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suing out this execution, may file a bill in chancery against such defendant, and any other person, to compel a discovery of any property or things in action belonging to the defendant, and of any property, money or things in action, due to him, or held in trust for him, and to prevent the transfer of any such property, money or things in action, or the payment or delivery thereof to the defendant, except where such trust has been created by, or the fund is held in trust as proceeding from some person other than the defendant. The court shall have power to compel such discovery and to prevent such transfer, payment or delivery and decree satisfaction of the money remaining due on such judgment, out of any property, money or other things in action belonging to the defendant, or held in trust for him, with the exception above stated, which shall be discovered by proceedings in chancery, whether the same were originally liable to be taken by execution in law or not: Provided, This section shall not Proviso, apply to property exempt from execution.

CHAPTER VII.

Time and Place of Holding Circuit Courts.

exempt property.

SECTION 1. In every county organized for judicial purposes, Terms. there shall be held at least four terms of court in each year.

continue

of times.

SEC. 2. The times now fixed for holding the terms of court Terms to in the several counties, shall continue to be the times for hold- as fixed. ing such terms until changed in the following manner: The Change circuit court of any county may, by order entered upon the journal of said court, change the times of holding such terms in said county from time to time, but such change shall not be effective until the expiration of three months from the date of entry of such order.

SEC. 3. Whenever it shall be deemed unsafe or inex- When judge may appoint pedient by reason of war, pestilence or other public calamity temporary to hold any court at the time and place appointed therefor, place. or whenever there shall be no court house in any county, or when the court house shall for any cause be unsafe or unfit for the holding of any court, the judge or judges of the court may appoint any other place and time within the same county as a temporary place for holding such court. The place so appointed shall be deemed the court house of the county for the time being, for all purposes connected with said court.

pointment

SEC. 4. Every such appointment shall be made by an order How apin writing, signed by the judge or judges making the same, made. and shall be published by advertisement, or in such other manner as shall be required in the order.

SEC. 5. If from any cause the judge of any circuit or su perior court shall fail to attend on the first day or any suc ceeding day of any term, said court shall stand adjourned until the next day in which court may be lawfully held, and shall stand adjourned from day to day until a judge lawfully

Failure of judge to

attend.

authorized to hold said court, shall be in attendance. Said When deemed courts at law and in chancery, shall on all lawful days and

in actual

session.

Power of judge, if present.

Continuance

times be deemed to be in actual session from the first day of any term until the first day of the next succeeding term, notwithstanding any formal adjournment thereof: And, if any judge authorized to hold such court, shall at any time be in attendance thereon, he shall have full power to hear, try and determine all causes, matters and proceedings within the jurisdiction of said court which may in a lawful manner be brought before him. Judges of circuit courts may hold court for each other.

SEC. 6. All causes and matters, of whatsoever name or till next term. kind, pending at any term of any circuit court, which shall not have been held because of the absence of the circuit judge, shall stand continued till the next term; and all persons bound by recognizance or otherwise to appear at any such court, either as witnesses or parties to any proceedings cognizable therein, shall be bound to appear at the next term of the circuit court appointed to be held in the county; and all such recognizances shall continue in force and be as binding and obligatory on the parties thereto as if no failure of a term had occurred, unless a new recognizance, approved according to law, shall be entered into for such appearance.

What may be joined.

Court may separate.

Or may consolidate.

Joint or several actions.

CHAPTER VIII.

Joinder and Severance of Causes of Action and the Consolidation of Actions.

SECTION 1. The plaintiff may join in one action, at law or in equity, as many causes of action as he may have against the defendant, but legal and equitable causes of action shall not be joined; but when there is more than one plaintiff, the causes of action joined must be joint, and if there be more than one defendant, the liability must be one asserted against all of the material defendants, or sufficient grounds must appear for uniting the causes of action in order to promote the convenient administration of justice, or when several suits shall be commenced against joint and several debtors, in the same court, the plaintiff may, in any stage of the proceedings, consolidate them into one action. If it appear that any such causes of action cannot be conveniently disposed of together, the court may order separate trials, or whenever several suits shall be pending in the same court, by the same plaintiff against the same defendant, for causes of action which may be joined, the court in which the same shall be prosecuted may, in its discretion, order the several suits to be consolidated into one action.

SEC. 2. When any person shall die, leaving heirs, either in the same or in different degrees; and where several persons shall be, in any other way, entitled to real estate as tenants

in common, or as joint tenants, they may bring a joint action for the recovery thereof, or may bring several actions for their respective shares or interests.

CHAPTER IX.

Limitation of Actions.

SECTION 1. Hereafter no person shall bring or maintain any Real actions. action for the recovery of any lands, or the possession thereof, or make any entry thereupon, unless such action is commenced or entry made within the time herein limited therefor, after the right to make such entry or to bring such action shall have first accrued to the plaintiff, or to some person through whom he claims, to-wit:

1. Within five years, where the defendant claims title to Five years. the land in question, by or through some deed made upon a sale thereof by an executor, administrator, guardian or testamentary trustee, or by a sheriff, or other proper ministerial officer, under the order, judgment, decree or process of a court, or legal tribunal of competent jurisdiction within this State, or by a sheriff upon a mortgage foreclosure sale; or through a devise in any will which shall have been probated in this State for fifteen years, during which period no suit in chancery has been brought to test the validity of such devise: Provided, That in cases where such fifteen year period Proviso, has already elapsed such rights of entry or actions shall two years. be barred after two years from the passage hereof, or in case such right has not accrued, then after two years from the accruing thereof;

2. Within ten years, where the defendant claims title under a deed made by some officer of this State, or of the United States, authorized to make deeds upon the sale of lands for taxes assessed and levied within this State;

Ten years.

