་ 1 THE GENERAL LAWS OF THE STATE OF CALIFORNIA, FROM 1850 TO 1864, INCLUSIVE: BEING A COMPILATION OF ALL ACTS OF A GENERAL NATURE NOW IN FORCE, WITH FULL REFERENCES TO REPEALED ACTS, SPECIAL AND LOCAL LEGISLATION, AND TO WHICH ARE PREFIXED THE DECLARATION OF INDEPENDENCE, CONSTITUTION OF THE UNITED STATES, OF CALIFORNIA, CONSTITUTION OF THE STATE OF CALI- AND UNITED STATES NATURALIZATION LAWS, WITH NOTES OF CALIFORNIA DECISIONS THEREON. BY THEODORE H. HITTELL, OF THE SAN FRANCISCO BAR. IN TWO VOLUMES. VOL. II. SAN FRANCISCO: H. H. BANCROFT AND COMPANY. In the Clerk's Office of the District Court of the United States, in and for the Northern District of the State of California. STATUTES OF CALIFORNIA. Limitations. An Act defining the time for commencing civil actions. Passed April 22, 1850, 843. CHAPTER I. THE TIME OF COMMENCING ACTIONS IN GENERAL. 4343. SECTION 1. Civil actions can only be commenced within the periods pre- Commencement scribed in this act, after the cause of action shall have accrued, except where a different limitation is prescribed by statute. 4344. SEC. 2. When the cause of action has already accrued, the party entitled and those claiming under him shall have, after the passage of this act, the whole period herein prescribed, in which to commence an action.(*) CHAPTER II. THE TIME OF COMMENCING ACTIONS FOR THE RECOVERY OF REAL PROPERTY. of civil actions. 19 Cal. 85. 19 Cal. 481. Where the causo of action has already accrued. 4345. SEC. 3. The people of this State will not sue any person for or in respect to Suits by the any real property, or the issues or profits thereof, by reason of the right or title of the people for real people to the same, unless: First. Such right or title shall have accrued within ten years before any action or other proceeding for the same shall be commenced; or unless, property. Second. The people, or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the space of ten years. 4346. SEO. 4. No action shall be brought for or in respect to real property by any Suits by persons person claiming by virtue of letters patent or grants from this State, unless the same claiming by letters patent. might have been commenced by the people as herein specified, in case such patent or grant has not been issued or made. 4347. SEC. 5. When letters patent or grants of real property shall have been issued Action for real or made by the people of this State, and the same shall be declared void by the deter- property after letters patent mination of a competent court, rendered upon an allegation of a fraudulent suggestion, declared void. or concealment, or forfeiture, or mistake, or ignorance of a material fact, or wrongful detaining, or defective title, in such case an action for the recovery of the premises so conveyed may be brought either by the people of this State, or by any subsequent patentee or grantee of the same premises, his heirs or assigns, within five years after such determination was made, but not after that period. property. 4348. SEC. 6. No action for the recovery of real property, or for the recovery of Actions for the possession thereof, shall be maintained, unless it appear that the plaintiff, his recovery of real ancestor, predecessor, or grantor, was seized or possessed of the premises in question & Cal. 381. within five years before the commencement of such action.(') [Amendment, approved April 18, 1863, 325. 7 Cal. 1. 18 Cal. 435. 20 Cal. 225. Action on title to real property profit. 4349. SEC. 7. No cause of action or defense to an action founded upon the title to real property, or to rents or profits out of the same, shall be effectual, unless it appear or to rents or that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within five years before (*) This section was repealed in so far as it conflicted with the supplemental act of April 2, 1855, 75, given in the text, post, 4377. (*) The original section was the same as the amendment in the text; but it had been previously amended by act approved April 11, 1855, 109, by adding the following proviso:"Provided, however, that an action may be maintained by a party claiming such real estate, or the possession therof, under title derived from the Spanish or Mexican governments, or the anthorities thereof, if such action be commenced within five years from the time of the final confirmation of such title by the government of the United States or its legally constituted authorities." |