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INY. S.C.

tween relatives of the same degree of consanguinity, males shall be ART. 2.

Barb., 277 ; preferred.

R. (T. & C.), 92 ; 3 id., 774; 1 Redf., 334; 46 N. Y., 596 ; 56 Barb., 198; 1 Dem., 160 ; 105 N. Y., 560. $ 6. To every such guardian, all statutory provisions that are or

(719)

Subject to shall be in force, relative to guardians in soccage, shall be deemed certain

laws. to apply.

30 Barb.,

635; 56 Barb., 198. § 7. The rights and authority of every such guardian shall be When su. superseded, in all cases where a testamentary or other guardian shall 55 Barb., have been appointed under the provisions of the third title of the Redr., 334;

46 N. Y., eighth chapter of this act.

596; 56 Barb., 198.

ARTICLE SECOND.

OF THE PERSONS CAPABLE OF HOLDING AND CONVEYING LANDS.

SEC. 8. Citizens of U. States capable of holding, etc., lands in this state.
9. Titles of possessors at certain time, of lands not to be affected by alienism,

etc.
10. Who capable of aliening lands.
11. Purchases from Indians since certain time, void, etc.
12. Indians cannot dispose of or contract for, etc., land, except, etc.
13. Heirs of certain Indian patentees, may convey in certain manner.
14. Occupants of lands so conveyed to be paid for improvements.
15. Resident aliens may make certain deposition.
16. Right thereafter to hold lands and make certain dispositions of them.
17. Not to hold lands acquired previous to making such deposition.
18. If alien die within six years, his heirs may inherit lands.
19. Aliens may take mortgages on sales of certain lands, etc.

20. Liabilities and incapacities of aliens holding lands. $ 8. Every citizen of the United States is capable of holding Who capalands within this state, and of taking the same by descent, devise or lands.

26 N. Y., purchase.

356, 360; 7

Lans., 240; 80 N. Y., 171. § 9. No title or claim of any citizen of this state, who was in Certain ti. the actual possession of lands on the twenty-first day of April, one be affected thousand eight hundred and twenty-five, or at any time before, shall be malienbe defeated or prejudiced on account of the alienism of any person through or from whom his title or claim to such lands may have been derived.

§ 10. Every person capable of holding lands, (except idiots, per- Who capasons of unsound mind, and infants,) seised of, or entitled to, any ing lands. estate or interest in lands, may alien such estate or interest at his 4N: Y., 15 pleasure, with the effect, and subject to the restrictions and regula- 5515913

Barb., 147 ; tions provided by law.

R., 441; 26 Wend., 297; 49 Barb., 54; 3 Bosw., 327. (1 R. L., 70, 91, and 74, 9 5.]

§ 11. No purchase or contract for the sale of lands in this state, Certain made since the fourteenth day of October, one thousand seven hun- from In. dred and seventy-five, or which may hereafter be made, with the dians void. Indians in this state, is valid, unless made under the authority and R., 693. with the consent of the legislature of this state. Const., art. 7, 9.12.]

Sales, &o., Í 12. No Indian residing within this state, can make any contract by Indians, for or concerning the sale of any lands within this state, or in any & Cow., 190.

12 How. Pr.

15 Johns. R., 264.

TITLE 1. manner give, sell, devise or otherwise dispose of any such lands, or

any interest therein, without the authority and consent of the legislature of this state, except as herein after provided.

[2 R. L., 153, § 1.) [720) $ 13. The heirs of every Indian to whom land has been granted

of certain In. for military services rendered during the war of the revolution, dians may shall be and are capable of taking and holding any such lands by convey,&c.

descent, in the same manner as if such heirs were citizens of this state, at the death of their ancestors; and every conveyance executed by such patentee, or his heirs, after the seventh day of March, one thousand eight hundred and nine, to any citizen of this state, for any such land, shall be valid, if executed with the approbation of the surveyor-general of this state, to be expressed by an endorsement made on such conveyance and signed by him.

[2 R. L., 175, § 55.] Improve. ments to be

§ 14. If any land so conveyed shall have been occupied or impaid for proved, at the time of such conveyance, the occupant, his heirs or

assigns, shall be entitled to be paid for the improvements made by them, or either of them, in the manner provided in the second section of the act, entitled “An act concerning lands in the military tract,” passed April 8, 1813.

