UAP next section, upon good cause shown, and upon such terms as The last section does not ar thorize a county court to remit $ 352. Notice of application, etc.; costs to be paid on remission. An application for an order, as prescribed in the last section but one, cannot be heard, until such notice thereof as the court deems reasonable, has been given to the district-attorney of the county, and until he has had an opportunity to examine the matter, and prepare to resist the application. And upon granting such an order, the court must always impose, as a condition thereof, the payment of the costs and expenses, if any, incurrel in an action or special proceeding for the collection of the fio, or the penalty of the recognizance. id., 88 39 and 41. § 353. Fines imposed by justices of the peace; how remitted. Where a person has been fined by a court of special sessions, and has been committed to jnil for non-payment of the fine, the or by a justice of the peace, upon a conviction for an offence, county court of the county may make an order, remitting the fine. wholly or prtly, and discharging him from his imprison, ment. The power conferred by this section must be exercise in the manner prescribed, and subject to the provisions conrained, in the last three sections. Id., § 42 $ 354. Who may make orders. In an action or special proceeding in a county court, an order may be made without notice, or an order to stay proceedings may be made upon notice, by a justice of the supreme court, by the county judge of the county where the attorney for the implicant resides, in a case where the county judge, in whose court the action or special proceeding is brought, may nako the same, out of court; and with like effect. See L. 1847, ch. 280, 34, { 355. (Am'd, 1877, 1909.) County court sessions and terms. The county court is always open for the transaction of any business, for which notice is not required to be given to an adrerse party, except where it is specially prescribed by law, that the business must be done at a stated term. See Co. Proc., § 31. and L. 1547, ch. 474. pourt of $ 24. Am'd by L. 1909, eh. 65. Alsó partly repealed by L. 1909. ch. 35. See consolidated L&W, tit. Judiciary Law, $$ 190-191. See note 39 Cå notes of Board of Statutory Consolidation at end of code. | 356. [Old section repealed by L. 1909, chs. 16 and 3.5. See Consolidated Laws, tit. County Law, $ 210, Judiciary Law, $ 192.) $ 350. Xew section - Added, 1909.) Power of county judge when holding court in another county. During the period that any county judge shall be in a county other than his own, for the purpose of holding courts therein, he may exercise all the powers and perform all the duties of the county judge of such other county. which said last-mentioned julge is by law authorized to exercise and perform out of court or in sacation; provided, however, that nothing herein contained shall empower him to perform the duties of surrogate in such other county. Added by I. 1909, ch. 6). Derivation - - L. 1877. ch. 11. $1. See bote 1 of notes of Board of Statutory Consolidation at end of cove. $ 357. [Repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, $$ 533, 5+1.] | 358. (Partly repealed by L. 1999, chs. 16 and 3.7; but see Consolidated Laws, tits. County Law, $ 12, Judiciary Law, $ 197, which embody the whole of this section.] 1 359. [Repealed by L. 1909, ch. :35. See Consolidated Laws, tit. Judiciary Law, $$ 196, 197, 287, 318, 319.] | 360. [Repealed by L. 1900, chis. 35 and 65. See Consolidated Lawn, tit. Judiciary Law, $8 198, 382-38); and also Code Civ. Proc., $ 2513a.] 1 361. (Repealed by L. 1909, ch. 35. See Consolidated Laws, tit. Judiciary Law, $$ 197, 318, 319.] 61 CHAPTER IV. Remedy. TITLE I. 363. Action by grantee from the State. tiile. 375. Certain disabilities excluded from time to commence action. $302. When the people will not sue. The people of the State will not sue a person for or with respect to real property, or 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 Action by grantee from the State. Action nfter annulling letters patent. There letters patent or a grant of real property, issued or inade by the people of the State, are declared void by the determination of a competent court, rendered upon an illegation of a fraudulent suggestion or concealment, or of a forfeiture, or mistake, or ignorance of a material 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 ! subsequent patentee or grantee of the same premises, his eirs, or assigns, within twenty years after the determination is made but not after that period. Id., $77. i | 365. Seirin within twenty years, when necessary, ere. An action to recover real property, or the possession thereof, $ 306. The same. A defence or counterclaim, founded upon the title to real $367. Action after entry. $ 368. Possession, when presa med ; occupation presumed to be under legal title. 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, is deemed to have been under and in subordination to the legal title, unless the premises have been held and possessed adversely to the legal title, for twenty years before the commencement of the action. Id., $ 81. 369. Adverse possession under written instrument or judgm Where the occupant, or those under whom he claims, entered into the possession of the preinises, under claim of title, excluaire of any other right, founding the claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court; and there has been a continued occupation and possession of the preinises, included in the instrument, decree, or judginent, or of some part thereof, for twenty years. under the same claim; the premises so included are deemed to have been held adversely; except that where they consist of a tract, divided into lots, the 30&session of one lot is not deemed a possession of any other lot. Id., $ 82. $ 370. Id.; what constitutes it. For the purpose of constituting an adverse possession, by a person claiming a title, founded upon a written instrument, or & judgment or 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 ordinary 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. Co. Proc., $ 83, am'd. $ 371. Adverse possession under claim of title not written, Where there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but no founded upon a written instrument, or a judgment or decree, the premises so actually occupied, and no others, are deemed to have been held adversely. Id., $ 34. $ 372. Id.; what constitutes it. For the purpose of constituting an adverse possession, by a per- 1. Where it has been protected by a substantial inclosure. affecting Where the relation of landlord and tenant has existed between The right of a person to the possession of real property is not $ 375. Certain disabilities excluded from time to com- If a person, who might maintain an action to recover real prop- 3. Imprisoned on a criminal charge, or in execution upon con- |