"TITLE XVII.— Of dogs."

[S 1. Same as enacted.] Original note. "Parts of the 1st and 2d sections of act of 1826, p. 149. The provisions of that act are in substance like those relating to the county of Richmond, 1 R. L., 170. It is proposed to consolidate them."

[$ 2. Same as enacted.] Original note. "Part of the 2d section of same act; varied so as to make it the duty of the assessors to ascertain the dogs to be taxed, instead of imposing a penalty on the owner for not furnishing a list before called on, in conformity to the general principle of all tax laws, and to avoid the unnecessary multiplication of penalties, which may be innocently incurred.”

IS 3. Same as enacted.] Original note. "Part of 3d section of same act, varied according to the above suggestion, and the penalty increased so as to cover the amount of the highest tax."

[S 4. Same as enacted.] Original note. "2d section rendered more explicit."

IS 5. Same as enacted.] Original note. "5th section of same act, omitting the penalty upon the collector, as by adopting the provisions of the law for the collection of taxes, ample means are afforded to compel the discharge of his duties."

[S 6. Same as enacted.] Original note. "7th section, varied by abridging the time, as it cannot be necessary to wait 30 days after demand; especially as within that time the collector must generally have proceeded."

[S 7, 8, 9. Same as enacted.] Original note to § 9. "Part of 1st section of act to prevent injury by dogs, 1 R. L. 169, combined with part of 6th section of act of 1826."

[S 10, 11. Same as enacted.] Original note. "§ 11 implied in § 6, act 1826, p. 150."

[S 12. Same as enacted.] Original note. "Implied from the 5th and 6th sections, with the addition of the oath of the applicant." [S 14, 15, 16, 17, 18, 19. Same as enacted.] to § 19. "New; proposed instead of giving penalties to common informers." $ 20. Same as enacted.] Original note. "Taken from § 4, act 1826, and extended."

"TITLE XIX. Of brokerage, stock-jobbing, and pawnbrokers."

"ARTICLE I.-Regulations concerning brokers."

[S1 to 5. Same as enacted. 3, reported as varied from existing law, "instead of allowing a suit by a common informer, giving it to the overseers of the poor."]

"ARTICLE II-Of stock-jobbing."

[S 6. Same as enacted.] Original note. "18th section of act to regulate sales by public auction, &c., 2 R. L. 187; omitting wagers, which are provided for in a subsequent section. It is doubtful whether they would not be lawful if the party owned the stock; this, it is conceived, was certainly not the intent of the legislature."

"ARTICLE III-Of pawnbrokers."

[S9. Same as enacted.] Original note. "New. It seems necessary either to regulate the business of pawnbrokers, or to forbid its exercise.

In New York, the municipal authority has the power of licensing and controlling them." Wherever that control cannot be exercised, it cannot be necessary that the business should be carried on. It is more dangerous than any private and single loans at usurious interest, because it relates to articles of small value, and thus tempts apprentices and minors to embezzle property."

[S 10, 11, 12, 13. Same as enacted.] Original note. "It is a source of great complaint by merchants and others, that they cannot trace and follow property in the hands of a pawnbroker, without making oath that such property has been feloniously stolen. This of course they are unable to do, in most instances. These sections have been drawn to reach this evil, and at the same time to protect the pawnbroker."

"TITLE XX. Of unauthorized banking, and the circulation of certain notes or evidences of debt, issued by banks."

LS 1, enlarged as enacted.] Original note. “2d section of act 1813, 2 R. L. 234. The prohibition in the existing law against transacting 'any other business which banks may transact,' is supposed to be more extensive in its terms than could have been contemplated. The object of the legislature doubtless was, to prohibit every species of banking business. That object the Revisers have endeavored to attain by a more precise definition of that business."

[S 2, 3. Same as enacted.] Original note to § 3. "New. It is drawn to remove a doubt which is supposed to exist in the construction of the present act."

[S 4, 5, 6. Same as enacted.] Original note to § 6. "1st section of act 1818, p. 242, varied in conformity to the principles suggested in the note to the first section."

[S 7, 8, 9. Same as enacted.] Original note to § 9. "§ 1, 2, R. L. 234, varied as to common informers."

p.

[$ 10, 11, 12. Same as enacted.] Original note to § 12. "Laws of 1816-17, p. 12, omitting the restriction upon banks against issuing such notes, as being a questionable exercise of power, and varying the language so as to arrive at the supposed intent of the legislature."

[S 13. Same as enacted.] Original note. "The acts of 1813 and 1818 require the suits to be brought by the Attorney General. It is believed that the duties of that office are so numerous, that the district attorneys will be more likely to attend to the collection of these penalties."

"TITLE XXI.

