Imágenes de páginas
PDF
EPUB

resides, in a case where the county judge, in whose court the action or special proceeding is brought, may make the same, out of court; and with like effect.

New provision, based on Laws of 1847, ch. 280, § 34; 4 Edm. St. 565. See ante, § 277.

court

open;

thereof.

§ 355. [Amended, 1877.] The county court is always open for County the transaction of any business, for which notice is not required to when be given to an adverse party, except where it is specially prescribed terms by law, that the business must be done at a stated term. The county judge must, from time to time, appoint the times and places for holding terms of his court. At least two terms, for the trial of issues of law or of fact, must be appointed to be held in each year. Each term may continue as long as the county judge deems necessary. The county judge may, by a new appointment, change the 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.

Code Pro., part of § 31; Laws of 1847, ch. 470, part of § 24; 4 Edm. St. 585. See 1 Wait's Pr. 398; Brown

v. Balde, 3 Lans. 283; Ward v. Bundy,
43 How. 330; Brown v. Snell, 57 N. Y.
(12 Sick.) 286.

§ 356. 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 Code Pro., § 31.

[blocks in formation]

how

$357. Jurors for the terms of the county court, at which issues Jurors, of fact are triable by jury, and of the court of sessions, must be drawn drawn and notified in the same manner as for a term of the circuit filed. court.

Code Pro., § 32.

and noti

Stenographers for

county

courts.

Stenog

rapher for county court and

Kings

county.

$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.

Laws of 1889, ch. 626, § 1; 7 Edm. St. 462, amended.

§ 359. [Amended, 1877.] The county judge of the county of Kings, from time to time, must appoint, and may at pleasure remove, sessions in a stenographer, to be attached to the county court and the court of sessions of the county of Kings; who is entitled to a salary, fixed and to be paid as prescribed by 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.

Interpreter for county court, etc., in Kings county.

Stenographer for county

Monroe

and Livingston counties.

Laws of 1867, ch. 271, portions of §§ 1 and 2, amended and remodelled.

§ 360. [Added, 1877.] The county judge and the surrogate of the county of Kings, from time to time, must appoint, and may at pleas ure 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.

Laws of 1867, ch. 271, § 3.

§ 361. The judge holding or presiding at a term of the county court or court of sessions, in the county of Livingston or in the Courts of county of Monroe, where issues of fact are triable, may employ a stenographer to take stenographic notes upon trials thereat, who is entitled to 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 must be audited, allowed, and paid, as other county charges.

Laws of 1864, ch. 46, § 1; 1866, ch. 437; 1872, ch. 749.

CHAPTER IV.

LIMITATION OF THE TIME OF ENFORCING A CIVIL
REMEDY.

TITLE I.- ACTIONS FOR THE RECOVERY OF REAL PROPERTY.

TITLE II.-ACTIONS OTHER THAN FOR THE RECOVERY OF REAL

PROPERTY.

TITLE III.- GENERAL PROVISIONS.

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.

people

§ 362. The people of the State will not sue a person for or with when the respect to real property, or the issues or profits thereof, by reason of will not 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.

Code Pro., § 75, amended. See 1 Wait's Pr. 53, 54; Wait's Code, 98;

Crill v. City of Rome, 47 How. 407;
Marvin v. Lewis, 61 Barb. 49.

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

State.

Action

after

letters

patent.

by the people, as prescribed in this title, if the patent or grant had not been issued or made.

Code Pro., § 76; 1 Wait's Pr. 54.

§ 364. Where letters patent or a grant of real property, issued or annulling made by the people of the State, are declared void by the determination of a 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. Code Pro., § 77; 1 Wait's Pr. 54.

Seizin within twenty years, when neces

sary, etc.

The same.

Action after

entry.

Possession,

sumed;

§ 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.

Code Pro., 78; 1 Wait's Pr. 54. The provisions of this section are construed to be applicable only to actions at law. See Miner v. Beekman, 50 N.

Y. (5 Sick.) 337; S. C., 14 Abb. U. S. 1; Hubbell v. Sibley, 50 N. Y. (5 Sick.) 468.

§ 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.

Code Pro., § 79, amended. See 1 Wait's Pr. 54; Hubbell v. Sibley, 50 N. Y. (5 Sick.) 468.

§ 367. 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.

Code Pro., § 80.

§ 368. In an action to recover real property, or the possession when pre- thereof, the person who establishes a legal title to the premises is presumed to have been possessed thereof, within the time required sumed to by law; and the occupation of the premises, by another person, is legal title. deemed to have been under and in subordination to the legal title,

occupa

tion pre

be under

unless the premises have been held and possessed adversely to the legal title, for twenty years before the commencement of the action. Code Pro., § 81. See Wait's Code, 100; Wood v. Squires, 1 Hun, 481.

posses

under

instru

judgment.

§ 369. Where the occupant, or those under whom he claims, Adverse entered into the possession of the premises, under claim of title, sion exclusive of any other right, founding the claim upon a written written instrument, as being a conveyance of the premises in question, or ment 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.

Code Pro., § 82.

consti

§ 370. For the purpose of constituting an adverse possession, by Id.; what a person claiming a title, founded upon a written instrument, or a tutes it. 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.

Code Pro., 83, amended. See Spinola, 54 N. Y. (9 Sick.) 377; Munro Wait's Code, 100, 101; Wheeler v. v. Merchant, 26 Barb. 383, 402.

posses

under

§ 371. Where there has been an actual continued occupation of Adverse premises, under a claim of title, exclusive of any other right, but sion not founded upon a written instrument, or a judgment or decree, the claim of premises so actually occupied, and no others, are deemed to have written. Deen held adversely.

Code Pro., § 84.

title not

§ 372. For the purpose of constituting an adverse possession, by a Id.; what person claiming title, not founded upon a written instrument, or a tutes it.

consti

« AnteriorContinuar »