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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.
§ 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 publicaHon is a county charge.*
§ 357. [Am'd 1895, amendment to take effect January 1, 1896.] Jurors for the terms of the county court at which issues of fact are triable by jury, must be drawn and notified in the same manner as for a trial term of the supreme court.
§ 358. [Am'd 1893, 1895, amendment to take effect January 1, 1896.] The board of supervisors of any county except Kings, Livingston, Monroe, Cortland, Oswego, Westchester and Onondaga, may, in their discretion, provide for the employment of a stenographer for the county court thereof, and when said board of supervisors shali so provide, the stenographer shall be appointed by the county judge and said board of supervisors must fix his compensation and provide for the payment thereof in the same manner as other county expenses are paid.
* See L. 1884, c. 133, repealing all acts providing for a State paper.
$359. [Am'd 1877, 1895, 1896.] The county judges of the county of Kings, from time to time, must appoint, and may at pleasure remove, two stenographers to be attached to the county court of the county of Kings, who must attend each term of said court, and each of whom shall receive a salary of three thousand dollars per annum, to be paid by the treasurer of the county of Kings in equal monthly installments. Each of the stenographers appointed as prescribed in this section may, with the consent of the county judges, appoint an assistant stenographer to aid him in the discharge of his duties, whose compensation shall be paid by the stenographer appointing him, and is not a county charge. Each of said county judges shall also appoint a confidential clerk at a salary not to exceed two thousand dollars per annum, to be paid by the county treasurer of Kings county in equal monthly installments, such clerks to be exempt from competitive examination, and their fitness and qualifications for the office shall be approved by the judge making the appointment.
§ 360. Interpreters for county court and surro gate's court in Kings county. [Am'd 1877, 1895, 1896, 1897.] The surrogate and the county judges of Kings county must each from time to time appoint, and may at pleasure remove, an interpreter to be attached respectively to the surrogate's court and the county court of said county. Each interpreter shall receive a salary of twelve hundred dollars per annum, to be paid by the comptroller of the city of Brooklyn in monthly installments. Each interpreter so appointed shall, before entering upon his duties, file in the office of the clerk of the county of Kings the constitutional oath of office in which there shall also be incorporated, language to the effect that he will fully and correctly interpret and translate each question propounded through him to a witn ss, and each answer thereto in said courts. The said county judges of Kings county shall also appoint and at pleasure remove an interpreter of the Slavonic languages, who shall receive the compensation above provided, to be paid in the same manner and who shall take and file the constitutional oath of office above provided, such compensation to be taken out of the amount appropriated for the support of the said county court.
§ 361. Stenographer for County Courts of Livingston and certain other counties. [Am'd 1878, 1885, 1886, 1888, 1890, 1895, 1897. Amendment to take effect September 1, 1897.]-The county judge in either of the counties of Livingston, Niagara, Monroe, Onondaga, Oswego or Cortland, where issues of fact are triable, may employ a steno. grapher 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 in the county of Livingston must be audited, allowed and paid as other county charges; and in the counties of Onondaga, Monroe, Niagara, Oswego and Cortland 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. The county judge of Erie county, and the county judge of Oneida county may each appoint and may at pleasure remove a stenographer of said court, who must attend each term of the said court where issues of fact in civil and criminal cases are triable, and who shall each receive therefor a salary of fifteen hundred dollars per annum, together with his necessary expenses for stationery, to be paid by the treasurer of said county of Erie, and the treasurer of the said county of Oneida, in equal monthly installments, on the certificates of said judges of Erie and Oneida counties, that the services have been actually performed or the expenses necessarily incurred. Said stenogra. phers shall also report and transcribe opinions for the said county judges, as well as special proceedings where a stenographer is required, without addition l compensation.
LIMITATION OF THE TIME OF ENFORCING A CIVIL
I-ACTIONS FOR THE RECOVERY OF REAL PROPERTY.
TITLE III-GENERAL PROVISIONS.
Actions for the recovery of real property.
362. When the people will not
written instrument of
370. Id.; what constitutes it.
374. Right not affected by de-
375. Certain disabilities exclu-
362. The people of the state will not sue a person for or 153 N. Y. 561. 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. 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. 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 sume 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 27 Hun, 162 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.
$383. A defence or counterclaim, founded upon the title to real property, or to rents or services out of the same, is not
27 Hun, 162. 138 N. Y. 26.
137 N.Y. 591.
effectual, unless the person making it, or under whose title i 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, 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. 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. Where the occupant, or those under whom he claims, entered into the possession of the premises, under claim 1 App. Div. 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.
49 Super. Ct. (J. & S.) 168. N. Y. 440.
116 N. Y. 34.
$370. 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. 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.
$372. For the purpose of constituting an adverse pos116 N. Y. 34. session, 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:
115 N.Y. 570.
1. Where it has been protected by a substantial inclosure.
§ 373. Where the relation of landlord and tenant has