tioned in such note, but all actions upon such note or notes, brought by the original promisee, his executor or adminis trator shall and may be maintained as if this Act had never been made; any thing herein contained to the contrary notwithstanding.

ure of service abatement of

of writ, &c. or

it, what measures plaintiff may pursue to

avoid the limi

SEC. 11. Be it further enacted, That any action which In case of failshall be actually declared in as aforesaid, and in which the writ purchased therefor, shall fail of a sufficient service or return by any unavoidable accident or by the default, negligence or defect of any officer to whom such writ shall be duly directed, or when such writ shall be abated or the ac- tation. tion thereby commenced shall be avoided by demurrer or otherwise, for informality of proceedings; then and in any such case, the plaintiffs or plaintiff, or his or her executor or administrator, may commence another action upon the same demand and shall thereby save the limitation thereof, any thing in this Act to the contrary notwithstanding: Provid ed, That such second action shall be duly commenced by declaring in the same aforesaid and pursued at the next Circuit Court of Common Pleas of the county in which trial of the cause may be had, or within three months next af ter the Court whereto such former writ was or shall be returnable, or wherein judgment of abatement or other evidence of such suit shall happen and not afterwards.

If creditor or

debtor dies &

suit might be

in 30 days next

limitation ap

SEC. 12. Be it further enacted, That any action of the case or of debt, grounded upon any lending or contract, or for arrearage of rent, which might have been or which may brought with be sued and prosecuted by or against any person deceased, before such or who shall decease, at the time of his or her death, or death-how within thirty days next preceding, shall and may be com- plies. menced by declaring in the same as aforesaid, and sued by or against the executor or administrator of such deceased person, within two years after the grant of letters testamentary, or of administration, and not afterwards, if otherwise barred by this Act, any thing which may be supposed herein to the contrary notwithstanding.

In actions on

con

SEC, 13. Be it further enacted, That in any action which shall be brought, for any debt upon simple contract, or simple promise in writing, not under seal, the defendant therein tract or prommay give in evidence upon the general issue, his or her de- not under seal

ise in writing,

file account in

before Court.

defendant may mands against the plaintiff, for goods delivered, monies paid, offset, 7 days or service done, whereof an account shall be duly filed in the Clerk's office of the Court whereto such action is, or shall be brought, seven days, and before a Justice four days, at least, preceding the time of trial. And in all cases of mutuIn such cases al demands as aforesaid, the account of the defendant, the account if any time of limitation shall be objected thereto by the plaintiff, shall be considered and allowed as if an action had mencement of been duly commenced thereon, by declaring in the same, at the time when the plaintiff's action was or shall be commenced, any law, usage or custom to the contrary notwithstanding.

limitation as to

will reie to

the com

the action.

Limitation of

al statutes.

SEC. 14. Be it further enacted, That all actions, suits, actions on pen- bills or informations which shall hereafter be had, brought, sued or commenced, for any forfeiture upon any penal statute, made or to be made, the benefit whereof is or shall be by the said statute limited in whole or in part to the person or persons who shall inform and prosecute in that behalf shall be had, brought, sued or commenced by any person that may lawfully pursue the same as aforesaid, within one year next after the offence committed, or to be committed against the said statute; and in default of such pursuit, then the same shall be had, brought or prosecuted for the State, at any time within two years after the offence committed; and if any action, suit, indictment or information, for any offence against any penal statute shall be brought after the time in that behalf limited, the same shall be void and of none effect, any act to the contrary notwithstanding: Provided always, That when any action, suit or information is or shall be limited by any penal statute, to be had, sued, commenced or brought within a shorter time than is above mentioned, in every such case, the action, suit or information, shall be brought within the time limited by such

writs of error.

statute.

SEC. 15. Be it further enacted, That no judgment in any Limitation of action or suit heretofore, or which hereafter may be render ed, shall be reversed or avoided for any error or defect therein, unless the writ of error brought for reversing the same be sued out within twenty years next after the rendition of such judgment: Provided always, That if any person who

is or shall be entitled to such writ of error, shall at the time Proviso in favour of persuch title accrued, be within the age of twenty one years, sons in capa

covert or non compos mentis; then such person, his or her citated, &c. heirs, executors or administrators notwithstanding the said twenty years expired, may bring a writ of error for the reversing of any such judgment, as such person might have done in case this Act had not been made, so as the same writ of error he sued out within five years after the coming of age, discoverture, coming of sound mind, or death of such person, whichever shall first happen, and not afterwards.

actions against

SEC. 16. Be it further enacted, That all actions against Limitation of Sheriffs, for the misconduct and negligence of their deputies, Sheriffs, for shall be commenced and sued within four years next after their deputies. the cause of action.

