of the disability is not a part of the time limited for the commencement of the action. Co. Proc., 103, am'd. 405. Provision where judgment has been reversed. -If an action is commenced within the time limited therefor, and a judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits; the plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time so limited, and within one year after such a reversal or termination. Id., 104. See Lang v. Featheree, 7 S. & M. 404. $406. Stay by injunction, etc., to be deducted. Where the commencement of an action has been stayed by injunction, or other order of a court or judge, or by statutory prohibition, the time of the continuance of the stay is not a part of the time, limited for the commencement of the action. Id., 105, am'd. § 407. Certain actions by a principal, for misconduct of an agent, etc. Where an injury results from the act or omission of a deputy or agent, the time, within which an action to recover damages by reason thereof, must be commenced by the principal, against the deputy or agent, must be computed from the time, when a judgment against the principal, for the act or omission, is first recovered by the aggrieved person; and a subsequent reversal or setting aside of the judgment does not extend the time. New. Overruling Bank v. Childs, 6 Cow. 238. See Northrop v. Hill, 57 N. Y. 351. § 408. Disability must exist when right accrues. — A person cannot avail himself of a disability, unless it existed when his right of action or of entry accrued. Co. Proc., 106, am'd. Bunt v. Ransom, 10 Johns. 409; Swartwout e. Johnson, 5 Cow. 74. 409. If several disabilities, no limitation until all removed. - Where two or more disabilities co-exist, when the right of action or of entry accrues, the limitation does not attach, until all are removed. Co. Proc., 107, am'd. § 410. Provision when the action cannot be maintained without a demand. — Where a right exists, but a demand is necessary to entitle a person to maintain an action, the time, within which the action must be commenced, must be computed from the time, when the right to make the demand is complete; except in one of the following cases: 1. Where the right grows out of the receipt or detention of money or property, by an agent, trustee, attorney, or other person acting in a fiduciary capacity, the time must be computed from the time, when the person, having the right to make the demand, has actual knowledge of the facts, upon which that right depends. 2. Where there was a deposit of money, not to be repaid at a fixed time, but only upon a special demand, or a delivery of personal property, not to be returned, specifically or in kind, at a fixed time or upon a fixed contingency, the time must be computed from the demand. New. See Stafford v. Richardson, 15 Wend. 302; Hickok v. Hickok, 13 Barb. 632: Lyle . Murray, 4 Sandf. 590; Leonard r. Pitney, Wend. 30: Allen e. Mille, 17 id. 202; Halden v. Crafts, 4 E. D. Smith, 490; Baird v. Walker, 12 Barb. 298: Hoffman v. Van Nostrand, 42 id 174; Downes v, Phoenix Bank, 6 Hill, 297: Bruce v. Tilson, 25 N. Y. 194; Purdy v. Sistare, 2 Hun, 126; Roberts v. Berdell, 15 Abb. N. S. 177. $ 411. Provision in case of submission to arbitration. Where the persons, who might be adverse parties in an action, have entered into a written agreement to submit to arbitration, or to refer the cause of action, or a controversy in which it might be available, or have entered into a written submission thereof to arbitrators; and before an award, or other determination thereupon, the agreement or submission is revoked, so as to render it ineffectual, by the death of either party thereto, or by the act of the person against whom the action might have been brought; or the execution thereof, or the remedy upon an award or other determination thereunder, is stayed by injunction, or other order procured by him from a competent court or judge; the time which has elapsed, between the entering into the written submission or agreement, and the revocation thereof, or the expiration of the stay, is not a part of the time, limited for the commencement of the action. New. § 412. Provision when action is discontinued, etc., after answer. Where a defendant in an action has interposed an answer, in support of which he would be entitled to rely, at the trial, upon a defence or counterclaim then existing in his favor, the remedy upon which, at the time of the commencement of the action, was not barred by the provisions of this chapter; and the complaint is dismissed, or the action is discontinued, or abates in consequence of the plaintiff's death; the time which intervened, between the commencement and the termination of the action, is not a part of the time, limited for the commencement of an action by the defendant, to recover for the cause of action so interposed as a defence, or to interpose the same defence in another action brought by the same plaintiff, or a person deriving title from or under him. New. § 413. How objection taken, under this chapter.— The objection, that the action was not commenced within the time limited, can be taken only by answer. The corresponding objection to a defence or counterclaim can be taken only by reply; except where a reply is not required, in order to enable the plaintiff to raise an issue of fact, upon an allegation contained in the answer. Co. Proc., part of 74. Williams v. Willis, 15 Abb. N. S. 11; Sands e. St. John, 36 Barb. 628; s. c., 23 How. 140: Voorhies v. Voorhies, 24 Barb. 150; Baldwin v. Martin, 14 Abb. N. S. 9; Selover v. Coe, 63 N. Y. 438. § 414. Cases to which this chapter applies. — The provisions of this chapter apply, and constitute the only rules of limitation applicable, to a civil action or special proceeding, except in one of the following cases: 1. A case, where a different limitation is specially prescribed by law, or a shorter limitation is prescribed by the written contract of the parties. 2. A cause of action or a defence which accrued before the first day of July, 1848. The statutes then in force govern, with respect to such a cause of action or defence. 3. A case, not included in the last subdivision, in which a person is entitled, when this act takes effect, to commence an action, or to institute a special proceeding, or to take any proceeding therein, or to pursue a remedy upon a judgment, where he commences, insti tutes, or otherwise resorts to the same, before the expiration of two years after this act takes effect; in either of which cases, the provisions of law applicable thereto, immediately before this act takes effect, continue to be so applicable, notwithstanding the repeal thereof. 4. A case, where the time to commence an action has expired, when this act takes effect. The word, "action", contained in this chapter, is to be construed, when it is necessary so to do, as including a special proceeding, or any proceeding therein, or in an action. New. 415. Mode of computing periods of limitation. — The periods of limitation, prescribed by this chapter, except as otherwise specially prescribed therein, must be computed from the time of the accruing of the right to relief by action, special proceeding, defence, or otherwise, as the case requires, to the time when the claim to that relief is actually interposed by the party, as a plaintiff or a defendant, in the particular action or special proceeding. New. CHAPTER V. COMMENCEMENT OF AND PARTIES TO AN ACTION. TITLE I-COMMENCEMENT OF AN ACTION. TITLE IL-PARTIES TO AN ACTION. TITLE I. Commencement of an action. ARTICLE 1. The summons and accompanying papers; personal service thereof; appearance of the defendant. 2. Substitutes for personal service in special cases. ARTICLE FIRST. THE SUMMONS AND ACCOMPANYING PAPERS; PERSONAL SERVICE THEREOF; APPEARANCE OF THE DEFENDANT. SEC. 416. Action to be commenced by summons; time when court acquires jurisdiction. 417. Requisites of summons. 418. Form of summons. 419. Service of copy complaint or notice with summons; conse quence of failure. 420. Cases where such service must be made. 421. Appearance of defendant. 422. When defendant must answer before time to appear expires. 423. Notice of no personal claim; effect of service thereof. 424. Effect of voluntary appearance. 425. Summons; when and by whom served. Sheriff's duty. 426. How personal service of summons made upon a natural per son. 427, 428. Id.; in certain cases of infancy, or lunacy, etc., not ju- 429. Id.; when delivery of copy to lunatic dispensed with. 431. How personal service of summons made upon a domestic 432. 1d.; upon a foreign corporation. 433. Service of process, etc., to commence a special proceeding. 434. Proof of service of summons, etc.; how made. § 416. Action to be commenced by summons; time when court acquires jurisdiction. A civil action is |