cause for filing such bill shall accrue, under any of the ART. 1. disabilities in the first and second Articles of this Title enumerated, the time during which such disability shall continue, shall be excepted from the limitations contained in the two last sections, in the same manner and with the like effect, as such time is herein excepted from the limitations prescribed for commencing actions at law; and in case of the death of the person so entitled, during such disability, or before the expiration of the time herein limited for filing such bills, the same may be filed by the heirs or representatives of such person, as the case may require, within the same time as allowed in the said first and second Articles for commencing actions at law in the like cases.

PART III, CHAP. IX, TITLE 3.

years.

§ 21. All writs of error upon any judgment or final To be bro't determination, rendered in any cause, in any court of in two law and of record in this state, shall be brought within two years after the rendering of such judgment or final determination, and not after; except in the cases specified in the two next sections.25

§22. If any person against whom such judgment Exceptions. or determination shall be made, shall be at the time, 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 above limited for bringing a writ of error; but such person may bring such writ after the time so limited, and within two years after such disability removed.

§ 23. If the person entitled to bring such writ, shall By execudie, during the continuance of any disability specified tors, &c. in the preceding section, his heirs, devisees, executors or administrators, entitled by law to prosecute such writ, may bring the same, after the time herein limited for that purpose, and within two years after such death.

Not to ex

24. But the existence of any disability specified in the preceding sections, shall not authorise the bringing ceed five of a writ of error upon any judgment, after the expira- years. tion of five years from the time of rendering the same.

(25) 1R. L. p. 134, § 9.

decisions

TITLE 2 § 67. Whenever a petition shall be presented by any person against whom proceedings shall have been institutRemoving ed as an absent, absconding or concealed debtor, or by under ab- any person to whom such debtor shall have assigned or sconding delivered any property or made any payments, in the cadebtor acts. ses provided in the first Article of the first Title of the fifth Chapter of the Second Part of the Revised Statutes, for the purpose of procuring the discharge of any warrant issued against such debtor,and such petition shall have been referred to any court, for its determination thereon, or for trial by jury, such decision, when made by a court of common pleas, or the verdict of a jury, when rendered in a court of common pleas, may be examined by the supreme court, upon a certiorari, to be allowed by one of the justices thereof; and when made by the supreme court, shall be subject to a writ of error, as in other cases.

Order sus

§ 68. Such certiorari and such writ of error, shall pended; fil- be brought and filed in the office of a clerk of the court ing certioby which the decision was made, or in which the verrari. dict was rendered, within thirty days after such decision or verdict; during which time, the order and judgment of the court shall be suspended, and the property seized by virtue of any such warrant, and any bonds or other securities taken according to law, in relation to such property, shall remain in the hands of the officer holding such warrant.

When ap

peals from final decrees to be made.

Ib. from

78. All appeals from final decrees of the court of chancery, shall be made within the same time after the enrolment of any such decree, as herein prescribed for bringing writs of error upon judgments at law, subject to the same exceptions and provisions in favor of persons under disability at the time of rendering such decree, and subject to the same restrictions, except where provision is otherwise specially made by law.32

§ 79. All appeals from any other order or decree of other orders the court of chancery, including decrees for the general and decrees. costs of the cause, shall be made within fifteen days after notice thereof shall have been given to the party against whom such order or decree shall be made, or to his solicitor.

Appeals from surrogates.

§ 90. Appeals from the decisions of surrogates, by which any will of real estate shall have been admitted to record, or any will of personal estate shall have been admitted to probate; or by which any such will shall be refused to be admitted to record or probate, to the circuit judge of the circuit, shall be made within three

(32) 1 R. L. p. 134, § 9.

months after such decision made and entered, in the TITLE 2. manner and with the security specified in the first Title

of the sixth Chapter of the Second Part of the Revised Statutes.

§ 100. An appeal to the court of chancery may be Appeal to entered from the decision of any circuit judge, upon chancellor. such appeal from a surrogate, when no feigned issue shall have been awarded for the trial of any question of fact, within one month from the time such decision shall have been certified to the surrogate, and entered in his office.

§ 104. Appeals may be made from the orders, decrees Appeals to and sentences of surrogates, in all cases, to the court of chancellor. chancery, except where provision has been herein made

for appeals to circuit judges, and except appeals from orders concerning any admeasurement of dower. 33

§ 105. Such appeals from the decree of a surrogate, From defor the final settlement of the account of any executor, crees setadministrator or guardian, shall be made within three tling acmonths after such decree shall have been recorded.

counts.

§ 106. Such appeals from the order of a surrogate From order for the appointment of a guardian, or for his removal; appointing &c. guardi. or upon a refusal to make such removal; shall be made within six months after such order shall have been entered.

an.

§ 107. In all other cases not herein before specified, When in all and not otherwise limited by law, appeals from the or- other cases. ders, decrees and sentences of surrogates, to the court

of chancery, shall be made within thirty days after such order, decree or sentence shall have been made.33

sions in

§ 118. Appeals to the supreme court, from the orders Appeals of surrogates and the decisions of courts of common from decipleas, confirming or vacating any admeasurement of dower, shall be made within thirty days after such order or decision made, upon giving a bond as required by law. 34

ards.

