122; 12 id. 349; 6 How. 550; 14 N. Y. 16; 5 Metc. Mass. 168; 2 All. Mass. 436. Subject to this qualification, a law may extend or reduce the time already limited. But a cause of action already barred by pre-existing statutes will not be revived by a statute extending the time, 5 Metc. Mass. 400; 7 Penn. St. 292; 25 Vt. 41; 8 Blackf. Ind. 506; though if it be not already barred a statute extending the time will apply. 1T. L. Smith, Ind. 8. 4. Courts of equity, though not within the terms of the statute, have nevertheless been uniformly regarded as within its spirit, and have, as a general rule, been governed by its provisions, unless special circumstances, where there has been no laches, in the interests of justice, require that they should be disregarded. 2 Schoales & L. Ir. Ch. 329, 630; 12 Pet. 56; 7 Johns. Ch. N. Y. 90; 2 Den. N. Y. 577; 9 Pick. Mass. 1; 3 All. Mass. 42. And in some cases when claims are not barred by the statute of limitations, a court of equity will refuse to interfere, on grounds of public | policy, and the difficulty of doing entire justice between the parties when the original transaction may have become obscure by the lapse of time and the evidence lost, 1 Dav. Dist. Ct. 252; 1 Jones, No. C. Eq. 18; though a lapse of time short of that of the statute of limitations will not be held a bar without strong reasons. 1 Woodb. & M. C. C. 90. 5. But in a proper case, as where there is fraud undiscovered till the statute has become a bar, or it is the fault and wrong of the defendant that the plaintiff did not enforce his legal rights within the limited time, courts of equity will not hesitate to interfere in the interest of justice, and entertain suits long since barred at law. 5 Johns. Ch. N. Y. 522; 4 How. 503; 2 Schoales & L. Ir. Ch. 630; 8 Ves. Ch. 73; 2 Sim. Ch. 340. But here, again, courts of equity will proceed with great caution, 7 How. 819; and hold the complainant to allegation and proof of his ignorance of the fraud and when and how it was discovered. 1 Curt. C. C. 390. Subject to these conditions, a claim forty years old for services was sustained against a defendant who had obtained them by falsely representing to the person who rendered them that he was a slave. 12 Penn. St. 49. 6. And courts of admiralty are governed by substantially the same rules as courts of equity. 3 Mas. C. C. 95; 2 Sumn. C. C. 212. And although the statute does not apply in terms to probate courts, there seems to be no reason why the statute of limitations should not be applied according to the principles of equity. 1 Bradf. Surr. N. Y. 1.′ AS TO PERSONAL ACTIONS. It is generally provided that personal actions shall be brought within a certain specified time-usually six years or less-from the time when the cause of action accrues, and not after; and hereupon, whether the limitation be one or twenty years (the latter being the limit applicable to personal actions not otherwise specially limited), the question at once arises when the cause of action in each particular case accrues. 7. Cause of action accrues when. The rule that the cause of action accrues when and so soon as there is a right to apply to the court for relief by no means solves the difficulty. When does the right itself so to apply accrue? Upon this point the decisions are so numerous and so conflicting, or perhaps, more accurately speaking, so controlled by particular circumstances, that no inflexible rule can be extracted therefrom. In general, it may be said that in actions of contract the cause of action accrues when there is a breach of the contract. 3 Barnew. & Ald. 288; 3 Johns. N. Y. 137. 8. When a note (except bank-notes, 2 Sneed, Tenn. 482) is payable on demand, the statute begins to run from its date, 2 Mees. & W. Exch. 467; 9 Pick. Mass. 488; and if there is no date, then from the delivery, 1 Harr. & G. Md. 439; and the rule is the same if the note is payable "at any time within six years," 39 Me. 492; or borrowed money is to be paid "when called on." 1 Harr. & G. Md. 439. If the note be payable in certain days after demand, sight, or notice, the statute begins to run from the demand, sight, or notice, 13 Wend. N. Y. 267; 2 Taunt. 