Proviso,

section not

3. Within fifteen years in all other cases: Provided, That Fifteen years. the provisions of this section shall not apply to actions brought by any municipal corporation, for the recovery of the posses to apply. sion of any public highway, street or alley, or any other public grounds.

SEC. 2. If such right or title first accrued to an ancestor, where right predecessor, or grantor of the person who brings the action, accrued to or makes the entry, or to any other person from or under grantor, etc. whom he claims, the said above periods of limitation shall be computed from the time when the right or title so first accrued to said ancestor, predecessor, grantor or other person.

accrues.

SEC. 3. In the construction of this chapter, the right to when right make an entry or bring an action to recover land, shall be of entry 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

Who presumed to have

possession.

Disability.

Death during disability.

entry or of action shall be deemed to have accrued at the time of such disseizin;

2. When he claims 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 another 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; 3. When there is such an intermediate estate, and in all 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 of condition, but if he claims under such a title, his right shall be deemed to have accrued when the forfeiture was incurred, or the condition broken;

5. In all cases not otherwise provided for, the right shall be deemed to have accrued when the claimant or the person under whom he claims, first became entitled to the possession of the premises, under the title upon which the entry or action is founded.

SEC. 4. In every action for the recovery of real estate or the possession thereof, the person establishing the legal title to the premises shall be presumed to have been in possession thereof within the time limited by law for bringing such action, unless it shall appear that the same has been possessed adversely to such legal title by the defendant or by those from or under whom he claims, or that the grantee, or his as signs, in a contract of purchase have been in possession claiming title by virtue of said contract of purchase for a period of twenty years after the last payment was due on said contract or after the last payment was made on said contract of purchase. The provisions of this section shall not apply to any contract of purchase which is now the subject of litigation.

SEC. 5. If at the time when any right of entry, or of action, as aforesaid, shall first accrue or have accrued, the person entitled to such entry or action shall be or shall have been. within the age of twenty-one years, insane, or imprisoned, such person, or any one claiming from, by or under him, may make such entry, or bring such action, at any time within five years after such disability shall be or shall have been removed, although the time limited therefor in the first section of this chapter may have expired.

SEC. 6. If the person first entitled to make such entry, or bring such action, shall die, or shall have died during the continuance of any of the disabilities mentioned in the preceding section, and no determination or judgment shall have been had of, or upon the title, right or action, which accrued

to him, the entry may be made, or action brought, by his heirs, or any one claiming under him, at any time within five years after his death, although the time limited therefor in the first section of this chapter may have expired.

SEC. 7. If, at the time when such right of entry or of ac- No allowance for disability tion shall first accrue, the person entitled thereto shall be of other under any of the disabilities before mentioned, and shall die person. without having recovered the premises, no further time for making such entry or bringing such action, beyond that hereinbefore prescribed, shall be allowed by reason of the disability of any other person.

SEC. 8. No person shall be deemed to have been in posses- Mere entry sion of any lands, within the meaning of this chapter merely not sufficient. by reason of having made an entry thereon, unless he shall have continued in open and peaceable possession of the premises for at least one year next after such entry, or unless an action shall be commenced upon such entry and seizin, within one year after he shall be ousted or dispossessed of the premises.

governed by

SEC. 9. All actions and rights shall be governed and de- Rights termined according to the law under which the right accrued, existing law. in respect to the limitations of such actions or right of entry.

abatement,

SEC. 10. If any action, of which the commencement is Action after limited by this chapter, shall be abated by the death of any reversal of party thereto, or if, after verdict for the plaintiff, the judg. judgment, etc. ment shall be arrested, or if judgment in any such action be given for the plaintiff, and the judgment shall be reversed for error therein, the plaintiff, or any person claiming from, by or under him, may bring an action for the same cause at any time within one year after the determination of the original action or after the reversal of the judgment.

SEC. 11. No suit for the recovery of any land, shall be suits by commenced by or in behalf of the people of this State, unless people. within fifteen years after the right or title of the people of the State therein first accrued, or within fifteen years after the said people or those from or through whom they claim, shall have been seized or possessed of the premises, or shall have received the rents and profits of the same, or some part thereof.

SEC. 12. No suit or proceeding shall be maintained to fore- Foreclosure of close a mortgage on real estate, either at law or in equity, mortgages. unless commenced within fifteen years from and after such mortgage shall become due and payable, or within fifteen years after the last payment was made on said mortgage.

Limitation of Personal Actions.

SEC. 13. All actions in any of the courts of this State shall six years. be commenced within six years next after the causes of action shall accrue, and not afterward, except as hereinafter specified: Prorided, however,

Proviso,
other

1. That actions founded upon judgments or decrees ren- limitations. dered in any court of record of the United States, or of this

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