AN ACT in regard to limitations. [Approved April 4, 1872. In force July 1, 1872. L. 1871-2, p. 556.]

1. TWENTY YEARS.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no person shall commence an action for the recovery of lands, nor make an entry thereon, unless within twenty years after the right to bring such action or make such entry first accrued, or within twenty years after he or those from, by, or under whom he claims, have been seized or possessed of the premises, except as hereinafter provided. [R. S. 1845, p. 349, § 6, 7.

2. TIME, HOW COMPUTED.] § 2. If such right or title first accrued to an ancestor or predecessor of the person who brings the action or makes the entry, or to any person from, by, or under whom he claims, the twenty years shall be computed from the time when the right or title so first accrued.

3. WHEN RIGHT OF ENTRY OR TO BRING ACTION ACCRUES.] § 3. The right to make an entry or bring an action to recover land shall be deemed to have first accrued at the times respectively hereinafter mentioned, that is to say: First-When any person is disseized, his right of entry or of action shall be deemed to have accrued at the time of such disseizin.

Second-When he claims as heir or devisee of one who died seized, his right shall be deemed to have accrued at the time of such death, unless there is a tenancy by the curtesy or other estate intervening after the death of such ancestor or devisor; in which case his right shall be deemed to accrue when such intermediate estate expires, or when it would have expired by its own limitations.

Third-When there is such an intermediate estate, and in all other cases when the party claims by force of any remainder or reversion, his right, so far as it is affected by the limitation herein prescribed, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof for which he might have entered at an earlier time.

Fourth-The preceding clause shall not prevent a person from entering when entitled to do so by reason of any forfeiture or breach of condition; but if he

claims under such a title, his right shall be deemed to have accrued when the forfeiture was incurred or the condition was broken.

Fifth-In all cases not otherwise specially provided for, the right shall be deemed to have accrued when the claimant, or the person under whom he claims, first became entitled to the possession of the premises under the title upon which the entry or the action is founded.

4. SEVEN YEARS WITH POSSESSION AND RECORD TITLE, ETC.] § 4. Actions brought for the recovery of any lands, tenements or hereditaments of which any person may be possessed by actual residence thereon for seven successive years, having a connected title in law or equity, deducible of record, from this state or the United States, or from any public officer or other person authorized by the laws of this state to sell such land for the non-payment of taxes, or from any sheriff, marshal or other person authorized to sell such land on execution, or under any order, judgment or decree of any court of record, shall be brought within seven years next after possession being taken, as aforesaid; but when the possessor shall acquire such title after taking such possession, the limitation shall begin to run from the time of acquiring title. [R. S. 1845, p. 349, § 8; p. 350, § 11.

5. RIGHT EXTENDED TO HEIRS, ETC.] § 5. The heirs, devisees and assigns of the person having such title and possession, shall have the same benefit of the preceding section as the person from whom the possession is derived. [R. S. 1845, p. 350, § 10.

6.

SEVEN YEARS' PAYMENT OF TAXES, WITH COLOR OF TITLE AND POSSESSION.] § 6. Every person in the actual possession of lands or tenements, under claim and color of title, made in good faith, and who shall, for seven successive years, continue in such possession, and shall also, during said time, pay all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of said lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, devise or descent, before said seven years shall have expired, and who shall continue such possession, and continue to pay the taxes as aforesaid, so as to complete the possession and payment of taxes for the term aforesaid, shall be entitled to the benefit of this section. [R. S. 1845, p. 104, § 8.

7. SEVEN YEARS' PAYMENT OF TAXES, WITH COLOR OF TITLE TO VACANT LAND.] 7. Whenever a person having color of title, made in good faith, to vacant and unoccupied land, shall pay all taxes legally assessed thereon for seven successive years, he or she shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land, to the extent and according to the purport of his or her paper title. All persons holding under such taxpayer, by purchase, devise or descent, before said seven years shall have expired, and who shall continue to pay the taxes, as aforesaid, so as to complete the payment of taxes for the term aforesaid, shall be entitled to the benefit of this section: Provided, however, if any person, having a better paper title to said vacant and unoccupied land, shall, during the said term of seven years, pay the taxes assessed on said land for any one or more years of the said term of seven years, then and in that case such taxpayer, his heirs and assigns, shall not be entitled to the benefit of this section. [R. S. 1845, p. 104, § 9.

