then military officers and soldiers belonging to the Dutch garrison, that would plant, should have fifty acres of land set out for them: And whereas in pursuance of the said articles made on the surrender aforesaid, and in order to invite and encourage people to come and settle in this colony, and improve the same, several letters of denization were given by several governors, setting forth, that the persons receiving the same, had, by virtue of the articles made on the said surrender, and the said letters of denization, privilege and power to purchase, receive, take, have, hold, buy, and possess any lands, tenements or hereditaments, within this government, and them might occupy and enjoy, give, sell, alien and bequeath, as they shall see cause: And whereas for the invitation and further encouragement of people to come and settle in this colony, and in order to quiet the minds of his majesty's subjects then inhabiting the same, Sir Edmond Andross, then governor of this province, under his royal highness, then duke of York, in a proclamation by him emitted the ninth day of November, one thousand six hundred and seventy-four, by command of the said duke, did proclaim and declare, that all former grants, privileges or concessions, before that time granted, and all estates legally possessed by any, under his royal highness, before the late Dutch government, were thereby confirmed, and the possessors, by virtue thereof, to remain in quiet possession of their rights: And whereas for the further quieting the minds of his majesty's subjects of foreign birth, inhabiting this colony, and for the further invitation and encouragement of such as would come, inhabit and improve the same, an act of the general assembly of this province was assented to in the year one thousand six hundred eighty-three, by the then governor, Colonel Thomas Dongan, entitled "An act for naturalizing all those of foreign nations, at present inhabiting within this province, and professing christianity, and for encouragement of others to come and settle within the same," and expressed in the following words, viz: "Forasmuch as several persons of divers foreign nations, professing christianity, now are, and for divers years past have been, actual and settled dwellers and inhabitants within this province, under the allegiance of his majesty of Great Britain, our dread sovereign, and the obedience of his royal highness, and so desire to continue and remain, and be naturalized, and become as his majesty's natural-born subjects:

"Be it enacted by the Governor, Council, and Representatives now assembled, and by the authority thereof, That all and every such person or persons, of what foreign nation soever they be, professing christianity, and that now are actual inhabitants within this province, and have taken or subscribed, or that shall take or subscribe to the oath of allegiance, are, and shall be hereby naturalized, and in all respects be accounted and esteemed as his majesty's natural-born subjects, and shall have and enjoy all such privileges, freedoms and immunities, within this province, as other his majesty's subjects do have or enjoy.

"Provided, Nothing contained in this act is to be construed to discharge or set at liberty any servant, bond-man or slave, but only to have relation to such persons as are free at the making hereof.

"And be it further declared and enacted by the authority aforesaid, That all and every person and persons, foreigners, of what nation soever, professing christianity, that at any time hereafter shall come and arrive within the said province, with an intent to become his majesty's subjects, and to dwell, settle and inhabit accordingly, and take the oath of allegiance to his said majesty, and fidelity to his royal highness the lord proprietor of this province; every such person or persons, may be naturalized by act of assembly, and from thenceforth shall, in all respects be accounted, deemed and esteemed as his majesty's natural born subjects, and shall have and

Foreigners inhabiting this colony

declared

enjoy all such privileges, freedoms and immunities within this province, as other his majesty's subjects have and enjoy."