323; 4 Mas. C. C. 336; but the demand itself should be made within the time limited for bringing the action on the note; else a note limited to six years might be kept open indefinitely by a failure to make a demand. 10 Pick. Mass. 120. And when the note is on interest, this does not become barred by the statutes till the principal, or some distinct portion of it, becomes barred. 2 Cush. Mass. 92; 1 Hall, N. Y. 314. If the note be entitled to grace, the statute runs from the last day of grace. 11 Me. 412. 9. Where money is paid by mistake, the statute begins to run from the time of payment, 9 Cow. N. Y. 674; also in case of usury, 6 Ga. 228, or where paid for another as surety. 6 Cow. N. Y. 225. If money is payable by instalments, the statute runs against each instalment as it becomes due. 20 Me. 400, unless it is agreed that upon de fault the whole shall become due. 3 Gale & D. Exch. 402. Where a contract takes effect upon some condition or contingency, or the happening of some event, the statute runs from the performance of the condition, 5 Pick. Mass. 384, or the happening of the contingency or event, 3 Penn. St. 149, and not from the date of the contract. On an agreement to devise, the statute runs from the death of the promissor. 9 Penn. St. 260. When money is paid, and there is afterwards a failure of consideration, the statute runs from the failure. 14 Mass. 425. 10. Where continuous services are rendered, as by an attorney in the conduct of a suit, 1 Barnew. & Ad. 15, or by a mechanic in doing a job, 16 Ill. 341, the statute begins to run from the completion of the service. On a promise of indemnity, when the promissee pays money or is damnified, the statute begins to run. 12 Metc. Mass. 130. In cases of negligence, carelessness, unskilfulness, and the like, the statute runs from the time when these happen respectively, and not from the time when damages accrue therefrom, 4 Pet. 172; and so, generally, in cases of tort when the wrong is done or the right is invaded. 8 East, 4; 10 Wend. N. Y. 260; 24 Penn. St. 186. Thus, where an attorney negligently invests money in a poor security, the statute runs from the investment, 2 Brod. & B. 73; so, where a party neglected to remove goods from a warehouse, whereby the plaintiff was obliged to pay damages, the statute runs from the neglect, and not from the payment of damages, 3 Johns. N. Y. 137; so, where the defendant agreed to go into another state and collect some money, and on his return to pay off a certain judgment, the statute was held to run from the return. 3 Ired. No. C. 481. runs from the escape, 2 Mod. 222; if he takes insufficient bail, from the return of non est inventus upon execution against the principal debtor, 17 Mass. 60; 20 Me. 93; if he receive money in scire facias, from its reception, 9 Ga. 413; if he neglects to attach sufficient property, on the return of the writ, and not from the time when the insufficiency of the property is ascertained. 27 Me. 443. 14. In cases of nuisance, the statute begins to run from the injury to the right, without reference to the question of the amount of the damage, the law holding the violation of a right as some damage. 8 East, 4. And so when a party having a right to use laud for a specific purpose puts it to other uses, or wrongfully disposes of property rightfully in possession, the statute begins to run from the perversion. 24 Penn. St. 186; 15 Mass. 82. In trover, the statute runs from the conversion, 7 Mod. 99; 4 Harr. & J. Md. 393; in replevin, from the unlawful taking or detention. The limitation in the statute of James of actions for slander to two years next after the words spoken, applies only to cases where the words are actionable in themselves. 1 Salk. 206. 15. Adverse possession of personal property gives title in six years after the possession becomes adverse. 16 Vt. 124; 1 Brev. So. C. 111; 16 Ala. N. s. 696; 9 Tex. 123. But different adverse possessions cannot be linked together to give title. 3 Strobh. So. C. 31; 1 Swann, Tenn. 501. The statute acts upon the title, and, when the bar is perfect, transfers the property to the adverse possessor; while in contracts for the payment there is no such thing as adverse possession, but the statute simply affects the remedy, and not the debt. 18 Ala. N. s. 248. 