Of insurances on property in this state, made in foreign countries, and by individuals and associations unauthorized by law.” [S1 to 6. Same as enacted.] Original note to § 4. "Part of act 1824, p. 340, extended so as to reach the case of the procuring an insurance which the agent himself does not effect."

PART II.

[See extract from preliminary report as to this Part, in Introduction ante.]

"CHAPTER I."

“OF REAL PROPERTY, AND OF THE NATURE, QUALITIES AND ALIENATION OF ESTATES THEREIN.'

"TITLE I. Of the tenure of real property, and the persons capable of holding and conveying estates therein."

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ARTICLE I. Of the tenure of real property.”

[§ 1. Same as § 1 R. S.]

in 1 R. L. 380, § 2."

Original note. "New in terms, but implied

[S 2. Same as § 2 R. S.] Original note. “By the common law, lands held in trust, if they escheat to the king, are held by him free from the trust, (3 Cruise, 464.) The same doctrine would probably be applied to the people of this state. This severe rule has, in part, been remedied in England, by the act 47 Geo. III. c. 29; and it is presumed that the legislature of this state, will be equally ready to amend the law in this particular."

[S 5. Same as § 5 R. S. except the words after "incapacity," which were added by the legislature.] Original note. "Guardianship in soccage, is of necessity abolished by the abolition of tenures, so that it seems indispensable to declare to whom the guardianship, when no testamentary or other guardian is appointed, shall belong. It has not been thought advisable to adopt the rule of the common law, that the guardianship shall belong to the next of kin, to whom the inheritance could not by possibility descend, not only as the expediency of this rule, in the present state of society, is extremely doubtful, but under the provisions of the revised statute of descents, it would rarely happen that such a relative could be found, or if found, the very remoteness of the propinquity would be a sufficient reason for excluding him from the guardianship."

[S 6. Same as § 6 R. S.] Original note. "The existence of a guardian in soccage, is recognised in § 20, Tit. 3. ch. 8, part 2, and it may be convenient to retain the name as a distinctive appellation."

Original note to § 3 and 4. "The 3d and 4th sections of this Article, are proposed as a substitute for the 2d, 3d, 4th, 5th and 6th sections of the act "concerning tenures," passed Feb. 20, 1787, which are in the following words:

"II. And be it further enacted by the authority aforesaid, That all wardships, liveries, primer seisins and ousterlemains, values and forfeitures of marriage, by reason of any tenure by knights service, and all mean rates, and all other gifts, grants and charges incident or arising for or by reason of wardships, liveries, primer seisins and ousterlemains, shall be, and hereby are declared to be taken away and discharged, from the thirtieth day of August, in the year of our Lord one thousand six hundred and sixty-four: And that all fines for alienations, seizures and pardons for alienations, tenure by homage, and all charges incident or arising for or by reason of wardship, livery, primer seisin, ousterlemain or tenure by knights service, escuage, and also relief, and aid pur file marrier, and pur fair fitz chivalier, and all other charges incident thereunto, shall be, and hereby are likewise declared to be taken away and discharged, from the said thirtieth day of August, in the year of our Lord one thousand six hundred and sixty-four; and that all tenures by knights service, and by knights service in capite, and by soccage in capite, and the fruits and consequents thereof happened, and which shall or may hereafter happen

or arise thereupon or thereby, shall be and hereby are declared to be taken away and discharged, and forever abolished; any law, statute, custom or usage to the contrary thereof in any wise notwithstanding.

III. And be it further enacted by the authority aforesaid, That all tenures of any honors, manors, lands, tenements or hereditaments, or of any estate of inheritance at the common law, held either of the king or of any other person or persons, bodies politic or corporate, at any time before the fourth day of July, in the year of our Lord one thousand seven hundred and seventy-six, are hereby declared to be turned into free and common soccage, to all intents and purposes, and shall be construed, adjudged and deemed to be free and common soccage from the time of the creation thereof, and forever thereafter, and that the same honors, manors, lands, tenements and hereditaments, shall forever hereafter stand and be discharged of all tenure by homage, escuage, voyages royal and charges for the same, wardships incident to tenure by knights service, and values and forfeitures of marriage, and all other charges incident to tenure by knights service, and of and from relief, aid pur file marrier, and aid pur fair fitz chivalier; any law, statute, usage or custom to the contrary in any wise notwithstanding. "IV. And be it further enacted by the authority aforesaid, That all conveyances and devices of any manors, lands, tenements or hereditaments, at any time heretofore made, shall be expounded to be of such effect, as if the same manors, lands, tenements and hereditaments had been then held, and continued to be holden in free and common soccage only; any law, statute, custom or usage to the contrary hereof in any wise notwithstanding.

