TITLE 5. Jurors, how drawn and noti lied. Stenogra phers for County ourts. Stenogra pher for County lished, 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. § 357. Jurors for the terms of the county court, at which issues of fact are triable by jury, and of the court of sessions, must be drawn and notified in the same manner as for a term of the circuit court. § 358. The board of supervisors of any county, except Kings, Livingston, and Monroe, may provide for the employment of a stenographer for the county court and court of sessions thereof, and must fix his compensation, and provide for the payment thereof, in the same manner as other county expenses are paid. $359. The county judge of the county of Kings, from time to time must appoint, and may at pleasure remove, a stenographer, to be attached to the county court, and the court of sessions, of the county of sessions in Kings, who is entitled to a salary, fixed and to be paid as prescribed by court and court of Kings county. Interpreter for county law. He must attend each trial of an issue of fact in the county court or court of sessions. The stenographer appointed as prescribed in this section, may, with the consent of the county judge, appoint an assistant stenographer to aid him in the discharge of his duties, whose compensation shall be paid by the stenographer, and is not a county charge. $ 360. The county judge and the surrogate of the county of Kings, court, etc., from time to time, must appoint, and may at pleasure remove, an interpreter, to be attached to the county court, the court of sessions, and the surrogate's court of the county of Kings. Before entering upon the discharge of his duties, he must file in the county clerk's office the constitutional oath of office, and an additional oath, which may be incorporated into the constitutional oath, to the effect that he will fully and correctly interpret and translate each question propounded to a witness and each answer thereto. in Kings county. Stenogra pher for county courts of Monroe, § 361. The judge holding or presiding at a term of the county court or court of sessions, in either of the counties of Livingston, Niagara or Monroe, where issues of fact are triable, may employ a stenographer Livingston to take stenographic notes upon trials thereat, who is entitled to a com and Niag ara counties. pensation, 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 counties of Livingston and Niagara must be audited, allowed and paid as other county charges; and in the county of Monroe 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. 66 CHAPTER IV. LIMITATION OF THE TIME OF ENFORCING A CIVIL TITLE I.-ACTIONS FOR THE RECOVERY OF REAL PROPERTY. PROPERTY. TITLE III.-GENERAL PROVISIONS. REAL TITLE 1. TITLE I. Actions for the recovery of real property. SECTION 362. When the people will not sue. 363. Action by grantee from the State. 364. Action after anulling 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 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. 375. Certain disabilities excluded from time to commence action. § 362. The people of the State will not sue a person for or with re- when the spect to real property, or the issues or profits thereof, by reason of the people will 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. not sue. grantee § 363. An action shall not be brought for or with respect to real Action by property, by a person claiming by virtue of letters patent or a grant, from the from the people of the State, unless it might have been maintained by State. the people, as prescribed in this title, if the patent or grant had not been issued or made. nulling let $364. Where letters patent or a grant of real property, issued or Action made by the people of the State, are declared void by the determina- after antion of a competent court, rendered upon an allegation of a fraudulent ters patent. suggestion or concealment, or of a forfeiture, or mistake, or ignorance of a material fact, or wrongful detaining, or defective title; an action TITLE 1. Seizin within twenty years, when nec esssary, etc. The same. Action after entry. Possession, sumed; oc presumed 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. § 365. 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. § 366. A defence or counterclaim, 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. § 367. An entry upon real property is not sufficient or valid as a claim, uless 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. §368. In an action to recover real property, or the possession thereof, when pre. the person who establishes a legal title to the premises is presumed to cupation have been possessed thereof, within the time required by law; and to be under the occupation of the premises, by another person, is deemed to have legal title. 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. Adverse possession ten instru ment or § 369. Where the occupant, or those under whom he claims, entered under writ. into the possession of the premises, under claim of title, exclusive of any other right, founding the claim upon a written instrument, as judgment. 