the state. 3. No action shall be brought for, or in respect to, ART. 1. any lands, tenements or hereditaments, by any person claiming by virtue of any letters patent, or grants from Grantees of the people of this state, unless the same might have been commenced by the people of this state, as herein specified, in case such patent or grant had not been issued or made.2 patents de § 4. When letters patent, or grants, of any lands or Suits after tenements, shall have been issued or made by the peo-clared void. ple of this state, and the same shall be declared void by the judgment or decree of some competent court, rendered upon a suggestion of concealment, 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 judg ment or decree was rendered; but not after that period. 2 § 5. No action for the recovery of any lands, tene- Privatesuits ments or hereditaments, or for the recovery of the for real propos- perty. session thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor or grantor, was seised or possessed of the premises in question, within twenty years before the commencement of such action.3 § 6. No avowry or cognizance of title to real estate, Avowries or to any rents or services, shall be valid, unless it and cognipear that the person making the avowry, or the person in whose right the cognizance 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 the act, in defence of which such avowry or cognizance is made.3 ap Zances. valid. land deemed § 7. No entry upon real estate shall be deemed suffi- Entry on cient or valid as a claim, unless an action be commenc- land, when ed thereupon 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.* §8. In every action for the recovery of real estate, Owner of or the possession thereof, the person establishing a legal possessed. title to the premises, shall be presumed to have been possessed thereof, within the time required by law; and the occupation of such premises by any other person, shall be deemed to have 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. (2) 1 R. L. p. 184, § 1. (3) Ib. § 2. (4) Ib. § 3. TITLE 2. ten title. 9. Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession Adverse of any premises under claim of title, exclusive of any possession under writ- other right, founding such claim upon some written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of some 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. Ib. What acts to constitute it. Ib. Without claim of title Ib. What acts to constitute. Possession by tenant. 10. For the purpose of constituting an adverse possession, by any person claiming a title founded upon some written instrument, or some judgment or decree, land shall be deemed to have been possessed and occupied in the following cases: 1. Where it has been usually cultivated or improved: 2. Where it has been protected by a substantial enclosure: 3. Where, although not enclosed, 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 single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not enclosed, 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. § 11. Where it shall appear that there has bee an actual continued occupation of any premises, under a claim of title, exclusive of any other right, but not founded upon any written instrument, or any judgment or decree, the premises so actually occupied, and no other, shall be deemed to be held adversely. § 12. For the purpose of constituting an adverse possession, by a person claiming title not founded upon some written instrument, or some judgment or decree, land shall be deemed to have been possessed and occupied, in the following cases only: 1. Where it has been protected by a substantial enclosure: 2. Where it has been usually cultivated or improved. § 13. Whenever the relation of landlord and tenant, shall have existed between any persons, the possession of the tenant shall be deemed the possession of the landlord, until the expiration of twenty years from the ART. 1. 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 such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumption shall not be made after the periods herein limited. on fines. §14. All writs of scire facias upon fines, heretofore Scire facias levied of any manors, lands, tenements or hereditaments, shall be sued out within twenty years next after the title and cause of action first descended or fallen; and not after that period. 5 cast. § 15. The right of any person, to the possession of Descent any real estate, shall not be impaired or affected, by a descent being cast in consequence of the death of any person in possession of such estate." for certain § 16. If any person entitled to commence any action Exceptions in this Article specified, or to make any entry, avowry disabilities. or cognizance, be at the time such title shall first de scend or accrue, either, 1. Within the age of twenty-one years: or, 2. Insane or, 3. Imprisoned on any criminal charge, or in execution upon some conviction of a criminal offence for any 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 Article limited for the commencement of such suit, or the making such entry, avowry or cognizance: but such person may bring such action, or make such entry, avowry or cognizance, after the said time so