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Passad 1849.

premises so included consist of a tract divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract.

$83. For the purpose of constituting an adverse posses- What con sion, by any person claiming a title founded upon a writ- verse pos

, un. ten instrument, or a judgment or decree, land shall be der written

or judgdeemed to have been possessed and occupied in the fol- ment. lowing 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, for the purposes of husbandry, or the ordinary use of the occupant;

4. Where a known farm or a single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not enclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.

$ 84. Where it shall appear that there has been an Premises actual continued occupation of premises, under a claim of occupied, title, exclusive of any other right, but not founded upon a title written instrument, or a judgment or decree, the premises bersely. so actually occupied and no other, shall be deemed to have been held adversely.

$ 85. For the purpose of constituting an adverse posses- What consion, by a person claiming title not founded upon a writ- verse pos ten instrument, or a judgment or decree, land shall be of idle, me

not deemed to have been possessed and occupied in the following cases only:

1. Where it has been protected by a substantial enclo


of deemed to be held ad

Passed 1049.

un der claim


Passed 1849.

sure ;

2. Where it has been usually cultivated or improved.

§ 86. Whenever the relation of landlord and tenant Relation of shall have existed between any persons, the possession of tenant, as



Passed 1849.




Passed 1849.

Certain disabilities excluded from time to commence action.

Passed 1849.

affecting the tenant shall be deemed the possession of the landlord, possession. 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. Right of

§ 87. The right of a person to the possession of any real by descend 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.

§ 88. 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, during which such disability shall continue, shall not be deemed any portion of the time in this chapter 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: but such action shall not be commenced, or entry or defence made after that period.

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Amended 1949.

Within twenty



The time of commencing actions other than for the re-

covery of real property. SECTION 89. Periods of limitation prescribed.

90. Within twenty years.
91. Within six years.
92. Within three years.
93. Within two years.
94. Within one year.
95. When cause of action accrued, in an action upon a current ac-

96. Actions for penalties, &c., by any person who will sue, when

to be brought.
97. Actions for relief, not before provided for.

98. Actions by the people, subject to the same limitation. $89. [Sec. 69.] The periods prescribed in section seventy- Periods of

limitation four for the commencement of actions other than for the prescribed. recovery of real property, shall be as follows:

$ 90. [Sec. 70.] Within twenty years :

1. An action upon a judgment or decree of any court of years. the United States, or of any state or territory within the 1849. United States.

2. An action upon a sealed instrument. § 91. Sec. 71.] Within six years :

1. An action upon a contract, obligation or liability, Amended express or implied, excepting those mentioned in section 90,

2. An action upon a liability created by statute, other than a penality or forfeiture.

3. An action for trespass upon real property.

4. An action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property.

5. An action for criminal conversation, or for any other injury to the person or rights of another, not arising on contract, and not hereinafter enumerated.

6. An action for relief, on the ground of fraud; in cases which heretofore were solely cognizable by the court of chancery; the cause of action in such case not to be

Within six


Within three years

Amended 1849.

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deemed to have accrued, until the discovery by the aggriev. ed party, of the facts constituting the fraud.

$92. [Sec. 72.] Within three years :

1. An action against a sheriff, coroner or constable, upon a liability incurred by the dọing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty; including the non-payment of money collected upon an execution. But this section shall not apply to an action for an escape.

2. An action upon a statute, for a penalty or forfeiture,. where the action is given to the party aggrieved, or to such party and the people of this state, except where the statute imposing it prescribes a different limitation.

$ 93. (Sec. 73.] Within two years :

1. An action for libel, slander, assault, battery, or false imprisonment.

2. An action upon a statute, for a forfeiture or penalty to the people of this state.

§ 94. [Sec. 74,] Within one year:

1. An action against a sheriff or other officer, for the escape of a prisoner arrested or imprisoned on civil pro

Within two years,

Within one year.


When cause of action accrued in an

action up

on a current account.

Actions for penalties,

$ 95. [Sec. 75.] In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the parties, the cause

of action shall be deemed to have accrued from the time of Amended the last item proved in the account on either side.

$96. [Sec. 76.] An action upon a statute for a penalty or &c. by any forfeiture, given in whole or in part 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 be not commenced within the year by a private party, it may be commenced within two years thereafter, in behalf of the people of this state, by the attorney-general or the district attorney of the county where the offence was committed.

person who

relief, not

$97. [Sec. 77.] An action for relief, not hereinbefore pro- Actions for vided for, must be commenced within ten years after the before procause of action shall have accrued. $98. [Sec. 78.] The limitations prescribed in this chapter Actions by

the people shall apply to actions brought in the name of the people subject to of this state or for their benefit, in the same manner as to actions by private parties.


Amended 1849.

tion deem

General Provisions as to the time of commencing Actions.
SECTION 99. When action deemed to have been commenced.

100. Exception, where defendant is out of the state.
101. Exception, as to persons under disabilities.
102. Provision where person entitled, dies before the limitation

103. In suits by aliens, time of war to be deducted.
104. Provision, where judgment has been reversed.
105. Time of stay of action by injunction or statutory prohibition

to be deducted.
106. Disability must exist when right of action accrued.
107. Where two or more disabilities, limitation does not attach,

till all removed.
108. This title, not applicable to bills, &c., of corporations, or to

bank notes.
109. Nor to actions against directors or stockholders of monied

corporations or banking associations. Limitations in such

cases prescribed. 110. Acknowledgment or new promise must be in writing. $ 99. [Sec. 79.] An action is commenced as to each de- When acfendant when the summons is served on him, or on a co-defen-ed to have

. dant, who is a joint contractor, or otherwise united in interest, menced. with him.

1849, 1851. An attempt to commence an action, is deemed equivalent to the commencement thereof, within the meaning of this title, when the summons is delivered, with the intent that it shall be actually served, to the sheriff or other officer of the county, in which the defendants, or one of them, usually or last resided ; or if a corporation be defendant, to the sheriff, or other officer of the county, in which such corporation was established by law, or where its general business was transacted, or where it kept an office for the transaction of business. But such an attempt must be followed by the first publication of the summons, or the service thereof within sixty days.

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