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PART L

Convey

to

and regulations for the government of said asylum as they may from time to time deem necessary; and said society shall annually, during the month of January, render to the comptroller of the State of New York an exact and minute specification of the purposes to which the moneys appropriated and directed to be disbursed by this act have been applied; also, they shall state the number of persons relieved from said fund, or received into the said asylum for females, the number discharged, the number remaining in said asylum, certified by the president and secretary of the board of counsellors. S5. All acts and parts of acts inconsistent with this act are hereby repealed.

CHAPTER XXIV.

Aliens.

CHAP. 72.

AN ACT to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned.

PASSED April 2, 1798.

$1. Be it enacted by the People of the State of New York, reprealiens valla sented in Senate and Assembly, That all and every conveyance or conveyances, hereafter to be made or executed to any alien or aliens, not being the subject or subjects of some sovereign state or power, which is or shall be, at the time of such conveyance, at war with the United States of America, shall be deemed valid to vest the estate thereby granted, in such alien or aliens; 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 and assigns forever, any plea of alienism to the contrary notwithstanding: Provided always, That it shall not be lawful for any such alien, or the heirs or assigns of any such alien, being aliens, to reserve any rent or service whatsoever, upon any grant, lease, demise or conveyance whatsoever, to be made of any such lands or tenements; and all rents, payments, services or reservations whatsoever, which shall be reserved or made payable in, or by or in consequence of any such grant, lease, demise or eonveyance whatsoever, of any such lands or tenements, shall be utterly void and of no effect. 7 N. Y., 305; 28 B., 653; 8 Pai., 433; 6 Pai., 448; 5 Pai., 114; 5 Cow., 314, 394; 2 Ed., 585; 1 Ed., 512; 1 S. Ch., 139; 13 W., 458, 546; 7 W., 367; 4 W., 511; 2 J. C. R., 508; 20 J. R., 707; 16 J. R., 210; 11 J. R., 418; 10 J. R., 69, 117, 183; 9 J. R., 303; 1 J. Ca., 399.

Such con

$2. And be it further enacted, That all and every deed or berecorded deeds, conveyance or conveyances, to be executed in pursu

to

ance of this act shall be recorded within twelve months after the day of the date of the same, in the secretary's office of this state; and in default thereof, the grantees named in any such deed or conveyance, shall be considered in all respects as aliens, and the lands and tenements thereby conveyed, shall enure to the use of the people of this state.

CII. XXIV.

$3. And be it further enacted, That this act shall be and Limitation remain in force for the term of three years from and after the passing thereof, and no longer.

CHAP. 25.

AN ACT declaratory of the construction and intent of the act, entitled "An act to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned," and to amend the same. PASSED March 5, 1819.

former acts.

$1. Be it enacted and declared by the People of the State of Effect of New York, represented in Senate and Assembly, That all and every the deed and deeds, conveyance and conveyances, of or for any lands or tenements within this state, made to any alien or aliens, in pursuance of the act, entitled "An act to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned," passed the 2d day of April, one thousand seven hundred and ninetyeight, so far forth as relates to any question or plea of alienism, shall be deemed and adjudged valid and effectual to vest all and singular the lands and tenements described in, and intended to be conveyed by such deed or deeds, conveyance or conveyances, in the several grantees therein named, and their heirs and assigns, according to the nature of the estates thereby created, and in such manner as to authorize the said several grantees, and their respective heirs and assigns, being aliens, effectually to give, devise, grant, sell and convey the same, in fee or otherwise, to any other alien or aliens, notbeing the subject or subjects of some sovereign state or power, then at war with the United States of America, any thing in the said act contained, or any plea of alienism to the contrary notwithstanding.

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aliens may

gages.

$ 2. And be it further enacted, That all and every the mort- Certain gage or mortgages of and upon any of the said lands and take mort tenements, which have been or may hereafter be taken by the said grantees, or any of them, in order to secure the whole or any part of the consideration money arising on any sale or sales of the said lands and tenements, or any of them, shall be in like manner valid and effectual; and it shall and may be lawful for the mortgagees therein named, or any of them,

PART L

Preamble.

Purchases of lands by

itants,

valid.

their or any of their heirs or assigns, to re-purchase any of the said lands and tenements, on any sale or sales to be thereof made by virtue of any power contained or to be contained in any such mortgages, or by virtue of any judgment, order or decree of any court of law or equity, rendered or made, or to be rendered or made, in order to enforce the payment of such consideration money, or any part thereof, and to hold the same lands and tenements in like manner, and with the like authority, as is herein before expressed.

CHAP. 49.

AN ACT to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned.

PASSED March 26, 1802.

WHEREAS many good and industrious persons, being aliens, have 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,

$1. Be it enacted by the People of the State of New York, alien inhab represented in Senate and Assembly, That all purchases of lands made 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 bereafter to be made by any such alien, does not exceed one thousand acres.

Aliens may

gages.

7 N. Y., 305; 21 W., 61; 20 W., 230, 336; 16 W., 619; 7 W., 367; 5 Cow., 713; 1 Cow., 89.

$ 2. And be it further enacted, That in case any alien or take mort aliens shall sell and dispose of any real estate, which by law they are entitled 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.

16 W., 619.

CHI. XXIV.

od from

to be im

$3. And be it further enacted, That the title of any citizen Titles of or citizens of this state, to any land or lands within this state, lands deriv heretofore conveyed to such citizen or citizens, and now in the aliens not actual possession of such citizen or citizens, shall not be ques- peached. tioned 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 said last clause contained, shall extend to the military or bounty lands so called, in the counties of Onondaga and Cayuga.

cording cer

veyances

$4. And be it further enacted, That all and every convey- Time for ro ance or conveyances executed in pursuance of the act, entí- tain contled "An act to enable aliens to purchase and hold real estates extended. within this state, 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.

CHAP. 109.

AN ACT for the payment of certain officers of government, and for other purposes.

PASSED April 10, 1804.

of certain

tended to

alicns, &c.

$31. And be it further enacted, That all the provisions in Privileges favor of aliens, contained in the act, entitled "An act to acts exenable 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.

CHAP. 25.

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.

tended.

$1. Be it enacted by the People of the State of New York, Further ex 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

PART I

inhabitants thereof, at the close of the present session of the legislature.

Titles through aliens.

Act of 1302 extended.

May take by devise

CHAP. 123.

AN ACT to enable certain persons therein named, to pur chase and hold real estate.

PASSED April 4, 1807.

$ 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.

CHAP. 175.

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.

S1. Be it cnacted 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.

20 W., 230.

S 2. And be it further enacted, That all persons authorized or descent. 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 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.

12 N. Y.. 376; 2 H., 67.

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