11. The breach of the contract is the gist of the action, and not the damages resulting therefrom. 5 Barnew. & C. 259; 1 Sandf. N. Y. 98; 6 Ohio, 276. Thus, where the defendant had contracted to sell the plaintiff a quantity of salt, but was unable, by reason of the destruction of the salt, to deliver on demand, and prolonged negotiations for settlement till the statutory limitation had expired, and then refused, the statute was held to run from the demand, the non-delivery being a breach of the contract. 1 Eng. L. & Eq. 44. So, where a notary public neglects to give seasonable notice of non-payment of a note, and the bank employing him was held responsible for the failure, upon suit brought by the bank against the notary to recover the 16. Computation of time. In computing damages it had been obliged to pay, the action the time limited, much discussion has been was held to be barred, it not being within six had in the courts whether the day when the years of the notary's default, though within statute begins to run is to be included or exsix years of the time when the bank was re- cluded, but without any satisfactory result. quired to pay damages. 6 Cow. N. Y. 278. It is most generally held that when the com12. So, where an attorney makes a mistake putation is from an act done, or the happenin a writ, whereupon, after prolonged litiga-ing of an event, the day upon which the act tion, nonsuit follows, but not till an action is done, or event happens, is to be included, against the indorser on the note originally and when it is from the date, the day of the sued has become barred, the mistake was held date is excluded. 9 Cranch, 120; 9 N. II. 304. to set the statute in motion. 4 Pet. 172; 4 This rule, however, of including the day upon Ala. 495. A captain who barratrously loses which an act is done, is subject to so many his vessel is freed from his liability to the exceptions and qualifications that it can underwriter in six years after the last act in hardly be said to be a rule, and the cases are the barratrous proceeding. 1 Campb. 539. wholly irreconcilable with it. It has been Directors of a bank liable by statute for mis- well said that whether the day upon which management are discharged in six years after an act is done or an event happens is to be the insolvency of the bank is made known. included or excluded, depends upon the cir16 Mass. 68. cumstances and reason of the thing, so that the intention of the parties may be effected; and such a construction should be given as will operate most to the ease of the party entitled to favor, and by which rights will be secured and forfeitures avoided. 1 Tex. 107. Fractions of a day are not regarded, unless it becomes necessary in a question of priority, 8 Ves. Ch. 83; 9 Eng. L. & Eq. 457; 3 Den. N. Y. 12; 6 Gray, Mass. 316; and then only 13. If a sheriff make an insufficient return, and there is in consequence a reversal of judgment, the statute runs from the return, and not from the reversal of judgment. 16 Mass. 456. So where a sheriff collects money and makes due return but fails to pay over, the statute runs from the return, 11 Ala. 679, or from the demand by the creditor. 10 Metc. Mass. 244. If he suffers an escape, it in questions concerning private acts and transactions. 20 Vt. 653. 17. Exceptions to general rule. If, when the right of action would otherwise accrue and the statute begin to run, there is no person who can exercise the right, the statute does not begin to run till there is such a person. Thus, if a note matures after the decease of the promissee, and prior to the issue of letters of administration, the statute runs from the date of the letters of administration, unless otherwise specified in the statute, 5 Barnew. & Ald. 204; 13 Wend. N. Y. 216; 9 Leigh, Va. 79; 11 Metc. Mass. 445; 15 Conn. 145; in Missouri, from the date of notice that letters of administration have issued, 9 Mo. 262. But if the statute begins to run before the death of the testator or intestate, it is not interrupted by his death, 4 Mees. & W. Exch. 42; 3 Mylne & C. Ch. 455; 4 Edw. Ch. N. Y. 733; 18 Miss. 100; nor by the death of the administrator, 17 Ala. N. s. 291; nor by his removal from the state. 15 Ala. N. s. 545. 