145; 9 R. 18, 26, 113; 11 R. 249; A. 509; 11 A. 212; 13 A. 553, 579; 18 A. 651; 20 A. 52, 156, 427, 486; 24 A. 292.

1 A. 325, 330; 2 A. 314, 642; 3 A. 333, 552; 4 14 A. 27, 274; 15 A. 135; 16 A. 275; 17 A. 256; 21 A. 128, 179, 188; 22 A. 328; 23 A. 199, 293;

§ VI.

OF THE CAUSES WHICH SUSPEND THE COURSE OF PRESCRIPTION.

ART. 3521. [3487.]-Prescription runs against all persons, unless they are included in some exception established by law.

C. P. 984, 985, 986; C. N. 2251; 12 R. 507; 3 A. 714; 9 A. 137; 12 A. 216; 15 A. 399; 21 A. 67, 78; 24 A. 31, 568. XL Wallace 244.

ART. 3522. [3488.]-Minors and persons under interdiction can not be prescribed against, except in the cases provided by law.

C. C. 802 (798), 3554 (3519); C. N. 2252; 15 L. 578 587; 1 R. 369; 12 R 258; 3 A. 714; 6 A. 109; 10 A. 555; 13 A 124, 340; 21 A. 67, 76; 23 A. 447; 24 A. 211.

ART. 3523. [3489.]-Husbands and wives can not prescribe against each other.

C. N. 2253; 10 A. 555; 13 A. 377.

ART. 3524. [3490.]—Immovables given in dower and not declared alienable by the marriage contract, are imprescriptible during the marriage. They may be prescribed for, if there be a separation of the property by the marriage contract, or if it be pronounced afterwards.

2 L. 366; 20 A. 192.

ART. 3525. [3491.]-Prescription is equally suspended during marriage:

1. When the wife can only be entitled to an action, after having chosen between accepting or renouncing the community.

2. When the husband, having sold the separate property of his wife, without her consent, is bound in warranty for the validity of such sale; and in every case when the action of the wife may be prejudicial to her husband.

C. N. 2254, 2255, 2256; 2 A. 466, 756, 834; 14 A. 173; 19 A. 149, 152; 20 A. 192.

ART. 3526. [3492.]-Prescription does not run against a beneficiary heir, with respect to the debt due him by the succession. But it runs against a vacant succession, though no curator has been appointed to such succession.

C. P. 965; C. N. 2258; 3 L. 199; 8 L. 321; 9 L. 135, 142; 4 R. 148; 12 R. 258, 507; 2 A. 466; 3 A. 714; 12 A. 97, 216; 19 A. 149, 152.

ART. 3527. [3493.]-It runs likewise during the delay which the law grants for making the inventory and for deliberating.

C. N. 2259; 19 A. 149, 152.

SECTION 3.

Of the Prescription which Operates a Release from Debt.

ART. 3528. [3494.]—The prescription which operates a release from debts, discharges the debtor by the mere silence of the creditor during the time fixed by law, from all actions, real or personal, which might be brought against him.

C. C. 3459 (3422); 3 A. 177; 21 A. 295; 22 A. 152. Acts 1858, p. 148. ART. 3529. [3495.]-This prescription has also the effect of releasing the owner of an estate from every species of real rights, to which the property may have been subject, if the person in possession of the right has not exercised it during the time required by law.

4 L. 326; 11 L. 256; 20 A. 403; 22 A. 107.

ART. 3530. [3496.]-To enable the debtor to claim the benefit of this prescription, it is not necessary that he should produce any title, or hold in good faith; the neglect of the creditor operates the prescription in this case.

C. C. 3531 (3497); 3 A. 177; 20 A. 16; 22 A. 152.

ART. 3531. [3497.]-The time necessary to acquire this prescription is longer or shorter, according to the different species of debts or of real rights, of which it produces the discharge or extinction.

ART. 3532. Whenever any contract or obligation has been entered into, or judgment rendered, between persons who reside out of the State of Louisiana, and to be paid or performed out of this State, and such contract, obligation or judgment is barred by prescription or the statute of limitations of the place where the contract or obligation is to be performed or judgment executed, the same shall be considered and held as barred by prescription in Louisiana, upon the debtor who is thus discharged subsequently coming into this State.

(New Article.) D. Sec. 2803. Acts 1855, p. 224.

