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§ 565. When it appears that the occupant, or those under whom he claims, entered into the possession of land under claim of title, exclusive of other right, making such claim upon a written instrument, as being a conveyance of the land in question, or upon the judgment of a competent court; and that there has been a continued occupation and possession of the land included in such instrument, or judgment, or of some part of the land, under such claim, for twenty years, the land so included is deemed to have been held adversely, except that when it consists of a tract divided into lots, the possession of one lot is not deemed a possession of any other lot of the same tract.

Amended Code, § 82.

§ 566. For the purpose of constituting an adverse possession, by any person claiming a title founded upon a written instrument or a judgment, land is deemed to have been possessed and occupied in 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, 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 inclosed according to the custom of the adjoining country, is deemed to have been occupied for the same length of time as the part improved.

Amended Code, § 83.

§ 567. Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or judgment, the land so actually occupied and no other, is deemed to have been held adversely.

Amended Code, § 84.

§ 568. For the purpose of constituting an adverse possession, by a person claiming title not founded upon a written instrument, or a judgment, land is deemed to have been possessed and occupied in the following cases only, viz:

1. Where it has been protected by a permanent enclosure:

2. Where it has been usually cultivated or improved. Amended Code, § 85.

§ 569. When 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 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 presumption can not be made after the periods herein limited.

Amended Code, § 86.

570. The right of a person to the possession of real property, is not impaired or affected by a descent cast, in consequence of the death of a person in possession of such property.

Amended Code, $87.

571. If a person entitled to commence an 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 first descends or 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, or

4. A married woman;

The time, during which such disability continues, is not deemed any portion of the time in this chapter limited for the commencement of such action, or the making of such entry or defence; except that the disabili

ities cannot extend the period of limitation, so as to allow such action to be commenced, or entry or defence made, more than thirty years after the right accrued. Amended Code, § 88.

The qualification at the end of this section is new. There seems no reason at the present day, for extending the limitation further than is here proposed. Actions can be brought by persons under disability, and the rights of persons in possession require that they should be brought or abandoned. It will be remembered, that the operation of this provision is prospective, and affects no rights already accrued.

CHAPTER III.

THE TIME OF COMMENCING ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY.

SECTION 572. Periods of limitation prescribed.

573. Within twenty years.

574. Within six years.

575. Within three years.

576. Within two years.

577. Within one year.

578. When cause of action accrued, in an action upon a current account. 579. Actions for penalties, &c., by any person who will sue, when to be

brought.

580. Actions for relief, not before provided for.

581. Actions by the people, subject to the same limitation.

§ 572. The periods prescribed in section 557, for the commencement of actions other than for the recovery of real property, are as follows:

Amended Code, § 89.

§573. Within twenty years:

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

2. An action upon a sealed instrument:

Amended Code, § 90.

§ 574. Within six years:

1. An action upon a contract, or other obligation, express or implied; excepting those mentioned in the last section:

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

3. An action for trespass upon real property:

4. An action for taking, detaining or injuring personal property, including actions for the specific recovery thereof:

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

6. An action for relief, on the ground of fraud; the cause of action in such case not to be deemed to have accrued, until the discovery by the aggrieved party, of the facts constituting the fraud.

Amended Code, § 91.

§ 575. Within three years:

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