18. And the courts will not recognize exemptions, where the statute has once begun to run, because they are within the equity and reason of the statute, if they are not within its letter. Thus, an insolvent's discharge as effectually removes him from pursuit by his creditor as absence from the state; but it is not an exception within the statute, and cannot avail. 1 Whart. Penn. 106; 1 Cow. N. Y. 356; 6 Gray, Mass. 517. A creditor's absence makes it inconvenient for him to return and sue; but he may so do, and he must, or be barred. 17 Ves. Ch. 38; 1 Wils. Ch. 134; 1 Johns. N. Y. 165. And it has ever been held that a statutory impediment to the assertion of title will not help the party so impeded, 2 Wheat. 25; nor even a state of war, which closes the courts. 2 Salk, 420. 19. There are many authorities, however, to show that if, by the interposition of courts, or the provisions of a statute, a person cannot be sued for a limited time, the currency of the statute is suspended during that period. In other words, if the law interposes to prevent suit, it will see to it that he who has a right of action shall not be prejudiced thereby. 10 Gill & J. Md. 246; 4 Md. Ch. Dec. 368; 5 Ga. 66; 3 McLean, C. C. 568; 12 Wheat. 129; 2 Den. N. Y. 577; 20 How. 128. Thus, an injunction suspends the statute. 1 Md. Ch. Dec. 182; 12 Gratt. Va. 579; 2 Stockt. N. J. 347; 10 Humphr. Tenn. And so does an assignment of an insolvent's effects, as between the estate and the creditors, 7 Metc. Mass. 435; 1 Cush. Mass. 461; 12 La. Ann. 216; though not, as has just been said, as between the debtor and his creditor. 6 Gray, Mass. 517. 20. But when the statute does not in terms exclude and limit a particular case, the court will not extend it, although the case comes within the reason of the statute. Thus, in Illinois, where the action of debt will lie wherever indebitatus assumpsit will, and justices of the peace have jurisdiction of both actions, the summons being the same in both forms of action, if the statute of limitations is pleaded the law will presume that to be the particular form which is best calculated to advance the plaintiff's remedy. 9 Ill. 193. So the Alabama act, which permits an action to be commenced within a year after the reversal of a previous judgment, was held, in favor of the plaintiff, to apply to a case when, by the action of an inferior court, the cause was discontinued as to two of the defendants, and thus caused a reversal of the judgment as to the other defendant, although not within the letter of the statute. 11 Ala. N. s. 356. 21. By the special provisions of the statute, infants, married women, persons non compos mentis, those imprisoned, and those beyond seas, out of the state, out of the realm, or out of the country, are regarded as affected by the incapacity to sue, or, in other words, as being under disability, and have, therefore, the right of action secured to them until the expiration of the time limited, after the removal of the disability. These personal exceptions have been strictly construed, and the party alleging the disability has been very uniformly held to bring himself exactly within the express words of the statute to entitle himself to the benefit of the exception. To bring himself within the spirit or supposed reason of the exception is not enough. 1 Cow. N. Y. 356; 3 Green, N. J. 171; 2 Curt. C. C. 480; 17 Ves. Ch. 87. And this privilege is accorded although the person laboring under the statute disability might in fact bring suit. Thus, an infant may sue before he arrives at his majority, but he is not obliged to, and his right is saved if he does not. 2 Saund. 117. The disability must, however, be continuous and identical. One disability cannot be superadded to another so as to prolong the time, and if the statute once begins to run, whether before a disability exists or after it has been removed, no intervention of another and subsequent disability can stop it. 1 Wils. Ch. 134; 2 M'Cord, So. C. 269; 1 Johns. N. Y. 165. When, however, there are two or more coexisting disabilities at the time the right of action accrues, suit need not be brought till all are removed. 1 Atk. Ch. 610; 12 Me. 397; 3 Johns. Ch. N. Y. 129. 