When the people will not sue. When action cannot be brought by CHAPTER II. The time of commencing actions for the recovery of real SECTION 75. 77. 78. property. When the people will not sue. When action cannot be brought by grantee from the state. When actions by the people or their grantees to be brought within twenty years. Seisin within twenty years, when necessary in action for real property. 79. Seisin within twenty years, when necessary in action or defence founded on title to or rents of real property. 80. Action must be commenced within one year after entry, or within twenty years after right of entry. 81. Possession when resumed. Occupation deemed under legal title, unless adverse. 82. Occupation under written instrument or judgment, when deemed adverse. 83. What constitutes adverse possession, under written instrument or judgment. 84. Premises actually occupied, under claim of title, deemed to be held adversely. 85. What constitutes adverse possession under claim of title ot written. 86. Relation of landlord and tenant, as affecting adverse possession. Right of possession not affected by descent cast. 87. 88. Certain disabilities excluded from time to commence actions. § 75. The people of this state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same unless, 1. Such right or title shall have accrued within forty years before any action or other proceeding, for the same shall be commenced; or unless, 2. The people, or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the space of forty years. § 76. No action shall be brought for, or in respect to, real property, by any person claiming by virtue of letters patent, or grantee from grants from the people of this state, unless the same might have been commenced by the people, as herein specified, in case such patent or grant had not been issued or made. the state. When ac people or their grant ees to be brought ty years. § 77. When letters patent, or grants of real property shall have tions by the been issued or made by the people of this state, and the same shall be declared void by the determination of a competent court, rendered upon an allegation of a fraudulent suggestion, or concealwithin twen- ment, or forfeiture, or mistake, or ignorance of a material fact, or wrongful detaining, or defective title, in such case, an action for the recovery of the premises so conveyed, may be brought either by the people of this state, or by any subsequent patentee or grantee of the same premises, his heirs or assigns, within twenty years after such determination was made; but not after that period. in twenty years, when necessary in action for § 78. No action for the recovery of real property, or for the Seisin withrecovery of the possession thereof, shall be maintained, unless it that the plaintiff, his ancestor, predecessor, or grantor, was appear seised or possessed of the premises in question, within twenty real properyears before the commencement of such action. ty. action or de ed on title to or rents of $79. No cause of action or defence to an action founded upon Se the title to real property, or to rents or services out of the same, years, when shall be effectual, unless it appear that the person prosecuting the necessary in action, or making the defence, or under whose title the action is fence foundprosecuted or the defence is made, or the ancestor, predecessor or grantor of such person, was seised or possessed of the premises real property in question, within twenty years before the committing of the act in respect to which such action is prosecuted or defence made. be commen-· § 80. No entry upon real estate shall be deemed sufficient, or one year af valid as a claim, unless an action be commenced thereupon within ter entry or one year after the making of such entry, and within twenty years twenty years from the time when the right to make such entry, descended or accrued. Action must ced within within after right of entry. sumed § 81. In every action for the recovery of real property, or the Possession possession thereof, the person establishing a legal title to the when prepremises, shall be presumed to have been possessed thereof with- Occupation in the time required by law; and the occupation of such premises deemed under legal tiby any other person, shall be deemed to have been under and in te, unless subordination to the legal title, unless it appear that such premises adverse. have been held and possessed adversely to such legal title, for twenty years before the commencement of such action. under writ ment, when verse. § 82. Whenever it shall appear that the occupant, or those Occupation under whom he claims, entered into the possession of premises ten instruunder claim of title, exclusive of any other right, founding such ment or judg claim upon a written instrument, as being a conveyance of the deemed adpremises in question, or upon the decree or judgment of a competent court; and that there has been a continued occupation and possession of the premises included in such instrument, decree or judgment, or of some part of such premises, under such claim, for twenty years, the premises so included shall be deemed to have been held adversely, except that where the premises so included consist of a tract divided into lots, the possession of one lot shall not he deemed a possession of any other lot of the same tract. What con § 83. For the purpose of constituting an adverse possession, by any person claiming a title founded upon a written instrument, or stitutes ada judgment or decree, land shall be deemed to have been pos- sion, under sessed and occupied in the following cases: 1. Where it has been usually cultivated or improved; 2. Where it has been protected by a substantial inclosure; 3. Where, although not inclosed, it has been used for the supply of fuel or of fencing timber, for the purposes of husbandry, or the ordinary use of the occupant; 4. Where a known farm or a single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not enclosed according to the usual course and cus verse posses written instrument or judgment. Premises actually occu claim of title tom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated. § 84. Where it shall appear that there has been an actual conpied, under tinued occupation of premises, under a claim of title, exclusive of deemed to be any other right, but not founded upon a written instrument, or a held ad- judgment or decree, the premises so actually occupied and no versely. other, shall be deemed to have been held adversely. What con § 85. For the purpose of constituting an adverse possession, stitutes ad- by a person claiming title not founded upon a written instrument, verse posses- or a judgment or decree, land shall be deemed to have been posclaim of title, sessed and occupied in the following cases, only: sion under not written. Relation of 1. Where it has been protected by a substantial inclosure; § 86. Whenever the relation of landlord and tenant shall have landlord and existed between any persons, the possession of the tenant shall affecting ad- be deemed the possession of the landlord, until the expiration of verse posses- twenty years from the termination of the tenancy; or where there tenant, as sion. Right of possession not affected has been no written lease, until the expiration of twenty years from the time of the last payment of rent; notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions shall not be made after the periods herein limited. § 87. The right of a person to the possession of any real property, shall not be impaired or affected by a descent being cast in by descent consequence of the death of a person in possession of such property. cast. bilites ex Certain disa- § 88. If a person entitled to commence any action for the recluded from covery of real property, or to make an entry or defence founded time to com- on the title to real property, or to rents or services out of the same, be at the time such title shall first descend or accrue either; mence ac tion. 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than for life, or 4. A married woman; The time, during which such disability shall continue, shall not be deemed any portion of the time in this chapter limited for the commencement of such action, or the making of such entry or defence; but such action may be commenced, or entry or defence made, after the period of twenty years, and within ten years after the disability shall cease, or after the death of the person entitled who shall die under such disability: but such action shall not be commenced, or entry or defence made after that period. CHAPTER III. The time of commencing actions other than for the recovery of real property. SECTION 89. Periods of limitation prescribed. 90. Within twenty years. 91. Within six years. 93. Within two years. 94. Within one year. 95. When cause of action accrued, in an action upon a current ac limitation § 89. The periods prescribed in section seventy-four for the Periods of commencement of actions other than for the recovery of real prescribed. property, shall be as follows: § 90. Within twenty years: Within 1. An action upon a judgment or decree of any court of the twenty United States, or of any state or territory within the United years. States. 2. An action upon a sealed instrument. § 91. Within six years: Within six 1. An action upon a contract, obligation or liability, express or years. implied; excepting those mentioned in section ninety. 2. An action upon a liability created by statute, other than a penalty or forfeiture. 3. An action for trespass upon real property. 4. An action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property. 5. An action for criminal conversation, or for any other injury to the person or rights of another, not arising on contract, and not hereinafter enumerated. 6. An action for relief, on the ground of fraud; in cases which heretofore were solely cognizable by the court of chancery; the cause of action in such case not to be deemed to have accrued, until the discovery by the aggrieved party, of the facts constituting the fraud. § 92. Within three years: Within 1. An action against a sheriff, coroner or constable upon a lia- three years. bility incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty; including the non-payment of money collected upon an execution. But this section shall not apply to an action for an escape. 2. An action upon a statute, for a penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the people of this state, except where the statute imposing it prescribes a different limitation. Within two years. Within one year. When cause of action ac § 93. Within two years: 1. An action for libel, slander, assault, battery, or false impris onment. 2. An action upon a statute, for a forfeiture or penalty to the people of this state. § 94. Within one year: 1. An action against a sheriff or other officer, for the escape of a prisoner arrested or imprisoned on civil process. § 95. In an action brought to recover a balance due upon a crued in an mutual, open and current account, where there have been recipaction upon rocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side. a current account. Actions for penalties, &c., by any person who will sue. Actions for relief, not before provided for Actions by the people subject to the same limitation. § 96. An action upon a statute for a penalty or forfeiture, given in whole or in part to any person who will prosecute for the same, must be commenced within one year after the commission of the offence; and if the action be not commenced within the year by a private party, it may be commenced within two years thereafter, in behalf of the people of this state, by the attorneygeneral or the district attorney of the county where the offence was committed. § 97. An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued. 98. The limitations prescribed in this chapter shall apply to actions brought in the name of the people of this state or for their benefit, in the same manner as to actions by private parties. CHAPTER IV. General Provisions as to the time of commencing Actions. SECTION 99. When action deemed to have been commenced. 101. Exception, as to persons under disabilities. 102. Provision where person entitled, dies before the limitation ex pires. 103. In suits by aliens, time of war to be deducted. 104. Provision, where judgment has been reversed. 105. Time of stay of action by injunction or statutory prohibition to be deducted. 106. Disability must exist when right of action accrued. 107. Where two or more disabilities, limitation does not attach, till 108. all removed. This title not applicable to bills, &c., of corporations, or to 109. Nor to actions against directors or stockholders of monied cor- 110. Acknowledgment or new promise must be in writing. When ac- § 99. An action shall not be deemed commenced, within the to have been meaning of this title, unless it appear: tion deemed commenced. 1. That the summons or other process therein was duly served upon the defendants, or one of them; or, |