resignation, incapacity to act, or removal from the county, or that the process was not personally served on the defendant, or on all the defendants, or in case of the death of some of the parties, or where the docket or record of such judgment is or shall have been lost or destroyed. Feigned is- § 72. Feigned issues are abolished; and instead thereof,* ished and in the cases where the power now exists to order a feigned nes abol order for trial substi tuted. issue, or when a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, stating, distinctly and plainly, the question of fact to be tried, and such order shall be the only authority necessary for a trial. TITLE II. Of the time of commencing civil actions. CHAPTERR I. Actions in general. II. Actions for the recovery of real property. Actions, other than for the recovery of real property. CHAPTER I. existing The time of commencing actions in general. SECTION 73. Repeal of existing limitations. 74. Time of commencing civil actions. Repeal of § 73. The provisions contained in the chapter of the Amitations. Revised Statutes, entitled "of actions and the times of commencing them," are repealed, and the provisions of this title are substituted in their stead. This title shall not extend to actions already commenced, or to cases where 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. Time for commencing civil actions. §74. Civil actions can only be commenced within 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 answer. 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. within twenty years. property. fence founded on title to or rents of real property. within twenty years after right of entry. title, unless adverse. deemed adverse. or judgment. be held adversely. not written. 88. Certain disabilities excluded from time to commence actions. $75. The people of this state will not sue any person When the people will for, or in respect to any real property, or the issues or not suo. 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, When acreal property, by any person claiming by virtue of letters be brougla by granide patent, or grants from the people of this state, unless the from the same might have been commenced by the people as herein specified, in case such patent or grant had not been issued or made. tion cannot . When action by the their gran within twenty years. Beisin within twenty years, real pro perty. $77. When letters patent or grants of real property people or shall have been issued or made by the people of this state, ices to be and the same shall be declared void by the determination brough of a competent court, rendered upon an allegation of a fraudulent suggestion, or concealment, 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. $ 78. No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained when ne unless it appear that the plaintiff, his ancestor, predecessor action for" or grantor, was seised or possessed of the premises in ques tion, within twenty years before the commencement of such action. § 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 peal, pro- 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. Possession $ 81. In every action for the recovery of real property, or the possession thereof, the person establishing a legal Occupation de med un- title to the premises, shall be presumed to have been pos legal Seisin wiuhin twenty years, when ne setion or defence founded on title to er rents of perty Action must be in one year or within twe! years after right of entry. when presumed. uon under written instruinent meni, verse. sessed thereof within the time required by law; and the title, unless 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 Occupa. those under whom he claims, entered into the possession of premises under claim of title, exclusive of any other memuda or judg right, founding such claim upon a written instrument, as deemed adbeing 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 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 pros. ten instrument, or a judgment or decree, land shall be der written deemed to have been possessed and occupied in the fol-menslowing 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 c stitutes ad. session, 1111 a be deemed to have been occupied for the same length of time as the part improved and cultivated. Premises § 84. Where it shall appear that there has been an actually under claim deemed to be held ad occupied, actual continued occupation of premises, under a claim of of title title, exclusive of any other right, but not founded upon a versely. written instrument, or a judgment or decree, the premises so actually occupied and no other, shall be deemed to have been held adversely. What constitutes ad session un der claim § 85. For the purpose of constituting an adverse possesverse pos- sion, 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: of title, not written. Relation of landlord & affecting possession. 1. Where it has been protected by a substantial enclo sure; 2. Where it has been usually cultivated or improved. § 86. Whenever the relation of landlord and tenant tenant, as shall have existed between any persons, the possession of adverse the tenant shall be deemed the possession of the landlord, 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 possession not affected § 87. The right of a person to the possession of any real by descent 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. cast. Certain dis § 88. If a person entitled to commence any action for abilities ex- the recovery of real property, or to make an entry or de cluded from time to com mence ae tion. fence 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, |