SECTION 1. Civil actions can only be commenced within the Period of limiperiods prescribed in this chapter after the cause of action shall tation. have accrued, except where a different limitation is prescribed by statute. (a) possession SEC. 2. No action for the recovery of real property, or for Real property, the recovery of the possession thereof, shall be maintained, Pereof. unless it appear that the plaintiff, his ancestor, predecessor or grantor, was seized or possessed of the premises in question within seven years before the commencement of such action. (a) &c. SEC. 3. No cause of action or defence to an action founded Action for real upon the title to real property, or to rents, or to service out of property, rents, the same, shall be effectual unless it appear that the person prosecuting the action, or making the defence, or under whose title the action is prosecuted or the defence is made, or the ancestor, predecessor or grantor of such person was seized or possessed of the premises in question within seven years before the accruing of the right of action or defence in respect to which such action is prosecuted or defence made, or unless it 13 Fla., 398-602. appear that the title to such premises was derived from the 14 Fla., 162. United States or the State of Florida within seven years before the commencement of such action; and the cause of action shall not commence to run until the date of the patent issued by the State or the United States. (a) legal title. SEC. 4. In every action for the recovery of real property, or Possession prethe possession thereof, the person establishing a legal title to sumed from the premises shall be presumed to have been possessed thereof within the time prescribed by law, and the occupation of such Contra, if seven premises by any other person shall be deemed to have been possession under and in subordination to the legal title, unless it appear shown. (a) Secs. 1, 2 and 3, Chap. 1869, Act of Feb. 27, 1872. years adverse sion under judgment or written title defined. that such premises have been held and possessed adversely to such legal title for seven years before the commencement of such action. (b) SEC. 5. Whenever it shall appear that the occupant, or those Adverse posses under whom he claims, entered into the possession of premises under claim of title exclusive of any other rights, founding such claim upon a written instrument as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree or judgment for seven years, the premises so included shall be deemed to have been held adversely, except that where the premises so included consist of a tract divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract. (b) Definition continued. Adverse pos session defined. Definition continued. SEC. 6. For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, land shall be deemed to have been possessed and occupied in the following cases: First, where it has been usually cultivated or improved; or, second, where it has been protected by a substantial enclosure; or, third, where (although not enclosed) it has been used for the supply of fuel, or of fencing-timber for the purpose of husbandry, or for the ordinary use of the occupant; fourth, where a known lot or single farm has been partly improved, the portion of such farm or lot that may have been left not cleared or not enclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved or cultivated. (b) SEC. 7. Where it shall appear that there has been an actual continued occupation of premises under a claim of title exclusive of any other right, but not founded upon a written instrument or a judgment or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely. (b) SEC. 8. For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument, judgment or decree, land shall be deemed to have been possessed and occupied in the following cases only: First, where it has been protected by a substantial enclosure; or, second, where it has been usually cultivated or improved. (b) SEC. 9. If a person entitled to commence any action for the recovery of real property, or to make an entry or defence Period of infan- founded on the title to real property, or to rents or services out cy, &c., ex cepted. of the same, be, at the time such title shall first descend or accrue, either: First, within the age of twenty-one years; or, second, insane; or, third, imprisoned; or, fourth, a married woman, the time during which such disability shall continue shall (b) Secs. 4, 5, 6, 7 and 8, Chap. 1889, Act of Feb. 27, 1872. real property. not be deemed any portion of the time in this chapter limited for the commencement of such action, or the making such entry or defence; but such action may be commenced, or entry or defence made, within the period of seven years after such disability shall cease, or after the death of the person entitled who shall die under such disabilty; but such action shall not be commenced, or entry or defence made, after that period. (c) SEC. 10. Actions other than those for the recovery of real Actions, other property can only be commenced as follows: Within twenty than those for years: first, an action upon a judgment or decree of any court of the United States, or of any State or Territory within the United States; an action upon any contract, obligation, or liability founded upon an instrument of writing, under seal twenty years, not under seal five years. Within three years: first, an action upon a liability created by statute, other than a penalty or forfeiture; second, an action for trespass upon real property; third, an action for taking, detaining, or injuring any goods or chattels, including actions for the specific re- 3 Fla., 298. covery of personal property; fourth, an action for relief on the 13 Fla., 265. ground of fraud, the cause of action in such case not to be 16 Fla., 339. deemed to have accrued until the discovery by the aggrieved 1 Fla., 37. party of the facts constituting the fraud; an action upon a 2 Fla., 418. contract, obligation, or liability not founded upon an instrument of writing, except an action on an open account for goods, wares, and merchandise. Within two years: first, an action upon a statute for a penalty or forfeiture; second, an action for libel, slander, assault, battery or false imprisonment; third, an action on an open account for goods, wares, and merchandise sold and delivered, and an action for any article charged in a store account, shall not be barred until four years. (c) 1 Fla., 387. 