$91. Whenever such term or session shall be held at any place TITLE 1. so appointed by the governor, or by the mayor or recorder of the city Return of of New-York, all process shall be returned, and all persons shall be process, &c. held to appear at such place, as if such term or session was held at the place where by law the same was to have been held.25 of such $92. In case any court shall not be formed at the place so appoint- Adjournment ed, by five o'clock in the afternoon of the first day of the term or ses courts. sion, the same may be adjourned to the next day, by the same officer, and in like manner and with the same effect, as provided by law, in case the place of holding such court had not been altered.25 holding court-house &c. $93. Whenever the court-house, or place of holding courts, in any place of county of this state, shall be destroyed by fire or other means, or courts when shall, from any cause, be unsafe, inconvenient, or unfit for the hold- destroyed ing of any court, the judges of the county courts of such county may appoint some other convenient building in the vicinity of that, where the court is required to be held by law, as a temporary place for holding such court. 26 $94. The place so appointed shall be deemed the court-house of 15. the county for the time being; and all business which shall be transacted at such place, shall be as valid as if the same were done at the usual and customary place.26 liquors in $95. No spirituous liquor shall, on any pretence whatever, be sale of sold within any building established as a court-house for the holding court-house. of courts of record, while any such court, or any circuit court, shall be sitting therein; except in such part of such building not appropriated to the use of courts, or of juries attending them, in which such sale shall have been authorised by a resolution of the board of supervisors of the county. S96. Every person violating the provisions of the last section, Penalty. shall be deemed guilty of a misdemeanor. CHAP. IV. Of Actions, and the Times of commencing them. TITLE 1.-Of actions, and their general divisions. TITLE I. OF ACTIONS, AND THEIR GENERAL DIVISIONS. SEC. 1. Actions enumerated, included in this Chapter. 2. Right of action not merged by any felony. (25) 2 R L. p. 504, § 12. (26) Ib. p. 146, § 5. TITLE 2. Actions in cluded in this Chapter. Felony not to merge actions. SECTION 1. The actions included within the provisions of this Chapter, are, either, 1. Such as relate to real estate : 2. Those which may be brought for the recovery of any debt or demand, or for the recovery of damages only: 3. Those which may be brought for penalties or forfeitures: $ 2. The right of action of any person injured by any felony, shall not, in any case, be merged in such felony, or be in any manner affected thereby.1 TITLE II. Suits relating to real estate ART. 1. OF THE TIME OF COMMENCING ACTIONS. ART. 2. ART. 3. Of the time of commencing actions for the recovery of any debt or demand, or for damages only. Of the time of commencing actious for penalties and forfeitures. ART. 4.—General provisions concerning the commencement of suits, and the persons and ARTICLE FIRST. Of the Time of commencing Actions relating to Real Property. SEC. 1. Limitations of certain suits by the people. 2. Last section not to extend to suits for franchises, &c. 3. Grantees of lands by patents, when to sue. 4. Suits when to be brought after patents declared void. 5. Limitation of private suits for real property. 6. Also of avowries and cognizances. 7. What necessary to render entry on lands a claim. S. Owner of land deemed to be possessed unless adverse possession, &c. 9. What premises deemed adversely held under written title. 10. Acts which in such case, constitute adverse possession. 11. What premises deemed adversely held without claim of title. 12. Acts which in such case constitute adverse possession. 13. Possession of tenant when to be that of landlord. 14. Limitation of scire facias on former fines. 15. Casting of descent not to affect right to land. 16. Exceptions of persons under certain disabilities. 17. Effect of death of person under disability. $1. The people of this state will not sue or implead any person by the peo- for, or in respect to, any lands, tenements or hereditaments, or for the ple. issues or profits thereof, by reason of any right or title of the said people to the same, unless, be 1. Such right or title shall have accrued within twenty years fore any suit, or other proceeding, for the same shall be commenced: or unless, (1) 1 R. L. p. 499, § 20. 2. The said people, or those from whom they claim, shall have received the rents and profits of such real estate, or of some part thereof, within the said space of twenty years.2 ART. 1. $2. The last preceding section shall not extend to any suit or pro- Last section secution for, or in respect to, any liberties or franchises.2 qualified. the state. patents de $3. No action shall be brought for, or in respect to, any lands, Grantees of tenements or hereditáments, by any person claiming by virtue of any letters patent, or grants from the people of this state, unless the same might have been commenced by the people of this state, as herein specified, in case such patent or grant had not been issued or made.2 $4. When letters patent, or grants, of any lands or tenements, Suits after shall have been issued or made by the people of this state, and the clared void. same shall be declared void by the judgment or decree of some competent court, rendered upon a suggestion of concealment, 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 judgment or decree was rendered; but not after that