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Ten years.

Three years.

Two years.

Further proviso,

four years.

Accounts current.

Disability.

Aliens.

Absence of defendant from state.

Death
of party.

State, or of some other of the United States, and actions founded upon bonds of public officers, actions founded upon convenants in deeds and mortgages of real estate, may be brought at any time within ten years from the time of the rendition of such judgment, or the time when the cause of action accrued on such bond or covenant;

2. Actions to recover damages for injuries to person or property shall be brought within three years from the time said actions accrue, and not afterwards;

3. Actions against sheriffs for the misconduct or neglect of themselves, or their deputies, actions for trespass upon lands, for assault and battery, for false imprisonment, for malicious prosecution, for libel or slander, for malpractice of physicians, surgeons or dentists, all actions for the recovery of any penalty or forfeiture on any penal statute brought in the name of the people of this State, and actions brought to charge any surety for costs, or on bond or recognizance given on appeal from any court in this State, shall be brought within two years from the time the cause of action accrues, and not afterwards:

4. Provided further, That actions brought to charge any surety on any bond of an executor, administrator or guardian, may be, and in all cases shall be brought at any time within four years after the discharge of such executor, administrator or guardian.

SEC. 14. In actions 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.

SEC. 15. If any person entitled to bring any of the actions mentioned in this chapter shall, at the time when the cause of action accrues, be within the age of twenty-one years, insane, or imprisoned in the State prison, such person may bring the action within the times in this chapter respectively limited, after the disability shall be removed.

SEC. 16. When any person shall be disabled to prosecute an action in the courts of this State, by reason of his being an alien, subject or citizen of any country at war with the United States, the time of the continuance of such war shall not be deemed a part of the respective periods herein limited for the commencement of any of the actions before mentioned.

SEC. 17. If at the time when any cause of action shall accrue against any person, he shall be out of the State, the action may be commenced within the time herein limited therefor, after such person shall come into this State; and if after any cause of action shall have accrued, the person against whom it shall have accrued shall be absent from this State, any and all periods of absence in excess of two months at one time, shall not be taken as any part of the time limited for the commencement of the action.

SEC. 18. If any person entitled to bring any of the actions before mentioned in this chapter, or liable to any such ac

tions, shall die before the expiration of the time herein limited, or within thirty days after the expiration of the said time, and if the cause of action does by law survive, the action may be commenced by or against the executor or administrator of the deceased person or the claim may be proved as a debt against the estate of the deceased person, as the case may be, at any time within two years after granting letters testamentary or of administration, and not afterwards, if barred by the provisions of this chapter.

reversal, etc.

SEC. 19. If, in any action, duly commenced within the time Abatement limited in this chapter, and allowed therefor, the writ or of action, declaration shall fail of a sufficient service or return, by any unavoidable accident, or by any default or neglect of the offi cer to whom it is committed, or if the writ be abated or the action otherwise avoided or defeated, by the death of any party thereto, or for any matter of form, or if after a verdict for the plaintiff, the judgment shall be arrested, or if a judg ment for the plaintiff shall be reversed on a writ of error, the plaintiff may commence a new action for the same cause, at any time within one year after the abatement or other determination of the original suit, or after the reversal of the judgment therein; and if the cause of action does by law survive, his executor or administrator may, in case of his death, commence such new action within the said one year.

SEC. 20. If any person who is liable to any of the actions Fraudulent mentioned in this chapter, shall fraudulently conceal the concealment. cause of such action from the knowledge of the person entitled thereto, the action may be commenced at any time within two years after the person who is entitled to bring the same shall discover that he had such cause of action, although such action would be otherwise barred by the provisions of this chapter.

writing.

