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next section, upon good cause shown, and upon such terms as
it deems just, make an order, remitting the fine, wholly or
partly, or the forfeiture of the recognizance, or part of the
penalty thereof; or it may discharge the recognizance. If a
fine so remitted has been paid, the county treasurer, or other
officer, in whose hands the money remains, must pay the same,
or the part remitted, according to the order.
2 R. S. 486, § 37.
$ 351. (Am’d, 1895.) Restrictions upon power to remit.

The last section does not ar thorize a county court to remit
any part of a fine exceeding two hundred and fifty dollars im-
posed by the supreme court upon conviction for a criminal
offense; or a fine to any amount imposed by a court upon an
othcer or other person, for an actual contempt of court, or for
disobedience to its process, or other mandate; or to remit or
discharge a recognizance taken in its county for the appearance
of a person in another county. In the latter case, the power
of remitting or discharging the recognizance is vested in the
county court of the county, in which the person is bound to
appear.
Id., $ 38, am'd; L. 1895, ch, 946.

$ 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.]

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CHAPTER IV.
Limitation of the Time of Enforcing a Civil

Remedy.
TITLE 1.-Actions for tho Recovery of Real Property.
TITLE II.-Actions other than for the Recovery of Real Property.
TITLE III.-General Provisions.

TITLE I.
Actions for the recovery of real property.
Sec. 362. When the people will not sue.

363. Action by grantee from the State.
364. Action after annulling letters patent.
365, 366 Seizin within twenty years, when pecessary, etc.
367. Action after entry.
368. Possession, when presumed; occupation presumed to be under lega

tiile.
369. Adverse possession under written instrument or judgment.
370. Id., what constitutes it.
371. Adverse possessiou under claim of title not written.
372. Id., what countitutes it.
373. Relation of laudlord and tenant, as affecting adverse possession.
374. Right not affected by descent cast.

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
the rents and profits of the real property, or of some part thereof,
within the same period of time.
Co. Proc., $ 75, am'd.
$363.

Action by grantee from the State.
An action shall not be brought for or with respect to ren]
property, 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 people, as prescribed in this title, in the
patent or grant had not been issued or made.
Id., $76.
§ 364.

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.

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| 365. Seirin within twenty years, when necessary, ere.

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.
Co. Proc., $78.

$ 306. The same.

A defence or counterclaim, founded upon the title to real
property, or to rents or services out of the same, is not effectual,
unless the person making it, or under whose title it is made, or
his ancestor, predecessor, or grantor, was seized or possessed uf
the premises in question, within twenty years before the com-
mitting of the act, with respect to which it is made.
Id., $ 79, am'd,

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$367. Action after entry.
An entry upon real property is not sufficient or valid as
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.
Id., $ 80.

$ 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,

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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-
son claiming title, not founded upon a written instrument, 0"
judgment or 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.
Ia., 585,
$ 373. Relation of landlord and tenent, as

affecting
adverse possession,

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 tenaney; or, where there has been no written
lease, until the expiration of twenty years after the last payment
of rent; notwithstanding that the tenant has acquired another
title, or has claimed to hold adversely to his landlord. But this
presumprion shall not be made, after the periods prescribed in
this section.
Id , $ 86.
$ 374. Right not affected by descent cast.

The right of a person to the possession of real property is not
impaired or affected, by a descent being cast, in consequence of
che death of a person in possession of the property.
10., $ 87.

$ 375. Certain disabilities excluded from time to com-
mence action.

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 de-
scends, 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 con-
viction of a criminal offence, for il term less than for life:

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