COUNTY COURTS. ch. 3, tit. 5. day appointed for holding a term, or appoint one or more additional terms or dispense with the holding of a term, without affecting any other term or terms theretofore appointed to be held. Each term must be held at the place designated by statute for that purpose; except that the county judge may, from time to time, adjourn a term to any place within the county, for the hearing and decision of motions and appeals, and trials and other proceedings without a jury; and may appoint as many terms as he thinks proper to be held, either at the court house or elsewhere in the county, for the same purpose. From Co. Proc. part of § 31, as amended by ch. 431 of 1876, § 4, and ch. 470 1847, part of § 24. Am'd by ch. 416 of 1877. § 356. Notice of appointment to be published. Each appointment, made as prescribed in the last section, must be filed in the county clerk's office, and a copy thereof published. at least once in each week, for three successive weeks before a term is held, changed, or dispensed with, by virtue thereof, in the newspaper in the city of Albany, in which legal notices are required to be published, and also in at least one newspaper, published in the county, and as many additional newspapers, published therein, as the county judge prescribes. The expense of the publication is a county charge. From Co..Proc. § 31. Sec ch. 133 of 1884, repealing acts providing for a state paper. § 357. Jurors, how drawn and notified. Jurors for the terms of the county court at which issues of fact are triable by jury, must be drawn and notified in the same manner as for a trial term of the supreme court. From Co. Proc. § 32. Am'd by ch. 946 of 1895. § 358. Stenographers for county courts. The board of supervisors of any county except Kings, Livingston, Monroe, Cortland, Oswego, Westchester and Onondaga, may, in their discretion, provide for the employment of a stenographer for the county court thereof, and when said board of supervisors shall so provide, the stenographer shall be appointed by the county judge and said board of supervisors must fix his compensation and provide for the payment thereof in the same manner as other county expenses are paid. From ch. 626 of 1859, § 1. Am'd by ch. 403 of 1883, and ch. 946 of 1895. See § 361. § 359. Stenographers for county court in Kings county. The county judges of the county of Kings, from time to time, must appoint, and may at pleasure remove, two stenographers to be attached to the county court of the county of Kings, who must attend each term of said court, and each of whom shall receive a salary of three thousand dollars per annum, to be paid by the treasurer of the county of Kings in equal monthly installments. rointed as prescribed in this section may, with the consent of the county Each of the stenographers apidges, appoint an assistant stenographer to aid him in the discharge of his duties, whose compensation shall be paid by the stenographer appointing him and is not a county charge. Each of said county judges hall also appoint a confidential clerk at a salary not to exceed two thousand dollars per annum, to be paid by the county treasurer of Kings county in equal monthly installments, such clerks to be exempt from competitive examination, and their fitness and qualifications for the office shall be approved by the judge making the appointment. From ch. 271 of 1867, parts of §§ 1, 2, 3. Am'd by ch. 416 of 1877, ch. 945 of 1895, and ch. 6 of 1896. 94 § 360. Interpreters for county court and surrogate's court in Kings county. The surrogate and the county judges of Kings county must each from time to time appoint, and may at pleasure remove, an interpreter to be attached respectively to the surrogate's court and the county court of said county. Each interpreter shall receive a salary of eighteen hundred dollars per annum to be paid by the comptroller of the city of Each interpreter so appointed New York, in monthly installments. shall, before entering upon his duties, file in the office of the clerk of the county of Kings the constitutional oath of office in which there shall also be incorporated, language to the effect that he will fully and correctly interpret, and transiate each question propounded through him to a witness and each answer thereto in said courts. The said county judges of Kings county shall also appoint and at pleasure remove an interpreter of the Slavonic languages, who shall receive the compensation above provided, to be paid in the same manner f office above provided, and who shall take and file the constitutional oath en out of the amount such compensation for the above interpreters to be appropriated for the support of the said county court or surrogate's court respectively, or from any other contingent city fund. From ch. 338 of 1876. Am'd by ch. 416 of 1877; ch. 946 of 1895; ch. 46 of 1896; ch. 475 of 1897, and ch. 771 of 1900. § 361. Stenographers. The county judge in either of the counties of Livingston, Monroe, Onondaga, Oswego or Cortland, where issues of fact are triable, may employ a thereat, who is entitled to stenographer to take stenographic