[The same. ] Resident § 15. Any alien who has come, or may hereafter come into the aliens may make de United States may make a deposition or affirmation in writing before position, &c., to be any officer authorized to take the proof of deeds to be recorded, that filed, &c. he is a resident of, and intends always to reside in the United States, ry of state. and to become a citizen thereof, as soon as he can be naturalized, 320 ; 1 and that he has taken such incipient measures as the laws of the Edw., 512; 10 Wend.,' United States require to enable him to obtain naturalization, which Y., 356, 360; shall be certified by such officer, and be filed and recorded by the 131; 39 . secretary of state in a book to be kept by him for that purpose; Y., 338 ;7. and such certificate, or a certified copy thereof, shall be evidence of 66 Barb.. the facts therein contained. [Thus amended by L. 1834, ch. 272.] Court App. Dec., 276 ; 81 N. Y., 131 ; 36 Hun, 230. [L. 1825, 427, 98 1, 2 and 3.]

g 16. Any alien who shall make and file such deposition, shall

thereupon be authorised and enabled to take and hold lands and disposemay real estate, of any kind whatsoever, to him, his heirs and assigns. them, bat forever, and may, during six years thereafter, sell, assign, mortgage, lease. devise and dispose of the same, in any manner, as he might or could 4 Edw., 407; 20 do if he were a native citizen of this state, or of the United States, Wend., 230; 21

except that no such alien shall have power to lease or demise any Webb... real estate, which he may take or hold by virtue of this provision, App, Dec., until he becomes naturalized. Edw., 512; 26 N. Y., 356, 360 ; 10 Wend., 379; 42 N. Y., 181 ; 39 N. Y., 338 ; 36 Hun, 230. [The same.]

§ 17. Such alien shall not be capable of taking or holding any lands pre.. lands or real estate, which may have descended, or been devised or quired. conveyed to him previously to his having become such resident, 20 N. Y.,

20 N. Y..

; .

Entitled thereafter to hold

and made such disposition or affirmation as aforesaid. Wend., 62 ; 4 Edw., 407; 7 Lans., 240 ; 26 N. Y., 356, 360.

[The same.)

Not to hold

320 ; 21

case.

§ 18. When such alien shall die within six years after making ART. 2. and filing such deposition, intestate, leaving heirs inhabitants of Heirs to the United States, such heirs shall take by descent, and hold any certain real estate of which such alien died seised, in the same manner as

[721] they would have inherited if such alien had been, at the time of his death, a citizen of this state, L. 1826, 348, § 2.]

§ 19. If any alien shall sell and dispose of any real estate, which On sale of he is entitled by law to hold and dispose of, he, his heirs and lands, al. assigns, may take mortgages in his or their own name, as a collateral take mortsecurity for the purchase money due thereon, or any part thereof; menetrend and such mortgagee, his heirs, assigns or legal representatives, or lands sold any of them, may re-purchase any of the said premises, on any sale in certain thereof made by virtue of any power contained in such mortgage, 20. N. Y., or by virtue of any judgment or decree of any court of law or equity, rendered in order to enforce the payment of any part of such money, and may hold the same premises, in the like manner, and with the same authority, as the same were originally held by such mortgagor. 2 R. L., 542, § 2.)

$ 20. Every 'alien who shall hold any real estate by virtue of of the foregoing provisions, shall be subject to duties, assessments, pacities of taxes and burthens, as if he were a citizen of this state; but shall aliens. be incapable of voting at any election, or of being elected or appointed to any office, or of serving on any jury.

(L. 1825, 427, § 4.]

320.

any Liabilities

and inca

L. 1798, Chap. 72– An act to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned.

Conveyances to aliens valid. SECTION 1. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That all and every conveyance or conveyances, hereafter to be made or executed to any alien or aliens, not being the subject or subjects of some sovereign state or power, which is or shall be, at the time of such conveyance, at war with the United States of America, shall be deemed valid to vest the estate thereby granted, in such alien or aliens; and it shall and may be lawful to and for such alien or aliens, to have and to hold the same, to his, her, or their heirs and assigns forever, any plea of alienism to the contrary notwithstanding: Provided always, That it shall not be lawful for any such alien, or the heirs or assigns of any such alien, being aliens, to reserve any rent or service whatsoever, upon any grant, lease, demise or conveyance whatsoever, to be made of any such lands or tenements; and all rents, payments, services or reservations whatsoever, which shall be reserved or made payable in, or by or in consequence of any such grant, lease, demise or conveyance whatsoever, of any such lands or tenements, shall be utterly void and of no effect. 7 N. Y., 305; 28 Barb., 653; 8 Paige, 433 ; 6 Paige, 448 ; 5 Paige, 114; 5 Cow., 314, 394 ;

2 Edw., 585; 1 Edw , 512; 1 Sandf. Ch., 139, 13 Wend., 458, 546 ; 7 Wend., 367; 4 Wend, 511 ; 2 Johns. Ch. R., 508 ; 20 Johns. R., 707; 16 Johns. R., 210; 11 Johns. R., 418;

lú Johns. R., 69, 117, 183; 9 Johns. R., 303; 1 Johns. Ca., 399; 64 N. Y., 262. Such conveyances to be recorded. 82. And be it further enacted, That all and every deed or deeds, conveyance or conveyances, to be executed in pursuance of this act, shall be recorded within twelve months after the day of the date of the same, in the secretary's office of this state ; and in default thereof, the grantees named in any such deed or eonveyance, shall be considered in all respects as aliens, and the lands and tenements thereby conveyed shall enure to the use of the people of this state.

