Title 3.-Of the fees of certain officers; and acts allowing sal- aries instead of fees to particular officers....... Title IV.-General provisions concerning the fees of officers, and per- sons to whom any allowance is made for services...... 2747 Of offences affecting the administration of justice....... 2750 Of offences against the public peace and public morals, Title I. Of proceedings to prevent the commission of crimes...... 2759 Title II. Of the arrest and examination of offenders; their com- R. S., Part IV-Continued. CHAPTER II-Continued. 2 R. S. 720 725 732 733 737 737 740 742 742 744 745 749 Article 1.-Of the return and summoning of grand juries; their powers ...... Article 2.-Of indictments and proceedings thereon. Title V. Of trials for offences; bills of exceptions; and other Title VI. Of judgments; the mode of enforcing them; and of Article 1.-Of judgments; the evidence thereof, and the mode of enforc 2765 2773 2774 2774 2775 2775 Article 2.-Of writs of error on judgments, and certioraris in criminal cases. 2776 [Repealed.] Title VII.-Special proceedings in criminal cases; and miscellaneous provisions respecting criminal proceedings.... 2776 Article 2.-Of the outlawry of persons convicted of treason..... 353 inal cases...... CHAPTER III. ....... 2778 Of the government and discipline of county and State prisons, [L. 1847, Chap. 460.] 2788 Title I. Of the county prisons....... 2788 Article 1.-Designation of the several county prisons, and provisions con- 2788 Article 2. Of the inspection of county prisons, and the discharge and de- 2791 Title II. Of the State prisons........ 2793 Article 1. Of the custody and government of State prisons; the officers sation. 2793 Article 2.-Regulations concerning the labor of convicts, and making of Article 3.-Regulations concerning the disposition, treatment and conduct of in this chapter....... 2823 2826 Title 33.-Of the superintendent of State prisons; the State women, and the State industrial school............ 2862 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- TITLE I. OF THE TENURE OF REAL PROPERTY, AND THE PERSONS CAPABLE OF HOLDING AND CONVEYING ESTATES THEREIN. TITLE II.-OF THE NATURE AND QUALITIES OF ESTATES IN REAL PROP ERTY, AND THE ALIENATION THEREOF. TITLE III.-OF ESTATES IN DOWER. AND DUTIES OF LANDLORDS AND TENANTS. TITLE V.-MISCELLANEOUS PROVISIONS OF A GENERAL NATURE. [17] The peo ple, original owners of lands in this state. 9 N. Y., 319; 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. 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. SECTION 1. The people of this state, in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the state; and all lands, the title to which shall fail from a defect of heirs, shall revert or escheat to ENY, 467; the people. 15 Barb., 94; 8 Barb., To hold escheated land subject to trusts, &c. How trusts, &c., executed. 149; 42 N. 27 Barb., Y., 181. All lands allodial. 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.] § 2. All escheated lands, when held by the state, or its grantees, shall be subject to the same trusts, incumbrances, charges, rents, and services, to which they would have been subject, had they descended; and the court of chancery shall have power to direct the attorneygeneral to convey such lands to the parties equitably entitled thereto, according to their respective rights, or to such new trustee as may be appointed by such court. § 3. All lands within this state are declared to be allodial, so that, 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 respective estates; and all feudal tenures, of every description, with all ures abol ished. 42 N. Y., 182; 6 N. Y, 467, 510; their incidents, are abolished. 27 Barb., Barb., 28. rights, &c., [1 R. L., 70, §§ 2 to 6.] § 4. The abolition of tenures shall not take away or discharge, any rents or services certain, which at any time heretofore, have been, or hereafter may be, created or reserved; nor shall it be construed 149; 6 N.Y., to affect or change the powers or jurisdiction of any court of justice in this state. 27 Barb., 467, 510; 8 Barb., 28. Who to be [The same. See §§ 11 to 15, inclusive, art. 2, of Constitution.] § 5. Where an estate in lands shall become vested in an infant, the of infants guardianship of such infant, with the rights, powers and duties of a guardians owning lands. 31 Barb., 289: 30 Barb., 635; 7 Cow., 38; 5 Paige, 41; guardian in soccage, shall belong: I. To the father of the infant: 2. If there be no father, to the mother: 3. If there be no father or mother, to the nearest and eldest rela13 end, tive of full age, not being under any legal incapacity; and as be 633; 63 |