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[Subsequent acts on this subject.]-

R. S., Part IV-Continued.

CHAPTER II-Continued.

2 R. S.

720

725

732

733

737

737

740

Article 1.-Of the return and summoning of grand juries; their powers
and duties......

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Article 2.-Of indictments and proceedings thereon.
Article 3.-Of the removal of indictments before trial or judgment.... 2774
[Repealed.]

Title V. Of trials for offences; bills of exceptions; and other
proceedings incident to trial...
[Repealed.]

Title VI. Of judgments; the mode of enforcing them; and of

writs of error thereon........

ing them.

Article 1.—Of judgments; the evidence thereof, and the mode of enforc

.....

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Article 2.-Of writs of error on judgments, and certioraris in criminal cases. 2776 [Repealed.]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

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Article 2.-Of the outlawry of persons convicted of treason........

742

742

2776

744

2777

745

749

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

inal cases.....

2778

CHAPTER III.

353

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

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Article 1.-Designation of the several county prisons, and provisions con-
cerning their management.....
Article 2.-Of the inspection of county prisons, and the discharge and de-
livery of prisoners confined, therein.....

Title II. Of the State prisons...

....

...

Article 1.-Of the custody and government of State prisons; the officers
connected therewith, and their powers, duties and compen-
sation.

2793

2809

Article 2.-Regulations concerning the labor of convicts, and making of contracts for their employment and support...... Article 3.-Regulations concerning the disposition, treatment and conduct of prisoners... Article 4.-Spécial provisions relative to one or more of the State prisons. 2818 Title III.-General provisions applicable to all the prisons treated

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of in this chapter......................
Title 3.-Additional provisions relating to county and State
prisons, including penitentiaries and the State
reformatory..............

2826

Title 3.-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 30.-Of houses of refuge for juvenile delinquents and

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

REVISED STATUTES

OF THE

STATE OF NEW
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 I. 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.

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The people, original

lands in

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.

SECTION 1. The people of this state, in their right of sovereignty,

are deemed to possess the original and ultimate property in and to owners of 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 NY, 467; the people.

this state.

9 N. Y., 319;

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.

To hold escheated land sub

to trusts, How trusts, &c.,

[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 ject, &c. 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.

executed.

27 Barb.,

149; 42 N.

Y., 181.

All lands allodial.

ures abol

§ 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 their incidents, are abolished.

ished.

42 N. Y.,
182; 6 N.

Y., 467, 510;
27 Barb.,
149; 8
Barb., 28.
Certain

rights, &c.,

not to be affected.

[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 guardians

[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

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 rela15Wend., tive of full age, not being under any legal incapacity; and as be

633; 63

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