and are to be held at such times and places and shall continue so long as the appellate division deems proper.

In effect June 26, 1895; L. 1895, ch. 946.

§ 226. [Amended, 1895.] Appointment to be published. An appointment of a term or terms of an appellate division must be made and filed in the office of the secretary of State at least thirty days before the commencement of such term or terms. The secretary of State must immediately publish a copy thereof in the newspaper printed in Albany in which legal notices are required to be published at least once in each week for four successive weeks. The expenses of publication are to be paid out of the treasury of the State.

In effect June 26, 1895; L. 1895, ch. 946.

$227. [Repealed Jan. 1, 1896; L. 1895, ch. 946.]

$228. [Amended, 1895.] When associate justice to preside.-If the presiding justice is not present at the sitting of the appellate division, the associate justice residing in the department having served the longest time as such, or, if two are present who have served the same length of time, the elder of them must act as presiding justice until a presiding justice attends. In effect, as amended, Jan. 1, 1896; L. 1895, ch. 946.

§ 229. [Stricken out by amendment of 1877; also repealed by L. 1895, ch. 946.]

§ 230. [Amended, 1895.] Number of justices necessary for a decision. — In each department four of the justices of the appellate division of the supreme court shall constitute a quorum, and the concurrence of three justices is necessary to pronounce a decision. No more than five justices shall sit in any case. If three

do not concur in a decision, a reargument must be ordered.

In effect Jan. 1, 1896; L. 1895, ch. 946.

§ 231. [Amended, 1895.] Reargument, et cetera, when cause to be heard in another department. Where in any case four justices of the appellate division in any department are not qualified to sit therein or where the justices qualified to hear the appeal are equally divided, the court must direct the same to be sent to another department to be specified in the order to be there heard and determined.

In effect Jan. 1, 1896; L. 1895, ch. 916.

232. [Amended, 1895.] Appointments of special and trial terms.- The justices of the appellate division in each department may fix the times and places for holding special and trial terms therein, and assign the justices of the departments to hold such terms, or make rules therefor. If said justices of the appellate division in any department shall not have fixed the times and places for holding said special and trial terms, or shall not have assigned the justices to hold such terms, or shall not have made rules therefor, before the first day of December, in the year eighteen hundred and ninety-five, and in every second year thereafter, the justices of the supreme court for such judicial department, or a majority of them not designated as justices of the appellate division, must, between the first and fifteenth days of December in each of said years, appoint the times and places for holding the trial and special terms of the supreme court within their department, for two years from the first day of January of the year next following; if for any reason such an appointment is not made before the expiration of the time so specified, it must be made at the earliest convenient time thereafter. At least one special term and two trial terms must be appointed to be held in each year in each county separately organized. Fulton and Hamilton counties shall be deemed one county for the purposes of this section. Two or more trial terms may be appointed to be held and may be held at the same time in the city and county of New York. A trial term may be held in two or more parts whenever, in the opinion of the justice assigned to hold the term, the business to be done shall require it. The rules made by the justices of an appellate division for fixing the times and places for holding special and trial terms, and for assigning the justices to hold such terms, must be signed by the justices making them, and immediately filed in the office of the secretary of State; and a duplicate thereof must also be filed in the office of the clerk of such appellate division, who must immediately transmit a copy thereof, certified by him, to each of the justices of the supreme court in such department not designated as a justice of an appellate division. The justices of the appellate division of each department are hereby authorized to adopt and procure an official seal,

with suitable devices and inscription. A description of such seal, with an impression thereof, shall be filed in the office of the secretary of State. The expense of procuring such seal shall be a charge against the State, and shall be paid by the State treasurer upon the audit and warrant of the comptroller.

In effect April 23, 1895; L. 1895, ch. 376; superseding amendment in ch. 946; see ch. 946, § 4.

$233. Publication of appointments.- An appointment so made must be signed by the justices making it, and immediately filed in the office of the secretary of State, who must publish a copy thereof in the newspaper, printed at Albany, in which legal notices are required to be published, at least once in each week, for three successive weeks before the holding of a term in pursuance thereof. The expense of the publication is payable out of the treasury of the State.

Co. Proc., 25.

§ 234. [Amended, 1895.] Governor may appoint extraordinary terms; justices to hold them. The governor may, when, in his opinion, the public interest so requires, appoint one or more extraordinary terms of the appellate division of the supreme court in any department, or of the special or trial terms of the supreme court. He must designate the time and place of holding the same, and name the justice who shall hold or preside at such term, except of the appellate division; and he must give notice of the appointment, in such manner as, in his judgment, the public interest requires.

In effect Jan. 1, 1896; L. 1895, ch. 946.

235. [Amended, 1895.] General powers and duties of justices.-Any justice of the supreme court has power to hold a special or trial term of the supreme court for the whole or any portion of the term; and to act upon any business, which regularly comes before the term in which he is sitting, except where he is personally disqualified from sitting, in a particular action or special proceeding. Each justice must, at all reasonable times, when not engaged in holding court, transact such judicial business as may be done out of court. In effect Jan. 1, 1896; L. 1895, ch. 946.

rapher 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 counties of Livingston and Onondaga must be audited, allowed and paid as other county charges; and in the counties of 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 may 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 shall 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, in equal monthly installments, on the certificate of said judge that the services have been actually performed or the expenses necessarily incurred. Said stenographer shall also report and transcribe opinions for the county judge, as well as special proceedings where a stenographer is required, without additional compensation.

In effect Jan. 1, 1896; L. 1895, ch. 946.

CHAPTER IV.

LIMITATION OF THE TIME OF ENFORCING A CIVIL REMEDY.

TITLE I. ACTIONS FOR THE RECOVERY OF REAL

PROPERTY.

TITLE II.- ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY.

TITLE III.- GENERAL PROVISIONS.

TITLE I

Actions for the recovery of real property.

SEC. 362. When the people will not sue.

363. Action by grantee from the State.

364. Action after annulling letters patent.

365, 366. Seizin within twenty years, when necessary, etc.

367. Action after entry.

368. Possession, when presumed; occupation presumed to be un

der legal title.

369. Adverse possession under written instrument or judgment. 370. Id.; what constitutes it.

371. Adverse possession under claim of title not written.

372. Id.; what constitutes it.

373. Relation of landlord and tenant, as affecting adverse possession.

374. Right not affected by descent cast.

375. Certain disabilities excluded from time to commence action.

362. When the people will not sue.The people of the State will not sue a person for or 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.

Co. Proc., 75, am'd. People v. Van Rensselaer, 8 Barb. 189; People v. Livingston, id. 254; People v. Arnold, 4 N. Y. 508; People v. Gilbert, 18 Johns. 227; United States v. White, 2 Hill, 59; People v. Trinity Church, 22 N. Y. 44.