Effect of Marriage upon the Title to the Wife's Property. creditor proves that, at the time of making said payment or giving said security, the debtor had reasonable and sufficient cause to believe himself insolvent. (a) 8. Effect of Marriage upon the title to the Wife's Property. Contract before marriage that the wife may hold her property independent of her husband. The parties to an intended marriage may previously enter into a contract that the wife shall hold the whole or any part of her estate independently of her husband: such contract to contain a clear schedule of said estate, and to be recorded, before the marriage, or within ninety days thereafter, in the registry of deeds for the county where the husband resides at the time of the record, or if he be not a resident of Massachusetts, in the registry of deeds of the county where the wife resides at the time of such record, if made before the marriage, or where she last resided, if made after the marriage said contract to be void, if not so recorded. Conveyance, devise, or bequest of property to a married woman, for her sole use, without a trustee: effect of not recording the same, &c.—A married woman may receive a conveyance, devise, or bequest of any estate, to be held independently of her husband, without the intervention of a trustee; such estate to be liable to attachment by a creditor of the husband, unless such grant or conveyance be recorded within ninety days from its delivery in the registry of deeds for the county where the grantor then resides, or if he do not reside in Massachusetts, in the county where the grantee resides. Rights and remedies of and against a married woman, as to her separate estate.-Any married woman owning estate secured, conveyed, devised, or bequeathed to her under this act, has the same rights and powers, is entitled to the same remedies, in her own name, and is under the same liabilities in respect to such property, as if she were unmarried; and such property may be attached and taken on execution, as if she held the same, being unmarried. In whom and how separate estate, held under this act, vests, (a) Laws of 1844, c. 178, § 8. Limitation of Personal Actions and Saving Clauses. the owner dying intestate.—If a married woman, holding property under this act, die intestate, her right and interest in the personal property vests in her husband, unless otherwise provided in the contracts and conveyances before mentioned, and he has his courtesy in her lands and tenements: provided, however, that he take administration on the estate of the deceased, and hold such personal property, and all the wife's interest in real estate, saving his estate by the courtesy, subject to the payment of all her debts, incurred before or after marriage. Separate estate of a married woman, how to be used and invested. None of the separate estate held under this act is to be employed in trade or commerce; but must be invested in real estate, stocks of the United States, state stocks, corporation stocks, personal securities, or furniture in the actual possession of the woman. (a) 9. Limitation of Personal Actions and Saving Clauses. Certain actions to be brought within six years.-(b) Actions of debt founded on any contract not under seal, except such as are brought on the judgment or decree of some court of record of the United States, or of some one of the states; (c) actions on judgments rendered in any court not of record; actions for arrears of rent; actions of assumpsit or case founded on any contract or liability; (d) actions for waste and trespass upon land; (e) actions of replevin and all other actions for taking, detaining, or injuring goods and chattels, and all other actions on the case, except for slander and libel, must be commenced within six years after the cause of action accrues. Others to be brought within two years.-Actions for assault and battery, false imprisonment, slander, and libel must be commenced within two years after the cause of action accrues. Certain actions against sheriffs, within four years.—Actions against sheriffs for the misconduct or neglect of deputies must (c) 2 Mason's R. 311. 1 Ib. 243. 22 Pickering's R. 430. (d) 2 Galliston's R. 477. (e) 7 Pickering's R. 153. Limitation of Personal Actions and Saving Clauses. be commenced within four years after the cause of action accrues. (a) Exceptions as to certain notes.—None of the above provisions apply to any action on a promissory note signed in the presence of an attesting witness, provided the action be brought by the original payee or his executor or administrator, nor to any action brought on bills, notes, or other evidences of debt issued by any bank. (b) And as to suits on accounts current.-In actions of debt and assumpsit for the balance on an open or mutual account current, the cause of action is deemed to have accrued at the time of the last item proved. (c) Exceptions for certain disabilities.-In the case of a person under twenty-one years of age, or a married woman, insane, imprisoned, or absent from the United States at the time when the cause of action accrues, the statute of limitations begins to run immediately on the removal of such disability. (d) General limitation of twenty years.