after confirmation of sale. Actions not specially limited by statute, fifteen years. Time of debtor's absence from the State not included. In mutual, open, and current accounts, the cause of action is deemed to have accrued from date of last item proved. Persons under disabilities at the time of accrual of right may bring their action within two years after removal. An action failing for a cause not affecting the right other than plaintiff's negligence, may be recommended within five years. New promise must be in writing.

IOWA. Judgments of court of record, twenty years. Real actions, judgments other than of courts of record and written contracts, ten years. Contracts not in writing, and injuries to property, fraud, and all other actions not otherwise provided for, five years. Actions against sheriffs and public officers, three years; injuries to person or reputation, and statute penalties, two years. In open accounts, the cause of action accrues from the date of the last item proved. In all cases where by the death of a party an action against his estate is delayed beyond the limitation, such limitation shall be extended six months from such death. In the case of larceny by an administrator, executor, or guardian, statute does not begin to run until the settlement of the estate or the attainment of majority by the ward, as the case may be. Persons under disabilities may begin action within one year from the removal of the same. New promise or acknowledgment must be in writing. Period of debtor's non-residence in the State not included but actions barred where debtor has previously resided, are barred here.

KANSAS. Actions for recovery of land sold on execution, or by administrators, etc., by order of the court, or for taxes, five years from the recording of the deed, other real actions, fifteen years; but persons under disabilities may bring action within two years after removal. Contracts and