notes upon trial a compensation, to be certified by the judge, not exceeding ten dollars for each day's attendance at the request of the judge. The stenographer's compensation is a charge upon the county, and in the county of Livingston may be audited, allowed and paid as other county charges; and in the counties of Onondaga, Monroe, Oswego and Cortland must be paid by the county treasurer, on an order of the court, granted on the affidavit of the stenographer, and the certificate of the judge that the services were rendered. The county judge in each of the counties of Erie, Oneida, Rensselaer and Niagara, may appoint and at pleasure remove a stenographer of said court, who must attend each term of the said court where issues of fact in civil and criminal cases are triable, and the said stenographer of the county court of Erie county, shall receive a salary of twenty-one hundred dollars per annum, together with his necessary expenses for stationery, to be paid by the treasurer of said county of Erie, in equal monthly installments on the certificate of said judge of Erie County that the services have been actually performed, or the expenses necessarily incurred, and the said stenographer of the county court of Oneida county shall receive a salary of fifteen hundred dollars per annum, together with his necessary expenses for stationery, to be paid by the treasurer of the said county of Oneida, in equal monthly installments on the certificate of the said judge of Oneida county, that the services have been actually performed or the expenses necessarily incurred, and the said stenographer of the county court of Said Rensselaer county shall receive a salary of twelve hundred dollars per annum to be paid by the treasurer of said county of Rensselaer, quarterly. stenographers shall also report and transcribe opinions for the said county judges, as well as special proceedings where a stenographer is required, withThe said stenographer of the county court of out additional compensation. Niagara county shall receive a compensation of not to exceed ten dollars for each day's attendance, to be paid by the treasurer of said county of Niagara on the affidavit of the stenographer and certificate of the judge that the services have been actually performed, and shall within twenty days after notice by a party that he intends to appeal, make a case and exceptions or bill of exceptions in a civil or criminal action, or that briefs are to be made or arguments prepared in an action tried before the court without a jury, le with the clerk of said county a transcript of the minutes taken by him upon such trial, and shall be entitled to six cents for each one hundred words of such transcript so filed by him, which shall be certified to by the judge holding the court at which such trial took place. Such sum so certified shall be paid by the county 'reasurer of said county upon presentation of such certificate. From ch. 452 of 1854, § 1; ch. 437 of 1856; ch. 740 of 18 2, and ch. 63 of 1878. m'd by ch. 83 of Laws of 1903. In effect March 25, 1903. 95 ch. 4, tit. I. CHAPTER IV. Limitation of the Time of Enforcing a Civil Remedy. TITLE I. -Actions for the recovery of real property. TITLE I. Actions for the recovery of real property. SEC. 362. When the people will not sue. 363. Action by grantee from the state. 364. Action after annulling letters patent. 365, 366. Seizin within twenty years, when necessary, etc. 367. Action after entry. 368. Possession, when presumed; occupation presumed to be under legal title, 369. Adverse possession under written instrument or judgment. 370. Id.; what constitutes it. 371. Adverse possession under claim of title not written. 372. Id.; what constitutes it. 373. Relation of landlord and tenant, as affecting adverse possession. 374. Right not affected by descent cast. 375. Certain disabilities excluded from time to commence action. § 362. When the people will not sue. The people of the State will not sue a person for or with respect to real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless either: 1. The cause of action accrued within forty years before the action is commenced; or, 2. The people, or those from whom they claim, have received the rents and profits of the real property, or of some part thereof, within the same period of time. From Co. Proc. § 75. § 363. Action by grantee from the State. An action shall not be brought for or with respect to real property, by a person claiming by virtue of letters patent or a grant, from the people of the State, unless it might have been maintained by the people, as prescribed in this title, if the patent or grant had not been issued or made. From Co. Proc. § 76. 