And whereas, pursuant to the powers granted to the then duke of York, several strangers, willing to become his majesty's subjects, and live under his allegiance, were imported into this province, and did settle in, and improve the same, acquiring to themselves, with the consent and approbation of the government, several lands, tenements and hereditaments : And whereas, on a firm dependance on the public faith, for the inviolable adherence to, and faithful performance of the articles made on the surrender aforesaid, many of the subjects of the high and mighty states of the United Provinces, remained in this colony as his majesty's subjects, and quietly held and enjoyed the lands they were possessed of, and acquired other lands, tenements and hereditaments within the same: And whereas, by the invitations and great encouragements given by the governors of this province, under his then royal highness, and particularly the great encouragement given by the before recited act of assembly, assented to, as aforesaid, great number of protestants of foreign birth did come and settle in this colony, to the great increase of trade and navigation, and considerable improvement of this province: And whereas, by many intermarriages, wills, deeds of sale, and other mesne conveyances in the law, several estates, lands, tenements and hereditaments, formerly possessed by persons of foreign birth or extraction, who settled in this province on the motives before expressed, have been, and are become the possessions, lands, tenements and hereditaments of his majesty's natural-born subjects of his kingdom of Great Britain, or Ireland, or some of the dominions thereunto belonging: Therefore, to render his majesty's subjects secure in the quiet and peaceable enjoyment of their several estates, rights and properties, prevent any doubts, controversies or disputes, that may hereafter arise upon, or concerning the true meaning, intent and validity of the before mentioned powers, granted to the duke of York, the articles made and agreed to on the surrender, the letters of denization, proclamations, invitations and act of assembly, or any of them, and to settle and quiet the minds of his majesty's subjects inhabiting in this colony; we pray that it may be enacted by the governor, council and assembly,

§ 1. And it is hereby enacted by the authority of the same, That all persons of foreign birth, now deceased, inhabiting and being within this cobefore 1683, lony at any time before the first day of November, one thousand six hunnaturalized. dred and eighty-three, and being seised of lands, tenements and hereditaments, shall forever hereafter be deemed, taken, and esteemed to have been naturalized, and entitled to all the rights, privileges, and advantages of any the natural-born subjects of this colony; and all bequests, deeds, grants, and mesne conveyances in the law, made or done by any of them, shall be deemed to be as effectual to all intents and purposes whatsoever, as if they had been done and executed by any of his majesty's naturalborn subjects of this colony; and any person or persons holding any lands, tenements or hereditaments, by, from, or under any such person or persons of foreign birth, shall be deemed to be, and is hereby as fully and rightfully entitled to the same, to every intent and purpose whatsoever, as if such person or persons had held by, from, or under any of his majesty's natural-born subjects of this colony.

And to have of natural

2. And be it enacted by the authority aforesaid, That every person of the privileges foreign birth now alive, and who did inhabit within this colony before the born subjects. said first day of November, in the year of our Lord one thousand six hundred eighty-three, shall forever hereafter be deemed to have been naturalized, and shall enjoy all the rights, privileges, and advantages that any of his majesty's natural-born subjects of this colony do, or of right ought to enjoy; and any devise, bequest, deed, grant, or mesne conveyance in

the law, heretofore made by any such person of foreign birth, shall be as effectual to all purposes and intents whatsoever, as if the same had been done and executed by any of his majesty's natural-born subjects of this colony.

inhabiting

declared

§3. And be it enacted by the authority aforesaid, That all persons of Foreigners foreign birth, who have come and inhabited in this colony, at any time this colony since the said year of our Lord, one thousand six hundred and eighty- since 1683, three, and purchased any lands, tenements or hereditaments, and convey- naturalized. ed the same by mesne conveyances in the law, or died seised of the same, -every such person shall, for ever hereafter, be deemed, taken and esteemed to have been naturalized; and any bequest, deed, grant or other mesne conveyance in the law, made, done or executed by any such person or persons, of foreign birth, as aforesaid, and now dead, shall be deemed, taken and esteemed to be as good, valid and effectual in the law, to all intents, constructions and purposes whatsoever, as if the same had been made, done or executed by any of his majesty's natural born subjects of this colony; and the heirs, grantees, legatces, feoffees, of any such person or persons of foreign birth, as aforesaid, holding any lands, tenements or hereditaments, by, from or under any such person or persons, of foreign birth, shall have, hold, enjoy, possess, occupy and be entitled to the same, as fully and rightfully, as if the said lands or tenements had descended from, or been granted or conveyed by any of his majesty's natural-born subjects of this colony; any law, custom or usage to the contrary hereof, in any wise notwithstanding.