22. Beyond seas means without the jurisdiction of the state or government in which the question arises. 1 Show. 91; 3 Cranch, 174; 3 Wheat. 341; 1 Harr. & M’H. Md.; 14 Pet. 41; 2 M'Cord, So. C. 331; 13 N. H. 79. In Pennsylvania and Missouri, however, and perhaps other states, contrary to the very uniform current of authorities, beyond seas is held to mean out of the limits of the United States. 2 Dall. Penn. 217; 13 Mo. 216. And the United States courts adopt and follow the decisions of the respective states upon the interpretation of their respective laws. 2 How. 76; 12 Pet. 32. What constitutes absence out of the state within the meaning of the statute, is wholly undeterminable by any rule to be drawn from the decisions. It seems to be agreed that temporary absence is not enough; but what is a temporary absence is by no means agreed. 23. The word return, as applied to an absent debtor, applies as well to foreigners, or residents out of the state coming to the state, as to citizens of the state who have gone abroad and have returned. 3 Johns. N. Y. 267; 11 Pick. Mass. 36. And in order to set the statute in motion the return must be open, public, and such and under such circumstances as will give a party, who exercises ordinary diligence, an opportunity to bring his action. 10 Johns. N. Y. 264; 1 Pick. Mass. 263; 3 Gill & J. Md. 158. Such a return, though temporary, will be sufficient. 8 Cranch, U. S. 179. But if the return is such and under such circumstances as to show that the party does not intend that his creditor shall take advantage of his presence, or such, in fact, that he cannot without extraordinary vigilance avail himself of it,-if it is secret, concealed, or clandestine,-it is insufficient. The absence of one of several joint-plaintiffs does not prevent the running of the statute, 4 Term, 516; but the absence of one of several joint-defendants does. 29 Eng. L. & Eq. 271. This at least seems to be the settled law of England; but the cases in the several states of the Union are conflicting upon these points. is no abatement within the statute; it is rather a voluntary abandonment. 8 Cranch, 84. And so, generally, of any act of the party or his attorney whereby the suit is abated or the action fails. 3 M'Cord, So. C. 452; 29 Me. 458; 1 Mich. 252; 6 Cush. Mass. 417. 26. A nonsuit is in some states held to be within the equity of the statute, 13 Ired. No. C. 123; 4 Ohio St. 172; 12 La. Ann. 672; but generally otherwise. 1 Serg. & R. Penn. 236; 3 M’Cord, So. C. 452; 3 Harr. N. J. 269. If there are two defendants, and by reason of a failure of service upon one an alias writ is taken out, this is no continuance, but a new action, and the statute is a bar. 6 Watts, Penn. 528. So of amending bill introducing new parties. 6 Pet. 61. A dismissal of the action because of the clerk's omission to seasonably enter it on the docket is for matter of form, 7 Gray, Mass. 165; and so is a dismissal for want of jurisdiction, where the action is brought in the wrong county. 1 Gray, Mass. 580. In Maine, however, a wrong venue is not matter of form. 38 Me. 217. The statute is a bar to an action at law after a dismissal from chancery for want of jurisdiction. 16 Wend. N. Y. 572; 1 Atk. Ch. 1; 2 Munf. Va. 181; 18 Ala. N. s. 307. 24. Commencement of process. The ques- 27. Lex fori governs. Questions under tion sometimes arises as to what constitutes the statute are to be decided by the law of the bringing an action or the commencement the place where the action is brought, and of process, and this is very uniformly held to not by the law of the place where the contract be the delivery or transmission by mail in due is made or the wrong done. If the statute course of the writ or process to the sheriff in has run against a claim in one state, the remgood faith, for service. 18 Johns. N. Y. 14; edy is gone, but the right is not extinguished; 14 Wend. N. Y. 649; 1 Paige, Ch. N. Y. 564. and therefore the right may be enforced in In Connecticut, the actual service of the writ another state where the remedy is still open, is held to be the commencement of the action, the time limited by the statute not having ex17 Conn. 213; in Arkansas, the issuance ofpired. 