TITLE 2. Id.; what § 372. For the purpose of constituting an adverse possession, by a 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. 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 affected 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 disproperty, 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. 5 Jackson & Johnson & Constid 14 at 194. 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. 380. Other periods of limitation. 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 satisfaction 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 execution. How presumption raised. of action to redeem from a mortgage. § 377. If the proof of payment, under the last section, consists of 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. § 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. Limitation § 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. Other periods of limitation. Within twenty . years. Within six years. § 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 have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts constituting the fraud. 6. An action to establish a will. Where the will has been lost, concealed, or destroyed, the cause of action is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts upon which its validity depends. 7. An action upon a judgment or decree, rendered in a court not of record, except a decree heretofore rendered in a surrogate's court of the State. The cause of action, in such a case, is deemed to have accrued, when final judgment was rendered. § 383. Within three years: TITLE 9 Within three 1. An action against a sheriff, coroner, constable, or other officer, for years. the non-payment of money collected upon an execution. 2. An action against a constable, upon any other liability incurred by him, by doing an act in his official capacity, or by the omission of an official duty; except an escape. 3. An action upon a statute, for a penalty or forfeiture, where the action is given to the person aggrieved, or to that person and the people of the State; except where the statute imposing it prescribes a different limitation. 4. An action against an executor, administrator, or receiver, or against the trustee of an insolvent debtor, appointed, as prescribed by law, in a special proceeding instituted in a court or before a judge, brought to recover a chattel, or damages for taking, detaining, or injuring personal property, by the defendant, or the person whom he represents. 5. An action to recover damages for a personal injury, resulting from negligence. §384. Within two years: 1. An action to recover damages for libel, slander, assault, battery, or false imprisonment. 2. An action upon a statute, for a forfeiture or penalty to the people of the State. § 385. Within one year: 1. An action against a sheriff or coroner, upon a liability incurred by him, by doing an act in his official capacity, or by the omission of an official duty; except the non-payment of money collected upon an execution. 2. An action against any other officer, for the escape of a prisoner, arrested or imprisoned by virtue of a civil mandate. Within two years. Within one year. cause of § 386. In an action brought to recover a balance due upon a mutual, When open, and current account, where there have been reciprocal demands action acbetween the parties, the cause of action is deemed to have accrued crues on a from the time of the last item, proved in the account on either side. current account. etc., by any will sue. $387. An action upon a statute for a penalty or forfeiture, given Action for wholly or partly to any person who will prosecute for the same, must penalty, be commenced within one year after the commission of the offence; person who and if the action is not commenced within the year by a private person, it may be commenced within two years thereafter, in behalf of the people of the State, by the Attorney-General, or the district-attorney of the county where the offence was committed. $388. An action, the limitation of which is not specially prescribed Actions not in this or the last title, must be commenced within ten years after the vided for. cause of action accrues. before pro the people $389. The limitations, prescribed in this title, apply alike to actions Actions by brought in the name of the people of the State, or for their benefit, and subject to to actions by private persons. the same limitations. TITLE 2. Action against a non-resi dent, upon a demand barred by the law of his residence. When person liable, etc., dies § 390. Where a cause of action, which does not involve the title to or possession of real property within the State, accrues against a person, who is not then a resident of the State, an action cannot be brought thereon in a court of the State, against him or his personal representative, after the expiration of the time, limited, by the laws of his residence, for bringing a like action, except by a resident of the State, and in one of the following cases: 1. Where the cause of action originally accrued in favor of a resident of the State. 2. Where, before the expiration of the time so limited, the person, in whose favor it originally accrued, was or became a resident of the State; or the cause of action was assigned to, and thereafter continuously owned by, a resident of the State. § 391. If a person, against whom a cause of action exists, dies without the State, the time which elapses between his death, and the expirawithout the tion of eighteen months after the issuing, within the State, of letters testamentary or letters of administration, is not a part of the time limited for the commencement of an action therefor, against his executor or administrator. State. Cause of action ac death of a and the grant of fetters. § 392. For the purpose of computing the time, within which an cruing be action must be commenced in a court of the State, by an executor or tween the administrator, to recover personal property, taken after the death of a testator or testator or intestate, and before the issuing of letters testamentary or intestate, letters of administration; or to recover damages for taking, detaining or injuring personal property within the same period; the letters are deemed to have been issued within six years after the death of the testator or intestate. But where an action is barred by this section, any of the next of kin, legatees, or creditors, who, at the time of the transaction upon which it might have been founded, was within the age of twenty-one years, or insane, or imprisoned on a criminal charge, may, within five years after the cessation of such a disability, maintain an action to recover damages by reason thereof: in which he may recover such sum, or the value of such property, as he would have received upon the final distribution of the estate, if an action had been seasonably commenced by the executor or administrator. No limita tion of action on § 393. This chapter does not affect an action to enforce the payment of a bill, note, or other evidence of debt, issued by a moneyed corporabank notes, tion, or issued or put in circulation as money. etc. Action rectors, § 394. This chapter does not affect an action against a director or against di- stockholder of a moneyed corporation, or banking association, to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such an action must be brought within three years after the cause of action has accrued. etc., of banks. Acknowl new prom § 395. An acknowledgment or promise, contained in a writing signed by the party to be charged thereby, is the only competent evidence of ise must be a new or continuing contract, whereby to take a case out of the operain writing. tion of this title. But this section does not alter the effect of a payment of principal or interest. Exceptions § 396. If a person, entitled to maintain an action specified in this as to per title, except for a penalty or forfeiture, or against a sheriff or other officer for an escape, is, at the time when the cause of action accrues, either: sons under disabili ties. 1. Within the age of twenty-one years; or, 2. Insane; or, |