SEC. 21. In actions founded upon contract express or New promise implied, no acknowledgment or promise shall be evidence of to be in a continuing contract, whereby to take a case out of the provisions of this chapter, or to deprive any party of the benefit thereof, unless such acknowledgment or promise be made or contained by or in some writing, signed by the party to be charged thereby.

one joint

SEC. 22. If there be two or more joint contractors or joint Promise by executors or administrators of any contractor, no such joint contractor, executor or administrator shall lose the benefit of the provi- etc. sions of this chapter, so as to be chargeable, by reason of any acknowledgment or promise, made or signed by any other or others of them.

in actions

etc.

SEC. 23. In actions commenced against two or more joint Proceedings contractors, or joint executors or administrators of any con- against joint tractor, if it shall appear on the trial or otherwise, that the contractors, plaintiff is barred by the provisions of this chapter, as to one or more of the defendants, but entitled to recover against any other or others of them, by virtue of a new acknowledgment or promise, or otherwise, judgment shall be given for the

Answer to motion to dismiss on account of non-joinder.

Part payment.

Joint con

tractors, etc.

Bar of set-offs.

Actions
by people.

Time of suit pending in chancery.

plaintiff as to any of the defendants against whom he is entitled to recover, and for the other defendant or defendants against the plaintiff.

SEC. 24. If in any action on contract, the defendant shall move to dismiss on the ground that any other person ought to have been jointly sued, it shall be good answer to such motion, if true in fact, that the action was, by the provisions of this chapter, barred against the person so named in such motion, but was not so barred by reason of such acknowledg ment or promise, as against such defendant.

SEC. 25. Nothing contained herein shall alter, take away, or lessen the effect of a voluntary payment of any principal or interest, made by any person; but no endorsement or memorandum of any such payment written or made upon any promissory note, bill of exchange or other writing by or on behalf of the party to whom such payment shall be made, or purport to be made, shall be deemed sufficient proof of the payment, so as to take the case out of the operation of the provisions of this chapter.

SEC. 26. If there are two or more joint contractors, or joint executors or administrators of any contractor, no one of them shall lose the benefit of the provisions of this chapter so as to be chargeable by reason only of any payment made by any other or others of them.

SEC. 27. The provisions of this chapter shall not be deemed to bar a claim made by way of set-off, unless such claim for set-off was barred at the time plaintiff's cause of action accrued.

The limitations hereinbefore prescribed for the commencement of actions, shall apply to the same actions when brought in the name of the people of this State, or in the name of any officer or otherwise, for the benefit of the State, in the same manner as to actions brought by individuals.

SEC. 29. The time during which any case in chancery, commenced by any debtor, has or may be pending and undetermined, shall not be computed as constituting any part of the period limited or prescribed by any statute of limitations in force at the time of the commencement of such case in chancery, prescribing the time within which an action in relation to the debt or subject matter in dispute, as set forth in the proceedings in such case in chancery should or might be commenced.

Where to be commenced.

Real estate.

CHAPTER X.

Place for the Commencement of Actions and Change of Venue.

SECTION 1. Actions shall be commenced and tried in the proper county as follows:

1. Actions for the recovery of any real estate, or the possession thereof; for trespass on lands; and for injuries to real estate and actions of replevin shall be commenced and tried

contracts, etc.

in the county where the subject of the action shall be situated;
2. All actions founded upon wrongs, and contracts, ex- Wrongs,
cept as herein otherwise provided, shall be commenced and
tried in the county where one of the parties shall reside at
the time of commencing such action;

railroad

3. Suits may be commenced against any street railway or Railways, etc. railroad company in any county where the principal office of such company within the State may be situated, or in any county traversed by a line of railroad, owned or operated by such company, or in any county in which such company shall be the owner or lessee of a right of way for a line of road: Provided, That if such line of road traverses the county of Proviso, the plaintiff's residence, suit shall be brought in such county; in plaintiff's 4. Suits may be commenced against foreign and domestic county. insurance companies, fraternal co-operative and mutual bene- companies, fit associations, having for their object insurance against fire, death, sickness, accident, or any form or risk whatever; and against foreign and domestic surety and bonding companies, in the circuit court of any county in this State, in which the plaintiff resides, and in which such company is authorized to issue policies, or take risks.