15 East, 439; 2 Mas. C. C. 159; 9 the writ, 5 Eng. Ark. 479; in Vermont, the taking out of the writ, if it be served in time for the next court to which it is returnable. 1 N. Chipm. Vt. 94. The date of the writ is prima facie evidence of the time of its issuance. 17 Pick. Mass. 407; 7 Me. 370. 25. If the writ or process seasonably issued fail of a sufficient service or return by any unavoidable accident, or by any default or neglect of the officer to whom it is committed, or is abated, or the action is otherwise avoided by the death of any party thereto, or for any matter of form, or judgment for plaintiff be arrested or reversed, the plaintiff may commence a new action within a reasonable time; and that reasonable time is usually fixed by the statute at one year, and by the courts in the absence of statutory provision, at the same period. 10 Wend. N. Y. 276. Irregularity of the mail is an inevitable accident within the meaning of the statute. 8 Me. 497. And so is a failure of service by reason of the removal of the defendant, without the knowledge of the plaintiff, from the county in which he had resided and to which the writ was seasonably sent. 12 Metc. Mass. 15. But a mistake of the attorney as to time of the sitting of the court, and consequent failure to enter, is not. 29 Me. 458. An abatement by the marriage of the female plaintiff How. 407; 11 Pick. Mass. 36. So if the statute of the place of the contract is still unexpired, yet an action brought in another place is governed by the lex fori, and may be barred. 1 Caines, N. Y. 402. But statutes giving title by adverse possession are to be distinguished from statutes of limitation. Adverse possession gives title; lapse of time bars the remedy only. And a right acquired by adverse possession in the place where the adverse possession is had is good elsewhere. 11 Wheat. 361; 9 How. 407; 5 Ala. N. s. 108; 16 Ark. 384. 28. Public rights not affected. Statutes of limitation do not run against the state or the United States, unless it is expressly so provided in the statute itself. No laches is to be imputed to the government. 18 Johns. N. Y. 228; 4 Mass. 526. But this principle has no application when a party seeks his private rights in the name of the state. Counties, towns, and municipal bodies not possessed of the attributes of sovereignty have no exemption. 4 Dev. No. C. 568; 22 Me. 445; 12 Ill. 38. If, however, the sovereign becomes a party in a private enterprise, as, for instance, a stockholder in a bank, he subjects himself to the operation of the statute. 3 Pet. 30. 29. Particular classes of actions. Actions of trespass, trespass quare clausum, detinue, account, trover, replevin, and upon the case (except actions for slander), and action of debt for arrearages of rent, and of debt grounded upon any lending or contract without specialty, or simple contract debt, are usually limited to six years. Actions for slander, libel, assault, and the like, are usually limited to a less time, generally two years. Judgment of courts not of record, as courts of justices of the peace, and county commissioners' courts, are in some states, either by statute or the decisions of the highest courts, included in the category of debts founded on contract without specialty. 13 Metc. Mass. 251; 2 Bail. So. C. 58; 37 Me. 29. In others, however, they are excluded upon the ground that the statute applies only to debts founded on contracts in fact, and not to debts founded on contracts implied by law. 14 Johns. N. Y. 480. 30. Action of assumpsit, though not specifically named in the original statute of James I. as included within the limitation of six years, were held in England, after much discussion, to be fairly embraced in actions of "trespass." 4 Ad. & E. 912. The same rule has been adopted in this country, 5 Ohio, 444; 3 Pet. 270; 1 Morr. Iowa, 59; and, in fact, assumpsit is expressly included in most of the statutes. And it has also been held in this country that statutes of limitation apply as well to motions made under a statute as to actions. 11 Humphr. Tenn. 423. Such statutes are in aid of the common law, and furnish a general rule for cases that are analogous in their subject-matter, but for which a remedy unknown to the common law has been provided by statutes; as where compensation is sought for land taken for a railroad. 