"seisin by him committed, without entry or continual claim by or "of the person or persons having lawful title thereto. " "V. And be it further enacted, That all actions upon the case "and of account, other than actions for slander and actions which 67 concern the trade of merchandize between merchant and mer"chant, their factors or servants, and all actions of debt for arrearages of rent, or founded upon any contract without specialty, "and all actions of trespass, detinue and replevin for goods or "chattels, and actions of trespass quare clausum fregit, shall be "commenced and sued within six years next after the cause of such actions accrued, and not after; and all actions for assault, "battery, wounding and imprisonment, or any of them, shall be "commenced and sued within four years next after the cause of "such actions accrued, and not after; and all actions on the case "for words within two years after the words spoken, and not after; "Provided however, That if in any of the said actions judgment "shall be given for the plaintiff, and the same be reversed by er"ror, or if a verdict pass for the plaintiff and upon matter alleged "in arrest of judgment the judgment be given against the plaintiff "that he take nothing by his plaint, writ or bill, or if any of the "said actions shall be brought by original and the defendant there"in be outlawed and shall after reverse the outlawry, in all such "cases the party plaintiff, his heirs, executors, or administrators, "as the case shall require, may commence a new action from time "to time within one year next after such judgment reversed, or "such judgment given against the plaintiff, or outlawry reversed, "and not after; And provided also, That if any person entitled "to any of the said actions, shall at the time of the cause of ac"tion accrued be within the age of twenty-one years, feme covert, "insane or imprisoned, such person shall be at liberty to bring the "said actions within the respective times above limited after such "disability removed; and if any person against whom any cause "of any such action shall accrue, shall be out of this state at the "time the same shall accrue, the person who shall be entitled to "such action shall be at liberty to bring the same within the times "respectively above limited after the return of the person so ab"sent into this state. "VI. And be it further enacted, That all actions, informations "and indictments which at any time hereafter shall be brought, "sued or exhibited for any forfeiture upon any penal statute, made "or to be made, whereby the forfeiture is or shall be limited to the "people of this state only, shall be brought sued or exhibited "within two years next after the offence committed or to be com"mitted against such penal act, and not after; and that all actions "or informations which shall at any time hereafter be brought, su"ed or exhibited for any forfeiture upon any penal statute, made "or to be made, the benefit and suit whereof is or shall be by the "said statute limited or given to any person who shall prosecute 61 "for the same, or to the people of this state and to any other who "shall prosecute in that behalf, shall be brought, sued or exhibited "by any person who may lawfully pursue for the same, within one year next after the offence committed or to be committed against "the said statute; and in default of such pursuit that then the same "shall be sued, brought or exhibited for the people of this state "at any time within two years after that year ended; and that all "actions or informations which shall at any time hereafter be "brought, sued or exhibited for any forfeiture or cause upon any "statute, made or to be made, the benefit and suit whereof is or "shall be given or limited to the party aggrieved, shall be brought, "sued or exhibited within the space of three years next after the "offence committed or to be committed, or cause of action accru. "ed, and not after; and if any action, information or indictment for "any offence against any statute, made or to be made, shall be "brought after the time in that behalf above limited, the same shall "be void; Provided always, That where any action, information, "indictment or other suit is or shall be limited by any statute to be "sued, brought or exhibited within a shorter time than is hereby "limited, then the same shall be brought within the time limited "by such statute. "VII. And be it further enacted, That all suits, informations " and indictments which shall hereafter be brought or exhibited "for any crime or misdemeanor, murder excepted, shall be "brought or exhibited within three years next after the offence "shall have been committed, and not after, and if brought or ex. "hibited after the time hereby limited the same shall be void; "Provided however, That if the person, against whom such suit, "information or indictment shall be brought or exhibited, shall not "have been an inhabitant or usually resident within this state during the said three years, then the same shall or may be "brought or exhibited against such person at any time within "three years, during which he shall be an inhabitant or usually "resident within this state, after the offence committed; And pro"vided also, That where any suit, information or indictment for "any crime or misdemeanor is limited by any statute to be brought "or exhibited within a shorter time than is hereby limited, then the "same shall be brought within the time limited by such statute. "VIII. And be it further enacted, That no part of the time "from the fourteenth day of October, in the year one thousand "seven hundred and seventy-five, to the twenty-first day of March, one thousand seven hundred and eighty three, shall be deemed "or adjudged as part of the respective periods herein before limi"ted for making any title, prescription, cognizance or claim, or "bringing any action or suit whatsoever." The above act is retained verbatim, in the Revised Laws of 1813, (Van Ness & Woodworth's Revision, Vol. 1 page 184. By the 12th section of the act of 36th session, ch. 119, entitled "an ACT concerning Quit Rents," passed April 12th, 1813. (Van Ness & Woodworth's Ed. 2 Vol. p. 180.) it is enacted, "That the act, entitled an "act for the limitation of criminal pros"ecutions and of actions at law," shall not take effect or be in "force as to quit-rents, or any proceeding for the recovery of the arrears thereof, until the first day of January, which will be in "the year of our Lord one thousand eight hundred and twenty." 