CHAPTER II. THE TIME OF COMMENCING ACTIONS FOR THE RECOVERY OF REAL PROPERTY. SEC. 75. When the people will not sue. 76. When action cannot be brought by grantee from the state. 77. When actions by the people or their grantees to be brought within twenty years. 78. Seisin within twenty years, when necessary in action for real property. 79. Seisin within twenty years, when necessary in action or defense 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. adverse. Occupation deemed under legal title, unless 82. Occupation under written instrument or judgment, when deemed adverse. 88. Certain disabilities excluded from time to commence action. $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. 22 N. Y., 57; 4 N. Y., 51; 30 B., 546; 10 B., 153. CHAP. XI. When the people will not sue. tion cannot by grantee $76. No action shall be brought for, or in respect to, real When acproperty, by any person claiming by virtue of letters patent, be brought or grants from the people of this state, unless the same might from the have been commenced by the people as herein specified, in state. case such patent or grant had not been issued or made. tions by the their gran brought years. $77. When letters patent, or grants of real property shall When achave been issued or made by the people of this state, and the people or same shall be declared void by the determination of a com- tees to be petent court, rendered upon an allegation of a fraudulent within suggestion, or concealment, or forfeiture, or mistake, or igno- twenty rance 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. 10 B., 153. within $78. No action for the recovery of real property, or for Seisin the recovery of the possession thereof, shall be maintained, twenty unless it appear that the plaintiff, his ancestor, predecessor, necessary or grantor, was seised or possessed of the premises in ques- for real years, when in action property. PART III. Seisin with in twenty necessary in action or defense tion, within twenty years before the commencement of such action. 32 B., 266. $79. No cause of action or defense to an action founded years, when upon the title to real property, or to rents or services out of the same, shall be effectual, unless it appear that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor or grantor of such person, was seised or possessed of the premises in question, within twenty years before the committing of the act in respect to which such action is prosecuted or defense made. founded on title to or rents of real pro perty. Action must be 32 B., 88. $80. No entry upon real estate shall be deemed sufficient, commenced or valid as a claim, unless an action be commenced thereupon Within one within one year after the making of such entry, and within twenty years from the time when the right to make such entry, descended or accrued. year after entry or within twenty years after right of entry. Possession when presumed. S81. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises, shall be presumed to have been possessed thereOccupation of within the time required by law; and the occupation of de un such premises by any other person, shall be deemed to have title, unless been under and in subordination to the legal title, unless it appear that such premises have been held and possessed adversely to such legal title, for twenty years before the commencement of such action. deemed der legal adverse. Occupation ten instru $82. Whenever it shall appear that the occupant, or those under writ under whom he claims, entered into the possession of premises under the claim of title, exclusive of any other right, when deem- founding such claim upon a written instrument, as being a ment or judgment. ed adverse. What constitutes ad conveyance of the premises 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 be deemed a possession of any other lot of the same tract. 8 B., 263. $83. For the purpose of constituting an adverse possession, verse pos by any person claiming a title founded upon a written instruderwritten ment, or a judgment or decree, land shall be deemed to have instrument been possessed and occupied in the following cases : or judg ment. 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 inclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated. 8 B., 263. CHAP. XI actually under claim S84. Where it shall appear that there has been an actual Premises continued occupation of premises, under a claim of title, occupied, exclusive of any other right, but not founded upon a written of title instrument, or a judgment or decree, the premises so actually be held adoccupied and no other, shall be deemed to have been held versely. adversely. deemed to What converse posder claim of stitutes ad session un title, not landlord as affecting 5 85. For the purpose of constituting an adverse possession, by a person claiming title not founded upon a written instrument, or a judgment or decree, land shall be deemed to have been possessed and occupied in the following cases, only: written. 1. Where it has been protected by a substantial inclosure; 2. Where it has been usually cultivated or improved. $86. Whenever the relation of landlord and tenant shall Relation of have existed between any persons, the possession of the ten- and tenant ant shall be deemed the possession of the landlord, until the adverse expiration of twenty years from the termination of the tenancy; or where there 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. possession. possession by descent $87. The right of a person to the possession of any real Right of property, shall not be impaired or affected by a descent being not affected cast in consequence of the death of a person in possession cast. of such property. $88. If a person entitled to commence any action for the Certain disrecovery of real property, or to make an entry or defense excluded founded on the title to real property, or to rents or services to comout of the same, be at the time such title shall first descend mence acor accrue either: 1. Within the age of twenty-one years, or 2. Insane, or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, 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 defense; but such action may be commenced, or entry or defense 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 disa abilities from time tion. PART III. Periods of bility; but such action shall not be commenced, or entry or defense made after that period. 2 Ab., 312. CHAPTER III. THE TIME OF COMMENCING ACTIONS OTHER THAN FOR THE RECOVERY OF SEC. 89. Periods of limitation prescribed. 90. Within twenty years. 91. Within six years. 92. Within three years. 94. Within one year. 95. When cause of action accrued, in an action upon a current account. 96. Actions for penalties, &c., by any person who will sue, when to be brought. 97. Actions for relief, not before provided for. 98. Actions by the people, subject to the same limitations. $89. The periods prescribed in section seventy-four for limitation the commencement of actions other than for the recovery of real property, shall be as follows: prescribed. Within twenty years. Within six years. Within three years. $90. Within twenty years: 1. An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States. 2. An action upon a sealed instrument. 12 N. Y., 639; 29 B., 283; 15 B., 174. $91. Within six years: 1. An action upon a contract, obligation or liability, express or implied; excepting those mentioned in section 90. 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. 26 B., 159; 11 B., 639; 7 B., 207; 13 Ab., 234; 21 How. P. R., 367. S92. Within three years: 1. An action against a sheriff, coroner or constable, upon a liability 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. 13 Ab., 225. 593. Within two years: 1. An action for libel, slander, assault, battery, or false im prisonment; 2. An action upon a statute, for a forfeiture or penalty to the people of this state. 394. Within one year: 1. An action against a sheriff or other officer, for the escape of a prisoner arrested or imprisoned on civil process. 10 Ab., 143; 3 Ab., 87. CHAP. XI. Within two years. Within one year. cause of action acaction upon crued in an $95. In an action brought to recover a balance due upon a When mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last a current item proved in the account on either side. 14 N. Y., 227; 7 W., 322. account. penalties, win who will sue. $96. An action upon a statute for a penalty or forfeiture, Actions for given in whole or in part to any person who will prosecute &c., by any for the same, must be commenced within one year after the commission of the offense; 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 attorney-general or the district attorney of the county where the offense was committed. 397. An action for relief, not herein before provided for, must be commenced within ten years after the cause of action shall have accrued. Actions for before pro relief, not vided for. Actions for subject to the people 26 B., 361; 4 Ab., 350. $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 limitation. parties. 9 B., 296. CHAPTER IV. GENERAL PROVISIONS AS TO THE TIME OF COMMENCING ACTIONS. SEC. 99. When action deemed to have been commenced. 100. Exception, where defendant is out of the state. 101. Exception, as to persons under disabilities. 102. Provision where person entitled, dies before the limitation expires. 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. 107. Where two or more disabilities, limitation does not attach, till all removed. 110. Acknowledgment or new promise must be in writing. the same When aced to have menced." tion deem been com |