considered

But to take

§ 4. And be it further enacted by the authority aforesaid, That all per- Foreign sons of foreign birth, being protestants, now alive, and inhabiting in this protestants inhabiting colony, shall be, and are hereby declared to be his majesty's natural sub- this colony, jects, and shall enjoy all the rights, privileges, and advantages that any of subjects. his majesty's natural born subjects do, or of right ought to have and enjoy. § 5. Provided always, and it is hereby enacted, That every such per- the oaths sons now alive, shall, within nine months after the publication hereof, within nine take the oaths by law appointed to be taken, instead of the oaths of alle- months. giance and supremacy, subscribe the test, and make, repeat and swear to, and subscribe the abjuration oath, in any of his majesty's courts of record within this colony; which said courts respectively are hereby authorised and required, upon application to them made, to administer the same, and take the subscriptions as aforesaid, and cause the names of the person and` persons so swearing and subscribing, to be entered upon record in the said court; for which every person and persons is hereby required and directed to pay the sum of six shillings, current money of New-York, to the judge of the said courts respectively, and three shillings to the clerk.

oaths.

§ 6. And be it further enacted by the authority aforesaid, That if any Court to give person or persons, having so sworn and subscribed, as aforesaid, shall de- certificate of mand a certificate or certificates of his being entered upon record, in manner aforesaid, the said court or courts are hereby directed and required to grant the same, under the hand and seal of the judge of the said court respectively, countersigned by the clerk of the said court; for which certificate every such person or persons, requiring the same, shall pay, over and above the nine shillings before mentioned, the sum of three shillings; one half to the judge of said court or courts respectively, and the other half to the clerk thereof; which said certificate or certificates shall, at all times, be a sufficient proof of the person or persons being naturalized by this act, as if the record aforesaid were actually produced by them, or any of them.

§ 7. Provided always, and it is hereby further enacted, That in case it Those dyin so happen, any of the persons now alive, of foreign birth above mention

within the

considered

subjects.

nine months, ed, shall depart this life before the term of nine months be expired, or before the publication of this act, every such person so departing this life as aforesaid, shall notwithstanding be deemed and esteemed to have been his majesty's natural subject, as fully as if he or she had been born within this colony, or had taken the oaths aforesaid; any law, custom, or usage to the contrary hereof in any wise notwithstanding.

Preamble.

The county

vide books

ing all mort.

of June, 1754.

An act for preventing frauds by mortgages, which shall be made and executed after the first day of June, in the year one thousand seven hundred and fifty-four. Passed the 12th December, 1753.1

WHEREAS many frauds and abuses have been committed, as well by persons mortgaging their lands, tenements and real estate, and afterwards selling the same lands to other persons, who were ignorant of such mortgages, as by persons mortgaging the same lands several times, without giving notice to the latter mortgagees of the former mortgage or mortgages, whereby many persons have been defrauded of great sums of money: Wherefore, for preventing those evils for the future,

§ 1. Be it enacted by His Honor the Lieutenant-Governor, the Council, clerks to pro- and the General Assembly, and it is hereby enacted by the authority of the for register- same, That immediately, from and after the publication hereof, each and gages made every of the clerks of the several and respective cities and counties within after the first this province, shall provide a fit and proper blank book for the registering of all mortgages of lands, tenements and real estate, lying within their respective cities and counties, which shall be made and executed after the first day of June, in the year one thousand seven hundred and fifty-four; in which register shall be entered the description and boundaries of the lands mortgaged, the names of the mortgagors and mortgagees, and the dates of the respective mortgages, the mortgage money, and the time and times when payable, and the time when registered or recorded; to which register, all persons whatsoever, at proper seasons, may have recourse and search; and for which the said clerks shall have and receive the sum of three shillings, for each mortgage so entered, and one shilling for every search: Provided always, That before any such mortgage shall be so entered in any such register, the same shall be either acknowledged by the parties that executed the same, or proved by one or more of the witnesses thereto upon oath, either before one of his majesty's council for this colony, or one of the justices of the supreme court, or one of the judges of the court of common pleas of the respective cities and counties, where the lands so mortgaged lie.

