An act to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned. Passed March 26, 1802. Sess. 25, Chap. 49.1 WHEREAS many good and industrious persons, being aliens, have Preamble. 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, lands by alien valid, $1. Be it enacted by the People of the State of New-York, re- Purchases of presented in Senate and Assembly, That all purchases of lands made inhabitants, 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 for ever, and to dispose of the same, any plea of alienism to the contrary thereof notwithstanding: Provided, That any purchase provided they hereafter to be made by any such alien, does not exceed one thousand 1000 acres. acres. do not exceed take mort $2. And be it further enacted, That in case any alien or aliens Aliens may shall sell and dispose of any real estate, which by law they are entitled gages." 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. lands derived not to be im are not for $3. And be it further enacted, That the title of any citizen or Titles of citizens of this state, to any land or lands within this state, heretofore from aliens conveyed to such citizen or citizens, and now in the actual possession poached, 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 provided they said last clause contained, shall extend to the military or bounty lands military or bounty lands. so called, in the counties of Onondaga and Cayuga. $4. And be it further enacted, That all and every conveyance Time for reor conveyances executed in pursuance of the act, entitled "An act tain conveyto enable aliens to purchase and hold real estates within this state, ed. 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. (1) 2 R. L. p. 541. W. v. 3, 46. cording cer ances, ex certain acts aliens, &c. An act for the payment of certain officers of government, and for other purposes. Passed April 10, 1804. Sess. 27, Chap. 109.1 Privileges of $31. And be it further enacted, That all the provisions in favor extended to 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. 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." Passed March 2, 1805. Sess. 28, Chap. 25.2 $ 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. An act to enable certain persons therein named, to purchase and hold real estate. Passed April 4, 1807. Sess. 30, Chap. 123. 3 $ 2. 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. 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." Passed April 8, 1808. Sess. 31, Chap. 175.4 $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. $ 2. And be it further enacted, That all persons authorised 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 (1) 2 R. L. p. 542. W. v. 3, 646, § 26. (3) 2 R. L. p. 543. W. v. 5, 141, §2 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. Acts relating to the recording of Conveyances. An act concerning deeds. Passed April 12, 1813. Sess. 36, Chap. 98.1 certain conveyances to dence. $6. And be it further enacted, That the record of any convey- The record of ance relating to any lands or tenements within this state, executed previous to the fourth day of July, one thousand seven hundred and be good eviseventy-six, and acknowledged or proven according to law, and recorded in the office of the clerk of any of the counties within the late colony of New-York, or a copy of such record, certified by any such clerk, shall be evidence in any court of law or equity in the same manner as the original conveyance would be, if produced and proven. April 6, 1801, corded. And the re dence $7. And be it further enacted, That every conveyance or writ- Deeds daly ing, of or concerning any lands or real estate within this state, which proved before hath been acknowledged or proven previous to the sixth day of April, may be re one thousand eight hundred and one, agreeably to any law of this state in force at the time of making any such acknowledgment or proof, and not recorded, shall be entitled to be recorded by the secretary of this state, or the clerk of the county in which the lands described in such deed, conveyance or writing, are situated, and that every deed, conveyance or writing, so acknowledged or proved, whether the same be recorded or not, or the record thereof, or a transcript of such re- cord thereof cord, certified by the said secretary or the clerk in whose office the good evi same may be recorded, under the seal of the court of common pleas of the county whereof he is clerk, may be read in evidence in any court of this state without farther proof thereof: Provided always, That nothing Proviso. in this section contained shall be deemed or taken to extend to deeds, conveyances or writings for lands lying in the western district, in the tract set apart for the officers and troops of this state serving in the army of the United States, which were not deposited with the clerk of the city and county of Albany on or before the first day of May, one thousand seven hundred and ninety-five, in pursuance of the act, entitled "An act for registering deeds and conveyances relating to the military bounty lands," passed the 8th day of January, 1794, and the act to amend the same, passed the 27th day of March, in the year aforesaid, nor to any deeds, conveyances or writings, of or concerning the lands last mentioned, made and executed subsequent to the said Sth day of January, 1794. [This section, so far as it relates to military bounty lands, is repealed by the act of 1814, ch. 5, p. 4, see post; and is further amended by the act of 1820, ch. 245, p. 