or the value of such property, as he would have received upon the final distribution of the estate, if an action had been seasonably commenced by the executor or administrator. Am'd by ch. 416 of 1877. § 393. No limitation of action on bank notes, etc. This chapter does not affect an action to enforce the payment of a till, note, or other evidence of debt, issued by a moneyed corporation, or issued or put in circulation as money. From Co. Proc. § 108. § 394. Action against directors, etc., of banks. This chapter does not affect an action against a director or stockholder of a money corporation, or banking association, to recover a penalty or forfeiture imposed, or to enforce a liability created by the common law or by statute; but such an action must be brought within three years after the cause of action has accrued. From Co. Proc. § 109. Am'd by ch. 416 of 1877 and ch. 281 of 1897. 86 Action includes special proceeding "; see § 414. § 395. Acknowledgment or new promise must be in writing. An acknowledgment or promise, contained in a writing signed by the party to be charged thereby, is the only competent evidence of a new or continuing contract, whereby to take a case out of the operation of this title. But this section does not alter the effect of a payment of principal or interest. From Co. Proc. § 110. § 396. Exceptions as to persons under disabilities. If a person, entitled to maintain an action specified in this title, except for a penalty or forfeiture, or against a sheriff or other officer for an escape, is, at the time when the cause of action accrues, either: 1. Within the age of twenty-one years; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than for life: The time of such a disability is not a part of the time, limited in this title for commencing the action; except that the time so limited cannot be extended more than five years by any such disability, except infancy; or, in any case more than one year after the disability ceases. From Co. Proc. § 101. See § 375. § 397. Defence or counter-claim. A cause of action, upon which an action cannot be maintained, as prescribed in this title, cannot be effectually interposed as a defence or counter-claim. TITLE III. General provisions. SEC. 398. When action deemed to be commenced. 399. Attempt to commence action in a court of record. 1. Exception, when defendant is without the state. 02. Id.; when a person entitled, etc., dies before limitation expires, 406. Say by injunction, etc., to be deducted. 407. Certain actions by a principal, for misconduct of an agent, etc. 408. Disability must exist when right accrues. 409. If several disabilities, no limitation until all removed. 410. Provision when the action cannot be maintained without a demand. 411. Provision in case of submission to arbitration. 412. Provision when action is discontinued, etc., after answer. 413. How objection taken, under this chapter. 414. Cases to which this chapter applies. 415. Mode of computing periods of limitation. § 398. When action deemed to be commenced. An action is commenced against a defendant, within the meaning of any provision of this act, which limits the time for commencing an action, when the summons is served on him; or, on a co-defendant who is a joint contractor, or otherwise united in interest with him.. From Co. Proc. § 99. Am'd by ch. 416 of 1877. § 399. Attempt to commence action in a court of record. An attempt to commence an action, in a court of record, is equivalent to the commencement thereof against each defendant, within the meaning of each provision of this act, which limits the time for commencing an action, when the summons is delivered, with the intent that it shall be actually served, to the sheriff, or. where the sheriff is a party, to a coroner of the county, in which that defendant or one of two or more co-defendants, who are joint contractors, or otherwise united in interest with him, resides or last resided; or, if the defendant is a corporation, to a like officer of the county, in which it is established by law, or wherein its general business is or was last transacted, or wherein it keeps or last kept an office for the transaction of bu, ness. But in order to entitle plaintiff to the benefit of this section, the delivery of the summons to an officer must be followed, within sixty d. s after the expiration of the time limited for the actual commencemen. of the action, by personal service thereof upon the defendant sought t› be charged, or by the first publication of the summons, as against that defendant, pursuant to an order for service upon him in that manner. From Co. Proc. $99. See § 438, sub. 6. $ 400. Id.; in a court not of record. The last section, excluding the provision requiring a publication or service of the summons within sixty days, applies to an attempt to Commence an action in a court not of record, where the summons is delivered to an officer authorized to serve the same, within the city or ch, 4, tit. 3. town wherein the person resides, or the corporation is located, as specified in that section; provided that actual service thereof is made with due diligence. See 438, sub. 6. § 401. Exception, when defendant is without the state. If, when the cause of action accrues against a person he is without the State, the action may be commenced within the time limited therefor, after his return into the State. crued against a person, he departs from the State and remains continuIf, after a cause of action has acously absent therefrom for the space of one year or more, or if, without the knowledge of the person entitled to maintain the action, he resides within the State under a false name, the time of his absence or of such residence within the State under such false name is not a part of the time limited for the commencement of the action. But this section does not apply while a designation made as prescribed in section four hundred and thirty or in subdivision second of section four hundred and thirty-two of this act remains in force. [Nothing in this act contained shall revive any cause of action barred by the statute, as it existed prior to the passage of this act.] From Co. Proc. § 100. Am'd by ch. 416 of 1877; ch. 498 of 1888, and ch. 665 of 1896. See § 390. § 402. Id.; when a person entitled, etc., dies before limitation expires. If a person, entitled to maintain an action, dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his representative, after the expiration of that time, and within one year after his death. From Co. Proc. § 102. § 403. Exception when a person liable, et cetera, dies within the state. The term of eighteen months after the death, within the State, of a person against whom a cause of action exists, or of a person who shall have died within sixty days after an attempt shall have been made to commence an action against him pursuant to the provisions of section three hundred and ninety-nine of this act. is not a part of the time limited for the commencement of an action against his executor or administrator. If letters testamentary or letters of administration upon his estate are not issued within the State, at least six months before the expiration of the time to bring the action, as