8. EXCEPTIONS.] § 8. The two preceding sections shall not extend to lands or tenements owned by the United States or of this state, nor to school and seminary lands, nor to lands held for the use of religious societies, nor to lands held for any public purpose. Nor shall they extend to lands or tenements when there shall be an adverse title to such lands or tenements, and the holder of such adverse title is under the age of twenty-one years, insane, imprisoned, feme covert, out of the limits of the United States, and in the employment of the United States or of this state: Provided, such person shall commence an action to recover such lauds or tenements so possessed, as aforesaid, within three years after the several disabilities herein enumerated shall cease to exist, and shall prosecute such action to judgment, or in case of vacant and unoccupied land, shall, within the time last aforesaid, pay to the person or persons who have paid the same, all the taxes,

with interest thereon, at the rate of twelve per cent. per annum, that have been paid on said vacant and unimproved land. [R. S. 1845, p. 104, § 10.

9. EXCEPTIONS IN FAVOR OF INFANTS, ETC.] § 9. If, at the time when such right of entry or of action upon or for lands first accrues, the person enti tled to such entry or action is within the age of twenty-one years, or if a female, of the age of eighteen years, or insane, imprisoned or absent from the United States in the service of the United States or of this state, such person or any one claiming from, by or under him or her, may make the entry or bring the action at any time within two years after such disabilty is removed, notwithstanding the time before limited in that behalf has expired. [R. S. 1845, p. 350, § 14.

10. EXCEPTION EXTENDED TO HEIRS, ETC.] § 10. If the person first enti tled to make entry or bring such action, dies during the continuance of any of the disabilities mentioned in the preceding section, and no determination or judg ment has been had of or upon the title, right or action which accrued to him, the entry may be made or the action brought by his heirs or any person claiming from, by or under him at any time within two years after his death, notwithstanding the time before limited in that behalf has expired.

11. MORTGAGE.] § 11. No person shall commence an action or make a sale to foreclose any mortgage or deed of trust in the nature of a mortgage, unless within ten years after the right of action or right to make such sale accrues.

PERSONAL ACTIONS.

12.] § 12. The following actions can only be commenced within the periods hereinafter prescribed, except when a different limitation is prescribed by statute: 13. SLANDER AND LIBEL.] § 13. Actions for slander or libel shall be commenced within one year next after the cause of action accrued. [L. 1861, p. 142, §1; R. S. 1845, p. 349, § 3.

14. PERSONAL INJURIES, PENALTIES, ETC.] § 14. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation, shall be commenced within two years next after the cause of action accrued. [R. S. 1845, p. 349, § 2, 3; L. 1861, p. 142, § 2.

15. ON ORAL CONTRACTS, DAMAGES, ETC.] § 15. Actions on unwritten contracts, expressed or implied, or on awards of arbitration, or to recover damages for an injury done to property, real or personal, or to recover the possession of personal property or damages for the detention or conversion thereof, and all civil actions not otherwise provided for, shall be commenced within five years next after the cause of action accrued. [R. S. 1845, p. 348, § 1; 2d L. 1849, p. 45, § 2, 5.

16. ON WRITINGS-NEW CONTRACT.] § 16. Actions on bonds, promissory notes, bills of exchange, written leases, written contracts, or other evidences of indebtedness in writing, shall be commenced within ten years next after the cause of action accrued; but if any payment or new promise to pay shall have been made, in writing, on any bond, note, bill, lease, contract, or other written evidence of indebtedness, within or after the said period of ten years, then an action may be commenced thereon at any time within ten years after the time of such payment or promise to pay. [R. S. 1845, p. 349, § 4; 2d L. 1849, p. 44, § 1. 17. SET-OFF OR COUNTER CLAIM.] § 17. A defendant may plead a set-off or counter claim barred by the statute of limitation, while held and owned by him, to any action, the cause of which was owned by the plaintiff or person under whom he claims, before such set-off or counter claim was so barred, and not otherwise: Provided, this section shall not affect the right of a bona fide assignee of a negotiable instrument assigned before due.

18. ABSENCE FROM STATE DEDUCTED—EXCEPTION.] § 18. If, when the cause of action accrues against a person, he is out of the state, the action may be commenced within the times herein limited, after his coming into or return to the

state; and if, after the cause of action accrues, he departs from and resides out of the state, the time of his absence is no part of the time limited for the commencement of the action. But the foregoing provisions of this section shall not apply to any case, when, at the time the cause of action accrued or shall accrue, neither the party against nor in favor of whom the same accrued or shall accrue, were or are residents of this state. [As amended by act approved April 11, 1873; in force July 1, 1873. R. S. 1845, p. 350, § 13.