§ 119. Appeals to the court of chancery, from the Ib. in case judgments, orders and determinations of the courts of of drunkcommon pleas, made upon any proceedings instituted therein, in relation to the persons and estates of habitual drunkards, must be made within three months after the making such order, determination or judgment, and upon giving the security required by law.

PART II, CHAP. I, TITLE 3.

"§ 18. A widow shall demand her dower within twenty years after the death of her husband; but if, at the time of such death,

(33) Laws of 1823, p. 63, § 3.

(34) 1 R. L. p. 61, § 10.

she be under the age of twenty-one years, or insane, or imprisoned on a criminal charge or conviction, the time during which such disability continues, shall not form any part of the said term of twenty years."

PART II, CHAP. IV, TITLE 3.

§ 3. Limits suits by the party aggrieved or his personal representatives to recover back usurious payments, to one year thereafter.

66

"§ 4. If such suit be not brought within the said one year, and prosecuted with effect, then the said sum may be sued for and recovered with costs, at any time within three years after the said one year, by any overseer of the poor of the town where such payment may have been made, or by any county superintendent of the poor of the county, in which the payment may have been made."

PART I, CHAP. XX, TITLE 8.

"S74. No prosecution shall be maintained for any of the violations [violations of the Sabbath,] specified in the preceding section, unless the same be instituted by the actual issuing of process to apprehend the offender, or by his actual appearance to answer the complaint, within twenty days next after the offence committed."

PART I, CHAP. XI, Title 3.

"§ 23. All actions against a constable or his sureties, upon any such instrument, [Constable's Bond,] shall be prosecuted within two years after the expiration of the year for which the constable named therein shall have been elected."

64

LIMITATION OF CRIMINAL PROSECUTIONS.

PART IV, CHAP. II, TITLE 4.

"§ 37. Indictments for murder may be found at any time after the death of the person killed; in all other cases, indictments shall be found and filed in the proper Court, within three years after the commission of the offence; but the time during which the defendant shall not have been an inhabitant of, or usually resident within this state, shall not constitute any part of the said limitation of three years."

A part of the 35th section of the old Constitution of the State of New York, is in the following terms:

"And this convention doth further, in the name and by the "authority of the good people of this State, ORDAIN, DE61 TERMINE AND DECLARE, That such parts of the common "law of England, and of the statute law of England and "Great Britain, and of the acts of the legislature of the colony "of New-York, as together did form the law of the said colo"ny on the nineteenth day of April, in the year of our Lord,

"one thousand seven hundred and seventy-five, shall be and con"tinue the law of this state; subject to such alterations and pro"visions as the legislature of this state shall, from time to time "make concerning the same. That such of the said acts as are "temporary, shall expire at the times limited for their duration "respectively." "And this convention doth further ordain, that the "resolves or resolutions of the congresses of the colony of New"York, and of the convention of the state of New-York, now in "force, and not repugnant to the government established by this "constitution, shall be considered as making part of the laws of "this state; subject, nevertheless, to such alterations and provi"sions, as the legislature of this state may from time to time make, "concerning the same."

And the 13th Section of Article seventh, of the amended Constitution of the same state, is as follows:

"SEC. XIII. Such parts of the common law, and of the acts of "the legislature of the colony of New-York, as together did "form the law of the said colony, on the nineteenth day of "April, one thousand seven hundred and seventy-five, and "the resolutions of the congress of the said colony, and of "the convention of the state of New-York, in force on the "twentieth day of April, one thousand seven hundred and "seventy-seven, which have not since expired, or been repealed, or altered; and such acts of the legislature of this state, as are "now in force, shall be and continue the law of this state, subject "to such alterations as the legislature shall make concerning the "same. But all such parts of the common law, and such of the "said acts or parts thereof, as are repugnant to this constitution, "are hereby abrogated."

Previous to the passage of the Act of 26th February, 1788, before mentioned,[1] no Statute of Limitations had been passed by the Legislature of the State of New York, nor any restrictions put upon the bringing of suits, excepting only, the limitation of the time for bringing writs of Error and Appeals,[2] and suits for of fences against the Habeas Corpus Act. [3] And since by the Common Law, there was no limitation of time as to the bringing of actions,[4] there could not, prior to that period, have been any limitation of suits, &c. further than they might be affected by "the Acts of the Legislature of the Colony," or such parts "of the Statute Law of England and Great Britain," as were by the above Sections of the Constitution declared to be law. The following are the only enactments on this subject, by the Colonial Legislature :

LAWS OF THE COLONY OF NEW-YORK.

"The First ASSEMBLY, Held in the third year of the Reign of

[1] Vide Ante, page 472 [2] Vide Ante, page 474. [3] Vide Ante, page 476. [4] Vide Ante, page 9, note [1].