"V. Provided always, and be it further enacted by the authority aforesaid, That this act, or any thing herein contained, shall not take away, nor be construed to take away or discharge, any rents certain, or other services incident or belonging to tenure in common soccage, due or to grow due to the people of this state, or any mean lord, or other private person, or the fealty or distresses incident thereunto.

"VI. And be it further enacted by the authority aforesaid, That the tenure upon all gifts, grants and conveyances heretofore made, or hereafter to be made, of any manors, lands, tenements or hereditaments, of any estate of inheritance, by any letters patent under the great seal of this state, or in any other manner, by the people of this state, or by the commissioners of forfeitures, shall be and remain allodial, and not feudal, and shall forever hereafter be taken and adjudged to be and continue in free and pure allodium only; and shall be forever discharged of all wardship, value and forfeiture of marriage, livery, primer seisin. ousterlemain, relief, aid pur file marrier, aid pur fair fitz chivalier, rents, renders, fealty and all other services whatsoever; any law, statute, reservation, custom or usage to the contrary hereof in any wise notwithstanding.'

"These sections except the last, which was a new provision, were taken from the English act, for taking away the courts of wards and liveries, and tenures in capite, and by knights service,' &c. (12 Charles II. chap. 24.)

"The day named in our act, (August 30, 1664,) is not the date of the original act, which was passed at a parliament that began on the 25th of April, 1660, and which declared that the military tenures should be deemed to be abolished from the 24th of February, 1645. The day named in our act was the same on which the fort and town of New Amsterdam were surrendered by the Dutch governor Stuyvesant, to Col. Nicolls and the English forces, pursuant to the capitulation of the 27th of August, 1664.

"The legislature of 1787, were engaged in the delicate and difficult task of selecting such English statutes as were proper to be re-enacted in this state, preparatory to the general repeal of the remainder. It is probable that the provisions above quoted, so far as they relate to the ancient military tenures, were re-enacted merely from abundant caution; for it is difficult to perceive any necessity for the formal abolition of tenures and incidents of tenures, which never existed in this colony.

"A stranger to our history would be inclined to suppose, from a purusal of the act of 1787, that the military tenures existed in this colony, prior to the 30th of August, 1664. But it is quite certain that

such was not the fact. Whilst the colony was under the Dutch governments, these tenures, and indeed all feudal tenures, were unknown. In the charter granted by the states general, in 1621, to the West India company, the latter, were empowered 'to enter into contracts and alliances with the princes and natives of the land,' and were required to advance the settlement and encourage the population of the territories they should acquire.' (1 Hazard's Collections, 121.)

"In 1629, the company established a series of privileges and exemptions, in favor of persons who should become settlers in the colony. They provided that any person who should plant a colony of fifty souls, should be deemed a patroon; should be entitled to select lands to a limited extent; and should have an absolute property therein, to be holden of the company as an eternal inheritance, without its ever devolving again to the company.' They also granted to the patroons the liberty of disposing of their inheritances by testa

ment.

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"Under these general provisions the Dutch inhabitants appear to have held their lands entirely free from any feudal incident.

"By the second article of the capitulation of 1664, it was stipulated, that the people should still continue free denizens, and should enjoy 'their lands, houses and goods, wheresoever they are within the country, and dispose of them as they please.' Section 11 is as follows: The Dutch here shall enjoy their own customs concerning their inheritances.' The treaty of Breda, by which the British title to the colony was confirmed, contains no special provision bearing upon this subject.

"The first grant from Charles II. to the Duke of York, bears date the 12th of March, 1664. After describing the premises intended to be granted, the letters patent run as follows: Together with all the lands, islands, soils, rivers, harbors, mines, minerals, quarries, woods, marshes, waters, lakes, fishing, hawking, hunting and fowling; and all other royalties, profits, commodities and hereditaments, to the said several islands, lands and premises belonging and appertaining, with their and every of their appurtenances, and all our estate, right, title, interest, benefit and advantage, claim and demand, of, in, or to, the said lands or premises, or any part or parcel thereof: To have and to hold all and singular the said lands and premises, with their and every of their appurtenances hereby given and granted, or herein be-fore mentioned, to be given and granted, unto our said dearest brother James, Duke of York, his heirs and assigns forever, to be holden of us, our heirs and successors, as of our manor of East-Greenwich, in our county of Kent, in free and common soccage, and not in capite by knight service, yielding and rendering, and the said James, Duke of York, for himself and his heirs and assigns, doth warrant and promise to yield and render unto us, our heirs and successors, of and for the same, yearly and every year, forty beaver skins, when they shall be demanded, or within ninety days after such demand made.'

“The confirmatory letters patent granted to the Duke of York in 1674, have the same clause in the same words.

"Pursuant to these grants, the tenure of lands in the colony of New

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