this Article; that he believes he can establish such defence by the ART. 3. testimony of the plaintiff, and that such plaintiff resides within this state.20 order, &c. plaintiff's $79. Such order shall be served on the plaintiff or his attorney, at the time of serving a plea, tendering an issue in the cause; and it shall be the duty of the plaintiff to attend the trial pursuant to such order, to be examined as above provided. For such attendance the plaintiff shall be entitled to the like fees as are allowed to a witness. 20 $80. In case such plaintiff shall not attend such trial, he shall, on Effect of proof of the due service of the order, be non-suited in such action, not attendunless such failure to attend shall be accounted for to the satisfaction of the court, in which case the court may postpone the trial until its next sitting, on payment by the plaintiff of the costs of the defendant in preparing for trial, and on such plaintiff's entering into a stipulation to try the said cause at the next sitting of such court, and then to attend such trial. And if such plaintiff shall not then attend, he shall be non-suited in such action.20 ing. tiff to be non $81. If any such plaintiff so required to be examined, or if any When plain other person being interested in the recovery of the suit, shall refuse suited. to answer, on oath, such questions as shall be pertinent to show a violation of the provisions of this Article; or if, on such examination, it shall appear that the cause of action, on which such suit is founded, has been bought or procured, contrary to the true intent of the provisions of this Article, the plaintiff in such action shall be nonsuited.20 mony not $82. No evidence derived from the examination of any such at- When testitorney, solicitor or counsellor, shall be admitted in proof, on any evidence. criminal prosecution against him, for violating any of the provisions of this Article.20 &c. to be attend courts. $83. It shall be the duty of the sheriff of each county in this state, Constables within a reasonable time before the sitting of any circuit court, sit- summoned to tings, court of oyer and terminer, court of common pleas or court of general sessions, to summon personally so many marshals or constables of his county, as he may have been directed to summon, by the court or the presiding judge thereof, to appear and attend upon the said court during its sitting.21 $84. If no direction shall have been given by such court or its [b. presiding judge, the sheriff shall, in like manner, summon so many marshals or constables, as he may deem necessary for the purposes above mentioned. 21 not attend $85. Every marshal or constable so summoned shall attend the Penalty for sitting of such court, upon pain of being fined for every day's neglect ing. a sum not exceeding five dollars.21 VOL. II. (20) Laws of 1818, p. 278, § 2. (21) Laws of 1819, p. 31, § 1 to arrest. TITLE 2. $86. All officers of the several courts of record, shall be liable to Liability of arrest, on any process against the body, and may be held to bail, in officers, &c. the same manner as other persons, except during the actual sitting of any court of which they are officers; and when sued with any other person, such officers shall be liable to arrest, and may be held to bail as other persons, during the sitting of the court of which they are officers; but no attorney or counsellor or solicitor, shall be exempt from arrest during the sitting of the court of which he is an officer, unless he shall be employed in some cause pending and then to be heard in such court.22 Places of holding changed. ARTICLE FOURTH. Miscellaneous Provisions concerning Courts of Record. SEC. 87. Cases in which governor may change places of holding courts. 88. How directed; to be recorded and published. 89. Places of holding courts in New-York, how changed. 90. Proclamation to be published. 91. Process to be returned, &c. at place so appointed. 92. Such courts how adjourned for want of quorum. 93. When courts may be held at other place than court-house. 94. Such place to be deemed court-house, &c. 95. Spirituous liquors not to be sold in court-house. 96. Penalty for violating last section. $87. The governor may, at any time during the vacation of any courts, how court of record, other than such as shall have been appointed to be held in the city of New-York, if he shall deem it requisite, by reason of war, pestilence, or other public calamity, or the danger thereof, that the next ensuing term or session of any such court, shall be held at a different place from that where such term or session is required to be held by law, appoint such different place for the holding of such court or session, as he shall deem expedient; and at any time thereafter he may revoke such appointment, and appoint a place anew, or leave such term or session to be held at the place where it would have been held by law. 23 $88. Every such appointment or revocation, shall be by writing under the hand of the governor; and shall be recorded in the office of the secretary of this state. It shall also be published in such and so many newspapers as the governor shall direct; and the expense of such publication shall be paid out of the treasury.23 How directed, &c. Jb. in New- ib. $89. The mayor of the city of New-York, or in his absence, the recorder thereof, may, by proclamation under his hand and seal, direct that the term of any court appointed to be held in the city-hall of that city, shall be held in any place or places within the city and county of New-York, other than the city-hall, whenever war, pestilence, or other public calamity, or the destruction or injury of the city-ball, shall render it necessary that some other place should be selected.24 $90. Every such proclamation shall be published in two or more daily papers printed in the city of New-York.24 (22) 1 R. L. p. 418, § 12. (23) Ib. 321, § 16. (24) 2 R. L. p. 504, § 12. $91. Whenever such term or session shall be held at any place TITLE 1. so appointed by the governor, or by the mayor or recorder of the city Return of of New-York, all process shall be returned, and all persons shall be process, &c. held to appear at such place, as if such term or session was held at the place where by law the same was to have been held.25 of such courts. $92. In case any court shall not be formed at the place so appoint- Adjournment ed, by five o'clock in the afternoon of the first day of the term or session, the same may be adjourned to the next day, by the same officer, and in like manner and with the same effect, as provided by law, in case the place of holding such court had not been altered.25 holding Court-house &c. $93. Whenever the court-house, or place of holding courts, in any place of county of this state, shall be destroyed by fire or other means, or courts when shall, from any cause, be unsafe, inconvenient, or unfit for the hold- destroyed ing of any court, the judges of the county courts of such county may appoint some other convenient building in the vicinity of that, where the court is required to be held by law, as a temporary place for holding such court.26 $94. The place so appointed shall be deemed the court-house of tb. the county for the time being; and all business which shall be transacted at such place, shall be as valid as if the same were done at the usual and customary place.2 26 liquors in court house. $95. No spirituous liquor shall, on any pretence whatever, be sale of sold within any building established as a court-house for the holding of courts of record, while any such court, or any circuit court, shall be sitting therein; except in such part of such building not appropriated to the use of courts, or of juries attending them, in which such sale shall have been authorised by a resolution of the board of supervisors of the county. $96. Every person violating the provisions of the last section, Penalty. shall be deemed guilty of a misdemeanor. CHAP. IV. Of Actions, and the Times of commencing them. TITLE 1.-Of actions, and their general divisions. TITLE I. OF ACTIONS, AND THEIR GENERAL DIVISIONS. Szc. 1. Actions enumerated, included in this Chapter. 2. Right of action not merged by any felony. (25) 2 R L. p. 504, § 12. (26) Ib. p. 146, § 5. TITLE 2. Actions in cluded in this Chapter. Felony not to merge actions. SECTION 1. The actions included within the provisions of this Chapter, are, either, 1. Such as relate to real estate : 2. Those which may be brought for the recovery of any debt or demand, or for the recovery of damages only: 3. Those which may be brought for penalties or forfeitures: $ 2. The right of action of any person injured by any felony, shall not, in any case, be merged in such felony, or be in any manner affected thereby.1 Suits relating to real estate ple. TITLE II. OF THE TIME OF COMMENCING ACTIONS. ART. 1. Of the time of commencing actions relating to real property. ART. 2.-Of the time of commencing actions for the recovery of any debt or demand, or ART. 3. Of the time of commencing actions for penalties and forfeitures. ARTICLE FIRST. Of the Time of commencing Actions relating to Real Property. SEC. 1. Limitations of certain suits by the people. 2. Last section not to extend to suits for franchises, &c. 3. Grantees of lands by patents, when to sue. 4. Suits when to be brought after patents declared void. 5. Limitation of private suits for real property. 6. Also of avowries and cognizances. 7. What necessary to render entry on lands a claim. 8. Owner of land deemed to be possessed unless adverse possession, &c. 9. What premises deemed adversely held under written title. 10. Acts which in such case, constitute adverse possession. 11. What premises deemed adversely held without claim of title. 12. Acts which in such case constitute adverse possession. 13. Possession of tenant when to be that of landlord. 14. Limitation of scire facias on former fines. 15. Casting of descent not to affect right to land. 16. Exceptions of persons under certain disabilities. $1. The people of this state will not sue or implead any person by the peo- for, or in respect to, any lands, tenements or hereditaments, or for the issues or profits thereof, by reason of any right or title of the said people to the same, unless, 1. Such right or title shall have accrued within twenty years before any suit, or other proceeding, for the same shall be commenced: or unless, (1) 1 R. L. p. 499, § 20. 2. The said people, or those from whom they claim, shall have received the rents and profits of such real estate, or of some part thereof, within the said space of twenty years.2 ART. 1. S2. The last preceding section shall not extend to any suit or pro- Last section secution for, or in respect to, any liberties or franchises.2 qualified. the state. patents de 3. No action shall be brought for, or in respect to, any lands, Grantees of tenements or hereditaments, by any person claiming by virtue of any letters patent, or grants from the people of this state, unless the same might have been commenced by the people of this state, as herein specified, in case such patent or grant had not been issued or made.2 $4. When letters patent, or grants, of any lands or tenements, Suits after shall have been issued or made by the people of this state, and the clared void. same shall be declared void by the judgment or decree of some competent court, rendered upon a suggestion of concealment, or wrongful detaining, or defective title, in such case, an action for the recovery of the premises so conveyed, may be brought, either by the people of this state, or by any subsequent patentee or grantee of the same premises, his heirs or assigns, within twenty years after such judgment or decree was rendered; but not after that period.2 for real pro porty. $5. No action for the recovery of any lands, tenements or here- Private suits ditaments, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor or grantor, was seised or possessed of the premises in question, within twenty years before the commencement of such action.3 and cogniz ances. $ 6. No avowry or cognizance of title to real estate, or to any Avowries rents or services, shall be valid, unless it that the person maappear king the avowry, or the person in whose right the cognizance is made, or the ancestor, predecessor or grantor of such person, was seised or possessed of the premises in question, within twenty years before the committing the act, in defence of which such avowry or cognizance is made.3 land, when land deemed 37. No entry upon real estate shall be deemed sufficient or valid Entry on as a claim, unless an action be commenced thereupon within one valid. year after the making of such entry and within twenty years from the time when the right to make such entry, descended or accrued.* $8. In every action for the recovery of real estate, or the pos- Owner of session thereof, the person establishing a legal title to the premises, possessed. shall be presumed to have been possessed thereof, within the time required by law; and the occupation of such premises by any other person, shall be deemed to have been under, and in subordination to, the legal title, unless it appear that such premises have been held and possessed adversely to such legal title, for twenty years before the commencement of such action. (2) 1 R. L. p. 184, § 1. (3) Ib. § 2. (4) Ib. § 3. |