MARVIN MANDEL, Governor                                 205

The notice requirement is a condition
precedent to filing a suit but if notice is
given, the plaintiff may actually file his
suit at any time within the applicable
limitations period.

See inter alia, §3-904(f) of this article -
Wrongful Death; Art. 45, §1 - Creditor's
rights in wife's property; Art. 43, §64 -
Recovery of hospital expenses; Art. 47, §23
- Insolvents; Art. 82, §2 — Riots; Art.
100, §55D - Equal pay; Art. 101, §58 -
Workman's compensation; Art. 93, §8-103 -
Claims against estates.

Throughout this draft the language in some
present sections "barring" an action after
limitations have run is proposed for
deletion. An action is not "barred", in
the usual sense, by limitations;
limitations is an affirmative defense and
must be specially pleaded.

The "shall be brought within" language of
the revised sections requires that an
action be brought before limitations have

run.

The "laundry list" of actions contained in
the present statute is confusing because
many of the actions listed are obscure,
i.e. Account (the legal action); habeas
corpus (it is not clear which of the eight
writs of habeas corpus this section applies
to); case; and assumpsit (generally
referred to now as quasi contract).

In addition, it is possible that the
legislature has provided no statute of
limitations for some statutory causes of
action which cannot properly be considered
action of "case", "assumpsit", or
"contract". Some "modern cannon—law" torts
(i.e., invasion of privacy), may not
technically be actions on the case.

Apparently the legislature intended to
cover all causes of action existing in 1729
when this section was enacted, subject to
certain exceptions. It is believed that
this section effectuates this intention in