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the right of action has already accrued; but the statutes now in force shall be applicable to such cases, according to the subject of the action, and without regard to the form.

The provisions of this section have no application to the 110th (90th) section infra. But if applicable, they do not change its construction, or prevent it from applying to a case where the right of action accrued, and the action was commenced after the code went into operation. Wadsworth vs.

Thomas, 7 Barb. 445. Time for § 74. [Sec. 67.] Civil actions can only be commenced within existing limitation. the periods prescribed in this title, after the cause of action shall

have accrued, except where, in special cases, a different limitation is prescribed by statute, and in the cases mentioned in section seventy-three. But the objection that the action was not commenced within the time limited, can only be taken by an

Amended 1849.

swer.

CHAPTER II.
The time of commencing actions for the recovery of real

property.
SECTION 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 de.

fence 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

not written. 86. Relation of landlord and tenant, as affecting adverse possession. 87. Right of possession not affected by descent cast.

88. Certain disabilities excluded from time to commence actions. When the

875. The people of this state will not sue any person people will not sue. for, or in respect to any real property, or the issues or Passed

profits thereof, by reason of the right or title of the people to the same unless,

1849.

by grantee

State.

1849.

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.

In action brought by the people of the state to recover real property, the defendant pleaded the fact that the people, or those from whom they claimed had not received the rents and profits of such real property, or of some part thereof, within the space of forty years, and such pleading held good. The People vs. William Arnold, manuscript opinion of Chief Justice ronson.

§ 76. No action shall be brought for, or in respect to, When acreal property, by any person claiming by virtue of letters be brought patent, or grants from the people of this state, unless the from the same might have been commenced by the people as herein Passed specified, in case such patent or grant had not been issued or made.

$77. When letters patent or grants of real property When acshall have been issued or made by the people of this state, people or and the same shall be declared void by the determination fees to be of a competent court, rendered upon an allegation of a wenty fraudulent suggestion, or concealment, or forfeiture or mistake, or ignorance of a material fact, or wrongful detaining, 1849. 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.

$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 when ne or grantor, was seised or possessed of the premises in ques- real protion, within twenty years before the commencement of such action.

their gran

within years.

Passed

years, cessary in action for

perty. Passed 1849.

Beisin within twenty years, when ne

action or defence founded on title to or rents of

Passed 1849.

Action must be

or within
twenty
years after
right of
entry
Passed
1849.
Possession
when pre-
sumed.

$ 79. No cause of action or defence to an action found

ed upon the title to real property, or to rents or services cessary in out of the same, shall be effectual, unless it appear that

the person prosecuting the action, or making the defence,

or under whose title the action is prosecuted or the defence peelpro- 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 defence made.

§ 80. No entry upon real estate shall be deemed sufced with: ficient, or valid as a claim, unless an action be commenced after entry thereupon 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.

$ 81. In every action for the recovery of real property,

or the possession thereof, the person establishing a legal Occupation title to the premises, shall be presumed to have been posder legal sessed thereof within the time required by law; and the adverse. occupation of such premises by any other person, shall be

deemed to have 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.

$ 82. Whenever it shall appear that the occupant, or

those under whom he claims, entered into the possession or judg- of premises under claim of title, exclusive of any other

right, founding such claim upon a written instrument, as being a 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

Passed 1849.

Occupalion under written instrument

ment, when deemed adverse.

Passed 1849.

or judg

Passad 1849.

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.

$ 83. For the purpose of constituting an adverse posses- What con sion, by any person claiming a title founded upon a writ- verse pos

, ten instrument, or a judgment or decree, land shall be instrument deemed to have been possessed and occupied in the fol- ment. lowing 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 custom 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 Premises actual continued occupation of premises, under a claim of occupied, title, exclusive of any other right, but not founded upon a deemed to written instrument, or a judgment or decree, the premises versely. so actually occupied and no other, shall be deemed to have been held adversely.

§ 85. For the purpose of constituting an adverse posses- What consion, by a person claiming title not founded upon a writ- verse posten instrument, or a judgment or decree, land shall be derilleim deemed to have been possessed and occupied in the following cases only:

1. Where it has been protected by a substantial enclosure ;

2. Where it has been usually cultivated or improved.

$ 86. Whenever the relation of landlord and tenant Relation of shall have existed between any persons, the possession of tenant, as

under claim be held ad

Passed 1249.

session unof not written.

Passed 1849.

landlord &

Passed 1849.

any real

cast.

Passed 1849.

Certain disabilities excluded from time to commence action.

Passed 1849.

affecting the tenant shall be deemed the possession of the landlord, possessión. until the 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. Right of $ 87. The right of a person to the possession of possession by descend property, shall not be impaired or affected by a descent

being cast in consequence of the death of a person in possession of such property.

$ 88. If a person entitled to commence any action for the recovery of real property, or to make an entry or defence founded 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;

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 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.

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