§ 59. 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 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.

§ 60. 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 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.

§ 61. The right of a person to the possession of any real property, shall not be impaired or affected, by a descent being cast in consequence of the death of a person in possession of such property.

§ 62. If a person entitled to commence any action for the recovery of real property, or to make an entry or defence founded on the title to real property, or to rents or services out of the same, be at the time such title shall first descend or 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 offence, for a term less than for life, or

4. A married woman;

The time, not to exceed twenty-one years, during which such disability shall continue, shall not be deemed any portion of the time in this title limited for the commencement of such action, or the making of such entry or defence; but such action may be commenced, or entry or defence 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 disability, and within twenty-one years from its commencement; but such action shall not be commenced, or entry or defence made after that period.

§ 63. The provisions contained in the first article of the chapter of the revised statutes, entitled "of actions and the times of commencing them," are repealed, and the provisions of this title substituted in their stead. This title shall not extend to actions already commenced, nor 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, without regard to the form.

TITLE VII.

Of the provisional remedies in civil actions.

§ 64. In an action for the recovery of money, against a corporation created, by, or under, the laws of any other state government or country, or against a defendant who is not a resident of this state, or against a defendant who has absconded or concealed himself as hereinafter mentioned, the plaintiff at the time of issuing the summons or at any time afterwards, may have the property of such defendant attached, in the manner hereinafter prescribed, as a security for the satisfaction of such judgment as the plaintiff may recover.

§ 65. A warrant of attachment must be obtained from a judge of the court in which the action is brought, or from a county judge.

§ 66. The attachment may be issued whenever it shall appear by affidavit, that a cause of action exists against such defendant, specifying the amount of the claim, and the grounds thereof, and that the defendant is either a foreign corporation, or not a resident of this state, or has secretly departed therefrom with intent to defraud his creditors or to avoid the service of a summons, or keeps himself concealed therein with the like intent.

§ 67. Before issuing the attachment the judge shall require a written undertaking on the part of the plaintiff, with sufficient surety, to the effect, that if the de

fendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain, by reason of the attachment, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.

§ 68. The attachment shall be directed to the sheriff of any county in which property of such defendant may be, and shall require him to attach and safely keep all the property of such defendant within his county. Several warrants may be issued at the same time to the sheriffs of different counties.

§ 69. The sheriff to whom such warrant of attachment is directed and delivered, shall proceed thereon in all respects, in the manner required of him by law in case of attachments against absent debtors, shall make and return an inventory, and shall keep the property seized by him, or the proceeds of such as shall have been sold, to answer any judgment which may be obtained in such action, and shall under the direction of the court or a judge thereof, collect, and receive into his possession all debts, credits and effects of the defendant. The sheriff may also take such legal proceedings, either in his own name or in the name of such defendant, as may be necessary for that purpose.

§ 70. If any property so seized shall be perishable, or if any part of it be claimed by any other person than

such defendant, or if any part of it consist of a vessel, or of any share or interest therein, the same proceedings shall be had in all respects as are provided by law upon attachments against absent debtors.

§ 71. The rights or shares which such defendant may have in the stock of any association, or corporation, together with the interest, and profits thereon, and all other property, in this state, of such defendant, shall be liable to be attached and levied upon and sold to satisfy the judgment and execution.

§ 72. The execution of the attachment upon any such rights, shares, or other property incapable of manual delivery to the sheriff, shall be made by leaving a copy of the warrant of attachment, with the president or other head of the association or corporation, or the secretary, cashier, or managing agent thereof, or with the individual holding such property.

§ 73. Whenever the sheriff shall with a warrant of attachment, or execution, against the defendant, apply to such officer or individual, for the purpose of attaching, or levying upon, such property, such officer or individual, shall furnish him with a certificate under his hand, designating the number of rights or shares of the defendant in the stock of such association or corporation, with any dividend, or any incumbrance thereon, or the amount and description of the property, held by such association, corporation, or individual, for the benefit of the defendant. If such officer or individual