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also that in the city and county of New York, a judgment for twenty-five dollars or over, exclusive of costs, the transcript whereof is docketed in the office of the clerk of that county, shall have the same effect as a lien, and be enforced in the same manner as, and be deemed a judgment of the court of common pleas for the city and county of New York.

As amended by Laws of 1851, ch. 479.

19 How. P. R., 321; 12 Ab., 243; 11 Ab., 295; 10 Ab., 62, 320; 3 Ab.,
101; 1 Ab., 416; 2 E. D. S., 247.

CHAP. XI

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OF THE FORM OF CIVIL ACTIONS.

SEC. 69. Distinction between actions at law and suits in equity, and forms of such actions

and suits abolished.

70. Parties to an action, how designated.

71. Actions on judgment, when and how to be brought.

72. Feigned issues, abolished and order for trial substituted.

law and

$69. The distinction between actions at law and suits in Distinction equity, and the forms of all such actions and suits, hereto-actions at tofore existing, are abolished; and there shall be in this state, suits in bereafter, but one form of action, for the enforcement or pro- equity, and tection of private rights and the redress of private wrongs, such acwhich shall be denominated a civil action.

20 N. Y., 64; 19 N. Y., 492; 14 N. Y., 90; 12 N. Y., 165; 31 B., 75;
29 B., 344; 23 B., 235; 21 B., 438; 15 B., 402; 11 B., 659; 10 B.,
451; 9 B., 301, 657; 8 B., 656; 19 How. P. R., 416, 428; 5 How.
P. R., 194; 11 Ab., 227, 244; 8 Ab., 273; 6 Ab., 345; 1 Ab., 100;
31 How. P. R., 499; 19 Ab., 452.

of

tions and smits abolished.

an action,

$70. In such action, the party complaining shall be known Parties to as the plaintiff, and the adverse party as the defendant. how desig $71. No action shall be brought upon a judgment rendered nated. in any court of this state, except a court of a justice of the judgments, peace, between the same parties, without leave of the court when and

Actions on

PART III.

how to be

brought.

Feigned issues abolished and order for

tuted.

for good cause shown, on notice to the adverse party; and no action on a judgment rendered by a justice of the peace, shall be brought in the same county within five years after its rendition, except in case of his death, resignation, incapacity to act, or removal from the county, or that the process was not personally served on the defendant, or on all the defendants, or in case of the death of some of the parties, or where the docket or record of such judgment is or shall have been lost or destroyed.

32 B.. 49; 29 B., 296; 18 How. P. R., 267; 12 How. P. R., 458, 537; 10 Ab., 338; 5 Ab., 225; 4 Ab., 441; 3 Ab., 157; 1 Ab., 83; 29 How. P. R., 220; 26 How. P. R., 501.

$72. Feigned issues are abolished; and instead thereof, in the cases where the power now exists to order a feigned issue, trial substi- or when a question of fact, not put in issue, by the pleadings, is to be tried by a jury, an order for the trial may be made, stating, distinctly and plainly, the question of fact to be tried, and such order shall be the only authority necessary for a trial.

Repeal of existing limitations.

Time for commen

cing civil actions.

10 Ab., 107; 7 Ab., 321; 3 Ab., 149, 478.

TITLE II.

OF THE TIME OF COMMENCING CIVIL ACTIONS.

CHAPTER I. Actions in general.

II. Actions for the recovery of real property.

III. Actions, other than for the recovery of real property.
IV. General provisions.

CHAPTER I.

THE TIME OF COMMENCING ACTIONS IN GENERAL.

SEC. 73. Repeal of existing limitatious.

74. Time for commencing civil actions.

$73. The provisions contained in the chapter of the Revised Statutes entitled "of actions and the times of commencing them," are repealed, and the provisions of this title are substituted in their stead. This title shall not extend to actions. already commenced, or to cases where the right of action has already accrued; but the statutes now in force shall be applicable to such cases, according to the subject of the action, and without regard to the form.

18 N. Y., 565; 12 N. Y., 638; 9 N. Y., 361; 32 B., 49, 140, 431; 30 B., 178; 29 B., 278, 440; 26 B., 215, 361; 15 B., 184; 12 B., 387, 595; 8 B., 251; 22 How. P. R., 180; 10 How. P. R., 383; 10 Ab., 340; 9 Ab., 277; 8 Ab., 350; 5 Ab., 226; 2 Ab., 276.

$74. Civil actions can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute, and in the cases mentioned in section seventy-three. But the objection that the action was not commenced within the time limited, can only be taken by answer.

As amended by Laws of 1851, ch. 479. 31 B., 239; 29 B, 439; 21 B., 452; 8 B., 251; 23 How. P. R., 144; 16 How. P. R., 546; 10 How. P. R., 383; 11 Ab., 246; 5 Ab., 40; 17 Ab., 27; 14 Ab., 77.

CHAPTER II.

THE TIME OF COMMENCING ACTIONS FOR THE RECOVERY OF REAL

SEC. 75. When the people will not sue.

PROPERTY.