[Approved March 19, 1821.]

misconduct of

-00

CHAPTER LXIII.

An Act prescribing the Forms of Writs and other process in the cases therein

mentioned.

SEC. 1. BE it enacted by the Senate and House of Repre- Forms of prosentatives, in Legislature assembled, That in all civil actions, cess. the original and final process in the following cases betwixt party and party, shall be made out in the forms following, that is to say;

[Summons.] State of Maine.

SEAL. SSS. To the Sheriff of our county of S

or his deputy,

Court of

Greeting. We command you that you summon A. B. of C. [addition] (if he may be found in your precinct) to appear before our Justices of our to be holden at B. within and for our said county of S. on the day of then and there in our said Court to answer to D. E. of R. within our county of M. [addition] in a plea of —; to the damage of the said D. E. (as he saith) the sum of dollars, which shall then and there be made to appear, with other due damages. And have you there this writ, with your doings therein. Witness, E. H. Esq. at B. the in the year of our Lord

day of

Original sum

mons.

A. D. Clerk,

Capias or attachment.

Summons when goods are attached.

[Capias or Attachment.]
State of Maine.

SEAL. Css. To the Sheriff of our county of C or his deputy,

Greeting. We command you to attach the goods or estate of R. F. of B. within our county of C-[addition] to the value of dollars; and for want thereof to take the body of the said R. F. (if he may be found in your precinct,) and him safely keep, so that you have him before our Justices of our ; next to be holden at B. within and for

on the

day of

Court of our said county of C-; then and there in our said Court to answer unto D. S. of R. within our county of H. [addition] in plea of; to the damage of the said D. S. (as he saith) the sum of dollars, which shall then and there be made to appear, with other due damages. And have you there this writ, with your doings therein. Witness, E. H. Esq. at P. the

day of

A. D. Clerk.

[Summons when goods are attached.]

SEAL. CSS.
C-, [addition]

of

State of Maine.

To A. B. of B. within our county of

Greeting.

· Court

We command you that you appear at our next
to be holden at B. within and for our county of
C aforesaid, on the day of, then and there
to answer to C. D. of R. within our county of M. [addition]
in a plea of ; which plea the said C. D. hath com-
menced against you, to be heard and tried at the said Court ;
and your goods or estate are attached to the value of
dollars, for security to satisfy the judgment which the said
C. D. may recover upon the aforesaid trial. Fail not of
appearance at your peril. Witness, E. H. Esq. at B. the
day of
in the year of our Lord

A. D. Clerk.

Execution.

[Execution.]

State of Maine.

SEAL. SSs. To the Sheriff of our county of S

Greeting.

or his deputy,
Whereas C. L. of R. within our county of S. [addition]

by the consideration of our Justices of our

Court of

holden at B. for and within our county of S
day of, recovered judg-

aforesaid, on the

ment against D. T. of B. in the county of M. [addition] for

dollars and

dollars and

cents debt or damage, cents costs of suit as to us ap

the sum of
and
pears of record, whereof execution remains to be done: We
command you therefore, that of the goods, chattels or lands
of the said debtor within your precinct, you cause to be
paid and satisfied unto the said creditor at the value thereof
in money, the aforesaid sum, being - dollars and
cents in the whole, with
cents more for this writ;
and thereof also to satisfy yourself for your own fees. And
for want of goods, chattels or lands of the said debtor to be
by him shewn unto you, or found within your precinct, to
the acceptance of the said creditor to satisfy the sums afore-
said, we command you to take the body of the said debtor,
and him commit unto our gaol in B. in our county of S.
aforesaid, and detain in your custody within our said gaol,
until he pay the full sums above mentioned with your fees,
or that he be discharged by the said creditor, or otherwise
by order of law. Hereof fail not, and make return of this
writ with your doings therein, [here insert the time and
place of return as by law prescribed.] Witness, E. H. Esq.
at B. the
day of
in the year of our Lord
A. D. Clerk.

SEC. 2. Be it further enacted, That the writ for putting such into possession of any land or tenements as shall recover judgment for the same, and for levying the costs and damages recovered upon such suit, commonly called a writ of facias habere possessionem, and writ of fieri facias; as also the writ of scire facias, to be issued out of the Supreme Judicial Court, or Circuit Court of Common Pleas, respectively, shall be from time to time granted and issued in the form following, that is to say;

[Writ of Facias Habere Possessionem, and Fieri Facias.] Hab. facias

State of Maine.

SEAL. S Ss. To the Sheriff of our county of S

or his deputy,

Greeting.

Whereas A. B. of C. [addition] before our Justices of

pos.