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Action must be commenced within one year after

entry, or within twenty years after right of entry, $ 80 Possession when resumed. Occupation deemed under legal title, unless adverse.

81 Occupation under written instrument or judgment, when deemed adverse

82 What constitutes adverse possession, under written instrument or judgment

83 Premises actually occupied, under claim of title, deemed to be held adversely

84 What constitutes adverse possession under claim of title not written...

85 Relation of landlord and tenant, as affecting adverse possession

86 Right of possession not affected by descent cast... 87 Certain disabilities excluded from time to commence actions

88

CHAPTER III. The time of commencing actions other than for the

recovery of real property. Periods of limitation prescribed

.8 89 Within twenty years..

90 Within six years

91 Within three years ...

92 Within two years

93 Within one year

94 When cause of action accrued, in an action upon a current account.

95 Actions for penalties, &c., by any person who will sue, when to be brought

96 Actions for relief, not before provided for.. Actions by the people, subject to the same limita

tion......

97

98

CHAPTER IV.
General Provisions as to the time of commencing

Actions.
When action deemed to have been commenced .. $ 99

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102

Exception, where defendant is out of the state....

- $ 100 Exception, as to persons under disabilities.. Provision where person entitled, dies before the

limitation expires In suits by aliens, time of war to be deducted. 103 Provision, where judgment has been reversed 104 Time of stay of action by injunction or statutory prohibition to be deducted

105 Disability must exist when right of action accrued, 10. Where two or more disabilities, limitation does not attach, till all removed..

107 This title, not applicable to bills, &c., of corporations, or to bank notes...

108 Nor to actions against directors or stockholders of monied corporations or banking associations. Limitations in such cases prescribed..

10g Acknowledgment or new promise must be in writing, 110

TITLE III.

Of the parties to civil actions. Action to be in the name of the real party in interest....

.8111 Assignment of a thing in action not to prejudice a

defence Executor or trustee may sue without the persons beneficially interested

113 When married woman is party, her husband to be joined, except, &c.....

114 Infant to appear by guardian. Guardian, how appointed.

11 Who may be joined as plaintiffs..

117 Who may be joined as defendants.....

118 Parties united in interest, when to be joined. When one or more may sue or defend for the

119 Plaintiff may sue in one action the different par

ties to commercial paper.. Action when not to abate by death, marriage, or

other disability, &c. Proceedings in such case, 121 Court when to decide controversy, or to order other

parties to be brought in....

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115

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.... 122

TITLE IV.
Of the place of trial of Civil Actions.
Certain actions to be tried where the subject or
some part thereof is situated

.Ş 123 Other actions, where the cause or some part thereof arose

124 Other actions, according to the residence of the parties...:

125 Action may be tried in any county unless defendant

demand trial in proper county..

126

.8 127

TITLE V.
Of the manner of commencing Civil Actions.
Actions how commenced
Summons, requisites of....

128 Notice to be inserted in certain actions.

.... 129 Complaint need not be served with summons.

In such case what to be stated in summons and proceedings thereon..

130 Defendant unreasonably defending, when to pay

costs Notice of pendency of action affecting title to real property

132 Summons, by whom served.

133 Summons, how served and returned

134 Publication when defendant cannot be found

135 Proceedings when there are several defendants, and part only served

136 When service deemed made in case of publication 137 Service of summons, how proved...

138 When jurisdiction of action acquired..

139

131

TITLE VI.
Of the pleadings in Civil Actions.
CHAPTER I. The complaint.

II. The demurrer.
III. The answer.

IV. The reply.
B

CHAPTER V. General rules of pleading.

VI. Mistakes in pleading and amendments.

CHAPTER 1.

The complaint.
Forms of pleadings inconsistent with this act abol-

ished
First pleading to be complaint

.. 141 Complaint, what to contain

..... 142

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..$ 143

CHAPTER II.

The Demurrer. Defendant to demur or answer ... When the defendant may demur

144 Demurrer must specify grounds of objection to complaint...

145 How to proceed if complaint be amended. 146 Objection not appearing on complaint may be taken by answer..

..... 147 Objection, when deemed waived

148

CHAPTER III.

The Answer. Answer what to contain..

$ 149 May set forth as many grounds of defence as exists 150 Demurrer as to some causes of action, and answer as to others....

151 Sham defences to be stricken out...

..... 152

CHAPTER IV.

The Reply Reply, when to be put in, and what to contain ... § 153 When defendant may move for judgment upon an

154 Demurrer to reply

155

answer ..

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CHAPTER V.

General Rules of Pleading.
No pleading but complaint, answer, reply and de-

.$ 156 Verification of pleadings.:

157 How to state an account in pleading. ....... 158 Pleadings to be liberally construed.

159 Irrelevant or redundant matter to be stricken out.. 160 Judgments, how to be pleaded ...

161 Conditions precedent, how to be pleaded.

162 Private statutes, how to be pleaded..

163 Libel and slander, how stated in complaint.. 164 Answer in such cases.....

165 In actions to recover property distrained for damage, answer need not set forth title

166 What causes of action may be joined in the same action

167 Allegation not denied; when to be deemed true .. 168

Charter VI. Mistakes in Pleading, and Amendments. Material variances, how provided for... ..$ 169 Immaterial variances, how provided for..

170 What to be deemed a variance.

171 Amendments of course..

172 Amendments by the court

173 Amendments, after demurrer.

174 Suing a party by a fictitious name, when allowed.. 175 No error or defect to be regarded, unless it affect substantial rights ..

176 Supplemental complaint, answer and reply

177

TITLE VII.
Of the Provisional remedies in civil actions.
CHAPTER I. Arrest and bail.

II. Claim and delivery of personal pro

perty.
III. Injunction.

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