TITLE 21. true account of all premiums which, during the year ending on the first day of September preceding such report. shall have been received by him or by any other person for nim, or agreed to be paid for any insurance against loss or injury by fire, which shall have been effected by him or agreed to be effected as such agent, or which shall have been procured [15] by him from any individuals or association not authorised as Its penalty aforesaid; and that he will annually, on the first day of February in each year, pay into the treasury of this state, two dollars upon the hundred dollars, and at that rate, upon the amount of such premiums. and condi tion. Penalty. Penalties how collected and applied. Laws of 1824, 340; 1837, ch. 30; 1849, ch. 178. Post, vol. 4, pp. 198, 202. S 5. Every person who shall effect, agree to effect, or procure any insurance specified in the preceding third section of this Title, without having executed and delivered such bond, shall forfeit five hundred dollars, for the use of the poor of the county where the offence shall be committed. $6. The penalties imposed in this Title shall be collected in the name of the people of this state, by the district attorney of the county where the offence shall be committed, for the use of the poor thereof. See Laws of 1829, ch. 336; 1849, ch. 178; 1857, ch. 548; 1858, ch. 255. [The preceding twenty Chapters, constituting the FIRST PART of THE REVISED STATUTES, were finally passed as one Act, by the Senate and Assembly, on the 3d of December, 1827, and were on the same day approved and signed by DE WITT CLINTON, Governor of the State.] 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) TITIK L (718) The People original owners of TITLE 3.- Of estates in dower. 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 escheated land subject to trusts, 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; 31 How. P. R., 78. $ 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 &c. subject, had they descended; and the court of chancery shall &c., execu' have power to direct the attorney-general to convey such ted. 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, 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 abolished. Certain rights, &c., not to be affected. Who to bo guardians 1 R. L., 70, § 2 to 6; 6 N. Y., 467; 27 B., 149. S 4. The abolition of tenures shall not take away or dis charge, 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. S5. 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 en be 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 S8. 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 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. lands. certain ti tles not to be affected by alicnism 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 eştate 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, TITLE 1. 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. Sales, &c., by Indians, 20 J. R., 693. S 12. No Indian residing within this state, can make any prohibited. contract for or concerning the sale of any lands within this state, or in any 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. [720] Heirs of certain In convey, &c. 2 R. L., 153, § 1; 8 Cow., 190; see Laws of 1843, ch. 87; 1847, ch. 486; 1849, ch. 420. Post vol. 4, pp. 389, 391. S 13. The heirs of every Indian to whom land has been granted for military services rendered during the war of the dians may revolution, shall be and are capable of taking and holding any such lands by 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 surveyorgeneral of this state, to be expressed by an endorsement made on such conveyance and signed by him. Improvements to be paid for. Resident aliens may sition, &c., to be filed, &c., by sec 2 R. L., 175, § 55; 15 J. R., 264. S 14. If any land so conveyed shall have been occupied or improved, 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. S 15. Any alien who has come, or who may hereafter come make depo- into the United States may make a deposition or affirmation in writing, before any officer authorised to take the proof of deeds to be recorded, that he is a resident in this state, and intends always to reside in the United States, and to become a citizen thereof, as soon as he can be naturalized, and that he has taken such incipient measures as the laws of the United States require, to enable him to obtain naturalization; which shall be certified by such officer, and be filed and recorded by the secretary of state, in a book to be kept by him for that purpose. And such certificate, or a certified copy thereof, shall be evidence of the facts therein contained. Laws of 1825, 427, § 1, 2 & 3; 1834, ch. 272; 20 N. Y., 320; 1 Ed., 512; 10 W., 379. retary of state. Entitled thereafter to hold lands: may dispose of them, but not to lease. S 16. Any alien who shall make and file such deposition, shall thereupon be authorised and enabled to take and hold lands and real estate, of any kind whatsoever, to him, his heirs and assigns forever, and may, during six years thereafter, sell, assign, mortgage, devise and dispose of the same, in any |