219. - 2, As to personal actions. It provides that all actions upon the case, all actions of account, all actions of detinue, replevin and trover, all actions of debt founded upon any contract without specialty2, and all actions of debt for arrearages of rents, must be commenced within six years next after the accruing3 of the cause of said actions, and not after. That all actions of trespass4 for breaking enclosures, and all other actions of trespass for any assault, battery, wounding and imprisonment5, must be commenced within four years next after the accruing of such cause of action, and not after. And that actions upon the case for words spoken, must be commenced within two years next after the words spoken, and not after. If the person against whom there is any such cause of action, at the time the same accrued6, was without the limits of the state, and did not leave property or estate therein, that could, by common and ordinary process of law be attached, in that case, the person who is entitled to such action, may commence the same, within the respective periods limited in the preceding clause, after such person's return into the state. If a person, entitled to any of the before described actions, is at the time any such cause of action accrues7, within the age of twenty-one, feme covert8, non compos mentis, imprisoned9, or beyond sea, such person may commence the same within the times respectively, limited as above, after being of full age, discovert, of sane10 memory, at large, or returned from beyond sea.
220. - South Carolina. 1. As to lands. By the act of 1712, s. 2, it is enacted11, that if any person or persons to whom any right or title to lands, tenements12 or hereditaments within this province, shall hereafter descend13 or come, do not prosecute14 the same within five years after such right or title accrued, that then he or they, and all claiming under him or them, shall be forever barred to recover the same.
221. By section 5, that not only the persons who have not made claim within the time limited shall be barred, but also all persons that shall come under such as have lost their claim.
222. And by section 2, that any person or persons beyond the seas, or out of the limits of this province, feme covert, or imprisoned, shall be allowed the space of seven years to prosecute their right or title, or claim to any lands, tenements, or hereditaments in this province, after such right and title accrued to them or any of them, and at no time after the said seven years; and also, any person or persons that are under the age of twenty-one years, shall be allowed to prosecute their claims at any time within two years after they come of age, and if beyond the seas, three years. But a subsequent act, in 1778; Pub. L. 455, s. 2; as to persons under twenty-one, allows five years to prosecute their right to lands, after coming to twenty-one.
223. - 2. As to personal actions. By the act of 1712, s. 6, actions of account, and upon the case, of debt grounded upon any lending or contract without specialty, or for arrearages of rent reserved by indenture15; of covenant16; of trespass, and trespass quare clausum fregit; of detinue, and of replevin for taking away of goods and chattels17; must be commenced within four years next after the cause of such action or suits, and not after. Actions of trespass, of assault and battery, wounding, imprisonment, or any of them, within one year next after the cause of action; and actions on the case for words, within six months next after the words spoken, and not after.