ART. 3533. [3498.]-Besides the different prescriptions of actions, which are mentioned in other parts of this Code, others exist which are the subject of the following paragraphs.

C. C. 362 (356), 3470 (3433). Acts 1855, p. 224.

§ I.

OF THE PRESCRIPTION OF ONE YEAR.

ART. 3534. [3499.]-The following actions are prescribed by

one year:

That of justices of the peace and notaries, and persons performing their duties, as well as that of constables, for the fees and emoluments which are due to them in their official capacity."

That of masters and instructors in the arts and sciences, for lessons which they give by the month.

That of innkeepers and such others, on account of lodging and board which they furnish.

That of retailers of liquors, who sell ardent spirits in less quantities than one quart.

That of workmen, laborers and servants, for the payment of their wages.

That for the payment of the freight of ships and other vessels, the wages of the officers, sailors and others of the crew.

That for the supply of wood and other things necessary for the construction, equipment and provisioning of ships and other vessels.

(Am'd.) C. C. 1561 (1548), 1567 (1554), 1987 (1982), 1994 (1989), 2498 (2474), 2534 (2512), 2546 (2524), 3207 (3174), 3237 (3204), 3449 (3412); C. N. 2271, 2272; 8 N. S. 492; 1 L. 268; 2 L. 382; 5 L. 15; 6 L. 594; 10 L. 201, 229, 231; 14 L. 553; 19 L 412; 1 R. 433, 556; 3 R. 335; 4 R. 22; 10 R. 402; 11 R. 139; 12 R. 148; 1 A. 404; 2 A. 759; 3 A. 141, 184, 458; 5 A. 599, 671; 10 A. 49, 222, 395, 556; 11 A. 473; 12 A. 19, 842; 14 A. 211; 15 A. 528; 19 A. 111; 20 A. 193, 247; 21 A. 557; 22 A. 316; 23 A. 62, 476; D. Sec. 2811, 2822. Acts 1850, p. 90, § 1. Acts 1858, p. 64.

ART. 3535. [3500.]-In the cases mentioned in the preceding article, the prescription takes place, although there may have been a regular continuance of supplies, or of labor or other service.

It only ceases from the time when there has been an account acknowledged, a note or bond given, or a suit instituted.

However, with respect to the wages of officers, sailors and others of the crew of a ship, this prescription runs only from the day when the voyage is completed.

C. N. 2274; 6 L. 594; 10 R. 402; 3 A. 141, 458; 22 A. 316.

ART. 3536. [3501.]-The following actions are also prescribed by one year:

That for injurious words, whether verbal or written, and that for damages caused by animals, or resulting from offences or quasi offences.

That which a possessor may institute, to have himself maintained or restored to his possession, when he has been disturbed or evicted,

'That for the delivery of merchandise or other effects, shipped on board any kind of vessels.

That for damage sustained by merchandise on board ships, or which may have happened by ships running foul of each other.

C. C. 2315 (2294); C. P. 49, § 4, 53, 59; 2 N. S. 24; 3 N. S. 585; 3 L. 274, 340; 6 R. 382; 10 R. 117; 2 A. 400; 12 A. 346; 13 A. 126, 609; 14 A. 117, 390, 511; 15 A. 298, 418; 16 A. 140, 215, 338, 354; 19 A. 491; 20 A. 151, 169, 214, 323; 21 A. 493; 23 A. 162, 299; D. Sec. 3546.

ART. 3537. [3502.]—The prescription, mentioned in the preceding article, runs:

With respect to the merchandise injured or not delivered, from the day of the arrival of the vessel, or that on which she ought to have arrived.

And in the other cases from that on which the injurious words, disturbance or damage were sustained.

C. C. 2315 (2294), 2534 (2512), 2576 (2554); C. P. 615; 14 A. 511; 16 A. 354; 20 A. 169, 247; 21 A. 111, 273; 23 A. 299; 24 A. 98.

§ II.

OF THE PRESCRIPTION OF THREE YEARS.

ART. 3538. [3503.]—The following actions are prescribed by three years:

That for arrearages of rent charge, annuities and alimony, or of the hire of movables and immovables.

That for the payment of money lent.

That for the salaries of overseers, clerks, secretaries, and of teachers of the sciences, who give lessons by the year or quarter. That of physicians, surgeons and apothecaries, for visits, operations and medicines.

