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 I. Actions for the recovery of real property. SECTION 362. When the people will not sue. 1-413 363. 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. 375. Certain disabilities excluded from time to commence action. § 362. When the people will not sue. The people of the State will not sue a person for or with respect to real property, or the issues or profits thereof, by reason of 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. § 363. Action by grantee from the State. An action shall not be brought for or with respect to real property, by a person claiming by virtue of letters patent or a grant, from the people of the State, unless it might have been maintained by the people, as prescribed in this title, if the patent or grant had not been issued or made. § 364. Action after annulling letters patent. Where letters patent or a grant of real property, issued or 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. § 365. Seizin within twenty years, when necessary, etc. 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. The same. A defence or counter-claim, 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. Action after entry. 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. $368. Possession, when presumed; occupation presumed to be under legal title. In an action to recover real property, or the possession thereof, the person who establishes a legal title to the premises is presumed to have been possessed thereof, within the time required by law; and the occupation of the premises, by another person, is deemed to have 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. § 369. Adverse possession under written instrument or judgment. Where the occupant, or those under whom he claims, entered into the possession of the premises, under claim of title, exclusive of any other right; founding the claim upon a written instrument, as 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. $370. Id.; what constitutes it. For the purpose of constituting an adverse possession, by a person claiming a title, founded upon a written instrument, or a 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. § 371. Adverse possession under claim of title not written. Where there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or a judgment or decree, the premises so actually occupied, and no others, are deemed to have been held adversely. Color 2 title § 372. Id.; what constitutes it. 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 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. § 373. Relation of landlord and tenant, as affecting adverse possession. Where the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord, until the expiration of twenty years after the termination of the tenancy; or, where there has been no written lease, 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. Right not affected by descent cast. The right of a person to the possession of real property is not impaired or affected, by a descent being cast, in consequence of the death of a person in possession of the property. § 375. Certain disabilities excluded from time to commence action. If a person, who might maintain an action to recover real property, or the possession thereof, or make an entry, or interpose a defence or counter-claim, founded on the title to real property, or to rents or services out of the same, is, when his title first descends, or his 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 counter-claim; 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. 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. 389. Actions by the people subject to the same limitations. SECTION 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. 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 counter-claim. 376. When satisfaction of judgment presumed. A final judgment or decree for a sum of money, or directing the payment of a sum of money, heretofore rendered in a surrogate's court of the State, or heretofore or hereafter rendered, in a court of record within the United States, or elsewhere, or hereafter docketed pursuant to the provisions of section thirty hundred and seventeen of this act, 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. [AM'D BY CH. 307 OF 1894. Took effect April 17, 1894.] § 377. Effect of return of execution. 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. How presumption raised. 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. Limitation of action to redeem from a mortgage. 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-fulfillment of a covenant therein contained. § 380. Other periods of limitation. The following actions must be commenced within the following periods, after the cause of action has accrued. § 381. Within twenty years. [AMENDED BY CH. 416 OF 1877.] 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. [AMENDED BY CH. 416 OF 1877 AND BY CH. 422 OF 1877.] 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 mjury; except in a case where a different period is expressly prescribe 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 where a transcript shall be filed, pursuant to section thirty hundred and seventeen of this act, and, also, 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. [AM'D BY CH. 307 OF 1894. Took effect April 17, 1894.] §383. Within three years. [AMENDED BY CH. 416 OF 1877.] Within three years: 1. An action against a sheriff, coroner, constable, or other officer, for 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. 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. 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. § 386. When cause of action accrues on a current account. In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side. $387. Action for penalty, etc., by any person who will sue. An action upon a statute for a penalty or forfeiture, given wholly or partly to any |