effectual, unless the person making it, or under whose title it is made, or his ancestor, predecessor, or grantor, was seized or possessed of the premises in question, within twenty years before the committing of the act, with respect to which it is made. § 367. An entry upon real property is not sufficient or valid as a claim, unless an action is commenced thereupon, within one year after the making thereof, and within twenty years after the time, when the right to make it descended or accrued. § 368. In an action to recover real property, or the pos27 Hun, 162. session thereof, the person who establishes a legal title to the premises is presumed to have been possessed thereof, within the time required by law; and the occupation of the premises, by another person, is deemed to have been under and in subordination to the legal title, unless the premises have been held and possessed adversely to the legal title, for twenty years before the commencement of the action. 49 Super. Ct. (J. & S.)168. § 369. Where the occupant, or those under whom he claims, entered into the possession of the premises, under claim of title, exclusive of any other right, founding the claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court; and there has been a continued occupation and possession of the premises, included in the instrument, decree, or judgment, or of some part thereof, for twenty years, under the same claim; the premises so included are deemed to have been held adversely; except that where they consist of a tract, divided into lots, the possession of one lot is not deemed a possession of any other lot. § 370. For the purpose of constituting an adverse possession, by a person claiming a title, founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in either of the following cases: 1. Where it has been usually cultivated or improved. 2. Where it has been protected by a substantial inclosure. 3. Where, although not inclosed, it has been used for the supply of fuel, or of fencing timber, either for the purposes husbandry, or for the ordinary use of the occupant. of Where a known farm or a single lot has been partly im proved, the portion of the farm or lot that has been left not cleared, or not inclosed, according to the usual course and custom of the adjoining country, is deemed to have been oc cupied for the same length of time, as the part improved and cultivated. § 371. Where there has been an actual continued occupa116 N. Y. 34. tion of premises, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or a judg ment or decree, the premises so actually occupied, and no others, are deemed to have been held adversely. $372. For the purpose of constituting an adverse pos116 N. Y. 34. session, by a person claiming title, not founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in either of the following cases. and no others: '15 N.Y. 570. 1. Where it has been protected by a substantial inclosure. 2. Where it has been usually cultivated or improved. § 373. Where the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord, until the expiration of twenty years after the termination of the tenancy; or, where there has been no written lease, until the expiration of twenty years after the last payment of rent; notwithstanding that the tenant has acquired another title, or has claimed to hold adversely to his landlord. But this presumption shall not be made, after the periods prescribed in this section. § 374. The right of a person to the possession of real property is not impaired or affected, by a descent being cast, in consequence of the death of a person in possession of the property. 19 Hun, 184; 26 Id. 173. § 375. If a person, who might maintain an action to recover real property, or the possession thereof, or make an entry, or interpose a defence or counterclaim, founded on the 95 N. Y. 617. title to real property, or to rents or services out of the same, is, when his title first descends, or his cause of action or right of entry first accrues, 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; The time of such a disability is not a part of the time, limited in this title, for commencing the action, or making the entry, or interposing the defence or counterclaim; except that the time so limited cannot be extended more than ten years, after the disability ceases, or after the death of the person so disabled. TITLE II. Actions other than for the recovery of real property. ? 376. When satisfaction of judg ment presumed. 377. Effect of return of execu- 378. How presumption raised. 386. When cause of action ac- 387. Action for penalty, etc., by any person who will sue. 388. Actions not before provided for. tions. 