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...... 2774

R. S., Part IV-Continued.
CHAPTER II-Continued.

R. S.
720
Article 1.--0f the return and summoning of grand juries ; their powers
and duties ......

2765 725 Article 2.-0f indictments and proceedings thereon.

2773 732 Article 3.-Of the removal of indictments before trial or judgment..... 2774

[Repealed.] 733 Title V.-0f trials for offences; bills of exceptions; and other

proceedings incident to trial.....

[Repealed.] 737 Title VI.—Of judgments; the mode of enforcing them; and of writs of error thereon.......

2775 737 Article 1.-Of judgments; the evidence thereof, and the mode of enforcing them.

2775 740 Article 2.-Of writs of error on judgments, and certioraris in criminal cases. 2776

[Repealed.] 742 Title VII.—Special proceedings in criminal cases ; and miscella

neous provisions respecting criminal proceedings.... 2776 742 Article 1.-Of coroners' inquests.

2776 [Repealed.). 744 Article 2.-Of the outlawry of persons convicted of treason....

2777 (Repealed.) 745

Article 3.- Miscellaneous provisions respecting criminal proceedings..... 2777 749 Title VIII. Of the fees of officers and ministers of justice in criminal cases.....

2778

363

CHAPTER III. Of the government and discipline of county and State prisons, and of the conduct and treatment of prisoners therein.. ... 2788

(L. 1847, Chap. 460.] Title 1.-Of the county prisons.......

2788 Article 1.- Designation of the several county prisons, and provisions concerning their management.....

2788 Article 2.-Of the inspection of county prisons, and the discharge and delivery of prisoners confined therein....

2791 Title II.-Of the State prisons.....

2793 Article 1.–Of the custody and government of State prisons; the officers

connected therewith, and their powers, duties and compen-
sation....

2793 Article 2.-Regulations concerning the labor of convicts, and making of contracts for their employment and support.....

2809 Article 3. ---Regulations concerning the disposition, treatment and conduct of prisoners.....

2814 Article 4.--Spécial provisions relative to one or more of the State prisons. 2818 Title III. General provisions applicable to all the prisons treated of in this chapter......

2823 Title 34. —Additional provisions relating to county and State

prisons, including penitentiaries and the State
reformatory..........

2826 Title 38.-Of the superintendent of State prisons; the State

agent for discharged convicts, and the compen

sation of officers connected with the State prisons. 2859 Title 3o.-Of houses of refuge for juvenile delinquents and

women, and the State industrial school............. 2862

[417]

REVISED STATUTES

OF THE

STATE OF NEW YORK.

PART II.

AN ACT concerning the acquisition, the enjoyment and the

transmission of property, real and personal; the domestic relations, and other matters connected with private rights. WHEREAS it is expedient that the several statutes of this state, relating to the acquisition, the enjoyment and the transmission of property, real and personal; the domestic relations, and certain matters connected with private rights; should be consolidated and arranged in appropriate chapters, titles and articles; that the language thereof should be simplified; and that omissions and other defects should be supplied and amended: Therefore,

The People of the State of New York, represented in Senate and Assembly, do declare and enact as follows

CHAPTER I.

OF REAL PROPERTY, AND OF THE NATURE, QUALI

TIES AND ALIENATION OF ESTATES THEREIN.

TITLE 1.-OF THE TENURE OF REAL PROPERTY, AND THE PERSONS

CAPABLE OF HOLDING AND CONVEYING ESTATES THEREIN.
TITLE II.-ÓF THE NATURE AND QUALITIES OF ESTATES IN REAL PROP-

ERTY, AND THE ALIENATION THEREOF.
TITLE III.—OF ESTATES IN DOWER.
TITLE IV.-OF ESTATES FOR YEARS, AND AT WILL, AND THE RIGHTS

AND DUTIES OF LANDLORDS AND TENANTS.
TITLE V.-MISCELLANEOUS PROVISIONS OF A GENERAL NATURE.

[blocks in formation]

Of the Tenure of Real Property, and the Persons capable of holding and

conveying Estates therein.

Art. 1.-Of the tenure of real property.
ART. 2.-Of the persons capable of holding and conveying lands.

ARTICLE FIRST.

OF THE TENURE OF REAL PROPERTY.

SEC. 1. People of this state deemed original owners of lands therein.

2. Escheated lands to be held subject to trusts, etc. ; how executed.
3. Lands declared allodial ; feudal tenures abolished.
4. Abolition of tenures not to affect certain rights, or powers of courts.
5. Guardianship of infants owning lands, to whom it belongs.
6. Provisions respecting guardians in soccage, to apply to them.
7. Superseded by appointment of testamentary or other guardian.

The peo.

SECTION 1. The people of this state, in their right of sovereignty, ple, original are deemed to possess the original and ultimate property in and to lawas inop all lands within the jurisdiction of the state; and all lands, the title this state.

to which shall fail from a defect of heirs, shall revert or escheat to 9 N. Y., 319; 8 N. Y., 467; the people. 15 Barb., 94; 8 Barb., 194; 25 Wend., 219; 17 Wend., 312; 31 How. Pr. R., 78; 12 Abb. Pr. R., N. S., 472; 24 Hun, 187; 92

N. Y., 463, 477.

[1 R. L., 380, § 2.) To hold es

2. All escheated lands, when held by the state, or its grantees, cheated land sub

shall be subject to the same trusts, incumbrances, charges, rents, and ject to

services, to which they would have been subject, had they descended; How

and the court of chancery shall have power to direct the attorneytrusts, &c., executed." general to convey such lands to the parties equitably entitled thereto, 149; 42 N. according to their respective rights, or to such new trustee as may Y., 181.

be appointed by such court. All lands § 3. All lands within this state are declared to be allodial, so that, allodial. Feudal ten- subject only to the liability to escheat, the entire and absolute

property is vested in the owners, according to the nature of their respecished.

tive estates; and all feudal tenures, of every description, with all Y., 487,610; their incidents, are abolished. 27 Barb., 149; 8 [1 R. L., 70, 88 2 to 6.] Barb., 28. Certain § 4. The abolition of tenures shall not take away or discharge, rights, &c., not to be

any rents or services certain, which at any time heretofore, have been, affected.

or hereafter may be, created or reserved; nor shall it be construed 149; G.Y., to affect or change the powers or jurisdiction of any court of justice 467, 510; 8 Barb., 28.

in this state.

{The same. See $$ 11 to 15, inclusive, art. 2, of Constitution.] Who to be § 5. Where an estate in lands shall become vested in an infant, the guardians infants guardianship of such infant, with the rights, powers and duties of a owning lands.

guardian in soccage, shall belong: 31 Barb., 1. To the father of the infant: Barb., 635; 2. If there be no father, to the mother: 7 Cow., 38; 5 Paige, 41; 3. If there be no father or mother, to the nearest and eldest rela15. Wend.,' tive of full age, not being under any legal incapacity; and as be

ures abol.

42 N. Y., 182; 6 N.

27 Barb.,

289; 30

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