§74. Within one year:
1. An action against a sheriff or other officer, for the escape of a prisoner arrested, or imprisoned1 on civil process.
§75. In an action brought to recover a balance due upon a mutual2, open and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued4 from the time of the last item in the account, on the adverse5 side.
§76. An action upon a statute6 for a penalty or forfeiture7, given in whole or in part to any person who will prosecute8 for the same, must be commenced with-in one year after the commission of the offence, and if the action be not commenced within the year, by a private party, it may be commenced within two years thereafter, in behalf of the people of this state, by the attorney-general, or the district attorney of the county where the offence was committed.
§77. An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.
§78. The limitations prescribed in this title shall apply to actions brought in the name of the people of this state or for their benefit, in the same manner as to actions by private parties.
§79. An action shall not be deemed commenced, within the meaning of this title, unless it appear:
1. That the summons or other process therein was duly served upon the defendants10, or one of them; or
2. That the summons was delivered, with the intent that it should be actually served, to the sheriff of the county in which the defendants, or one of them, usually or last resided; or, if a corporation be defendant9, to the sheriff of the county in which such corporation was established by law, or where its general business was transacted11, or where it kept an office for the transaction of business.
§ 80. If, when the cause of action shall
accrue3 against a person, he be out of the state, the action may be commenced within the term herein limited, after his return to the state; and if, after the cause of action shall have accrued, he depart from and reside out of the state, the time of his absence shall not be part of the time limited for the commencement of the action.
§81. If a person entitled to bring an action, except for a penalty or forfeiture, or against a sheriff or other officer for an escape be at the time the cause of action accrued, either:
1. Within the age of twenty-one years; or,
2. Insane; or,
3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life; or,
4. A married woman: The time of such disability shall not be part of the time limited for the commencement of the action.
§82. If a person entitled to bring an action, die before the
expiration12 of the time limited for the commencement thereof, and the cause of action survive, his representatives may commence the action, after the expiration of that time, and within one year from his death.
§83. When a person shall be an alien, subject or citizen of a country at war with the United States, the time of the continuance of the war shall not be part of the period limited for the commencement of the action.
§84. If an action shall be commenced within the time prescribed therefor, and a judgment13 therein for the plaintiff be reversed, on appeal, the plain-tiff, or if be die and the cause of action survive, his heirs or representatives may commence a new action within one year after the reversal.
§85. When the commencement of an action shall be stayed by injunction, the time of the continuance of the injunction shall not be part of the time limited for the commencement of the action.
§86. No person shall avail himself of a disability, unless it existed when his right of action accrued.
§87. When two or more disabilities shall exist, the limitation shall not attach until they all be removed.
§88. This title shall not affect actions to enforce the payment of bills, notes, or other evidences of debt issued by moneyed corporations, or issued or put in circulation as money.
§89. This title shall not affect actions against directors or stockholders of a moneyed corporation, to recover a penalty or forfeiture imposed, or to enforce a liability created by the second title of the chapter of the Revised Statutes14, entitled "Of Incorporations;" but such actions must be brought within six years after the discovery, by the aggrieved15 party, of the facts upon which the penalty or forfeiture attached, or the liability was created.
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