2390. Action against a non-resi- 391. When person liable, etc., 393. No limitation or action on 394. Action against directors, 395. Acknowledgment or new 396. Exceptions, as to persons 389. Actions by the people subject to the same limita§ 376. [Am'd 1877.] A final judgment or decree for a sum of money, or directing the payment of a sum of money, heretofore rendered in a surrogate's court of the State, or heretofore or hereafter rendered, in a court of record within the United States, or elsewhere, is presumed to be paid and satisfied, after the expiration of twenty years from the time, when the party recovering it was first entitled to a mandaté to enforce it. This presumption is conclusive; except as against a person, who, within twenty years from that time, 25 Hun, 237. 9 Abb. N. C. 315. 107 N. Y. 104. 53 Hun, 611. 121 N.Y. 626. V 26 Hun, 173. 26 Hun, 173. 116 N. Y. 351. 134 N.Y. 139. 102 N. Y. 423. 23 Abb. N. C. 479. 31 Hun, 129, 48 N. Y. Super. Ct. (J. & S.) 211. 37 Hun, 397. 62 How. Pr. 255. 41 Hun, 600; 53 N.Y. Sup 87 N. Y. 87. Id. 160, affg. 9 Daly, 279. 48 N. Y. Super. Ct. (J. & 8.) 454. 9 N. Y. State Rep. 701. makes a payment or acknowledges an indebtedness of some part of the amount recovered by the judgment or decree; or his heir or personal representative; or a person whom he otherwise represents. Such an acknowledgment must be in writing, and signed by the person to be charged thereby. § 377. If the proof of payment, under the last section, consists of the return of an execution partly satisfied, the adverse party may show, in full avoidance of the effect thereof, that the alleged partial satisfaction did not proceed from a payment made, or a sale of property claimed, by him, or by a person whom he represents. § 378. A person may avail himself of the presumption created by the last section but one, under an allegation that the action was not commenced, or that the proceeding was not taken, within the time therein limited. $379. An action to redeem real property from a mortgage, with or without an account of rents and profits, may be maintained by the mortgagor, on those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises, for twenty years after the breach of a condition of the mortgage, or the non-fulfillment of a covenant therein contained. § 380. The following actions must be commenced within the following periods, after the cause of action has accrued. § 381. [Am'd 1877.] Within twenty years: An action upon a sealed instrument. But where the action is brought for breach of a covenant of seizin, or against incumbrances, the cause of action is for the purposes of this section only, deemed to have accrued upon an eviction, and not before. § 382. [Am'd 1877.] Within six years: aff'd in 102 N. Y. 494; 13 Abb. N. C. 413; 42 Hun, 628; 115 N. Y. 80; 31 N. Y. State Rep. 17; 123 N. Y. 152, 134 N. Y. 139. 1. An action upon a contract obligation or liability, express or implied; except a judgment or sealed instrument. 9 N. Y. State Rep. 716. 2. An action to recover upon a liability created by statute: except a penalty or forfeiture. 3. An action to recover damages for an injury to property, or a personal injury; except in a case where a different period expressly prescribed in this chapter. er, Ct. (J. & S.) 331. 4. An action to recover a chattel. 5. An action to procurc a judgment, other than for a sum of money, on the ground of fraud, in a case which, on the thirty-first day of December, eighteen hundred and forty-six, was cognizable by the court of chancery. The cause of action. in such a case, is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts constituting the fraud. N. Y. Supp. 4; 25 N. Y. State Rep. 575; 26 Id. 714; 116 N.Y.351. 6. An action to establish a will. Where the will has been lost, concealed, or destroyed, the cause of action is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts upon which its validity depends. 7. An action upon a judgment or decree, rendered in a court not of record, except a decree heretofore rendered in a surrogate's court of the State. The cause of action, in such a case, is deemed to have accrued, when final judgment is rendered. § 383. [Am'd 1877.] Within three years: 1. An action against a sheriff, coroner, constable, or other officer, for the non-payment of money collected upon an execution. 2. An action against a constable, upon any other liability incurred by him, by doing an act in his official capacity, or by the omission of an official duty; except an escape. 3. An action upon a statute, for a penalty or forfeiture, where the action is given to the person aggrieved, or to that person and the people of the State; except where the statute imposing it prescribes a different limitation. 4. An action against an executor, administrator, or receiver, or against the trustee of an insolvent debtor, appointed, as prescribed by law, in a special proceeding, instituted in a court or before a judge, brought to recover a chattel, or damages for taking, detaining, or injuring personal property, by the defendant, or the person whom he represents. 5. An action to recover damages for a personal injury, resulting from negligence. (J. & S.) 44; 109 N.Y. 311, aff'g, 35 Hun, 44; 112 N.Y. 559, rev'g 14 Civ. Pro. 248; 13 Week. Dig. 418. § 384. Within two years: 1. An action to recover damages for libel, slander, assault, battery, or false imprisonment. 