11. The brea'ch of the contract is the gist of the action, and not the damages resulting therefrom. 5 Barnew. & C. 259 ; 1 Sandf. N. Y. 98 ; 6 Ohio, 276. Thus, where the de fendant had contracted to sell the plaintiff a quantity of salt, but was unable, hy reason of the destruction of the salt, to deliver on demand, and prolonged negotiations for set. dement till the statutory limitation had ex pired, e,nd then refused, the statute was held to run from the demand, the non-delivery being a breach of the contract. 1 Eng. L. & Eq. 44. So, where a notar y public neglects to give seasonable notice of non-payment of a note, and the bank employing him was held responsible for the failure, upon suit-brought by the bank against the notary to recover the damages it had been Obliged to pay, the action was held to be barred, it not being within six years of the notary's default, though within six years of the time when the bank was re quired to pay damages. 6 Cow. N. Y. 278.
12. So, where an attorney makes a mistake in a writ, whereupon, after prolonged litiga tion, nonsuit follows, but not till an action against the indorser on the note originally sued has become barred, the mistake was held to set the statute in motion. 4 Pet. 172 ; 4 Ala. 495. A captain who barratrously loses his vessel is freed from his liability to the underwriter in six years after the last act in the barratrous proceeding. 1 Campb. 539. Directors of a bank liable by statute for mis management are discharged in six years after the insolvency of the bank is made known. 16 Mass. 88.
. 13. If a sheriffmake an insufficient return, and there is in consequence a reversal of judgment, the statute runs from the return, and not from the reversal of judgment. 16 1Vlass. 456. So where a sheriff collects money and makes due return but fails to pay over, the statute runs from the return, 11 Ala. 679, or from the demand by the creditor. 10 Mete. Mass. 244. If he suffers an escape, it runs from the escape, 2 Mod. 222 ; he takes insufficient bail, from the return of non est inventus upon execution against the prin cipal debtor, 17 Mass. 60; 20 Me. 93 ; if be re ceive money in mire facias, from its reception, 9 Ga. 413; if he neglects to attach sufficient property, on the return of' the writ, and not from the time when the insufficiency of the property is ascertained. 27 Me. 443.
14. In cases of nuisance, the statute begins to run from the injury to the right, without reference to the question of the amount of the damage, the law holding the violation of a right as some damage. 8 Eitst, 4. And so
when a party having a right to use land for a specific purpose puts it to other uses, or wrongfully disposes of property rightfully in possession, the statute begins to run from the perversion. 24 Penn. St. 186; 15 Mass. 82. In trover, the statute runs from the conversion, 7 Med. 99; 4 Harr. & J. Md. 393 ; in reple Din, from the unlawful taking or detention. The limitation in the statute of James of actions for slander to two years next after the words spoken, applies only to cases where the words are actionable in themselves. 1 Salk. 206.
16. Adverse possession of personal property gives title in six years after the possession becomes adverse. 16 Vt. 124; 1 Brev. So. C. 111; 16 Ala. N. e. 696; 9 Tex. 123. But dif ferent adverse possessions cannot be linked together to give title. 3 Strobh. So. C. 31; 1 Swann, Tenn. 501. The statute acts upon the title, and, when the bar is perfect, trans fers the property to the adverse possessor ; while in contra,cts for the payment there is no such thing as adverse possession, but the statute simply affects the remedy, and not the debt. 18 Ala. N. s. 248.
16. Computation of time. In computing the time limited, much discussion has been bad in the courts whether the day when the statute begins to run is to be included or ex cluded, but without any satisfactory result. It is most generally held that when the com putation is from an act done, or the happen ing of an event, the day upon vvhich the act is done, or event happens, is to be included, and when it is from the date, the day of the date is excluded. 9 Cra,nch, 120 ; 9 N. H. 304 This rule, however, of including the day upon which an act is done, is subject to so many exceptions and qualifications that it can hardly be said to be a rite, e,nd the cases are wholly irreconcilable with it. It has been well said that whether the day upon which an act is done or an event happens is to be included or excluded, depends upon the cir cumstances and reason of the thing, so that the intention of the parties may be effected ; and such a construction should be given as will operate most to the ease of the party en titled to favor, and by which rights will be secured and forfeitures avoided. 1 Tex. 107. Fractions of a day are not regarded, unless it becomes necessary in a question of priority, B Ves. Ch. 83 ; 9 Eng. L. & Eq. 457 ; 3 Den. N. Y. 12 ; 6 Gray, Mass. 316; and then only in questions concerning private acts and transactions. 20 Vt. 653.