-limit. -limit number of buildings. Attorneys' admission fees. Notaries' mission fees. court may be held, the cost of such building not to exceed in any case the sum of five thousand dollars, the same to be paid and proceedings to reserve the land to be as in the case of the reservation of ground and construction of jail, as herein before provided: Provided, No court building or jail shall be constructed in any division of the district without authority from the Attorney-General, to whom the clerk shall furnish a verified account in detail of all expenditures made by him for buildings, repairs, or other purposes, together with his authority for each payment made. SEC. 32. For each certificate issued to a member of the bar, authorizing him to practice law in the district, a fee of ten dollars shall be paid to the clerk of the court, which shall be by him promptly remitted to the secretary of the district, and at the same time the clerk shall advise the governor of such remittance. For each commission com- issued to a notary public a fee of ten dollars shall be paid to the secretary of the district. The fees received by the secretary under this section and under chapter seventy-four of title two shall be by him retained and kept in a fund to be known as the district historical -use of fund for library fund. The fund thus collected shall be disbursed on the order district historical of the governor for the purpose of establishing and maintaining the library, museum, district historical library and museum. The same shall embrace copies etc. Designated depository of publi cations of the Government. of all laws relating to the district, and all papers and periodicals published within the district, and such other matter of historical interest as the governor may consider valuable and appropriate for such collection. The collection shall also embrace such curios relating to the aborigines and the settlers as may be by the governor deemed of historical importance. The collection thus made shall be described by the governor in the annual report of the governor to the Secretary of the Interior, and shall be by him kept in a secure place and turned over to his successor in office. The secretary of the district and the governor shall each anhually account to the Secretary of the Interior for all receipts and disbursements in connection with such historical library and museum. SEC. 33. The historical library and museum provided for in section thirty-two of this title is hereby made a designated depository of publications of the Government, and shall be supplied with one copy of each of said publications in the same manner as such publications are supplied to other depositories. Only one form of action. Parties thereto, 2 Parties thereto, how designated. 1. Only one form of action. SEC. 2. In such actions the party complaining shall be known as the how designated. plaintiff and the adverse party as the defendant. SEC. 3. Civil actions shall only be commenced within the periods Time of comprescribed in this title after the cause of action shall have accrued, mencing action in general. except when, in special cases, a different limitation is prescribed by statute. But the objection that the action was not commenced within the time limited shall only be taken by answer, except as otherwise provided in section fifty-eight. SEC. 4. The periods prescribed in section three of this Act for the commencement of actions shall be as follows: Within ten years actions for the recovery of real property, or for the recovery of the possession thereof; and no action shall be maintained for such recovery unless it shall appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the premises in question within ten years before the commencement of the action: Provided, In all cases where a cause of action has already accrued, and the period prescribed in this section within which an action may be brought has expired or will expire within one year from the approval of this Act, an action may be brought on such cause of action within one year from the date of the approval of the Act. SEC. 5. Within ten years Within ten years. Where right of action has accrued. Within First. An action upon a judgment or decree of any court of the years. United States, or of any State or Territory within the United States; Second. An action upon a sealed instrument. SEC. 6. Within six years— ten Within six First. An action upon a contract or liability, express or implied, years. excepting those mentioned in section five; Second. An action upon a liability created by statute, other than a penalty or forfeiture; Third. An action for waste or trespass upon real property; Fourth. An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof. SEC. 7. Within three years— Within three First. An action against a marshal, coroner, or constable, upon a years. liability incurred by the doing of an act in his official capacity or in virtue of his office; or by the omission of an official duty, including the nonpayment of money collected upon an execution. But this section shall not apply to an action for an escape; Second. An action upon a statute for penalty or forfeiture, where Within years. Within year. two one Actions for pen alty. Actions not be the action is given to the party aggrieved, or to such party and the United States, except where the statute imposing it prescribes a different limitation. SEC. 8. Within two years First. An action for libel, slander, assault, battery, seduction, false imprisonment, or for any injury to the person or rights of another not arising on contract and not herein especially enumerated; Second. An action upon a statute for a forfeiture or penalty to the United States. SEC. 9. Within one year An action against the marshal or other officer for the escape of a person arrested or imprisoned on civil process. SEC. 10. An action upon the statute for the penalty given in whole or in part to the person who will prosecute for the same shall be commenced within one year after the commission of the offense; and if the action be not commenced within one year by a private party, it may be commenced within two years thereafter, in behalf of the United States, by the district attorney. SEC. 11. An action for any cause not hereinbefore provided for shall fore provided for. be commenced within ten years after the cause of action shall have accrued. count. When cause of SEC. 12. In an action brought to recover a balance due upon a action accrues mutual, open, and current account, where there have been reciprocal upon current ac demands between the parties, the cause of action shall be deemed to have accrued from the date of the last item proved in the account on either side; but whenever a period of more than one year shall elapse between any of a series of items or demands, they are not to be deemed such an account. Limitations corporations. in SEC. 13. The limitations prescribed in this chapter shall apply to actions by public actions brought in the name of any public corporation in the district, or for its benefit, in the same manner as to actions by private parties. SEC. 14. An action shall be deemed commenced when the complaint is filed and the summons issued. When action deemed commenced. Exceptions when the district. SEC. 15. If, when the cause of action shall accrue against any perdefendant out of son who shall be out of the district or concealed therein, such action may be commenced within the terms herein respectively limited, after the return of such person into the district or the time of his concealment; and if, after such cause of action shall have accrued, such person shall depart from and reside out of this district, or conceal himself, the time of his absence or concealment shall not be deemed or taken as any part of the time limited for the commencement of such action. in SEC. 16. If any person entitled to bring an action mentioned in this chapter, or