allowance shall be made him as justice may require; and no such account shall be allowed unless it shall be presented within one year after the service is performed. SEC. 27. No sheriff or deputy sheriff shall be suffered to appear in any court or before any justice, as attorney to any party in a suit, and if any sheriff or deputy sheriff shall make any process, writ, declaration or plea for any other person, the same shall be void. SEC. 28. The deputies of each sheriff shall once in every twelve months at least, and oftener if required, render to such sheriff under oath a true account of all fees which they shall have received, or which shall accrue to them by virtue of their office, for their travel and service on all writs of mesne process, and pay over to the sheriff twenty per cent. of the amount thereof. SEC. 29. Every sheriff shall, on the first Tuesday of January annually, render to the county treasurer under oath a true account of all moneys received from his deputies by virtue of his office, and return to such treasurer the accounts rendered him by his deputies, and the treasurer shall state the same in the annual statements he is required to make for publication. SEC. 30. Such sheriff shall retain for his own use, if he shall receive so much, the sum allowed him by law, and the residue of the sums received by him as aforesaid, he shall, at the time of rendering his account, pay over to the county treasurer for the use of the county. SEC. 31. Every sheriff shall retain for his own use the fees for all services by him personally made, and which he is by law bound to perform. SEC. 32. No sheriff or deputy shall be disqualified from serving any writ or precept, in which any town or other corporation is a party, by reason of such sheriff or deputy being a citizen of such town, or a member of such corporation. (Laws of 1844, chap. 140.) SEC. 33. Whenever any sheriff, having in his hands money collected on legal process, shall be trusteed therefor, and shall refuse to pay over the same to the owner, there being first tendered to him a bond with sufficient surety to repay the same, or so much thereof as he may be charged with, including his legal costs, whenever he may be so charged, then the said sheriff shall be liable for interest on the same, from the time of the tender of such bond. (Laws of 1845, chap. 232.) SECTION 1. Every coroner, before he enters upon the duties of his office, shall give bond to the county for which he is commissioned, in the sum of five thousand dollars, conditioned for the faithful discharge of the duties of his office, with sufficient sureties, to be approved by the justices of the court of common pleas, and to be kept by the clerk of said court. SEC. 2. Any person injured by the breach of any coroner's bond, may commence and maintain an action thereon, in the same manner he might do upon the bond given by a sheriff, if he were injured by the breach thereof, and subject to the same provisions. SEC. 3. The coroner shall serve and execute all writs and processes directed to him, when the sheriff is a party, and in all cases where the sheriff is a party interested, or related to either party, he shall return talesmen and attend the jury, and in all such cases he shall have the same powers and authority as is by law vested in sheriffs in similar cases. SEC. 4. Any person injured by the breach of any constable's bond, may commence and maintain an action thereon, in the name of the town, in the same manner he might do in the name of the county upon the bond given by the sheriff, if he were injured by the breach thereof, and subject to the same provisions. SEC. 5. Any constable to whom any writ or other legal precept may be directed by a justice of the peace, is empowered and required to serve and return the same according to law, and is vested with the same powers and subject to the same liabilities in relation thereto as sheriffs are in like cases. TITLE XXI. OF ACTIONS AND PROCESS. CHAPTER 191. Of actions. CHAPTER 192. Of the limitation of suits. CHAPTER 196. Of the exemption of the homestead from attachment and levy or sale on execution. CHAPTER 197. Of arrests and bail. SECTION 1. All personal or transitory actions, where both parties are inhabitants of this State, may be commenced in the county where either of the parties to the writ may be an inhabitant, and not elsewhere. SEC. 2. Any person who has sustained or may sustain any loss by fire of buildings or other property insured by any insurance company in this State, may bring his action for said loss in any county in this "State where the insured resides. (Laws of 1849, chap. 844.) SEC. 3. Actions of scire facias upon any judgment or other proceeding before a justice may be commenced in the court of common pleas, where the amount of the judgment or other demand claimed, including costs and interest, shall exceed thirteen dollars and thirty-three cents. SEC. 4. An action of debt may be maintained, if commenced within six years, upon any judgment upon which an execution has been issued and returned satisfied, where it shall appear that the property levied or extended upon was not liable to be so levied or extended upon, for the amount equitably due and costs of levying, and such levy shall not be a discharge of such debt for any purpose. SEC. 5. Any copartner or joint owner may maintain an action of assumpsit against one or more of his copartners or joint owners, to recover his just share of any goods or chattels, choses in action or the proceeds thereof received by such copartners or joint owners, and not accounted for, delivered, paid or otherwise settled for on demand. SEC. 6. Any cotenant of real estate may recover by action of assumpsit against one or more of his cotenants his just share of the value of any trees destroyed, or cut or carried away by such cotenant, which were standing, lying or growing on such real estate, or of any other property attached thereto and destroyed, severed or carried away by such cotenant. SEC. 7. If any cotenant of any real estate shall hold the exclusive possession and income thereof, against the will and without the consent of his cotenant, the cotenant so excluded may, in an action of assumpsit, recover of the person holding such possession the full amount of all damages he may have sustained thereby. SEC. 8. No action shall be maintained upon any contract for the sale of lands, unless the agreement upon which such action shall be brought, or some memorandum thereof, is in writing, and signed by the parties to be charged therewith, or by some other person thereunto lawfully authorized by writing. SEC. 9. No action shall be brought in the following cases: First; to charge any executor or administrator upon any special promise to answer damages out of his own estate: Second; to charge any person upon any special promise to answer for the debt, default or miscarriage of another person: Third; to charge any person upon an agreement made upon consideration of marriage: Fourth; to charge any person upon any agreement that is not to be performed within one year from the time of making it: Unless such promise or agreement, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized. SEC. 10. No action shall be brought upon any contract for the sale of any goods, wares or merchandise for the price of thirty three dollars or upwards, and no such contract shall be valid unless the buyer shall accept part of the property so sold and actually receive the same, or give something in earnest to bind the bargain or in part payment, or unless some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized. SEC. 11. No bill of exchange, negotiable promissory note, order or draft, except such as are payable on demand, shall be payable until days of grace have been allowed thereon, unless it appear in the instrument that it was the intention of the parties that days of grace should not be allowed. SEC. 12. If any person shall be compelled to pay any sum of money on the account of the escape of any prisoner, he may maintain an action therefor against such prisoner, and all persons aiding such escape. SEC. 13. An action upon the case, and no other, shall be commenced against any sheriff, deputy sheriff, coroner or other officer for any damages arising from any default or misconduct in his office. SECTION 1. No action for the recovery of any real estate shall be maintained, unless such action is brought within twenty years after the right first accrued to the plaintiff, or to any person under whom he claims, to commence an action for the recovery thereof. SEC. 2. If the person first entitled to maintain an action for |