66 The 4th Section of the Act of 36th Session, Ch. 80, entitled "An ACT concerning Lands in the Military Tract." Passed April 8, 1813. (Van Ness & Woodworth's Ed. Vol. 1. page 304,) is in the following words: "IV. And be it further enacted, That in all cases where any of "the said lands shall be settled in manner aforesaid,* 1783, "the person or persons claiming any title thereto, or any "part thereof, shall commence an action for the recovery thereof "before the first day of January, one thousand eight hundred and twenty-three, and prosecute the same to effect without wilful "delay, or be forever thereafter barred from recovering the "same: Provided always, That if any person or persons claim"ing such title, be feme covert, under age, or insane, on the said "first day of January, one thousand eight hundred and twenty"three, such person or persons shall be permitted to bring such "action within five years after such disabilities shall be remov"ed' By the 25th Section of the Act of 36th Session, Ch. 67, entitled "An ACT concerning Sheriffs and their duty,in respect to Process, Arrests and the keeping of Prisoners." Passed April 6th, 1813. (1 R. L. 427. Van Ness & Woodworth's Ed.) it is enacted "That no action shall be brought or maintained against any sher"iff, coroner, or other officer, for the escape of any person, im"prisoned on civil process, unless the same be brought within "one year from the time of such escape." Actions of debt founded on the Act of 10th Session, Ch. 13, entitled "An ACT for preventig Usury." Passed 8th February, 1787. Greenleaf's Ed. Vol. 1, page 64. Kent & Radcliff's Ed. Vol. 1 page 57. Van Ness & Woodworth's Ed. Vol. 1, page 64,) if brought by the party aggrieved, are limited to one year after payment of the usury; and if the party aggrieved "shall not, "within the time aforesaid, really and bona fide, and without co"vin or collusion, commence his, her or their suit or action," "or "shall suffer such suit or action to be delayed or discontinued, then it shall be lawful for any other person or persons, within * Where any person or persons under colour of a bona fide purchase by him or them made, shall have actually settled on any lands "granted by letters patent, to officers and soldiers serving in the line of this state in the army of the United States, in the late war with Great Britain, and who died previous to the 27th day of March, 1783" "one year after such neglect, discontinuance or delay," to bring suit. Actions of debt founded on the Act of 24th Session, Ch. 46, entitled "An ACT to prevent excessive and deceitful Gaming." Passed 21st March, 1801. (Kent & Radcliff's Ed. Vol. 1, page 231. Van Ness & Woodworth's Ed. Vol. 1, page 153,) are limited, if brought by the party aggrieved, to three months next after payment of the bet; and in case the party aggrieved, "shall not "within the time aforesaid, bona fide, and without collusion, sue "and prosecute with effcct," "it shall be lawful for any person by "any such action, to sue for and recover the same, and treble the "amount thereof with costs of suit against such winner." (Section 2.) And suits founded on the Act of 25th Session, Ch. 44, entitled "An ACT to prevent Horse-Racing, and for other purposes therein "mentioned." Passed March 19th, 1802, (Van Ness & Woodworth's Ed. Vol. 1, page 222, 223,) are by the 5th Section thereof, limited in the same manner. Prosecutions for offences against the Act of 36th Session, Ch. 24, entitled "An ACT for suppressing Immorality." Passed March 5th, 1813, (Van Ness & Woodworth's Ed. Vol. 2, page 193. 197,) are by the 12th Section thereof, limited to "twenty days next after "the offence committed." The 25th Section of the Act of 36th Session, Ch. 203, entitled "An ACT for the payment of certain Officers of Government, and "for other purposes," Passed, April 13th, 1813, (Van Ness & Woodworth's Ed. Vol. 2, page 137,) enacts, "That all suits or ac"tions on any bond executed by any constable and his sureties "for the faithful performance of the duty of his office, shall be prosecuted within two years after the expiration of the year for "which such constable shall be elected." The above are the statutory limitations now in force in the State of New-York: but, on the first day of January, 1830, the "Revised Statutes of the State of New-York," will go into operation. With the exception of the first volume, they are not yet published; but, by the kindness of Benjamin F. Butler, Esqr. one of the gentlemen to whom was entrusted the arduous task of performing that important work, the Editor of this Treatise is enabled to lay before his readers all those parts of that revision, which in any wise relate to the limitations of actions at Law or in Equity. They will be found in the pages immediately following TITLE 2. Suits rela REVISED STATUTES OF THE STATE OF NEW-YORK. CHAP. IV. OF THE TIME OF COMMENCING ACTIONS. ART. 1.-Of the time of commencing actions relating to real pro ART.2. ART. 3. perty. Of the time of commencing actions for the recovery of any debt or demand, or for damages only. Of the time of commencing actions for penalties and forfeitures. ART. 4.-General provisions concerning the commencement of suits, and the persons and cases excepted from the operation of the preceding Articles of this Title. ART. 5. ART. 6. Of the presumption of payment arising from the lapse of time. Of the time of commencing suits in courts of equity. 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. 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. 17. Effect of death of person under disability. § 1. The people of this state will not sue or implead ting to real estate by any person for, or in respect to, any lands, tenements or the people. hereditaments, or for the issues or profits thereof, by reason of any right or title of the said people to the same, unless, Last section qualified. 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, 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 § 2. The last preceding section shall not extend to any suit or prosecution for, or in respect to, any liberties or franchises.2 (2) 1 R. L. p. 184, § 1. |