limited, and within ten years after such disability removed, but not after that period." Limitation. § 17. If the person entitled to commence such action, Deathof peror to make such entry, avowry or cognizance, shall die sons under during the continuance of any disability specified in the disability. preceding section, and no determination or judgment be had of the title, right or action to him accrued, his heirs may commence such action, or make such entry, avowry or cognizance, after the time in this Article limited for that purpose, and within ten years after his death; but not after that period.7 (5) 1 R. L. p. 184, § 3. (6) Ib. § 4. (7) Ib. § 2, 3 and 5. TITLE 2. Actions ARTICLE SECOND. Of the time of commencing Actions for the Recovery of SEC. 18. Certain actions to be brought within six years. 20. Others to be brought within two years. 21. Against sheriffs, &c. for escapes, to be brought in one year. 22. All others against sheriffs, &c. to be brought in three years. 23. When cause of action deemed to have accrued in certain cases. 24. Exception of persons under certain disabilities. 25. Exception of suits on notes, &c. of corporations. 26. Suits by executors, &c. when to be brought in certain cases. § 18. The following actions shall be commenced withwhich are to;, be brought in six years next after the cause of such action accrued, within six and not after: years. Others to be brought within four years. Others to be brought within two years. Against sheriffs, &c. for escapes. 1. All actions of debt founded upon any contract, obligation or liability, not under seal, excepting such as are brought upon the judgment or decree of some court of record of the United States, or of this or some other state: 2. All actions upon judgments rendered in any court not being a court of record: 3. All actions of debt for arrearages of rent not reserved by some instrument under seal: 4. All actions of account, assumpsit, or on the case, founded on any contract or liability, express or implied: 5. All actions for trespass upon land: 6. All actions for taking, detaining or injuring any goods or chattels, including actions of replevin: 7. All special actions on the case for criminal conversation, for libels, or for any other injury to the persons or rights of any, except such as are specified in the two next sections. 8 § 19. The following actions shall be commenced within four years after the cause of action accrued, and not after : 1. All actions for assault and battery: § 20. The following actions shall be commenced within two years after the cause of action accrued, and not after: 1. Actions for words spoken, slandering the character or title of any person: 2. Actions for words spoken, whereby special damages are sustained :8 the § 21. All actions against sheriffs or other officers, for escape of persons imprisoned on civil process, shall (8) 1 R. L. p. 196, §5. be commenced within one year from the time of such ART. 2. escape, and not after." § 22. All actions against sheriffs and coroners, upon All others' against sherany liability incurred by them, by the doing any act in iffs, &c. their official capacity, or by the omission of any official duty, except for escapes, shall be brought within three years after the cause of action shall have accrued, and not after that period. certain § 23. In all actions of debt, account or assumpsit, Course of brought to recover any balance due upon a mutual, action in open and current account, the cause of action shall be cases. deemed to have accrued from the time of the last item proved in such account. for certain § 24. If any person entitled to bring any action in Exceptions this Article specified, (excepting actions against sheriffs disabilities. or other officers for escapes,) shall, at the time the cause of action accrued, be, either, 1. Within the age of twenty-one years: or, 2. Insane: or, 3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than for his natural life: or, 4. A married woman : Such person shall be at liberty to bring such actions within the respective times in this article limited, after such disability removed. 10 § 25. None of the provisions of this Article, shall Suits on apply to suits brought to enforce payment on bills, notes notes &c. of or other evidences of debt, issued by monied corpora- tions. tions. corpora certain ca § 26. If any person entitled to bring any action in this By execuArticle specified, shall die before the expiration of the tors, &c. in time herein limited for the commencement of such suit, ses. if such cause of action shall survive to his representatives, his executor or administrator may, after the expiration of such time, and within one year after such death, commence such action; but not after that period. the state. § 27. If at the time when any cause of action speci- Against perfied in this Article, shall accrue against any person, he sons out of shall be out of this state, such action may be commenced within the terms herein respectively limited, after the return of such person into this state; and if, after such cause of action shall have accrued, such person shall depart from and reside out of this state, the time of his absence shall not be deemed or taken as any part (9) Ib. p. 427, §26. (10) 1 R. L. p. 186. §5. |