Page:United States Statutes at Large Volume 76A.djvu/378

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–282–

-282(B) for mesne profits of real property. (2) Four years (A) upon a contract, obligation, or liability founded upon an instrument in writing; (B) subject to the provisions of section 44 of this title, to recover: (i) upon a book account whether consisting of one or more entries; (ii) upon an account stated based upon an account in writing, although the acknowledgment of the account stated s•1 + need not be in writing; (iii) a balance due upon a mutual, open, and current account, the items of which are in writing. (3) Three years (A) upon a liability created by statute, other than a penalty or forfeiture; (B) for trespass upon or injury to real property; (C) for taking, detaining, or injuring goods or chattels, including actions for the specific recovery of personal property; (D) for relief on the ground of fraud or mistake in which case the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake. (4) Two years (A) upon a contract, obligation, or liability not founded upon an instrument in writing; other than that mentioned in paragraph (2)(B) of this section; (B) founded upon a contract, obligation, or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insurance, in which case the cause of action does not accrue until the discovery of the loss or damage suffered by the aggrieved party thereunder; (C) against a marshal, 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 omission of an official duty including the nonpayment of money collected upon an execution; except an action for an escape as provided by paragraph (5)(D) of this section. (5) One year (A) upon a statute for a penalty or forfeiture, when the action is given to an individual, or to an individual and the Government, except when the statute imposing it prescribes a different limitation; (B) upon a statute, or upon an undertaking in a criminal action for a forfeiture or penalty to the Government of the Canal Zone; (C) for libel, slander, assault, battery, false imprisonment, seduction, or for injury to or for the death of one caused by the wrongful act or neglect of another, or by a depositor against a bank for the payment of a forged or raised check, or a check that bears a false or unauthorized indorsement; (D) against the marshal or other officer for the escape of a prisoner arrested or imprisoned on civil process. § 43. Actions not otherwise provided for An action for relief not otherwise provided for is barred unless commenced within four years after the cause of action has accrued.