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§ 184. But if the defendant, at the time of the judgment, be either

1. Within the age of twenty-one years: 2. Insane : or,

3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than life, the time during which such disability shall continue, shall not be deemed any portion of the six months. And if such person shall die under the disability, or before the expiration of six months after it shall cease, the heirs or representatives who may succeed to his rights, may make the application within six months after his death.

§ 185. In an action to recover, for the use, rents, or profits of real property, against a tenant who held possessiou in good faith, under color of title, adversely to the claim of the plaintiff, permanent improvements, made by such tenant, may be set off against the rents, issues and profits. The recovery of such rents, issues and profits, shall be for the period of actual occupancy, not exceeding six years next before the commencement of the action.

§ 186. In an action to recover real property, as the dower of a widow, which shall not have been admeasured to her, if judgment of recovery be given, the court shall, at the time of giving judgment, appoint one or more referees to admeasure and set off the same. Such referees shall proceed in the same manner, and be

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suhject to the same obligations and control, as commissioners appointed pursuant to title 7, of chapter 8, of the third part of the revised statutes. The referees shall be appointed, and their report reviewed, in the same manner, as in other actions.

$ 187. Every person, who shall cut down, or carry off, any wood or underwood, tree or timber, or shall girdle, or otherwise injure, any tree, timber or shrub on the land of another person, or on the street or highway, in front of any person's house, village or city lot, or cultivated grounds, or on the land or commons or public grounds, of any city or town, or on the street or highway, in front of any such land or commons or public grounds, without lawful authority, shall pay to the owner of such land, or to such city or town, treble the amount of damages, which shall be assessed therefor, in a civil action, in any court having jurisdiction.

§ 188. If, upon the trial of any such action, it shall appear, that the trespass was casual or involuntary, or that the defendant had probable cause to believe, that the land, on which the trespass was committed, was his own, or that of the person in whose service, or by whose direction, the act was done, judgment shall be given, for only the single damages assessed in the action.

$ 189. Nothing in the last two sections shall authorise the recovery of more than the just value of timber, taken from uncultivated wood land, for the repair of a public highway or bridge thereupon or adjoining thereto.

§ 190. If a person be put out of any lands or tenements, in a forcible manner, without lawful authority, or, being so put out, be afterwards kept out by force, he shall be entitled to recover treble damages assessed therefor.

§ 191. A mortgage on real property shall not be deemed a conveyance, so as to enable the owner of the mortgage, to recover possession of the real property without a foreclosure.


Provisions relating to existing suits.

§ 192. An appeal, may be taken from any final decree, entered upon the direction of a single judge, in any suit in equity, pending in the supreme court on the first day of July, 1847, within thirty days from the time this act shall take effect; but this section shall not apply to cases, where a re-hearing has already been had, and such appeal shall be taken in the manner provided in section 275 and 297, of the code of procedure.

$ 193. The appeal, mentioned in section 9, of the act to facilitate the determination of existing suits in the courts of this state, may also be taken, from an order, made at a special term, on a summary application in an action after judgment, when such order involves the merits of the application, or some part thereof.


§ 194. No writ of error shall be hereafter issued, any case whatever. Wherever a right now exists to have a review of a judgment rendered, or order or decree made before the first day of July last, such review can only be had upon an appeal taken in the manner provided by the code of procedure. But this section shall not extend the right of review, to any case or question to which it does not now extend, nor the time for appealing, nor shall it apply to a case where a writ of error has been already issued.

§ 195. An execution may be issued without leave of the court upon a judgment docketed before the first day of July, 1848, or now or hereafter to be rendered in an action pending on that day, at any time within five years after the rendering of the judgment.

§ 196. The proceeding by re-hearing, provided for in the act in relation to the judiciary, passed May 12, 1847, and modified in sections 7 and 8 of the act to facilitate the determination of existing suits in the courts of this state, passed April 12, 1848, is hereby abrogated, so far as it relates to the appeals provided for in this section.


Of Special Proceedings.

TITLE I, Of State writs.
II. Of the order for the production of a person to testify, or to answer in

certain cases.


Of State writs,

§ 197. The writs, known in the English law as prerogative writs, so far as they are recognized by the law of this state, shall be denominated state writs. They are issued out of the supreme court, at the instance of the state, sometimes on behalf of private persons, for the protection of private rights, and sometimes for

purposes of state.

$ 198. When issued on behalf of a private person, such person shall be named as a party in the proceedings jointly with the people.

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