TITLE 19. Excess may be recovered back. When overseers of poor may recover excess. Discovery, pelled. Discovery, &c., to exonerate from fur alty. § 2. Every person who shall pay, deliver, or deposit any money, property, or thing in action, over and above the rate aforesaid, and his personal representatives may, within one year after such payment, delivery or deposit, sue for and recover the same of the person so taking or receiving such money, property, or thing in action, or of his personal representatives. § 3. In case such suit shall not be brought within the time above prescribed, in good faith, or in case it shall be discontinued, or wilfully delayed, then the overseers of the poor of the city or town where the offence was committed, may, within one year after such neglect, discontinuance, or delay, sue for and recover the money, property, or thing in action, so received, delivered, or deposited, from the person receiving the same, or his personal representatives, for the use of the poor of the county. § 4. Every person who shall be liable to be sued by virtue of the foregoing provisions, shall be obliged and compellable to answer upon oath, any bill that shall be preferred against him in the court of chancery, for discovering the money, property or thing in action so illegally received, and may be compelled by the decree of such court to return the same. § 5. Upon the discovery of the money, property, or other thing so illegally received, and the repayment and return thereof, with the ther pen payment of the costs of such suit, the person making such discovery and return shall be acquitted and discharged from any other punishment, forfeiture or penalty, which he may have incurred by reason of having so illegally received such money, property, or other thing so discovered and returned. ARTICLE SECOND. OF STOCK-JOBBING. [Sections 6, 7 and 8, constituting the whole of this article, were repealed by L. 1858, ch. 134.] L. 1858, Chap. 134– An act to legalize the sale of stocks on time. Contracts valid without payment of price. SECTION 1. No contract, written or verbal, hereafter made, for the purchase, sale, transfer or delivery of any certificate, or other evidence of debt, due by or from the United States, or any separate state, or of any share or interest in the stock of any bank, or of any company incorporated under any law of the United States, or of any individual state, shall be void or voidable for any want of consideration, or because of the non-payment of any consideration, or because the vender, at the time of making such contract, is not the owner or possessor of the certificate or certificates, or other evidence of such debt, share or interest. 28 Barb., 27; 9 N. Y., 520; 5 Sandf., 411; 4 Robt., 403; 20 W. D., 82; 21 W. D., 399. [Section 2 repeals the above mentioned provisions of the Revised Statutes.] [711] ARTICLE THIRD. OF PAWNBROKERS. [This entire article was repealed by L. 1886, ch. 593.] 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- 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. (717) Of the Tenure of Real Property, and the Persons capable of holding and conveying Estates therein. ART. 1.-Of the tenure of real property. 9 N. Y., 319; 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 NY, 467; the people. 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 15 Barb., To hold es cheated land sub ject to 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 trusts, &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, 149; 42 N. according to their respective rights, or to such new trustee as may be appointed by such court. How trusts, &c., executed. 27 Barb., Y., 181. All lands allodial. Feudal ten ures abol ished. 42 N. Y. " 182; 6 N. § 3. All lands within this state are declared to be allodial, so that, 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 Y467, 510; their incidents, are abolished. 27 Barb., 149; 8 Barb., 28. Certain rights, &c., not to be affected. 27 Barb., 166 467, 510; 8 [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 to affect or change the powers or jurisdiction of any court of justice Barb, 28. in this state. Who to be guardians of infants owning lands. 31 Barb., 289; 30 Barb., 635; 7 Cow., 38; 5 Paige, 41; 15 Wend., 633; 63 [The same. See §§ 11 to 15, inclusive, art. 2, of Constitution.] § 5. Where an estate in lands shall become vested in an infant, the guardianship of such infant, with the rights, powers and duties of a 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 rela tive of full age, not being under any legal incapacity; and as be tween relatives of the same degree of consanguinity, males shall be ART. 2. preferred. Barb., 277; 1 N. Y. S. C. R. (T. & C.), 92 ; 3 id., 774; 1 Redf., 334; 46 N. Y., 596; 56 Barb., 198; 1 Dem., 160; 105 N. Y., 560. [719] § 6. To every such guardian, all statutory provisions that are or subject to shall be in force, relative to guardians in soccage, shall be deemed certain to apply. laws. 30 Barb., 635; 56 Barb., 198. perseded. § 7. The rights and authority of every such guardian shall be When susuperseded, in all cases where a testamentary or other guardian shall 55 Barb., have been appointed under the provisions of the third title of the eighth chapter of this act. ARTICLE SECOND. OF THE PERSONS CAPABLE OF HOLDING AND CONVEYING LANDS. 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, 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. 430; 1 Redf, 334; ble to hold § 8. Every citizen of the United States is capable of holding who capa lands within this state, and of taking the same by descent, devise or lands. purchase. 26 N. Y., 356, 360; 7 Lans., 240; 80 N. Y., 171. tles not to ism. § 9. No title or claim of any citizen of this state, who was in Certain tithe 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 by alienbe 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, persons of unsound mind, and infants,) seised of, or entitled to, any estate or interest in lands, may alien such estate or interest at his pleasure, with the effect, and subject to the restrictions and regulations provided by law. [1 R. L., 70, § 1, and 74, § 5.] Who capa ing lands. NY, 15 551; 13 6 N. Y., 467; 21 Barb., Barb., 147; 12 How. Pr. R., 441; 26 Wend., 297; 49 Barb., 54; 3 Bosw., 327. § II. No purchase or contract for the sale of lands in this state, made since the fourteenth day of October, one thousand seven hundred and seventy-five, or which may hereafter be made, with the Indians in this state, is valid, unless made under the authority and with the consent of the legislature of this state. (Const., art. 7, § 12.] § 12. No Indian residing within this state, can make any contract for or concerning the sale of any lands within this state, or in any |