ART. 4. ing after suit dant, the plaintiff may commence a new action against the heirs, ex- ed by injunc lege. $36. Whenever the commencement of any suit shall be stayed Suit proventby an injunction of any court of equity, the time during which such injunction shall be in force, shall not be deemed any portion of the time in this Chapter limited, for the commencement of such suit. S37. Whenever the commencement of any suit shall be prevent- Ib. by privi ed, by reason of any privilege of any member of either house of the legislature of this state, or of any member of either house of the congress of the United States, the time during which the same shall have been so prevented, shall not be deemed any portion of the time limited for the commencement of any suit for the recovery of any debt, demand, or damages only. 14 $38. No action for the recovery of any debt, demand, or damages Commenceonly, or for the recovery of any penalty or forfeiture, shall be deemed ment of ac to have been commenced within the meaning of this Chapter, unless it appear, 1. That the first process or proceeding therein was duly served upon the defendants, or some one of them: or, 2. That a capias ad respondendum was issued within the time required by law, to the sheriff of the county in which the defendants, or one of them, usually resided, or last resided, in good faith, and with intent to be actually served; and that such writ was duly returned: 3. If a corporation be defendant, that the first process was in like manner issued to the sheriff of the county, in which such corporation was located by law, or in which the place of transacting its business was situated, with the intent to be actually served; and that such process was duly returned. tions. $39. When a suit shall be alleged by a plaintiff to have been com- What defen menced within the time required by law, and such allegation shall be dant may (14) 1 R. L. p. 122, § 2. prove. AD TITLE 2. put in issue by the defendant, it shall be competent for the defendant to prove, on the trial, that the process issued by the plaintiff, was not issued with the intent, or in the manner required by law; or that it was issued to the sheriff of one county, when the plaintiff knew, or had reason to believe, that the defendant was in another county, and could have been arrested; or that any means whatever were used by the plaintiff, or his attorney, to prevent the service of the writ, or to keep the defendaut in ignorance of the issuing thereof. What pro- $40. Upon any such matter being established, or upon its appearfectual, &c. ing in any other way, that any process was issued without any intent that it should be served, such process shall not be deemed the commencement of a suit, within the meaning of any of the provisions of this Chapter. Disabilities. Two or more Limitations by other sta- Certain suits S41. No person shall avail himself of any disability enumerated in this Title, unless such disability existed at the time his right of action, or of entry, accrued. S42. Where there shall be two or more such disabilities existing at the time the right of action or of entry accrued, the limitations herein prescribed shall not attach, until all such disabilities be removed. $ 43. The provisions of this Title shall not extend to any action which is or shall be limited by any statute, to be brought within a shorter time, than is herein prescribed; but such action shall be brought within the time limited by such statute. $ 44. None of the provisions of this Chapter shall apply to suits free against directors or stockholders of any monied corporations, to recover any penalty or forfeiture imposed, or to enforce any liability created, by the second Title of the eighteenth Chapter of the First Part of the Revised Statutes; but all such suits shall be brought within six years after the discovery, by the aggrieved party, of the facts upon which such penalty or forfeiture attached, or by which such liability was created. 15 Existing rights of ac- $45. The provisions of the preceding Articles of this Title, shall not apply to any actions commenced, nor to any cases where the right of action shall have accrued, or the right of entry shall exist, before the time when this Chapter takes effect as a law; but the same shall remain subject to the laws now in force. ARTICLE FIFTH. Of the Presumption of Payment arising from the Lapse of SEC. 46. Certain former judgments, when presumed paid. 47. Future judgments when to be deemed satisfied. 48. Sealed instruments when to be deemed paid. (15) Laws of 1825, p. 419, § 2 & 3. Certain for mer judg $ 46. The presumption of payment shall apply to all judgments of ART. 6. a court of record in this state, rendered before the third day of April, one thousand eight hundred and twenty one, and to all such judgments rendered before this Chapter shall take effect as a law, in the same manner as such presumption applies to sealed instruments. ments. ments. $47. Every judgment and decree hereafter rendered in any court Future judgof this state, or of the United States, or of any other state or territory within the United States, shall be presumed to be paid and satisfied, after the expiration of twenty years from the time of the signing and filing such judgment or decree; but in any suit at law or in equity, in which the party against whom such judgment or decree was rendered, or his heirs or personal representatives, shall be a party, such presumption may be repelled by proof of payment, or of written acknowledgment of indebtedness, made within twenty years, of some part of the amount recovered by such judgment or decree; in all other cases, it shall be conclusive. struments. 348. After the expiration of twenty years from the time a right Sealed inof action shall accrue upon any sealed instrument, for the payment of money, such right shall be presumed to have been extinguished by payment; but such presumption may be repelled by proof of payment of some part, or by proof of a written acknowledgment of such right of action within that period. ARTICLE SIXTH. Of the Time of commencing Suits in Courts of Equity. SEC. 49. Certain limitations at law, to apply to chancery. 