14 Fla., 403. 8 Fla., 307. SEC. 11. In an action brought to recover a balance due upon Balance of mutual open a mutual, open and current account, where there have been reaccount. ciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side. (c) SEC. 12. An action for relief not herein before provided for other actions. must be commenced within four years after the cause of action shall have accrued. (c) menced. SEC. 13. An action shall be deemed to be commenced, within when action the meaning of this chapter, when the summons or other orig- deemed cominal process shall be delivered to the proper officer to be served, or the complaint filed in the proper court. (c) tees. SEC. 14. If, when the cause of action shall accrue against a Causes accruing person, he is out of the State, the action may be commenced against absenwithin the term herein limited after his return to the State; and if after the cause of action shall have accrued he depart the State, the time of his absence shall not be part of the time limited for the commencement of the action. (c) (c) Secs. 9, 10, 11, 12, 13 and 14, Chap. 1889, Act of Feb. 27, 1872. Actions by administrators. SEC. 15. 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 six months from the issuing of letters testamentary or of administration. If a person against whom an action may be brought die before the expiration of the time administrator. limited for the commencement thereof, and the cause of action survives, an action may be commenced against his executors or administrators after the expiration of that time and within one year after the issuing of letters testamentary or of administration. (d) Actions against Reversal of judgment. When disability available. Effect of bar by statutes of an other State. 6 Fla., 555-214. 8 Fla., 307. Actions not heretofore barred. SEC. 16. If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survives, his heirs or representatives may commence a new action within one year after the reversal. (d) SEC. 17. No person shall avail himself of a disability unless it existed when the cause of action accrued. (d) SEC. 18. When the cause of action has arisen in another State or Territory of the United States, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, no action thereon shall be maintained against him in this State. (d) SEC. 19. All actions not heretofore barred by statute, or that will be barred within sixty days from the passage hereof, shall not be affected by limitations of this chapter until six months from the date of the approval hereof. (d) SEC. 20. This chapter shall not apply to any action by this Act not to apply in certain cases. State, or any officer or person in behalf of this State, or any action by or in behalf of the Trustees of the Internal Improvement Fund, or of the Seminary or School Fund, or of the Board of Education of the State, or of any county or municipal corporation, or school district within this State, or with respect to any moneys or property held or collected by any officer or trustee or his sureties. (d) Limitation after reversal of judgment. SEC. 21. If in any actions or suits judgment be given for the plaintiff, and the same be afterward reversed by error, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment the judgment be given against the plaintiff, that he take nothing by his plaint, writ or bill, in all such cases the party plaintiff, his heirs, executors, or administrators (as the case shall require), may commence a new action or suit from time to time within one year next after such judgment reversed, or such judgment given against the plaintiff, and not after. (e) (d) Secs. 15, 16, 17, 18, 19 and 20, Chap. (e) Sec. 8, Act of Nov. 10, 1828. 1869, Act of Feb. 27, 1872. CHAPTER 145. LOST PAPERS. 1. Proceedings to be had to establish copies of lost deeds and other writings; adverse party to have notice. 2. Executors, administrators, &c., may establish lost papers. 3. Notice must be served on defendant. 4. Records of any courts, of County Commissioners, any writs, process or pleadings, or any paper belonging to court of record, may be re-established. 5. Petition must be made to the Judge of the Court; copy of the paper to be established must accompany petition. 6. Notice must be served on persons affected thereby; when notice to be advertised. 7. In case of default Judge to order re-establishing the papers, &c.; if issue joined, to be tried at Chambers; orders made in such cause to be recorded. 8. Records of County Commissioners and other boards to be established before Circuit Judge. 9. Proceedings to be had to establish any deed, mortgage, receipt or other papers. 10. Records of 16. Cause, how heard; what judgment or order of court to contain. 17. Lost documents, papers, writings, &c., pertaining to proceedings pending in courts, how re-established. 18. When private seal of Clerk of Court or County Judge to answer for seal of office. 19. Limitation as to re-establishment of deeds, &c., under this law. 20. This law does not supersede other existing statutes. 21. Papers to be recorded or filed, or have been filed or recorded, how to be re-established; proceedings to be had; powers of Circuit Court in such cases; original papers containing Clerk's certificate to be admitted to record. 22. Records of marks and brands, how re-established. 23. Records of marriages, how re-established. 24. Lost wills and papers connected with estates of decedents to be established and admitted to record. 25. Judgments at law or decrees marks and in chancery, or orders in County Courts, which have been lost, may brands, how re-established. 11. Records of marriages, how be re-established; mode of proceedre-established. 12. Wills, letters testamentary, of administration, &c., may be re established. 13. Judgments, decrees, &c., may be re-established. 14. Notice, how given to nonresident defendants. ing; when answer of defendant to be filed; judgment, order, &c., re-established to have same force and effect as original. 26. All papers, &c., pertaining to suits, &c., pending in courts, how re-established. 27. Second writ of fieri facias 15. When cause to be heard af- when first has been lost to be ister defendant answers. sued upon affidavit of plaintiff; if |