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. Id.: what constitutes it. Adverse possession under claim of title not written. $370. For the purpose of constituting an adverse possession, by ɛ person claiming a title, founded upon a written instrument, or a judg ment 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 o fuel, or of fencing timber, either for the purposes of husbandry, or fo the ordinary use of the occupant. Where a known farm or a single lot has been partly improved, th 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, i deemed to have been occupied for the same length of time, as the par improved and cultivated. § 371. Where there has been an actual continued occupation o premises, under a claim of title, exclusive of any other right, but no founded upon a written instrument, or a judgment or decree, the prem ises so actually occupied, and no others, are deemed to have been hel adversely. TITLE 2. § 372. For the purpose of constituting an adverse possession, by a Id.; what person claiming title, not founded upon a written instrument, or a constitutes 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. it. landlord adverse § 373. Where the relation of landlord and tenant has existed between Relation of any persons, the possession of the tenant is deemed the possession and tenant, of the landlord, until the expiration of twenty years after the ter- as affecting mination of the tenancy; or, where there has been no written lease, possession. 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. § 374. The right of a person to the possession of real property is not Right not impaired or affected, by a descent being cast, in consequence of the acted by death of a person in possession of the property. descent cast. abilities ex § 375. If a person, who might maintain an action to recover real Certain dis property, or the possession thereof, or make an entry, or interpose a cluded defence or counterclaim, founded on the title to real property, or to from time rents or services out of the same, is, when his title first descends, or mence achis cause of action or right of entry first accrues, either: 1. Within the age of twenty-one years; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than for life; The time of such a disability is not a part of the time, limited in this title, for commencing the action, or making the entry, or interposing the defence or counterclaim; except that the time so limited cannot be extended more than ten years, after the disability ceases, or after the death of the person so disabled. to com tion. TITLE II. Actions other than for the recovery of real property. SECTION 376. When satisfaction of judgment presumed. 377. Effect of return of execution. 378. How presumption raised. 379. Limitation of action to redeem from a mortgage. 381. Within twenty years. 382. Within six years. 383. Within three years. 384. Within two years. 385. Within one year. 386. When cause of action accrues on a current account. 387. Action for penalty, etc., by any person who will sue. 388. Actions not before provided for. 389. Actions by the people subject to the same limitations. 390. Action against a non-resident, upon a demand barred by the law of his residence. 391. When person liable, etc., dies without the State. TITLE 2. When sat isfaction of 392. Cause of action accruing between the death of a testator or intestate, and the grant of letters. 393. No limitation of action on bank notes, etc. 394. Action against directors, etc., of banks. 395. Acknowledgment or new promise must be in writing. 396. Exceptions, as to persons under disabilities. 397. Defence or counterclaim. § 376. A final judgment or decree for a sum of money, or directing judgment the payment of a sum of money, heretofore rendered in a surrogate's presumed. court of the State, or heretofore or hereafter rendered, in a court of record within the United States, or elsewhere, is presumed to be paid and satisfied, after the expiration of twenty years from the time, when the party recovering it was first entitled to a mandate to enforce it. This presumption is conclusive; except as against a person, who, within twenty years from that time, makes a payment or acknowledges an indebtedness of some part of the amount recovered by the judgment or decree; or his heir or personal representative; or a person whom he otherwise represents. Such an acknowledgment must be in writing, and signed by the person to be charged thereby. Effect of return of § 377. If the proof of payment, under the last section, consists of execution. the return of an execution partly satisfied, the adverse party may show, in full avoidance of the effect thereof, that the alleged partial satisfaction did not proceed from a payment made, or a sale of property claimed, by him, or by a person whom he represents. How presumption raised. Limitation of action to redeem from a mortgage. Other peri ods of lim itation. Within twenty years. Within six years. § 378. A person may avail himself of the presumption created by the last section but one, under an allegation that the action was not commenced, or that the proceeding was not taken, within the time therein limited. § 379. An action to redeem real property from a mortgage, with or without an account of rents and profits, may be maintained by the mortgagor, or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises, for twenty years after the breach of a condition of the mortgage, or the non-fulfilment of a covenant therein contained. § 380. The following actions must be commenced within the following periods, after the cause of action has accrued. §381. Within twenty years: An action upon a sealed instrument. But where the action is brought for breach of a covenant of seizin, or against incumbrances, the cause of action is for the purposes of this section only, deemed to have accrued upon an eviction, and not before. § 382. Within six years: 1. An action upon a contract, obligation or liability, express or implied; except a judgment or sealed instrument. 2. An action to recover upon a liability created by statute; except a penalty or forfeiture. 3. An action to recover damages for an injury to property, or a personal injury; except in a case where a different period is expressly prescribed in this chapter. 4. An action to recover a chattel. 5. An action to procure a judgment, other than for a sum of money, on the ground of fraud, in a case which, on the thirty-first day of December, eighteen hundred and forty-six, was cognizable by the court of chancery. The cause of action, in such a case, is not deemed to |