46 Action 99 See § 414. includes "special proceeding." § 364. Action after annulling letters patent. Where letters patent or a grant of real property, issued or made by the people of the State, are declared void by the determination of a 96 competent court, rendered upon an allegation of a fraudulent suggestion or concealment, or of a forfeiture, or mistake, or ignorance of a material fact, or wrongful detaining, or defective title; an action of ejectment. to recover the premises in question, may be commenced, either by the people, or by a subsequent patentee or grantee of the same premises, his heirs, or assigns, within twenty years after the determination is made; but not after that period. From Co. Proc. § 77. "Action" includes " 'special proceeding "; see § 414. “Action of ejectment," see § 3343, sub. 20. § 365. Seizin within twenty years, when necessary, etc. An action to recover real property, or the possession thereof, cannot be maintained by a party, other than the people, unless the plaintiff, his ancestor predecessor, or grantor, was seized or possessed of the premises in question, within twenty years before the commencement of the action. A defence or counter-claim, founded upon the title to real property, or to rents or services out of the same, is not effectual, unless the person making it, or under whose title it is made, or his ancestor, predecessor, or grantor, was seized or possessed of the premises in question, within twenty years before the committing of the act, with respect to which it is made. From Co. Proc. § 79. § 367. Action after entry. An entry upon real property is not sufficient or valid as a claim, unless an action is commenced thereupon, within one year after the making thereof, and within twenty years after the time, when the right to make it descended or accrued. From Co. Proc. § 80. § 368. Possession, when presumed; occupation presumed to be under legal title. In an action to recover real property, or the possession thereof, the person who establishes a legal title to the premises is presumed to have been possessed thereof, within the time required by law; and the occupation of the premises, by another person, is deemed to have been under and in subordination to the legal title, unless the premises have been held and possessed adversely to the legal title, for twenty years before the commencement of the action. From Co. Proc. § 81. § 369. Adverse possession under written instrument or judgment. Where the occupant, or those under whom he claims, entered into the possession of the premises, under claim of title, exclusive of any other right: founding the 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 there has been a continued occupation and possession of the premises, included in the instrument, decree. or judgment, or of some part thereof, for twenty years. under the same claim: the premises so included are deemed to have been held adversely except that where they consist of a tract, divided into lots, the possession of one lot is not deemed a possession of any other lot. From Co. Proc. § 82. § 370. Id.; what constitutes it. For the purpose of constituting an adverse possession, by a person claiming a title, founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in either of 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, either for the purposes of husbandry, or for the ordinary use of the occupant. Where a known farm or a single lot has been partly improved, the portion of the farm or lot that has been left not cleared, or not inclosed, according to the usual course and custom of the adjoining country, is deemed to have been occupied for the same length of time, as the part improved and cultivated. From Co. Proc. § 83. § 371. Adverse possession under claim of title not written. Where there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or a judgment or decree, the premises so actually occupied, and no others, are deemed to have been held adversely. From Co. Proc. § 84. § 372. Id.; what constitutes it. 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 is deemed to have been possessed and occupied in either of the following cases, and no others: 1. Where it has been protected by a substantial inclosure. 2. Where it has been usually cultivated or improved. From Co. Proc. § 85. § 373. Relation of landlord and tenant, as affecting adverse possession. Where the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord, until the expiration of twenty years after the termination of the tenancy; or, where there has been no written lease, until the expiration of twenty years after the last payment of rent; notwithstanding that the tenant has acquired another title, or has claimed to hold adversely to his landlord. But this presumption shall not be made, after the periods prescribed in this section. From Co. Proc. § 86. § 374. Right not affected by descent cast. The right of a person to the possession of real property is not impaired or affected, by a descent being cast, in consequence of the death of a person in possession of the property. From Co. Proc. § 87. § 375. Certain disabilities excluded from time to commence action. If a person, who might maintain an action to recover real property, or the possession thereof, or make an entry, or interpose a defence or counter-claim, founded on the title to real property, or to rents or services out of the same, is when his title first descends, or his cause of action or right of entry first accrues either: 1. Within the age of twenty-one years; or, 2. Insane; or, |