to recover real property, or for a penalty or forfeiture, or against a marshal or other officer for an escape, be at the time the cause of action accrued, either- Exceptions favor of persons under legal disability. Provisions when dies before time expires. Third. Imprisoned on a criminal charge, or in execution under sentence of a court for a term less than his natural life. The time of such disability shall not be a part of the time limited for the commencement of the action, but the period within which the action shall be brought shall not be extended in any case longer than two years after such disability ceases. SEC. 17. If a person entitled to bring an action die before the expiperson entitled ration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his personal representatives, after the expiration of the time and within one year 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 of action survives, an action may be commenced against his personal representatives after the expiration of that time, and within six months after the issuing of letters testamentary or of administration. SEC. 18. When a person shall be an alien subject or citizen of a In actions by country at war with the United States, the time of the continuance of aliens in time of the war shall not be a part of the period limited for the commencement ed. of the action. war to be deduct Time of stay by SEC. 19. When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or statutory prohibition injunction or prohibition shall not be a part of the time limited for to be deducted. the commencement of the action. SEC. 20. No person shall avail himself of a disability unless it existed when his right of action accrued. SEC. 21. When two or more disabilities shall coexist at the time the right of action accrues the limitation shall not attach until all such disabilities are removed. Disability must exist when right of action accrued. When several disabilities, limitation does notattach until all removed. SEC. 22. No acknowledgment or promise shall be sufficient evidence Acknowledgof a new or continuing contract, whereby to take the case out of the mentor new promoperation of this chapter, unless the same is contained in some writing, ise must be in writsigned by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest. ing. Limitation to SEC. 23. Whenever any payment of principal or interest has been or shall be made upon an existing contract, whether it be a bill of commence from exchange, promissory note, bond, or other evidence of indebtedness, time of last payif such payment be made after the same shall have become due, the ment. limitation shall commence from the time the last payment was made. SEC. 24. When the cause of action has arisen in any State, Terri- No action barred tory, or country between nonresidents of this district, and by the laws by statute when of the State, Territory, or country where the cause of action arose an cause accrued can action can not be maintained thereon by reason of the lapse of time, no action shall be maintained thereon in this district. be maintained. Action to be SEC. 25. Every action shall be prosecuted in the name of the real party in interest, except as otherwise provided in section twenty-seven; prosecuted in the but this section shall not be deemed to authorize the assignment of a thing in action not arising out of contract. interest. SEC. 26. In the case of an assignment of a thing in action, the action Assignment of a by the assignee shall be without prejudice to any set-off or other thing in action not defense existing at the time of or before notice of the assignment; but to prejudice dethis section shall not apply to a negotiable promissory note or bill of exchange transferred in good faith and upon valuable consideration before due. fense. Executor or trustee may sue SEC. 27. An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining without the person with him the person for whose benefit the action is prosecuted. A beneficially interested. person with whom, or in whose name a contract is made for the benefit of another, is a trustee of an express trust within the meaning of this section. Married women may prosecute and defend as if unmarried. Infant to appear by guardian. Guardian, how appointed. Prosecute for SEC. 28. A wife may receive the wages of her personal labor, and maintain an action therefor in her own name and hold the same in her own right, and she may prosecute and defend all actions for the preservation and protection of her rights and property as if unmarried. SEC. 29. Actions may be commenced and prosecuted by infants, either by guardian or next friend, and by conservators on behalf of the persons they represent. SEC. 30. In any action it shall be lawful for the court in which the action is pending to appoint a guardian ad litem to any infant or insane defendant in such action, and to compel the person so appointed to act. By such appointment such person shall not be rendered liable to pay costs of action; and he shall, moreover, be allowed a reasonable sum for his charges as such guardian, to be fixed by the court, and taxed in the bill of costs. SEC. 31. A father, or in case of his death or desertion of his family, the death of a the mother, may maintain an action as plaintiff for the injury or death of a child, and a guardian for the injury or death of his ward. child. -for the seduc or ward. SEC. 32. A father, or in case of his death or desertion of his family, tion of a daughter the mother, may maintain an action as plaintiff for the seduction of a daughter, and the guardian for the seduction of a ward, though the daughter or ward be not living with or in the service of the plaintiff at the time of the seduction or afterwards, and there be no loss of service. When unmarried female may sue for her own seduction. Parties severally SEC. 33. An unmarried female over twenty-one years of age may maintain an action as plaintiff for her own seduction, and recover therein such damages as may be assessed in her favor; but the prosecution of an action to judgment by the father, mother, or guardian, as prescribed in the section last preceding, shall be a bar to an action by such unmarried female. SEC. 34. Persons severally liable upon the same obligation or instruliable on the same ment, including the parties to bills of exchange and promissory notes, instrument may be sued together or may all or any of them be included in the same action, at the option of the plaintiff. separately. When action not to abate. When action for wrong not to abate. When third per stituted as defendants. SEC. 35. No action shall abate by the death or disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue. In case of the death or disability of a party, the court may at any time within two years thereafter, on motion, allow the action to be continued by or against his personal representatives or successor in interest. SEC. 36. An action for a wrong shall not abate by the death of any party after the verdict has been given therein, but the action shall proceed thereafter in the same manner as in cases where the cause of action survives. SEC. 37. In any action for the recovery of specific personal property, sons may be sub- if a third person demand of the defendant the same property, the court, in its discretion, on motion of the defendant, and notice to such person and the adverse party, may, before answer, make an order discharging the defendant from liability to either party, and substitute such person in his place as defendant. Such order shall not be made but on the condition that the defendant deliver the property or its value to such person as the court may direct, nor unless it appears from the affidavit of the defendant, filed with the clerk by the day he is otherwise required to answer, that such person makes such demand without collusion with the defendant. The affidavit of such third person as to |