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may issue of

9 Wend., 34.

.ceedings, unless

(5332.) SECTION 1. Writs of error in civil and criminal cases, writs of Error upon any final judgment or determination, may issue of course, course. out of the Supreme Court, in vacation as well as in term, and shall be returnable to the same Court. (5333.) SEC. 2. No writ of error shall operate to stay or Not to stay prosupersede the execution in any civil action, unless the plaintiff Bond given in error, with two sufficient sureties, or three sufficient sureties without the plaintiff in error, shall give bond to the defendant in error, with condition that the plaintiff in error shall prosecute his writ to effect, and shall pay and satisfy such judgment as shall be rendered against him thereon.

1 Mass., 156.

sureties, by

(5334.) SEC. 3. The sufficiency of the sureties, and the sum suficiency of for which the bond shall be given, shall be determined in each whom determin case, by any Justice of the Supreme Court, or Circuit Court Commissioner; but the penalty of such bond shall not be less

ed, etc.

and notice given, etc.

than double the amount of the judgment upon which the writ of error is brought, if such judgment be against the plaintiff in error, nor in any case less than one hundred dollars. Bond to be filed, (5335.) SEC. 4. The bond, if any be given, shall be filed in the office of the Clerk of the Court in which the judgment was rendered, at the time of serving the writ on such clerk, and notice thereof shall be given to the defendant in error, or his attorney, and no execution shall thereafter be issued upon the judgment complained of, during the pendency of the writ of error; and if any execution shall have been issued, all further proceedings thereon shall be stayed, upon the officer holding such execution being served with a certificate of the service of such writ, and the filing of such bond, signed by the clerk with whom such bond shall be filed.

Proceedings on
Writs of Error.
8 Mass., 383.

16 do. 384.

Writ in certain cases.

(5336.) SEC. 5. The proceedings upon writs of error, as to the assignment of errors, and as to the appearance of the defendant in error, and the pleadings, judgment, and all other matters not herein provided for, shall be according to the course of the common law, as modified by the practice and usage in this State, and such general rules as shall be made by the Supreme Court.

Allowance of (5337.) SEC. 6. No writ of error upon a judgment of conviction for treason, or for murder in the first degree, shall issue, unless allowed by one of the Justices of the Supreme Court, after notice given to the Attorney General.

When Writ not to

delay Execution,

der for stay.

(5338.) SEC. 7. Writs of error upon judgments in all other ete without or criminal cases, shall issue of course, but they shall not stay or delay the execution of the judgment or sentence, unless they shall be allowed by one of the Justices of the Supreme Court, with an express order thereon for a stay of proceedings on the judgment or sentence.


Further order, (5339.) SEC. 8. When a stay of proceedings shall be ordered, as provided in the preceding section, the Justice may, at the time of making such order, make such further order as the case may require, for the custody of the plaintiff in error, or for letting him to bail; or the party may, upon a writ of habeas corpus, procure his enlargement upon giving bail, if entitled thereto.

Writ to be

Within what time (5340.) SEC. 9. All writs of error upon any judgment or final brought. determination, rendered in any cause, in any Court of law, and of Record in this State, shall be brought within two years after the rendering of such judgment, or final determination, and

not after, except in the cases specified in the two next



(5341.) SEc. 10. If any person against whom any such In case of disajudgment shall be rendered, or final determination made, shall

be at the time, either:

1. Within the age of twenty-one years; or:

2. Insane; or:

3. Imprisoned on any criminal charge, or in execution upon some conviction of a criminal offence, for any term less than for life; or:

4. A married woman;

The time during which such disability shall continue, shall not be deemed any portion of the time above limited for bringing a writ of error; but such person may bring such writ after the time so limited, and within two years after such disability shall be removed.

of party.

(5342.) SEC. 11. If the person entitled to bring such writ In case of death shall die, during the continuance of any disability specified in the preceding section, his heirs, devisees, executors or Administrators entitled to bring such writ, may bring the same after the time herein limited for that purpose, and within two years after such death.

after five years.

