DRAFT CSC, Title 5. The Judiciary
 
CHAPTER 15
Limitation of Actions

1441.  Presumption of satisfaction of judgment.
1442.  Limitation of twenty years.
1443.  Limitation of two years.
1444.  Actions by or against the estate of a deceased person.
1445.  Limitation of six years.
1446.  Disabilities.
1447.  Mutual account.
1448.  Extension of time by absence from the State of Chuuk Trust Territory.
1449.  Extension of time by fraudulent concealment.
1450.  Effect upon causes existing on May 28, 1951.
1451.  Limitation of time for commencing.
1452.  Reckoning of period.
1453.  Contrary agreements.
1454.  Existing rights of action.

      1441.  Presumption of satisfaction of judgment.
     A judgment of any court shall be presumed to be paid and satisfied at the expiration of 20 twenty years after it is rendered.

Source:  (Code 1966, 315; Code 1970, tit. 6, 301.) 6 TTC 7 301, modified.

      1442.  Limitation of twenty years.

     (1)  The following actions shall be commenced only within 20 twenty years after the cause of action accrues:

     (a)  Actions upon a judgment;

     (b)  Actions for the recovery of land or any interest therein.

     (2)  If the cause of action first accrued to an ancestor or predecessor of the person who presents the action, or to any other person under whom he claims, the 20 twenty years shall be computed from the time when the cause of action first accrued.

Source:  (Code 1966, 316; Code 1970, tit. 6, 302.) 6 TTC 7 302, modified.

      1443.  Limitation of two years.
     The following actions shall be commenced only within two years after the cause of action accrues:

     (1)  Actions for assault and battery, false imprisonment, or slander;
 
     (2)  Actions against a chief of police, policeman or other person duly authorized to serve process, for any act or omission in connection with the performance of his official duties.

     (3)  Actions for malpractice, error, or mistake against physicians, surgeons, dentists, medical or dental practitioners, and medical or dental assistants.

     (4)  Actions for injury to or for the death of one caused by the wrongful act or neglect of another, except as otherwise provided in sections 1431-1433 201-203 of this part title, or a depositor against a bank for the payment of a forged or raised check, or a check which bears a forged or unauthorized endorsement.

Source:   (Code 1966, 317; Code 1970, tit. 6, 303.) 6 TTC 7 303, modified.

Case annotations:  Statutory limitation for land actions.  The statute of limitations for an action for recovery of land or any interest therein does not begin to run until the plaintiff has notice that anyone else claims the land.  The statute of limitations in such a case cannot be construed in any other manner. Muna v. Trust Territory (App. Div., May, 1977).

      1444.  Actions by or against the estate of a deceased person.
     Any action by or against the executor, administrator or other representative of a deceased person for a cause of action in favor of, or against, the deceased shall be brought only within two years after the executor, administrator or other representative is appointed or first takes possession of the assets of the deceased.

Source:  (Code 1966, 318; Code 1970, tit. 6, 304.) 6 TTC 7 304.

Case annotations:  Limitation not applicable when action is against government. Where action is not against land trustee representing estate of deceased person but is against the government for return of land transferred to the government by the land trustee, statute is not applicable. Crisostimo v. Trust Territory (App. Div., April, 1976).

      1445.  Limitation of six years.
     All actions other than those covered in the preceding Sections of this Chapter shall be commenced within six years after the cause of action accrues.

Source:  (Code 1966, 319; Code 1970, tit. 6, 305.) 6 TTC 7 305.

Case annotations:  Claims for construction work and erection of neon sign.  Where claims asserted are for original construction work and for erection of a neon sign, section sets out applicable statutes of limitation. Techong v. Peleliu Club (App. Div., April, 1976).

Action against government for return of land transferred to it by estate of deceased.  Where action is not against land trustee representing estate of deceased person but is against the government for return of land transferred to the government by the land trustee, the so-called "catch-all" statute is applicable and is the proper statute of limitations to apply. Crisostimo v. Trust Territory (App. Div., April, 1976).
 
      1446.  Disabilities.
     If the person entitled to a cause of action is a minor or is insane or is imprisoned when the cause of action first accrues, the action may be commenced within the times limited in this Chapter after the disability is removed.

Source:  (Code 1966, 320; Code 1970, tit. 6, 306.) 6 TTC 7 306.

      1447.  Mutual account.
     In an action brought to recover the balance due upon a mutual and open account, or upon a cause of action upon which partial payments have been made, the cause of action shall be considered to have accrued at the time of the last item proved in the account.

Source:  (Code 1966, 321; Code 1970, tit. 6, 307.) 6 TTC 7 307.

      1448.  Extension of time by absence from the State of ChuukTrust Territory.
     If at the time a cause of action shall accrue against any person he shall be out of the State of Chuuk Trust Territory, such action may be commenced within the times limited in this Chapter after he comes into the State of Chuuk Trust Territory. If, after a cause of action shall have accrued against a person he shall depart from and reside out of the State of Chuuk Trust Territory, the time of his absence shall be excluded in determining the time limited for commencement of the action.

Source:  (Code 1966, 322; Code 1970, tit. 6, 308; P.L. No. 4C-55, 1.) 6 TTC 7 308, modified.

      1449.  Extension of time by fraudulent concealment.
     If any person who is liable to any action shall fraudulently conceal the cause of action from the knowledge of the person entitled to bring it, the action may be commenced at any time within the times limited within this Chapter after the person who is entitled to bring the same shall discover or shall have had reasonable opportunity to discover that he has such cause of action, and not afterwards.

Source:  (Code 1966, 323; Code 1970, tit. 6, 309; P.L. No. 4C-55, 2.) 6 TTC 7 309.

      1450.  Effect upon causes existing on May 28, 1951.
     For the purposes of computing the limitations of time provided in this Chapter, any cause of action existing on May 28, 1951 shall be considered to have accrued on that date.

Source:  (Code 1966, 324; Code 1970, tit. 6, 310.) 6 TTC 7 310.

      1451.  Limitation of time for commencing.
     A civil action or proceedings to enforce a cause of action mentioned in this Chapter may be commenced within the period of limitation herein prescribed, and not thereafter, except as otherwise provided in this Chapter.

Source:  (P.L. No. 4C-55, 3.) 6 TTC 7 311.

      1452.  Reckoning of period.
     Except as otherwise provided, periods herein prescribed shall be reckoned from the date when the cause of action accrued.

Source:  (P.L. No. 4C-55, 3.) 6 TTC 7 312.

      1453.  Contrary agreements.
     No agreement made subsequent to the effective date of this section for a period of limitation different from the period described in this Chapter shall be valid.

Source:  (P.L. No. 4C-55,  3.) 6 TTC 7 313.

      1454.  Existing rights of action.
     Revision of this Chapter shall not be construed to extinguish any rights or remedies which have accrued to any party prior to such revision, unless specifically provided otherwise.

Source:  (P.L. No.4C-55, 3.) 6 TTC 7 313.