Limitation. S 3. And be it further enacted, That this act shall be and remain in force for the term of three years from and after the passing thereof, and no longer.

L. 1802, Chap. 49-An act to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned.

Preamble. WHEREAS many good and industrious persons, being aliens, have emigrated to this state, with an intention to settle and reside therein, and have expended the greater part of their capital in purchasing and improving real property; and whereas such emigrations have tended to promote as well an improvement in the agriculture as the manufactures of the state, and it is deemed just and right not only to protect the property which they have acquired, but also to encourage others to settle and reside within this state, by enabling them to purchase and hold real property : Therefore,

Purchases of lands by alien inhabitants, valid. SECTION 1. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That all purchases of lands made or to be made by any alien or aliens who have come to this state and become inhabitants thereof, shall be deemed valid to vest the estate to them granted; and it shall and may be lawful to and for such alien or aliens, to have and to hold the same to his, her or their heirs or assigns forever, and to dispose of the same, any plea of alienism to the contrary thereof notwithstanding: Provided, That any purchase hereafter to be made by any such alien, does not exceed one thousand acres. 7 N. Y., 305; 21 Wend., 61; 20 Wend., 230, 336; 16 Wend., 619; 7 Wend., 367; 5 Cow.,

713; 1 Cow., 89. Aliens may take mortgages. 8 2. And be it further enacted, That in case any alien or aliens shall sell and dispose of any real estate, which by law they are entitled to hold and dispose of, or which they may hereafter hold in virtue of this act, such alien or aliens, his, her or their heirs or assigns, shall and may, and are hereby declared capable of taking a mortgage in his, her or their own name or names, as a collateral security for the purchase money due thereon, or any part thereof. 16 Wend., 619.

Titles of lands derived from aliens not to be impeached. S 3. And be it further enacted, That the title of any citizen or citizens of this state, to any land or lands within this state, heretofore conveyed to such citizen or citizens, and now in the actual possession of such citizen or citizens, shall not be questioned or impeached by reason of the alienism of any person or persons from or through whom such title may have been derived : Provided, That nothing in the said last clause contained, shall extend to the military or bounty lands so called, in the counties of Onondaga and Cayuga.

Time for recording certain conveyances extended. § 4. And be it further enacted, That all and every conveyance or conveyances executed in pursuance of the act, entitled “ An act to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned,” and which have not been recorded agreeably, to the directions of the said act, shall and may be recorded within twelve months after the passing of this act; and the lands thereby conveyed, shall not, in such case, enure or be deemed to enure to the use of the people of this state.

L. 1804, Chap. 109 – An act for the payment of certain officers of govern

ment, and for other purposes.
*

*

* Privileges of act extended to aliens, etc. S 31. And be it further enacted, That all the provisions in favor of aliens, contained in the act, entitled "An act to enable

aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned,” passed the twenty-sixth day of March, one thousand eight hundred and two, shall be, and hereby are extended to all aliens who shall have come to this state, and become inhabitants thereof, at the time of passing this act.

L. 1805, Chap. 25– An act to extend the act, entitled “An act to enable

aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned.”

Further extended SECTION 1. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That all the provisions in favor of aliens, contained in the act entitled “An act to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned," passed the 26th of March, 1802, shall be, and hereby are extended to all aliens who may have come into this state, and become inhabitants thereof, at the close of the present session of the legislature.

L. 1807, Chap. 123– An act to enable certain persons therein named, to

purchase and hold real estate. *

* Titles through aliens. 82. And be it further enacted, That the title of any citizen or citizens of this state, to any land or lands within this state, heretofore conveyed to such citizen or citizens, and now in the actual possession of such citizen, shall not be questioned or impeached by reason of the alienism of any person or persons from or through whom such title may have been derived.

L. 1808, Chap. 175 - An act to extend the act, entitled “An act to enable

aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned.”

Act of 1802 extended. SECTION 1. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That all the provisions in favor of aliens, contained in the act, entitled “ An act to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned,” passed the 26th day of March, one thousand eight hundred and two, shall be, and hereby are extended to all aliens who may have come into this state, and become inhabitants thereof, at the close of the present session of the legislature. 20 Wend., 230.

May take by devise or descent. 82. And be it further enacted, That all persons authorized to acquire real estate by purchase by this act, or the act hereby extended, may also take and acquire by devise or descent: Provided, That nothing herein shall be construed to confer on them any other rights appertaining to natural born citizens, except those of taking, holding, and disposing of real property within this state.

12 N. Y., 376; 2 Hill, 67.

L. 1819, Chap. 25-An act declaratory of the construction and intent of the act, entitled “An act to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned,” and to amend the same.

Effect of former act. SECTION 1. Be it enacted and declared by the People of the State of New York, represented in Senate and Assembly, That all and every the deed and

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