23 Penn. St. 371. 31. A set-off cannot usually be pleaded in bar, 5 East, 16; 3 Johns. N. Y. 261; though when there are cross-demands accruing at nearly the same time, and the plaintiff has saved the statute by suing out process, the defendant will be allowed to set off his demand, 2 Esp. 569; and, generally, when there is any equitable matter of defence in the nature of set-off, or which might be the subject of a cross-action, growing out of the subject-matter for which the action is brought, courts will permit it to be set up although a cross-action or an action on the claim in setoff might be barred by the statute. 8 Rich. So. C. 113; 9 Ga. 398; 11 Eng. L. & Eq. 10; 2 Green, N. J. 545; 8 B. Monr. Ky.580. Alien is not lost though an action to recover on the debt or obligation secured by the pledge may be barred. 3 Esp. 81; 2 Barnew. & Ad. 413; 19 Pick. Mass. 535. years. A mortgage, though under seal, does not take the note, not witnessed, secured thereby, with it, out of the limitation of simple contracts. 7 Wend. N. Y. 94. And though liabilities imposed by statute are specialties, a liability under a by-law made by virtue of a charter is not, 6 Eng. L. & Eq. 309; on the ground that by becoming a member of the company enacting the by-laws the party consents and agrees to assume the liabilities imposed thereby. 33. An action brought by the payee of a witnessed promissory note, his executor or administrator, is in some states excepted from the limitation of simple contracts, and is only barred by the lapse of twenty years. But the indorsee of such a note must sue within six years from the time of the transfer to him, 4 Pick. Mass. 384; though he may sue after that time in the name of the payee, with his consent. 4 Cush. Mass. 176. If there are two promissees to the note, and the signature of only one is witnessed, the note as to the other is not a witnessed note. 4 Metc. Mass. 406; 18 Shep. Me. 49. And the attestation of the witness must be with the knowledge and consent of the maker of the note. 8 Pick. Mass. 246; 1 Mas. Vt. 26. An attested indorsement signed by the promissee, acknowledging the note to be due, is not a witnessed note, 23 Pick. Mass. 282; but the same acknowledgment for value received, with a promise to pay the note, is. 1 Metc. Mass. 21. If the note be payable to the maker's own order, witnessed and indorsed by the maker in blank, the indorsement being without attestation, an action by the first indorsee is barred in six years. 4 Metc. Mass. 219. And even if the indorsement be attested, a second indorsee or holder by delivery, not being the original payee, is barred. 13 Metc. Mass. 128. 34. Statute bar avoided, when. Trusts in general are not within the operation of the statute, where they are direct and exclusively within the jurisdiction of a court of equity, and the question arises between the trustees and the cestui que trust. 7 Johns. Ch. N. Y. 90; 1 Watts, Penn. 275. And of this character are the trusts of executors, administrators, guardians, assignees of insolvents, and the like. The claim or title of such trustees is that of the cestui que trust. 2 Schoales & L. Ir. Ch. 607. Special limitations to actions at law are made in some states in favor of executors and administrators, modifying or abrogating the rule in equity; and as these laws are made in the interest of the trust funds, it is the duty of the executor or administrator to plead the special statute which applies to him as such and protects the estate he represents, though he is not bound to plead the general statute. 13 Mass. 203; 3 N. H. 491; 15 id. 58. 32. Debts by specialty, as contracts under seal, judgments of courts of record (except foreign judgments, and judgments of courts out of the state, upon which the decisions are very discordant), liabilities imposed by 35. If, however, the trustee deny the statute, awards under seal, or where the sub-right of his cestui que trust, and claim admission is under seal, indentures reserving rent, and actions for legacies, are affected only by the general limitation of twenty versely to him, and these facts come to the knowledge of the cestui que trust, the statute will begin to run from the time when the |