806 ARTICLE 57.

ARTICLE 57.

LIMITATION OF ACTIONS.

	1. Actions other than those upon speciali- ties ; to what accounts section not applicable.	17. Tax Sales in Montgomery County.

An. Code, 1924, sec. 1. 1912, sec. 1. 1901, sec. 1. 1888, sec. 1. 1715, ch. 23, sec. 2.
1861, ch. 73. 1884, ch. 502. 1933, ch. 54.

1. All actions of account, actions of assumpsit, or on the case, except
as hereinafter provided, actions of debt on simple contract, detinue or
replevin, all actions for trespass for injuries to real or personal property,
all actions for illegal arrest, false imprisonment, or violation of the twenty-
third, twenty-sixth, thirty-first and thirty-second articles of the declaration
of rights, or any of them, or of the existing, or any future provisions of
the code touching the writ of habeas corpus, or proceedings thereunder,
and all actions, whether of debt, ejectment or of any other description
whatsoever, brought to recover rent in arrear, reserved under any form
of lease, whether for ninety-nine years renewable forever, or for a greater
or lesser period, and all distraints issued to recover such rent shall be
commenced, sued or issued within three years from the time the cause
of action accrued; and all actions on the case for libel and slander and
all actions of assault, battery and wounding, or any of them, within one
year from the time the cause of action accrued; this section not to apply
to such accounts as concern the trade or merchandise between merchant
and merchant, their factors and servants who are not residents within this
State.

To take case out of statute, acknowledgment must be of subsisting debt equiv-
alent to implied promise to pay, and not accompanied by qualifications negativ-
ing moral obligation. Case reviewed. Knight v. Knight, 155 Md. 247.

Claim by executrix for over-payment to creditor under belief that estate was
solvent, not barred where she had no knowledge of such insolvency until within
three years of suit brought. Chestertown Bank v. Perkins, 154 Md. 462.

Plaintiff's right of action accrued at beginning of flow of water into basement
and continued until expiration of three years after he ceased to be injuriously
affected; recovery limited to damages sustained within three years prior to suit.
Prayers. Public Utilities Co. v. Baile, 152 Md. 376.

This section not applicable where delay due to agent's concealment of his
appropriation of partnership profits. Curtin v. Gildea, 2 F. (2nd), (Dist. Ct.
Md.), 866.

Maritime lien filed within period required by this section. The Fort Gaines,
24 F. (2nd), (Dist. Ct. Md.), 439.

While this section is not conclusive in admiralty, it will generally be followed.
The General Lincoln, 24 F. (2nd), (Dist. Ct. Md.), 442.

This section referred to in construing art. 101, sec. 39—see notes thereto. Vang
Constr. Co. v. Marcoccia, 154 Md.. 403.
As to limitations on the collection of taxes, see art. 81, sec. 151.