period.2 Private suits perty. $5. No action for the recovery of any lands, tenements or heredifaments, or for the recovery of the possession thereof, shall be main- for real protained, unless it appear that the plaintiff, his ancestor, predecessor or grantor, was seised or possessed of the premises in question, within twenty years before the commencement of such action.3 and cogniz ances. $6. No avowry or cognizance of title to real estate, or to any Avowries rents or services, shall be valid, unless it appear that the person making the avowry, or the person in whose right the cognizance 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 the act, in defence of which such avowry or cognizance is made.3 land, when Owner of land deemed $7. No entry upon real estate shall be deemed sufficient or valid Entry on as a claim, unless an action be commenced thereupon within one valid. year after the making of such entry and within twenty years from the time when the right to make such entry, descended or accrued.* $ 8. In every action for the recovery of real estate, or the possession thereof, the person establishing a legal title to the premises, possessed. shall be presumed to have been possessed thereof, within the time required by law; and the 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. (2) 1 R. L. p. 184, § 1. (3) Ib. § 2. (4) Ib. § 3. Adverse pos written title. TITLE 2. $9. Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of any premises under session under claim of title, exclusive of any other right, founding such claim upon some written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of some 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. Ib. What acts to constitute it. claim of title. S 10. For the purpose of constituting an adverse possession, by any person claiming a title founded upon some written instrument, or some judgment or decree, land shall be deemed to have been possessed and occupied in the following cases: 1. Where it has been usually cultivated or improved : 2. Where it has been protected by a substantial enclosure: 3. Where, although not enclosed, 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 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. Ib. Without $ 11. Where it shall appear that there has been an actual continued occupation of any premises, under a claim of title, exclusive of any other right, but not founded upon any written instrument, or any judgment or decree, the premises so actually occupied, and no other, shall be deemed to be held adversely. Ib. What acts to constitute. Possession by tenant. $12. For the purpose of constituting an adverse possession, by a person claiming title not founded upon some written instrument, or some judgment or decree, land shall be deemed to have been possessed and occupied, in the following cases only: 1. Where it has been protected by a substantial enclosure : S13. Whenever the relation of landlord and tenant, shall have existed between any persons, the possession of 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 such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumption shall not be made after the periods ART. 1. herein limited. Scire facias 314. All writs of scire facias upon fines, heretofore levied of any ones. manors, lands, tenements or hereditaments, shall be sued out within twenty years next after the title and cause of action first descended or fallen; and not after that period.5 $ 15. The right of any person, to the possession of any real es- Descent cast. tate, shall not be impaired or affected, by a descent being cast in con- 1. Within the age of twenty-one years: or, 2. Insane: or, 3. Imprisoned on any criminal charge, or in execution upon some conviction of a criminal offence for any term less than for life: or, 4. A married woman: Exceptions for certain disabilities. Limitation. Death of persons under The time during which such disability shall continue, shall not be deemed any portion of the time in this Article limited for the commencement of such suit, or the making such entry, avowry or cognizance but such person may bring such action, or make such entry, avowry or cognizance, after the said time so limited, and within ten years after such disability removed, but not after that period." $ 17. If the person entitled to commence such action, or to make such entry, avowry or cognizance, shall die during the continuance of disability. any disability specified in the preceding section, and no determination or judgment be had of the title, right or action to him accrued, his heirs may commence such action, or make such entry, avowry or cognizance, after the time in this Article limited for that purpose, and within ten years after his death; but not after that period.7 ARTICLE SECOND. Of the time of commencing Actions for the Recovery of any SEC. 18. Certain actions to be brought within six years. 19. Others to be brought within four years. 20. Others to be brought within two years. 21. Against sheriffs, &c. for escapes, to be brought in one year. 22. All others against sheriffs, &c. to be brought in three years. 23. When cause of action deemed to have accrued in certain cases. 24. Exception of persons under certain disabilities. 25. Exception of suits on notes, &c. of corporations. 26. Suits by executors, &c. when to be brought in certain cases. 27. Exception of suits against persons being out of state. 28. Suits by the people, subject to this article. $18. The following actions shall be commenced within six years Actions next after the cause of such action accrued, and not after: (5) 1 R. L. p. 184, § 3. (6) Ib. § 4. (7) Ib. § 2, 3 and 5. which are to be brought within six years. |