248, see post.] tain act ro $10. And be it further enacted, That so much of the act, enti- Part of a certled "An act for registering deeds and conveyances relating to the pealed. military bounty lands," passed the 8th day of January, 1794, as provides for the acknowledgment or proof of deeds or conveyances in a Deeds for land in Cattaraugus manner different from the provision of this act, shall be, and the same is hereby repealed, so far as respects conveyances made after the sixth day of April, in the year of our Lord one thousand eight hundred and one. $ 11. And be it further enacted, That until the holding of the first term of the court of common pleas and general sessions of the peace County, &c. in the county of Cattaraugus, all deeds, mortgages, conveyances and writings, whereby any real estate, situated in the said county, may be affected in law or equity, shall be recorded in the clerk's office of the county of Niagara, and that thereafter all such deeds, mortgages, conveyances and writings, shall be recorded in the said county of Cattaraugus. Certain doeds for bounty unless, &e. An act relative to the recording of deeds of lands in the Military tract. Passed February 4, 1814. Chap. 5, p. 4. $1. Be it enacted by the People of the State of New-York, relands not to presented in Senate and Assembly, That no deed, conveyance or be recorded, writing, relating to the title or property of any lands granted by this state, as bounty lands, to the officers and troops of this state who served in the army of the United States, executed on or before the first day of May one thousand seven hundred and ninety-seven, shall hereafter be registered or recorded, unless the same be acknowledged or proved according to the provisions of the first section of the act, entitled "An act concerning deeds," passed the 12th day of April, 1813, any thing in the seventh section of said act, or any law to the contrary notwithstanding. Certain re made valid. An act to establish the boundary line between the counties of Broome and Cortland. Passed April 14, 1815. Chap. 198, p. 200. $3. And be it further enacted, That the record of all title deeds cords of deeds in either of the said counties of Broome or Cortland, respecting real estates, supposed at the time of recording such deed to be in the county in which it was recorded, whether the same is situate in the county in which the deed is so recorded, or in the other county, shall be as good, valid and effectual, as if it had been recorded in the county in which the said lands are situate. Certain deeds or acknowledged. An act in addition to the several acts relative to escheated lands, and for other purposes. Passed April 14, 1820. Chap. 245, p. 248. $3. And be it further enacted, That no deed, conveyance or to be proved writing relating to the title or property of any lands, granted by this state as bounty lands, to the officers and troops of this state, who served in the army of the United States, executed on or before the first day of May, 1797, shall hereafter be read in evidence in any court of this state, unless the same be acknowledged or proved according to the provisions of the first section of the act, entitled "An act concerning deeds," passed the 12th day of April, 1813, any thing in the seventh section of said act, or any law to the contrary notwithstanding. An act concerning the proof and acknowledgment of deeds. § 1. Every acknowledgment or proof of a deed or mortgage made or taken before the mayor of either of the cities of Philadelphia or Baltimore, or before any consul of the United States resident in any foreign port or country, or before a judge of the highest court in Upper Canada or Lower Canada, and certified by them respectively, shall be as valid and effectual as if taken before one of the justices of the supreme court of this state. Act relating to the Interest on Loans made by An act extending the time and continuing in force for a limited period, certain banking incorporations in this state, and for other purposes. Passed April 2, 1813. Chap. 98, p. 105. $3. And be it further enacted, That upon loans to be made by any of the banks within this state, other than to the people of this state, for periods exceeding six months, it shall be lawful for them to demand and receive interest at the rate of seven per centum per annum. Acts relating to Proceedings and Records of the An act concerning the court of chancery. Passed April 10, 1813. $24. And be it further enacted, That all sales and conveyances Certain sales of mortgaged premises, made by any sheriff of any city or county, by sheriffs before the seventh day of April, one thousand eight hundred and six, by virtue of any decree of the said court, or of any writ issuing therefrom, shall be, and the same are hereby confirmed and declared equally valid and effectual in law, as if the same had been made by a master of the said court. An act transferring the records of the court of probates to the office of the register in chancery. Passed April 18, 1829. Chap. 180, p. 279. $1. It shall and may be lawful for the secretary of state to cause to be transferred to the office of the register in chancery, where they shall be deposited and safely kept by the register in chancery, all such papers and records as were deposited in the office of the secretary of state, to be safely kept by him, under the act of the twenty-first of March, one thousand eight hundred and twenty-three, as related to any proceedings heretofore had in the court of probates. (1) 1 R. L. p. 486. |