Insurance

etc.

5. In cases where the plaintiff is a resident of the State of Corporations. Michigan, suits may be commenced in any county where the plaintiff resides, against any corporation not organized under the laws of this State; and where the plaintiff is a non-resident of the State of Michigan, where the cause of action accrued within the State of Michigan, such plaintiff may bring action in the county where the cause of action accrued ;

telegraph

6. Suits may be commenced against any corporation doing Telephone, a telegraph, telephone or an express business, in this State, and express in any county within which any such company maintains an companies. office, or exchange, for the transaction of business;

maritime

7. Suits may be commenced against any person, firm or Persons in corporation, whether resident or non-resident, in the State commerce, etc. of Michigan, engaged in the business of maritime commerce, or navigation, within the State, in the courts of any county in this State, in which the boats of such person, firm or corporation, call and do business;

officers.

8. Suits against public officers, or against any person Public specially appointed to execute orders of such officers, for any act done by them, by virtue of their offices respectively; and suits against other persons, who by the command of such officers, or in their aid or assistance, do anything touching the duties of such office, shall be commenced and tried in the county where the fact happened;

forfeitures.

9. Every action for any penalty or forfeiture shall be com- Penalties or menced and tried in the county where the act was done, or where the act omitted was required, in whole or in part to be done, upon which the penalty or forfeiture attached;

bonds.

10. All suits commenced in this State by order of a pro- Probate bate court, upon any bond required by law to be filed with such court, shall be commenced and tried in the county where such bond is filed;

Attachments.

Chancery suits.

11.

Suits may be commenced by attachment in any county, as provided in the chapter hereinafter contained relating to attachment proceedings;

12. Every suit in chancery shall be commenced in the cir cuit court for the county in which the property in dispute is situated, if the subject matter is local, and if it is not local, in the county where one of the parties in interest resides, if either is a resident of the State; but if the subject matter is not local, and neither party resides in the State, the suit may be brought in any county; and where it is necessary to file an information or bill in chancery, either to compel the specific performance of contract, cancellation of patents from the State, quiet title, or otherwise to affect real estate and when such real estate may be situated in different counties, it shall be competent to file such information or bill on the equity side of the circuit court of any one of said counties in which a part of said real estate may be situate; and such court shall have complete jurisdiction in the premises as fully and effectually as if the whole of such estate were situate in the county in which suit may be commenced. And when it may be necessary to file a bill or information or to commence any proceedings in chancery on the party [part] of or in behalf of the State, the same may, at the election of the Attorney General, be commenced in the circuit court for the county of Ingham on the equity side thereof, and said court shall have complete jurisdiction and full power and authority in the premises : Provided, That if the court shall deem it necessary for the convenience of parties and their witnesses, to order such issues to be tried in some other county, the same shall be tried in the county so designated: Provided further, That nothing in this section contained shall be construed to abronot repealed. gate or repeal any provision of section seventeen of act number eighty-two of the Public Acts of eighteen hundred seventythree, the same being section seven thousand two hundred eighty-two of the Compiled Laws of eighteen hundred ninetyseven, relating to suits by receivers of mutual fire insurance companies for assessments levied by them, nor of section eleven of act two hundred fifty-five of the Public Acts of eighteen hundred ninety-nine, relating to the prevention of trusts, etc.

Proviso,
trial in other
county.

Further proviso, certain acts

Court may

on cause

shown.

Change of Venue.

SEC. 2. Each of the circuit courts, upon good cause shown, change venue, may change the venue in any civil cause pending therein, and direct the issue to be tried in the circuit court of another county, and make all necessary rules and orders for certifying and removing such cause, and all matters relating thereto, to the court in which such issue shall be ordered to be tried, and such court shall thereupon have full jurisdiction of such cause the same as though such cause had been originally commenced therein; and in every such case, all expenses of such

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