177. The act of February 7, 1799, s. 6, provides that every action of debt, or covenant1 for rent, or arrearages of rent, founded upon lease under seal; debt on any bill or obligation for the payment of money only, or upon any award, under the hands and seals of arbitrators, for the payment of money only, shall be commenced and sued within sixteen years next after the cause of such action shall have accrued2, and not after; but if any payment shall have been made on any such lease, specialty3 or award, within or after the said period of sixteen years, then an action, instituted on such lease, specialty or award, within sixteen years after such payment, shall be effectual in law, and not after. Provided, That the time during which the person, who is or shall be entitled to any of the actions specified4 in this section, shall have been within the age of twenty-one years, feme covert5, or insane, shall not be taken or computed6 as part of the said limited period of sixteen years.
178. As to crimes. By the statute7 passed February 17,1829, Harr. Comp. 243, all indictments8 for offences punishable with death, (except murder,) must be found within three years, and all offences not punishable with death, must be brought within two years; except, as to both, where the offender9 flies.
179. - 4. As to penal10 actions. By the statute of February 7, 1799, Rev11. Laws, 410, all popular and qui tam actions, and also all actions on penal statutes12 by the party grieved, must be brought within two years.
180. New York. The provisions limiting the time of commencing actions, are contained in the Revised Statutes, part 3, chapter 4, tit. 2, and are substantially as follows:
181. - 1. As to lands. The people of this state will not sue or implead any person for, or in respect to any lands, tenements13, or hereditaments, or for the issues or the profits thereof, by reason of any right or title of the said people to the same, unless, 1. Such right shall have accrued within twenty years before any suit, or other proceeding14 for the same shall have been commenced; or unless, 2. The said people or those from whom they claim, shall have received the rents and profits of such real estate, or some part thereof, within the said space of twenty years. Grantees of the state cannot recover, if the state could not; and when patents granted by the state are declared void for fraud, a suit may be brought at any time within twenty years thereafter.
182. No action for the recovery of any lands, tenements, or hereditaments, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor15 or grantor, was seised or possessed16 of the premises17 in question within twenty years before the commencement of such action.