Unenclosed lands. When partially enclosed. Claim of title Third.-Where (although not inclosed) it has been used for the supply of fuel, or of fencing timber, for the purposes of husbandry, or for the use of pasturage, or for the ordinary use of the occupant. Fourth.-When 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 County, shall be deemed to have been occupied for the same length of time as the part improved and cultivated. SEC. 9. When it shall appear that there has been an without color. actual continued occupation of land under claim of title, exclusive of any other right, but not founded upon a written instrument or a judgment or decree, the property so actually occupied and no other shall be deemed to have been held adversely. Adverse possession without SEC. 10. For the purpose of constituting an adverse color of title. 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: Enclosure. Cultivation. Improvement. Possession by tenant. Effect of a descent cast. First.-When protected by a substantial inclosure. Second. When it has been usually cultivated or improved. Third.-Where labor or money has been expended upon dams, canals, embankments, aqueducts or otherwise, for the purpose of irrigating said land, amounting to the sum of five dollars per acre. SEC. 11. Whenever the relation of landlord and tenant shall have existed between any persons, the posession of the tenant shall be deemed the possession of the landlord, until the expiration of five years from the termination of the tenancy, or where there has been no written lease until the expiration of five years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord; but such presumptions shall not be made after the periods herein limited. SEC. 12. The right of a person to the possession of any real property shall not be impaired or affected by a descent cast in consequence of the death of a person in possession of such property. SEC. 13. If a person entitled to commence any action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defence founded on the title to real property, or to rents or services out of the same, be at the time such title shall first descend or accrue, either, First. Within age of majority, or, Disabilities. Minority. Insanity. Third.-Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term Imprisonment less than for life, or, Fourth. A married woman, and her husband be a Coverture. necessary party with her in commencing such action or making such entry or defence. The time during which such disability shall continue Effect of. shall not be deemed any portion of the time in this Act limited for the commencement of such actions, or the making of such entry or defence, but such action may be commenced or entry or defence made within the period of two years after such disability shall cease, Expires after or after the death of the person entitled, who shall two years. die under such disability, but such action shall not be commenced or entry or defence made after that period. CHAPTER III. TIME OF COMMENCING ACTIONS OTHER THAN FOR THE RECOV ERY OF REAL PROPERTY. SEC. 14. Actions other than those for the recovery Five years. of real property can only be commenced as follows: Within five years: An action upon a judgment or decree of any Court of the United States, or of any State or Territory within the United States. SEC. 15. Within four years: An action upon any Four years. contract, obligation or liability, founded upon an instrument of writing, except those mentioned in the preceding section. SEC. 16. Within three years: First, an action for a Three years. 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 Fraud. Two years. Proviso. One year. Open account. Excepted cases. Actions by the people. specific recovery of personal property; Fourth, an action for relief on the ground of fraud, the cause of action in such cases not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud. SEC. 17. Within two years: First, an action upon a contract, obligation or liability, not founded upon an instrument of writing; also on an open account for goods, wares and merchandise, and for any article charged in a store account; Second, an action against a Marshal, Sheriff, Coroner or Constable upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the commission of an official duty, including the non-payment of money collected upon an execution; provided, that such action may be commenced within two years after the expiration of his term of his office. But this section shall not apply to an action for an escape. SEC. 18. Within one year: First, an action upon a statute for a penalty or forfeiture where the action is given to an individual, or to an individual and the people, except when the statute imposing it prescribes a different limitation; Second, an action for libel, slander, assault, battery or false imprisonment; Third, an action upon a statute for a forfeiture or penalty to the people of this Territory; Fourth, an action against a Sheriff or other officer for the escape of a prisoner, arrested or imprisoned upon either criminal or civil process. SEC. 19. In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between 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. SEC. 20. An action for relief not herein before provided for, must be commenced within four years after the cause of action shall have accrued. SEC. 21. The limitations prescribed in this Chapter shall apply to actions brought in the name of the people, or for the benefit of the people in the same manner as to actions brought by private persons. CHAPTER IV. GENERAL PROVISIONS AS TO THE TIME OF COMMENCING ACTIONS. SEC. 22. An action shall be deemed to be com- Action, when menced within the meaning of this Act, when the commenced. complaint has been filed in the proper Court. fendants. SEC. 23. If, where the cause of action shall accrue Absent or nonagainst a person, he is out of the Territory, the action resident demay be commenced within the term herein limited, after his return to the Territory; and if after the cause of action shall have accrued, he depart the Territory, the time of his absence shall not be part of the time limited for the commencement of the action. SEC. 24. If a person entitled to bring an action men- Disabilities. tioned in the last preceding chapter, be at the time the cause of action accrued, either, First. Within the age of majority; or, Second.-Insane; or, Minority. Insanity. Third.-Imprisoned on a criminal charge, or in exe- Imprisonment. cution under the sentence of a criminal Court, for a term less than for life; or, Fourth.-A married woman, and her husband be a coverture. necessary party with her in commencing such action, the time of such disability shall not be deemed a part Effect of. of the time limited for the commencement of the action. SEC. 25. If a person entitled to bring an action die Death of party, before the expiration of the time limited for the com- before action." mencement thereof, and the cause of action survive, an action may be commenced by his representatives after the expiration of that time, and within six months from his 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 brought. of action survive, an action may be commenced against After suit his executors or administrators, after the expiration of that time, and within one year after issuing of letters testamentary or of administration. SEC. 26. When a person shall be an alien, subject or Alien enemy. citizen of a country at war with the United States, the time of the continuance of the war shall not be a part of the period limited for the commencement of the action. Reversal of Judgment. Injunction. Exception to disability. Concurrent disabilities. Actions against SEC. 27. 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 survive, his heirs or personal representatives may commence a new action within one year after the reversal. SEC. 28. When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or prohibition shall not be a part of the time limited for the commencement of the action. SEC. 29. No person shall avail himself of a disability, unless it existed when his right of action accrued. SEC. 30. When two or more disabilities shall co-exist at the time the right of action accrued, the limitation shall not attach until they all be removed. SEC. 31. The preceding sections of this Act shall directors, etc. not affect actions against directors or stockholders to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three years after the discovery, by the aggrieved party, of the facts upon which the penalty or forfeiture attached, or the liability was created. Renewal of SEC. 32. No acknowledgement or promise shall be Cause of action. sufficient evidence of a new or continuing contract, whereby to take the case out of the operations of this statute, unless the same be contained in some writing signed by the party to be charged thereby. CHAPTER XIV An Act to amend an Act entitled "An Act providing for incorporating associations for Mining, Manufacturing, Commercial and other industrial pursuits," approved February eighteenth, eighteen hundred and seventy. (Approved February 16th, 1872.) SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That section seven of |