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: CHAP. I. Of Real Property, and of the Nature, Qualities and Alienation of Estates therein. (Took effect January 1, 1830.) TITLE 1. Of the tenure of real property, and the persons capable of holding and conveying estates therein. TITLE 2. Of the nature and qualities of estates in real property, and the alienation thereof. [717] TITLE 1. [718] The People, original owners of TITLE 4. Of estates for years, and at will, and the rights and duties of landlords and tenants. TITLE 5.- Miscellaneous provisions of a general nature. TITLE I. OF THE TENURE OF REAL PROPERTY, AND THE PERSONS CAPA- 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. 2. Escheated land to be held subject to trusts, &c. 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 Superseded by appointment of other guardian. S 1. The people of this state, in their right of sovereignty, are deemed to possess the original and ultimate property in lands in this 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 the people. state. To hold escheated land subject to trusts, &c. 1 R. L., 380, § 2; 9 N. Y., 319; 6 N. Y., 467; 15 B., 94; 8 B., 194; 25 W., 219; 17 W., 312. $ 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 &c., execu- have power to direct the attorney-general 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. How trusts, ted. All lands allodial. 27 B., 149. S3. 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 Feudal ten- nature of their respective estates; and all feudal tenures, of every description, with all their incidents, are abolished. ures abo lished. Certain rights, &c., not to be affected. Who to be guardians 1 R. L., 70, § 2 to 6; 6 N. Y., 467; 27 B., 149. S4. 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 in this state. 27 B., 149. $5. Where an estate in lands shall become vested in an ART. 2. infant, the guardianship of such infant, with the rights, powers of infants and duties of a guardian in soccage, shall belong, 1. 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 relative of full age, not being under any legal incapacity; and as between relatives of the same degree of consanguinity, males shall be preferred. 31 B., 289; 30 B., 635; 7 Cow., 38; 5 Pai., 41; 15 W., 633. owning lands. § 6. To every such guardian, all statutory provisions that [719] are or shall be in force, relative to guardians in soccage, shall Subject to be deemed to apply. 30 B., 635. certain laws. $ 7. The rights and authority of every such guardian shall When sube superseded, in all cases where a testamentary or other perseded. guardian shall 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. SEC. 8. Citizens of U. States capable of holding, &c. lands in this state. 9. Titles of possessors at certain time, not to be affected by alienism. 10. Who capable of aliening lands. 11. Purchases from Indians void, &c. 12. Indians cannot dispose of or contract for, &c. land, except, &c. 13. Heirs of certain Indian patentees, may convey. 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 dispositions of them. 17. Not to hold lands acquired previous. 18. If alien die, his heirs may inherit lands. 19. Aliens may take mortgages on sales of lands. 20. Liabilities and incapacities of aliens holding lands. ble to hold lands. S 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 purchase. $9. No title or claim of any citizen of this state, who was in the actual possession of lands on the twenty-first day of April, one thousand eight hundred and twenty-five, or at any time before, shall be 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. Certain tibe affected tles not to by alienism. ble of alien $ 10. Every person capable of holding lands, (except idiots, Who capapersons of unsound mind, and infants,) seised of, or entitled ing lands. 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; 6 N. Y., 467; 4 N. Y., 15; 21 B., 551; 13 Certain pur $ 11. No purchase or contract for the sale of lands in this chases from state, made since the fourteenth day of October, one thousand void Indians, TITLE 3. Of estates in dower. [718] The People, original owners of TITLE 4. - Of estates for years, and at will, and the rights and duties of landlords and tenants. TITLE 5.- Miscellaneous provisions of a general nature. TITLE I. OF THE TENURE OF REAL PROPERTY, AND THE PERSONS CAPA- 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. 2. Escheated land to be held subject to trusts, &c. 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 other guardian. $1. The people of this state, in their right of sovereignty, are deemed to possess the original and ultimate property in lands in this 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 the people. state. To hold es cheated land subject to trusts, &c. 1 R. L., 380, § 2; 9 N. Y., 319; 6 N. Y., 467; 15 B., 94; 8 B., 194; 25 W., 219; 17 W., 312. § 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 &c., execu- have power to direct the attorney-general 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. How trusts, ted. All lands allodial. 27 B., 149. $ 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 Feudal ten- nature of their respective estates; and all feudal tenures, of every description, with all their incidents, are abolished. ures abolished. Certain rights, &c., not to be affected. Who to be guardians 1 R. L., 70, § 2 to 6; 6 N. Y., 467; 27 B., 149. S4. 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 in this state. 27 B., 149. $5. Where an estate in lands shall become vested in an ART. 2. infant, the guardianship of such infant, with the rights, powers of infants and duties of a guardian in soccage, shall belong, 1. 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 relative of full age, not being under any legal incapacity; and as between relatives of the same degree of consanguinity, males shall be preferred. 31 B., 289; 30 B., 635; 7 Cow., 38; 5 Pai., 41; 15 W., 633. owning lands. $6. To every such guardian, all statutory provisions that [719] are or shall be in force, relative to guardians in soccage, shall Subject to be deemed to apply. 30 B., 635. certain laws. perseded. $7. The rights and authority of every such guardian shall When sube superseded, in all cases where a testamentary or other guardian shall 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. SEC. 8. Citizens of U. States capable of holding, &c. lands in this state. 9. Titles of possessors at certain time, not to be affected by alienism. 10. Who capable of aliening lands. 11. Purchases from Indians void, &c. 12. Indians cannot dispose of or contract for, &c. land, except, &c. 13. Heirs of certain Indian patentees, may convey. 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 dispositions of them. 17. Not to hold lands acquired previous. 18. If alien die, his heirs may inherit lands. 19. Aliens may take mortgages on sales of lands. 20. Liabilities and incapacities of aliens holding lands. ble to hold S 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 purchase. S9. No title or claim of any citizen of this state, who was in the actual possession of lands on the twenty-first day of April, one thousand eight hundred and twenty-five, or at any time before, shall be 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. lands. Certain tibe affected tles not to by alienism. ble of alien S 10. Every person capable of holding lands, (except idiots, who capapersons of unsound mind, and infants,) seised of, or entitled ing lands." 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; 6 N. Y., 467; 4 N. Y., 15; 21 B., 551; 13 Certain pur chases from S 11. No purchase or contract for the sale of lands in this state, made since the fourteenth day of October, one thousand void Indians, |