-Personal actions on any contract not limited by any other law of the commonwealth, must be brought within twenty years after the cause of action accrues. Case of defendants out of the state. In the case of a person absent from the state when the cause of action accrues, the statute of limitation begins to run on his return to the state; and in case of residence out of the state after the cause of action accrues, the time of such absence is not reckoned as part of the time limited for the commencement of the action. (e) Case of the death of either party.-In case of the death of either party within the time herein limited for the commencement of actions, or within thirty days thereafter, if the cause of action survives, the action must be commenced by or against the executor or administrator of the deceased within two years after the grant of letters testamentary or of administration. Suits by aliens.—In case of suits by aliens, the time of the (a) 9 Greenleaf's R. 74. (b) 16 Mass. R. 290, 314. 4 Pick. R. 382. 8 Ib. 246. 6 Ib. 308. 3 Metcalf's R. 216. 19 Ib. 43. 23 Ib. 282. 4 Greenleaf's R. 337. (d) 14 Mass. R. 203. 17 Ib. 180. 10 Ib. 29. (e) 3 Mass. R. 271. 7 Ib. 515. 1 Pick. R. 263. 17 Mass. R. 55. ⚫ Limitation of Personal Actions and Saving Clauses. continuance of a war between the United States and the country of which such aliens are subjects or citizens, is not deemed a part of the periods herein limited for the commencement of actions. Remedy in case of reversal, arrest of judgment, &c.—If in any action duly commenced within the time herein limited, the writ fails of sufficient service or return, by unavoidable accident, or by any default or neglect of the officer, or if the writ is abated, or the action otherwise avoided or defeated by the death of one of the parties, or for any matter of form, or if, after verdict for the plaintiff, the judgment is arrested, or if a judgment for the plaintiff is reversed on writ of error, the plaintiff may commence a new action for the same cause within one year after the abatement or other determination of the original suit, or after reversal of the judgment, and if the cause of action survives, his executor or administrator may, in case of his death, commence such new action within the said one year. (a) Case of fraudulent concealment by defendant.-In case of fraudulent concealment by a defendant of the cause of any action herein mentioned from the person entitled thereto, the statute of limitations begins to run from the time when the person so entitled discovers that he has such cause of action. (b) Acknowledgment or new promise.-In actions of debt or upon the case founded on any contract, any acknowledgment or promise intended to take the case out of the statute of limitations must be made in writing, signed by the party chargeable thereby. An acknowledgment within six years by the executor or administrator of the debtor, that the debt is undischarged, will take it out of the statute of limitations. (c) An acknowledgment that a note is due, or a promise to pay it, made within six years by the principal, takes it out of the statute of limitations as respects the surety. (d) So an acknowledgment by one of several joint debtors takes the case out of the statute as against all. (e) An acknowledgment made to a stranger in the absence of the plaintiff will take a demand out of the statute. (ƒ) (a) 2 Pick. R. 605. (b) 3 Mass. R. 201. 1 Pick. R. 435. 3 Ib. 74. 9 Ib. 212. (e) 3 Ib. 291. (c) 8 Mass. R. 133. 16 Ib. 428. (f) 4 Ib..110. (d) 4 Pick. R. 382. Limitation of Personal Actions and Saving Clauses. Promise by one of several debtors. In the case of joint contractors, or joint executors or administrators of any contractor, no one of them will lose the benefit of the provisions herein. contained, so as to be chargeable on any acknowledgment or promise made or signed by any other or others of them, nor by reason only of any payment made by any other or others of them. (a) Effect of part payment.-No memorandum of any payment of principal or interest made on any promissory note or other writing by or on behalf of the party to whom such payment purports to be made is deemed sufficient proof of payment to take the case out of the statute of limitations. . Limitation of demands filed in set off-All the provisions herein mentioned apply to debts on contract, alleged by way of set off; and the time of limitation of such debt is to be computed as if an action had been commenced therefor when the plaintiff's action was commenced. Limitation of actions on penal statutes.—Suits for penalties, on penal statutes, brought by private persons, must be commenced within one year after the offence is committed; such suits brought by or in behalf of the commonwealth must be brought within two years.. Presumption of payment of a judgment.-Every judgment and decree in any court of record of the United States, or of this or any other state, is presumed to be paid and satisfied at the expiration of twenty years after the rendition of the judgment or decree. Provisions as to written promise, &c., when to take effect.— The provisions herein contained respecting the acknowledgment of a debt or a new promise to pay it, apply only to such acknowledgment or promise made before the first day of October, one thousand eight hundred and thirty-four. Limitation of actions against executors and administrators. -Actions by creditors of a deceased person against the executor or administrator must be commenced within four years of the time when his bond is given, except when assets are received after (a) 2 Pick. R. 581. 4 Ib. 382. 3 Ib. 291. 7 Greenl. R. 26. |