2. An action upon a statute, for a forfeiture or penalty to the people of the State. § 385. Within one year: 1. An action against a sheriff or coroner, upon a liability incurred by him, by doing an act in his official capacity, or by the omission of an official duty; except the non-payment of money collected upon an execution. 2. An action against any other officer, for the escape of a prisoner, arrested or imprisoned by virtue of a civil mandate. § 386. In an action brought to recover a balance due 2 Dem. 630. upon a mutual, open, and current account, where there have 7 Civ. Pro. been reciprocal demands between the parties, the cause of 282. action is deemed to have accrued from the time of the last item, proved in the account on either side. § 387. An action upon a statute for a penalty or forfeiture, given wholly or partly to any person who will prosecute for the same, must be commenced within one year after the commission of the offence; and if the action is not commenced within the year by a private person, it may be commenced within two years thereafter, in behalf of the people of the State by the Attorney-General, or the districtattorney of the county where the offence was committed. § 388. An action, the limitation of which is not specially 14 Abb. N. prescribed in this or the last title, must be commenced within ten years after the cause of action accrues. rev'g 36 Hun, 100; 16 N. Y. State Rep. 46; 51 Hun, 511; 53 Id. 611; 25 N. Y. State Rep. 641 133 N. Y. 512. C. 13. 67 N. Y. 185. 8 Id. 455. § 389. The limitations, prescribed in this title, apply alike to actions brought in the name of the people of the State, or for their benefit, and to actions by private persons. § 390. Where a cause of action, which does not involve the title to or possession of real property within the State, accrues against a person, who is not then a resident of the State, an action cannot be brought thereon in a court of the State, against him or his personal representative, after the expiration of the time, limited, by the laws of his residence, for bringing a like action, except by a resident of the State, and in one of the following cases: 1. Where the cause of action originally accrued in favor of a resident of the State. 2. Where, before the expiration of the time so limited, the person, in whose favor it originally accrued, was or became a resident of the State; or the cause of action was assigned to, and thereafter continuously owned by, a resident of the State. § 391. [Am'd 1877.] If a person, against whom a cause of 1 Hun, 344; action exists, dies without the State, the time which elapses between his death, and the expiration of eighteen months after the issuing, within the State, of letters testamentary or letters of administration, is not a part of the time limited for the commencement of an action therefor, against his executor or administrator. § 392. [Am'd 1877.] For the purpose of computing the 2 City Ct. 26. time, within which an action must be commenced in a court of the State, by an executor or administrator, to recover personal property, taken after the death of a testator or intestate, and before the issuing of letters testamentary or letters of administration; or to recover damages for taking, detaining, or injuring personal property within the same period; the letters are deemed to have been issued, within six years after the death of the testator or intestate. But where an action is barred by this section, any of the next of kin, legatees, or creditors, who, at the time of the transaction upon which it might have been founded, was within the age of twenty-one years, or insane, or imprisoned on a criminal charge, may, within five years after the cessation of such a disbility, maintain an action to recover damages by reason thereof; in which he may recover such sum, or the value of such property, as he would have received upon the final distribution of the estate, if an action had been seasonably commenced by the executor or administrator. 28 Hun, 16. 2 Dem. 29. 107 N. Y. 346. 4 N. Y. Supp. 896, rev'g 11 § 393. This chapter does not affect an action to enforce the payment of a bill, note, or other evidence of debt, issued by a moneyed corporation, or issued or put in circulation as money. § 394. [Am'd 1877.] This chapter does not affect an action against a director or stockholder of a moneyed corporation, or banking association, to recover a penalty or forfeit ure imposed, or to enforce a liability created by law; but such an action must be brought within three years after the cause of action has accrued. §395. An acknowledgement or promise, contained in a writing signed by the party to be charged thereby, is the only competent evidence of a new or continuing contract, whereby to take a case out of the operation of this title. But this sec |