19. FURTHER TIME FOR REPRESENTATIVES.] § 19. If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his representatives after the expiration of that time, and within one year from bis death. If a person against whom an action may be brought die before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his executors or adminis trators after the expiration of that time, and within one year after the issuing of letters testamentary or of administration.

20. WHEN FOREIGN DEBT BARRED HERE.] 8 20. When a cause of action has arisen in a state or territory out of this state, or in a foreign country, and, by the laws thereof, an action thereon cannot be maintained by reason of the lapse of time, an action thereon shall not be maintained in this state.

21. EXCEPTIONS AS TO INFANTS, LUNATICS, ETC.] § 21. If the person entitled to bring an action, mentioned in the nine preceding sections, is, at the time the cause of action accrued, within the age of twenty-one years, or if a female, within the age of eighteen years, or insane, or imprisoned on a criminal charge, he or she may bring the action within two years after the disability is removed. 22. FRAUDULENT CONCEALMENT.] § 22. If a person liable to an action fraudulently conceals the cause of such action from the knowledge of the person entitled thereto, the action may be commenced at any time within five years after the person entitled to bring the same discovers that he has such cause of action, and not afterwards.

23. WHEN ACTION STAYED TIME DOES NOT RUN.] § 23. When the commencement of an action is stayed by injunction, order of a judge or court, or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the actions. [§ 24, repeal, omitted; see "Statutes," ch. 131, § 5.]

AN ACT to amend an act entitled "An act in regard to limitations," approved April 4, 1872; in force July 1, 1872. [Approved April 11, 1873. In force July 1, 1873.]

24. FURTHER TIME, WHEN GIVEN.] § 2. In any of the actions specified in any of the sections of said act, if judgment shall be given for the plaintiff, and the same be reversed by writ of error, or upon appeal; or if a verdict pass for the plaintiff, and, upon matter alleged in arrest of judgment, the judgment be given against the plaintiff; or, if the plaintiff be nonsuited, then, if the time limited for bringing such action shall have expired during the pendency of such suit, the said plaintiff, his or her heirs, executors, or administrators, as the case shall require, may commence a new action within one year after such judgment reversed or given against the plaintiff, and not after.

25. REVIVAL OF JUDGMENT BY SCI. FA.] § 3. Judgments in any court of record in this state may be revived by scire facias, or an action of debt may be brought thereon within twenty years next after the date of such judgment, and not after; and the provisions of the foregoing section shall apply also to this section. [R. S. 1845, p. 349, § 5.

AN ACT to revise the law in relation to limited partnerships. [Approved March 18, 1874. In force July 1, 1874.]

1. HOW FORMED.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter it shall be lawful to form limited partnerships within this state, according to the provisions of this act. [L. 1847, p. 60, § 1.

2. GENERAL PARTNERS-SPECIAL PARTNERS.] § 2. Limited partnerships may consist of one or more persons, who shall be called general partners, and who shall be jointly and severally responsible, as general partners now are by law, and of one or more persons who shall contribute a specific amount of capital, in cash, or other property at cash value, to the common stock, who shall be special partners, and who shall not be liable for the debts of the partnership beyond the amount of the fund so contributed by them, respectively, to the capital stock, except as hereinafter provided. [L. 1847, p. 60, § 2.

3. GENERAL PARTNERS ONLY TO ACT.] § 3. The general partners, only, shall be authorized to transact business, to sign for the partnership, and to bind the same. [L. 1847, p. 60, § 3.

4. CERTIFICATE.] § 4. The persons desirous of forming such partnership shall make and severally sign a certificate, which shall contain :

1. The name or firm under which the partnership is to be conducted.

2. The general nature of the business to be transacted.

3. The names of the general and special partners therein, distinguishing which are general and which are special partners, and their respective places of residence.

4. The amount of capital stock which each special partner shall have contributed to the common stock.

5. The period at which the partnership is to commence, and the period when it will terminate.

6. They may also, if they shall elect, provide in the certificate the terms upon which the partnership may be dissolved, and may provide that the same shall not be dissolved by the death of any of the partners. [L. 1847, p. 60, § 4; L. 1867, p. 136, § 3.

5. CERTIFICATE ACKNOWLEDGED.] § 5. Such certificate shall be acknowledged by the several persons signing the same, before some officer authorized by law to take the acknowledgment of deeds; and such acknowledgment shall be