50. Not to extend to cases of exclusive equity jurisdiction. jurisdiction. $49. Whenever there is a concurrent jurisdiction in the courts of Concurrent common law, and in courts of equity, of any cause of action, the provisions of this Title limiting a time for the commencement of a suit for such cause of action, in a court of common law, shall apply to all suits hereafter to be brought for the same cause, in the court of chancery. qualified. $ 50. But the last section shall not extend to suits over the subject Last section matter of which, a court of equity has peculiar and exclusive jurisdiction, and which subject matter is not cognizable in the courts of common law. fraud. $51. Bills for relief, on the ground of fraud, shall be filed within Relief from six years after the discovery, by the aggrieved party, of the facts constituting such fraud, and not after that time. $ 52. Bills for relief, in case of the existence of a trust not cogni- All other zable by the courts of common law, and in all other cases not herein bills. TITLE 1 provided for, shall be filed within ten years after the cause thereof shall accrue, and not after. Exceptions of persons un ties. $53. But if the person entitled to file any bill specified in the two der disabili- last sections, be at the time of discovering the facts constituting such fraud, or at the time the cause for filing such bill shall accrue, under any of the disabilities in the first and second Articles of this Title enumerated, the time during which such disability shall continue, shall be excepted from the limitations contained in the two last sections, in the same manner and with the like effect, as such time is herein excepted from the limitations prescribed for commencing actions at law; and in case of the death of the person so entitled, during such disability, or before the expiration of the time herein limited for filing such bills, the same may be filed by the heirs or representatives of such person, as the case may require, within the same time as allowed in the said first and second Articles for commencing actions at law in the like cases. CHAP. V. Of Suits relating to Real Property. TITLE 1. Of the action of ejectment. TITLE 2.-Proceedings to compel the determination of claims to real property in certain cases. TITLE 3. Of the partition of lands owned by several persons. TITLE 4.-Of the writ of nuisance. TITLE 5.-Of waste. TITLE 6. Of trespass on lands. TITLE 7.-General provisions concerning actions relating to real pro perty. TITLE 8.-Proceedings to discover the death of persons, upon whose lives any particular estate may depend. TITLE I. OF THE ACTION OF EJECTMENT. Szc. 1. Action retained in the cases in which it is now allowed. 2. Other cases in which it may be brought. 3. Who to be plaintiffs in the action. 4. Who to be defendants. 5. How commenced; real claimants to be plaintiffs. 6. Fictitious parties, demises, &c. abolished. 7. Contents of declaration. 8. Premises claimed how to be described. 9. Undivided shares when claimed to be stated. 10. Interest of plaintiff to be stated. 11. Several counts and several plaintiffs may be joined. 12. Notice to be subjoined to declaration; its contents. 13. Delaration, &c. how served, when premises are occupied. SEC. 14. How served if premises are not occupied. 15. When special order of court necessary for rule to plead. 16. Rule to appear and plead, when and how entered, &c. 17. Application that attorney for plaintiff produce his authority, allowed, 18. Affidavit necessary, to found application. 19. Order of court or officer, upon application. 20. What to be evidence of such authority. 21. When application to be dismissed and defendant to pay costs. 22 & 23. Pleadings by defendant, appearance, &c. evidence under plea. 25. Right to possession sufficient without actual entry, &c. 31. Proceedings when plaintiffs' title expires before trial. 33. Form of judgment upon verdict and by default. 34. Form of writ of possession upon judgment. 35. Costs how collected on judgment against plaintiff. 36 & 37. Judgments on verdicts to be conclusive; but two new trials may be granted. 38. Effect of judgment by default; new trial thereon. 39. Exceptions of persons under certain disabilities. 40. Exception in case of death of such persons. 41. Possession how affected by recovery on new trial. 42. Rights of defendant on new trial. 43. Plaintiff recovering, to recover damages. 44. Mode of recovering such damages, by suggestion on the record. 45. Form thereof, service and proceedings. 46. Plea and defence of defendant. 47. Trial of issues and assessment of damages. 48. Facts to be established by plaintiff. 49. Set-off allowed of improvements, &c. by defendant. 50. Plaintiff not to recover for more than six years' usǝ. 51. Mode of assessing damages on default, &c. 52. Proceedings to ascertain them. 53. Judgment on verdict or inquisition; its effect. 54. Proceedings to recover mesne profits, on death of plaintiff. 55. On recovery of dower, proceedings to ascertain it. 56. Costs of admeasurement, how paid. 57. Mortgagees not to maintain ejectment. TITLE 1. Ejectment re SECTION 1. The action of ejectment is retained, and may be brought in the cases and the manner heretofore accustomed, subject tained. to the provisions herein after contained. $2. It may also be brought, 1. In the same cases in which a writ of right may now be brought by law, to recover lands, tenements or hereditaments; and by any person claiming an estate therein, in fee or for life, either as heir, devisee or purchaser : And extended to other сазев. 2. By any widow entitled to dower, or by a woman so entitled and Dower. her husband, after the expiration of six months from the time her right accrued, to recover her dower, of any lands, tenements or hereditaments. Who to be § 3. No person can recover in ejectment, unless he has at the time of commencing the action, a valid subsisting interest in the premises plaintiff claimed, and a right to recover the same, or to recover the possession |