That of parish recorders, sheriffs, clerks and attorneys, for their fees and emoluments.

That on the accounts of merchants, whether selling for wholesale or retail.

That on the accounts of retailers of provisions, and that of retailers of liquors who do not sell ardent spirits in less quantities than a quart.

That on all other open accounts.

This prescription only ceases from the time there has been an account acknowledged, a note or bond given, or an action commenced.

(Am'd.) C. C. 1068 (1061), 1188 (1176), 1431 (1380), 2348 (2328), 2788 (2759), 3476 (3440), 3506 (3472), 3534 (3499), 3544 (3508); 2 N. S. 515; 6 N. S. 248; 8 N. S. 492; 2 L. 382; 4 L. 14; 6 L. 359; 14 L. 553; 6 R. 450; 11 R. 129; 1 A 209; 2 A. 876; 3 A. 458; 5 A. 603; 6 A. 759; 9 A. 484; 11 A. 462; 12 A. 401, 672, 673, 840; 14 A. 275, 705; 15 A. 135, 143, 528, 580, 639; 19 A. 453; 20 A. 119, 156; 21 A. 293; 24 A. 73, 271; D. Sec. 5, 453, 2811. Acts 1850, p. 90.

ART. 3539. [3504.]—The action of parties against their attorneys for the return of papers delivered to them for the interest of their suit, is prescribed also by three years, reckoning from the day when judgment was rendered in the suit, or from the revocation of the powers of the attorneys.

C. N. 2273; 2 A. 876.

§ III.

OF THE PRESCRIPTION OF FIVE YEARS.

ART. 3540. [3505.]-Actions on bills of exchange, notes payable to order or bearer, except bank notes, those on all effects negotiable or transferable by indorsement or delivery, and those on all promissory notes, whether negotiable or otherwise, are prescribed by five years, reckoning from the day when the engagements were payable.

(Am'd.) C. C. 1392 (1429), 2090 (2085), 3534 (3499); 9 L. 233; 11 L. 148; 15 L. 145; 16 L. 108, 257; 1 R. 182; 12 R. 148; 1 A. 342; 2 A. 634, 916, 970; 3 A. 220, 338, 464, 508, 714; 4.A. 126, 171; 5 A. 147, 219, 220, 276; 6 A. 109, 224, 232, 481; 9 A. 316; 12 A. 840; 14 A. 144, 230, 351; 15 A. 143; 20 A. 52, 131, 219, 280, 345, 362, 397, 413, 422, 427, 565; 21 A. 30, 121, 192, 261, 276, 293, 501, 626, 722, 723; 22 A. 29, 77, 111, 181; 23 A. 214, 353; 24 A. 539; D. Sec. 334, 454. Acts 1852, p. 90, § 3, XI. Wallace 244.

ART. 3541. [3506.]-The prescription mentioned in the preceding article, and those described above in paragraphs I. and II., run against minors and interdicted persons, reserving, however, to them their recourse against their tutors or curators.

They run also against persons residing out of the State.

C. N. 2278; 15 L. 146; 3 A. 220, 508; 6 A. 232; 9 A. 316; 15 A. 528; 20 A. 131; 21 A. 76; 24 A. 539; D. Sec. 2, 452.

ART. 3542. [3507.]-The following actions are prescribed by five years:

That for nullity or rescission of contracts, testaments or other acts.

That for the reduction of excessive donations.

That for the rescission of partitions and guarantee of the portions.

This prescription only commences against minors after their majority.

C. C. 362 (356), 1396 (1433), 1413 (1451), 1876 (1870), 2221 (2218), 2498 (2474), 3474 (3437); 4. L. 259, 293; 3 R. 313; 5 R. 83; 11 R. 302; 2 A. 443, 667; 3 A. 328, 533; 6 A. 104; 7 A. 553; 9 A. 117; 10 A. 684; 11 A. 654; 12 A. 430; 13 A. 574; 14 A. 190; 15 A. 15, 528; 18 A. 148, 152; 20 A. 325; 21 A. 505; 22 A. 223.

ART. 3543. All informalities connected with or growing out of any public sale, made by any person authorized to sell at public auction, shall be prescribed against by those claiming under such sale, after the lapse of five years from the time of making