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appoint the times and place for nading terms terms, for the tri. of issues if i▼ E ČLA ES & Lyme, in each year. East term my entire as joe is the HOUS necessary. The roty judge me, a new romanes appointed for boudiar a term or unpoint une or more adnota tens d dispense with the booting of a sem vinn feng at the teen de terms theretofore appointed to be beid But ten must be held at the place designated by stamme for that PLODINE. ELISHIG than the stunty judge may, from time to time adjourn a term to any place vilt de guiar, the the hearing and decision of motions and appeals, m. was and aber peo ceedings without a jury; and MIT COCA IS proper to be held, either at the court house or disewhere in the county, for the same purpose.

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§356. Each appointment, made as prescribed in the last section, must be filed in the county clerk's office, and a copy thereof published, at least once in each week, for three successive weeks before a term is held, changed, or dispensed with, by virtue thereof, in the newspaper in the city of Albany, in which legal notices are required to be published, and also in at least one newspaper, published in the county, and as many additional newspapers, published therein, as the county judge prescribes. The expense of the publication is a county charge.

§ 357. Jurors for the terms of the county court, at which issues of fact are triable by jury, and of the court of sessions, must be drawn and notified in the same manner as for a term of the circuit court.

$358. [am' 1883] The board of supervisors of any county, except Kings, Livingston, Monroe, Cortland, Oswego, Westchester and Onondaga, may, in their discretion, provide for the employment of a stenographer for the county court and court of sessions thereof, and when said board of supervisors shall so provide, the stenographer shall be appointed by the presiding judge of said courts, and said board of supervisors must fix his compensation, and provide for the payment thereof, in the same manner is other county expenses are paid.

359. [am'd 1877.] The county judge of the county of Kings, from

time to time, must appoint, and may at pleasure remove, a stenographer, to be attached to the county court and the court of sessions of the county of Kings; who is entitled to a salary, fixed and to be paid as prescribed by law. He must attend each trial of an issue of fact in the county court or court of sessions. The stenographer, appointed as prescribed in this section, may, with the consent of the county judge, appoint an assistant stenographer, to aid him in the discharge of his duties, whose compensation shall be paid by the stenographer, and is not a county charge.

$ 360. [am'd 1877.] The county judge and the surrogate of the county of Kings, from time to time, must appoint, and may at pleasure remove, an interpreter, to be attached to the county court, the court of sessions, and the surrogate's court of the county of Kings. Before entering upon the discharge of his duties, he must file in the county clerk's office the constitutional oath of office, and an additional oath, which may be incorporated into the constitutional oath, to the effect that he will fully and correctly interpret and translate each question propounded to a witness, and each answer thereto.

§ 361. [am'd 1878, 1883, 1886.] The judge holding, or presiding, at a term of the county court or court of sessions in either of the counties of Livingston, Niagara, Monroe, Onondaga, Erie or Oswego, where issues of fact are triable, may employ a stenographer 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, Erie and Oswego 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.

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.

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362. The people of the State will not sue a person for or with respect to real property, on 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 reute and profits of the real property, or of some part thereof, within at Dis period of time.

§363. An action shall not be brought for or with respect to real prop erty, by a person claiming by virtue of letters patent or a grant, from the people of the State, unless it might have been maintained by the peope, as prescribed in this title, if the patent or grant had not been troued or made.

$364. Where letters patent or a grant of real property, issued or made by the people of the State, are declared void by the determination of a competent court, rendered upon an allegation of a fraudulent suppresioni or concealment, or of a forfeiture, or mistake, or ignorance of a meteral fact, or wrongful detaining, or defective title; an action of ejectment, to recover the premises in question, may be commenced, either by the people, or by a subsequent patentee or grantee of the same premises, bis here, or assigus, within twenty years after the determination is made; but not after that period.

§ 365. An action to recover real property, or the possession thereof, cannot be maintained by a party, other than the people, unless the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question, within twenty years before the commencement of the

action.

§ 366. A defence or counterclaim, founded upon the title to real property, or to rents or services out of the satur, is uut effectual, unless the person making it, or under whose title it is made, or ide ancestor, predecessor, or grantor, was seized or possessed of the promises 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 possession 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, ie deemed to have been under and in subordination to the legal tatis, unless the premises have been held and possessed adversely to the legal title, for twenty yeare before the commence

ment of the action.

$369. Where the occupaut, or those under whom he claims, entered into the possession of the preser unter bit of title, exclusive of any other right, founding the car wou were strument, as being a colo veyance of the premises in question, or upos de secret or judgment of a competent court; and there we were scupation and posses. sion of the premises, included in the huge or judgment, anyt some part thereof, for twenty stre included are deemed to bets on what that wine day consist of a tract, dried my son of sex i ka mung a possession of any other

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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 of husbandry, or for the ordi nary use of the occupant.

Where a known farm or a single lot has been partly improved, 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 occupied for the same length of time, as the part improved and cultivated.

371. Where there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but not founded upon a written ins rument, or a judgment or decree, the premises so actually occupied, and no others, are deemed to have been held ad versely.

372. For the purpose of constituting an adverse possession, by a per son claiming title, not founded upon a written instrument, or a judgment of decree, land is deemed to have been possessed and occupied in either of the following cases, and no others :

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 ten ant has acquired another title, or has claimed to hold adversely to his land lord. 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.

§ 375. If a person, who might maintain an action to recover real prop erty, or the possession thereof, or make an entry, or interpose a defence or counterclaim, founded on the 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 judgment

presumed.

377. Effect of return of execution. 378. How presumption raised.

379. Limitation of action to redeem
from a mortgage.

380. Other periods of limitation.
381. Within twenty years.
382. Within six years.

383. Within three years.

384. Within two years.

385. Within one year.

386. When cause of action accrues on a current account.

387. Action for penalty, etc., by any person who will sue.

388. Actions not before provided for. 389. Actions by the people subject to the same limitations.

§ 390. Action against a non-resident, upon a demand barred by the law of his residence.

391. When person liable, etc., dies without the State.

392. Cause of action accruing between the death of a testator or intestate, and the grant of letters.

393. No limitation of action on bank notes, etc.

394. Action against directors, etc., of banks.

395. Acknowledgment or new promise must be in writing.

396.

Exceptions, as to persons under disabilities.

397. Defence or counterclaim.

§ 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 mandate to enforce it. This presumption is conclusive; except as against a person, who, within twenty years from that time, 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 an 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, or 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 commeneed 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 purpose of this section only, deemed to have accrued upon an eviction, and not before.

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