76. When action cannot be brought by grantee from the state.

77. When actions by the people or their grantees to be brought within twenty years.

78. Seisin within twenty years, when necessary in action for real property.

79. Seisin within twenty years, when necessary in action or defense founded on title to or rents of real property.

80. Action must be commenced within one year after entry, or within twenty years after right of entry.

81. Possession when resumed. Occupation deemed under legal title, unless adverse.

82. Occupation under written instrument or judgment, when deemed adverse.

83. What constitutes adverse possession, under written instrument or judgment. 84. Premises actually occupied, under claim of title, deemed to be held adversely. 85. What constitutes adverse possession under claim of title not written.

86. Relation of landlord and tenant, as affecting adverse possession.

87. Right of possession not affected by descent cast.

88. Certain disabilities excluded from time to commence action.

CHAP. XL

people will

$75. The people of this state will not sue any person for When the or in respect to any real property, or the issues or profits not suc. thereof, by reason of the right or title of the people to the same unless,

1. Such right or title shall have accrued within forty years before any action or other proceeding, for the same shall be commenced; or, unless,

2. The people, or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the space of forty years.

22 N. Y., 57; 4 N. Y., 51; 30 B., 546; 10 B., 153.

tion cannot

by grantee

$76. No action shall be brought for, or in respect to, real when acproperty, by any person claiming by virtue of letters patent, be brought or grants from the people of this state, unless the same might from tho have been commenced by the people as herein specified, in state. case such patent or grant had not been issued or made.

tions by the

their gran

brought

years.

$77. When letters patent, or grants of real property shall When ac have been issued or made by the people of this state, and the people or same shall be declared void by the determination of a com- tees to be petent court, rendered upon an allegation of a fraudulent within suggestion, or concealment, or forfeiture, or mistake, or igno- twenty rance of a material fact, 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 determination was made; but not after that period.

10 B., 153.

within

$78. No action for the recovery of real property, or for Scisin the recovery of the possession thereof, shall be maintained, twenty unless it appear that the plaintiff, his ancestor, predecessor, necessary or grantor, was seised or possessed of the premises in ques- for real

years, when

in action

property.

PART IIL

Seisin with

in twenty

necessary in action

or defense

tion, within twenty years before the commencement of such action.

32 B., 266.

$79. No cause of action or defense to an action founded years, when upon the title to real property, or to rents or services out of the same, shall be effectual, unless it appear that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted or the defense 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 of the act in respect to which such action is prosecuted or defense made.

founded on title to or rents of

real pro

perty.

Action must be

32 B., 88.

$80. No entry upon real estate shall be deemed sufficient, commenced or valid as a claim, unless an action be commenced thereupon within one within one year after the making of such entry, and within twenty years from the time when the right to make such entry, descended or accrued.

year after entry or within twenty

years after right of entry. Possession

when pre

sumed.

deemed un

S81. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises, shall be presumed to have been possessed thereOccupation of within the time required by law; and the occupation of such premises by any other person, shall be deemed to have title, unless 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.

der legal

adverse.

Occupation

ten instru

S82. Whenever it shall appear that the occupant, or those under writ under whom he claims, entered into the possession of premises under the claim of title, exclusive of any other right, when deem- founding such claim upon a written instrument, as being a

ment or judgment.

ed adverse.

What con

stitutes adverse pos

conveyance of the premises in question, or upon the decree or judgment of a 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. 8 B., 263; 28 N. Y., 43; 39 B., 515; 36 B., 390.

$83. For the purpose of constituting an adverse possession, by any person claiming a title founded upon a written instrusession, un ment, or a judgment or decree, land shall be deemed to have instrument been possessed and occupied in the following cases:

der written

or judg ment.

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, for the purposes of husbandry, or the ordinary use of the occupant;

4. Where a known farm or a single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not inclosed 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.

8 B., 263; 28 N. Y., 43.

CHAP. XI

actually

under claim

$84. Where it shall appear that there has been an actual Premises continued occupation of premises, under a claim of title, occupied, exclusive of any other right, but not founded upon a written of title instrument, or a judgment or decree, the premises so actually be held adoccupied and no other, shall be deemed to have been held versely. adversely.

deemed to

What converse pos

stitutes ad session un

title, not

landlord

$ 85. For the purpose of constituting an adverse possession, by a person claiming title not founded upon a written instrument, or a judgment or decree, land shall be deemed to have der claim of been possessed and occupied in the following cases, only: written. 1. Where it has been protected by a substantial inclosure; 2. Where it has been usually cultivated or improved. 41 B., 181. $86. Whenever the relation of landlord and tenant shall Relation of have existed between any persons, the possession of the ten- and tenant ant shall be deemed the possession of the landlord, until the adverse 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 that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions shall not be made after the periods herein limited.

as affecting

possession.

possession

by descent

$87. The right of a person to the possession of any real Right of property, shall not be impaired or affected by a descent being not affected cast in consequence of the death of a person in possession cast. of such property. $88. If a person entitled to commence any action for the Certain dis recovery of real property, or to make an entry or defense excluded founded on the title to real property, or to rents or services to comout of the same, be at the time such title shall first descend meuce acor accrue 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 offense, for a term less than for life, or 4. A married woman;

The time, during which such disability shall continue, shall not be deemed any portion of the time in this chapter limited for the commencement of such action, or the making of such entry or defense; but such action may be commenced, or entry or defense made, after the period of twenty years, and within ten years after the disability shall cease, or after the death of the person entitled who shall die under such disa

abilities

from time

tion.

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