extended by the foregoing provision of this section, the term of one year after such letters are issued, is not a part of the time limited for the commencement of such an action. The time during which an action is pending in a court of record between a person or persons and an executor or administrator, wherein the person or persons claim to recover from the executor or administrator any money or other property claimed by said executor or administrator to belong to the estate of the decedent, or is embraced in the inventory of the assets of said decedent's estate, is not a part of the time limited for the commencement of an action against an executor or administrator, for a claim against the estate of the decedent until the final determination of the action brought to recover said or other property claimed by said executor or administrator to belong to said decedent's estate: 1. Where the claim against the estate of the decedent is liquidated by the recovery of a judgment thereon against an executor or administrator in an action in a court of record or under section twenty-seven hundred and eighteen of this Code after trial on the merits. 2. Where a legatee brings an action, or institutes a proceeding, against 106 an executor or administrator with the will annexed, to enforce the payment of a legacy. Am'd by ch. 542 of 1879; ch. 70 of 1891, and chs. 665 and 897 of 1896. See § 391. § 404. In suits by aliens time of disability in case of war to be deducted. Where a person is disabled to sue in the courts of the State, by reason of either party being an alien subject or citizen of a country at war with the United States, the time of the continuance of the disability is not a part of the time limited for the commencement of the action. From Co. Proc. § 103. § 405. Provision where judgment has been reversed. If an action is commenced within the time limited therefor, and a judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits; the plaintiff, or, if he dies. and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time so limited, and within one year after such a reversal or termination. From Co. Proc. § 104. § 406. Stay by injunction, etc., to be deducted. Where the commencement of an action has been stayed by injunction, or by other order of a court or judge, or by statutory prohibition, the time of the continuance of the stay is not a part of the time, limited for the commencement of the action. From Co. Proc. § 105. "Action" includes "special proceeding "; see § 414. § 407. Certain actions by a principal, for misconduct of an agent, etc. Where an injury results from the act or omission of a deputy or agent, the time, within which an action to recover damages by reason thereof, must be commenced by the principal, against the deputy or agent, must be computed from the time, when a judgment against the principal, for the act or omission, is first discovered by the aggrieved person; and a subsequent reversal or setting aside of the judgment does not extend the time. § 408. Disability must exist when right accrues. A person cannot avail himself of a disability unless it existed when his right of action or of entry accrued. From Co. Proc. § 106. See367, 375. § 409. It several disabilities, no limitation until all removed. Where two or more disabilities co-exist, when the right of action or of entry accrues, the limitation does not attach, until all are removed. From Co. Proc. § 107. § 110. Provision when the action cannot be maintained without a demand. Where a right exists, but a demand is necessary to entitle a person to maintain an action, the time, within which the action must be com menced, must be computed from the time, when the right to make the demand is complete; except in one of the following cases: 1. Where the right grows out of the receipt or detention of money or property, by an agent, trustee, attorney, or other person acting in a fiduciary capacity, the time must be computed from the time, when the person, having the right to make the demand, has actual knowledge of the facts, upon which that right depends. 2. Where there was a deposit of money, not to be repaid at a fixed time, but only upon a special demand, or a delivery of personal property, not to be returned, specifically or in kind, at a fixed time or upon a fixed contingency, the time must be computed from the demand. See § 415. § 411. Provision in case of submission to arbitration. Where the persons who might be adverse parties in an action, have entered into a written agreement to submit to arbitration, or to refer the cause of action, or a controversy in which it might be available, or have entered into a written submission thereof to arbitrators; and before an award, or other determination thereupon, the agreement or submission is revoked, so as to render it ineffectual, by the death of either party thereto, or by the act of the person against whom the action might have been brought; or the execution thereof, or the remedy upon an award or other determination thereunder, is stayed by injunction, or other order procured by him from a competent court or judge; the time which has elapsed. between the entering into the written submission or agreement, and the revocation thereof, or the expiration of the stay, is not a part of the time, limited for the commencement of the action. § 412. Provision when action is discontinued, etc., after answer. Where a defendant in an action has interposed an answer, in support of which he would be entitled to rely, at the trial, upon a defence or counter-claim then existing in his favor, the remedy upon which, at the time of the commencement of the action, was not barred by the provisions of this chapter; and the complaint is dismissed, or the action is discontinued, or abates in consequence of the plaintiff's death; the time which intervened, between the commencement and the termination of the action is not a part of the time limited for the commencement of an action by the defendant, to recover for the cause of action so interposed as a defence, or to interpose the same defence in another action brought by the same plaintiff, or a person deriving title from or under him. § 413. How objection taken, under this chapter. The objection, that the action was not commenced within the time limited, can be taken only by answer. The corresponding objection to a defence or counter-claim can be taken only by reply; except where a reply is not required, in order to enable the plaintiff to raise an issue of fact, upon an allegation contained in the answer. From Co. Proc. § 74. § 414. Cases to which this chapter applies. The provisions of this chapter apply, and constitute the only rules of limitation applicable, to a civil action or special proceeding, except in one of the following cases: 1. A case. where a different limitation is specially prescribed by law, or a shorter limitation is prescribed by the written contract of the parties. 2. A cause of action or a defence which accrued before the first day of July, eighteen hundred and forty-eight. The statutes then in force govern, with respect to such a cause of action or defence. 3. A case, not included in the last subdivision, in which a person is |