Proviso.

Priority of mortgage.

§ 2. And be it further enacted by the authority aforesaid, That if any person or persons whatsoever, shall, after the first day of June, one thousand seven hundred and fifty-four, mortgage any lands, tenements or real estate whatsoever, within this colony, to two or more persons at different times, and any doubt or dispute shall arise about the priority of such mortgages; that then and in such case, the mortgage first entered on the register in manner before directed, for the city or county where the lands, tenements or real estates lie, shall be deemed and taken, and is hereby declared and shall be adjudged by all courts of law and equity within this colony, to be the first and prior mortgage; provided it be made bona fide, and upon good and valuable consideration; any law, usage, or custom to the contrary notwithstanding.

(1) 1 Van Schaack, p. 824; 2 Smith & L. p. 19.

§3. And be it further enacted by the authority aforesaid, That the re- Books of spective loan-officers within this colony for the time being, shall permit mortgages. and suffer any person or persons, at seasonable times, to search and view the books of mortgages in their hands and custody, upon their paying one shilling for the said search.

to be minuted

§ 4. And be it further enacted by the authority aforesaid, That whenever Redemption any mortgage or mortgages so entered as aforesaid, shall be redeemed, of mortgages paid off and discharged, the clerks of the respective cities and counties, on application to them made by the mortgagors or persons redeeming, paying off and discharging such mortgages, and producing a certificate to the respective clerks of the respective cities or counties, signed by the mortgagee or mortgagees in such mortgage, his, her or their executors, administrators or assigns, and acknowledged by the party or parties signing the same, or proved by the oath of one or more of the witnesses thereto, either before one of his majesty's council for this colony, or one of the justices of the supreme court, or one of the judges of the court of common pleas of the respective cities and counties where the lands so mortgaged lie, shall, and they are hereby required to enter in the aforesaid book of mortgages, a minute of the said discharge or discharges; which minute so entered, shall be deemed and taken to be, and is hereby declared to be a full, perfect and absolute bar to the first entry of any such mortgage or mortgages; for which entry, the respective clerks shall have and receive the sum of one shilling, and no more.

§ 5. And be it further enacted by the authority aforesaid, That the se- Act to be veral and respective clerks of the peace for the respective cities and read. counties of this colony, shall publicly read this act in the respective courts of sessions of the peace, in open court, at two sessions of the peace, next after the publication of this act, in each respective city and county of this colony.

An act for the more effectual collecting of his Majesty's quit-rents in the colony of New-York, and for partition of lands in order thereto. Passed the 8th January, 1762.1

WHEREAS there are many grants of large tracts of land in this colony, Preamble: (some of which do not mention the number of acres they contain,) which, since the granting thereof, have been subdivided into many shares, and one entire rent reserved for the whole, so that his majesty's receivergeneral cannot know what rent to demand or receive from the respective owners: And other tracts of land within this colony are held by persons residing out of the colony; and no settlements being made upon the land, no distress can be made for the quit-rent reserved and in arrear; which renders it impossible for his majesty's receiver-general to collect and receive his majesty's quit-rents in this colony, regularly and duly, as they ought to be.

[Sections 1, 2, 3, 4 and 5, relate to the collection of quit-rents.]

AND WHEREAS many tracts of land in this colony have been granted to divers persons as joint tenants and tenants in common; and some of those tracts, or parcels thereof, have been divided into lots; and though no legal partition was made, yet the estates of the proprietors, through the infancy of the country, have been deemed to be severed, and the lands so divided have been held as such; the repartition whereof is either impracticable, or would introduce the greatest confusion, stir up innumerable law-suits, disturb ancient possessions, and utterly ruin or impoverish many

(1) 1 Van Schaack, p. 403; 2 Smith & L. p. 237.