(5343.) SEC. 12. But the existence of any disability specified Writ not to issue in the preceding sections, shall not authorize the bringing of a writ of error upon any judgment after the expiration of five years from the time of rendering the same.

within two years

debt or Seire Fa

(5344.) SEC. 13. If an action of debt, or a writ of scire facias, Writ may issue be brought on any judgment, a writ of error to reverse the after action of judgment may be sued out at any time within two years after cias the bringing of such action of debt or writ of scire facias.


rari, how issued


(5345.) SEC. 14. All writs of certiorari to correct errors in writs of Certioproceedings that are not according to the course of the common and made returnlaw, shall be issued out of and be made returnable to the Supreme Court, according to the practice heretofore established, and subject to such regulations as shall from time to time be made by the general rules of the Supreme Court. (5346.) SEC. 15. Writs of certiorari may be allowed by any Allowance of Justice of the Supreme Court, or Circuit Court Commissioner. (5347.) SEC. 16. No such writ of certiorari shall be issued, Within what time to correct any proceedings, unless such writ be brought within brought.


Writs of Error

the same time after such proceedings shall have been had, as is limited by this chapter for bringing a writ of error upon a judgment.

Indorsement of (5348.) SEC. 17. Writs of error and of certiorari in civil and Certiorari. cases, shall be endorsed in the same cases, and with the like effect as original writs, by some responsible person as surety for costs.

Costs on Certiorari.

(5349.) SEC. 18. The party prevailing on a writ of certiorari in any proceeding of a civil nature, shall be entitled to his costs against the adverse party in all cases; and in case such writ shall appear to have been brought for the purpose of delay or vexation, the Court may award double costs to the prevailing party.



CHAPTER CLXIV. Of the Limitation of Actions Relating to Real Property.
CHAPTER CLXV. Of the Limitation of Personal Actions.





5350. No action or entry after twenty years,
except, etc.

5351. Computation of time, if right accrued to
ancestor, etc.

5352. When right deemed to have accrued.
5353. Limitation after disseizin of sole Cor-

5354. Cases of disability.


5355. Death of persons under disability.
5356. No allowance for any second disability.
5357. Entry on Land when effectual.

5358. Rights accrued before this Chapter takes

5359. Action after abatement, reversal, etc. 5360. Suits by the People of this State.

Chapter One Hundred and Thirty-Nine of Revised Statutes of 1846. (a)

try after twenty


(5350.) SECTION 1. No person shall commence an action for No action or enthe recovery of any lands, nor make an entry thereupon, years, except, unless within twenty years after the right to make such entry 7 Pick., 153. or bring such action first accrued, or within twenty years after he, or those from, by or under whom he claims, shall have been seized or possessed of the premises, or shall have received the rents and profits of the same or some part thereof, except as hereinafter provided.

time, if right ae.


(5351.) SEC. 2. If such right or title accrued to an ancestor computation of or predecessor of the person who brings the action or makes crued to ancestor, the entry, or to any other person, from, by, or under whom he claims, the said twenty years shall be computed from the time when the right or title so first accrued to such ancestor, predecessor, or other person.

deemed to have

(5352.) SEC. 3. In the construction of this chapter, the when right right to make an entry or bring an action to recover land, accrued. shall be deemed to have first accrued at the times respectively hereinafter mentioned, that is to say:

1. Whenever any person shall be disseized, his right of entry or of action shall be deemed to have accrued at the time of such disseizin;

2. When he claim's as heir or devisee of one who died seized, his right shall be deemed to have accrued at the time of such death, unless there is a tenancy by curtesy, or other estate, intervening after the death of such ancestor or devisor, in which case his right shall be deemed to accrue when such intermediate estate shall expire, or when it would have expired by its own limitation;

15 do. 471.

3. When there is such an intermediate estate, and in all 9 Mass., 508. other cases where the party claims by force of any remainder or reversion, his right, so far as it is affected by the limitation herein prescribed, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof, for which he might have entered at an earlier time;

4. The preceding clause shall not prevent any person from entering, when entitled to do so by any forfeiture, or breach

(a) For General Statutes of Limitation, see Code of 1820, p. 243, 384; Rev. of 1827 p. 223, 253; Laws of 1829, p. 95; Rev. of 1833, p. 408, 569; R. S. of 1838, p. 573, 576; Laws of 1843, p. 43.

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