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lected, shall be paid to the county treasurer of the county, for the use of the poor thereof.

See Laws of 1830, ch. 295; 1837, ch. 20; 1830, ch. 243; 1833, ch. 315.



SEC. 1. Insurances by foreigners or their agents, prohibited.

2. Penalty, and application thereof.

3. Premium to be paid by agents of companies of other states.

4. Persons not to act as agents without giving bond.

5. Penalty for making, &c., insurance, without having given bond. 6. Penalties how collected and applied.



surances by

$1. No person, association, or company of persons, residing Certain inin any foreign country, and no incorporation established in a foreigners foreign country, nor any person in behalf of them or any of prohibited. them, shall directly or indirectly make any contract of insurance, or by way of insurance, against loss or injury by fire, upon any house, building or goods, situated or being in this state.

Laws of 1814, 52, ch. 49, §§ 1 & 2.

$2. Whoever shall offend against the foregoing provision, Penalty. shall forfeit one thousand dollars, for the use of the poor of the county where such illegal contract shall be made.

be paid by


of other

$ 3. There shall be paid into the treasury of this state, on Premium to the first day of February in each year, by every person who agents of shall act as agent for any individuals or associations of certain inindividuals not incorporated and authorised by the laws companies. of this state to effect insurances against losses by fire, or states. against marine losses and risks, although such individuals or association may be incorporated for that purpose by any other state, or country, the sum of two dollars upon the hundred dollars, and at that rate upon the amount of all premiums, which, during the year ending on the preceding first day of September, shall have been received by such agent or any other person for him, or shall have been agreed to be paid, for any insurances effected, or agreed to be effected or procured by him as such agent against loss or injury by fire, or against marine losses and risks.

Laws of 1824, 340; 1837, ch. 30.

to be

$4. No person shall, as agent for any individuals or asso- Bond ty ciation, effect or agree to effect any insurances, upon which agents. the duty above mentioned is required to be paid, or as agent or otherwise procure such insurance to be effected, until he shall have executed and delivered to the comptroller a bond to the people of this state, in the penal sum of one thousand dollars, with such sureties as the comptroller shall approve, with a condition that he will annually render to the comptroller, on the first day of February in each year, a just and

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 him, 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 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




how col

Laws of 1824, 340; 1837, ch. 30.

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.

S6. The penalties imposed in this Title shall be collected lected and 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.]






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:


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.




The People, original owners of

TITLE 3.- Of estates in dower.

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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.



ART. 1. Of the tenure of real property.

ART. 2. — Of the persons capable of holding and conveying lands.



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.


To hold escheated

land subject to trusts, &c.

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.

S2. 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 subject, had they descended; and the court of chancery shall &c., execu-' have power to direct the attorney-general to convey such 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.

$ 3. 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.



not to be affected.

1 R. L., 70, § 2 to 6; 6 N. Y., 467; 27 B., 149.

S4. The abolition of tenures shall not take away or disright 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.

Who to be guardians

27 B., 149.

$5. 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.




$ 7. The rights and authority of every such guardian shall When sube superseded, in all cases where a testamentary or other guardian shall have been appointed under the provisions of the third Title of the eighth Chapter of this act.



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 capalands within this state, and of taking the same by descent, devise or purchase.


S9. 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 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.

Certain tibe affected

tles not to

by alienism.

ble of alien

S 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 estate 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
B., 147; 12 How. P. R., 441; 26 W., 297.

Certain pur

chases from

$11. No purchase or contract for the sale of lands in this state, made since the fourteenth day of October, one thousand void


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