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CHAP. 74.

AN ACT to amend the act, passed May, 1841, authorizing colleges and other incorporated literary institutions to hold real and personal estate in trust, so as to allow the same to accumulate for certain specific purposes.

PASSED April 21, 1846.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAP. 432.

AN ACT in relation to the accumulation of the income of certain trust funds.

be ac

$1. The income arising from any real or personal property Income granted or conveyed, devised or bequeathed in trust to any cumulated. incorporated college or other incorporated literary institution, for any of the purposes specified in the "Act authorizing certain trusts," passed May 14th, 1840, or for the purpose of providing for the support of any teacher in a grammar school or institute, may be permitted to accumulate till the same shall amount to a sum sufficient, in the opinion of the regents of the university, to carry into effect either of the purposes aforesaid, designated in said trust.

PASSED April 13, 1855; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAP. I.

of income,

$1. If any of the principal of any trust fund actually re- Dimension ceived by any incorporated college, or other incorporated how sup literary institution, or by the corporation of any city or vil- plied. lage, or by the commissioners of common schools of any town, or by the trustees of any school district, under any grant, conveyance, devise or bequest, for any of the purposes for which trusts are authorized under the "Act authorizing certain trusts," passed May fourteenth, one thousand eight hundred and forty, and the act in addition to the act authorizing certain trusts, passed May twenty-sixth, eighteen hundred and forty-one, shall subsequently become diminished from any cause; such diminution may be made up by the accumulation of the interest or income of the principal of such trust fund, in accordance with the directions (if any) contained in the grant, conveyance, devise or bequest of such trust fund; and if no directions for that purpose are contained in such grant, conveyance, devise or bequest, then such diminution may be made up in whole or in part by such accumulation,

PART II

Former acts restricted.

Abolished.

Repeal of
Revised
Statutes.

Re-entry, when and

how to be made.

in the discretion of the trustees of such trust fund; but in no case shall such accumulation be allowed to increase the trust fund, beyond the true amount or value thereof, actually received by the trustees, to be estimated after the deduction of all liens and incumbrances on such trust fund, and of all expenses incurred or paid by the trustees in the collection or obtaining the possession of the same.

CHAP. 396,

AN ACT to repeal chapter ninety-eight of the Laws of eighteen hundred and five, and the subsequent re-enactment thereof.

PASSED April 14, 1860.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. Chapter ninety-eight of the Laws of eighteen hundred and five, passed April ninth, eighteen hundred and five, entitled "An act to amend an act entitled 'An act to enable grantees of reversions to take advantage of the conditions to be performed by lessees,"" and section three of chapter thirtyone of the Revised Laws, passed March nineteenth, eighteen hundred and thirteen, being a re-enactment of said chapter ninety-eight of the Laws of eighteen hundred and five, and section twenty-five of chapter one, title four, part two, of the Revised Statutes, being a further re-enactment of the same, shall not apply to deeds of conveyance in fee made before the ninth day of April, eighteen hundred and five, nor to such deeds hereafter to be made.

32 B., 453, 463, 473.

CHAP. 274.

AN ACT to abolish distress for rent, and for other purposes.

PASSED May 13, 1846.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. Distress for rent is hereby abolished.

14 N. Y., 28.

S2. The twelfth, thirteenth, fourteenth, fifteenth, sixteenth and seventeenth sections of the fourth title of the first chapter of the second part of the Revised Statutes are hereby repealed.

S3. Whenever the right of re-entry is reserved and given to a grantor or lessor in any grant or lease in default of a sufficiency of goods and chattels whereon to distrain for the

satisfaction of any rent due, such re-entry may be made at any time after default in the payment of such rent, provided fifteen days' previous notice of such intention to re-enter, in writing, be given by such grantor or lessor, or his heirs or assigns, to the grantee or lessee, his heirs, executors, administrators or assigns, notwithstanding there may be a sufficiency of goods and chattels on the lands granted or demised for the satisfaction thereof. The said notice may be served personally on such grantee or lessee, or by leaving it at his dwelling house on the premises.

13 N. Y., 303; 2 N. Y., 183; 32 B., 451; 27 B., 110; 21 B., 648; 18 B.,
158; 9 B., 302; 8 B., 502; 2 B., 319; 1 B., 377; 4 D., 374; 3 D., 274.

CHAP. 345.

AN ACT in relation to the rights and liabilities of owners and lessors, and of lessees and occupants of buildings..

PASSED April 13, 1860..

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAPTER II.
Descent.

need not pay rent in

cases.

$1. The lessees or occupants of any building which shall, Tenants without any fault or neglect on their part, be destroyed, or be so injured by the elements, or any other cause, as to be certain untenantable and unfit for occupancy, shall not be liable or bound to pay rent to the lessors or owners thereof, after such destruction or injury, unless otherwise expressly provided by written agreement or covenant, and the lessees or occupants may thereupon quit and surrender possession of the leasehold premises, and of the land so leased or occupied.

CHAP. 547.

AN ACT allowing illegitimate children to inherit real and personal property in certain cases.

CHAP. II.

PASSED April 18, 1855.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

mates may

$ 1. Illegitimate children in default of lawful issue, may Пlegiti inherit real and personal property from their mothers as if inherit legitimate, but nothing in this act shall affect any right or title in or to any real or personal property already vested in the lawful heirs of any person heretofore deceased.

from their mother.

3 Brad., 249.

PART IL

Acknow

ledgments

Powers of attorney in justices' courts.

Fees therefor.

CHAPTER III.

Proof and Recording of Deeds, &c.

$1. Every acknowledgment or proof of a deed or mortgage made or taken before the mayor of either of the cities of Consuls and Philadelphia or Baltimore, or before any consul of the United

before

mayors,

judges of foreign

places.

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.

CHAP. 222.

AN ACT concerning the Proof and Acknowledgment of
Deeds.

PASSED April 23, 1829.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAP. 287.

AN ACT providing for acknowledging Powers of Attorney,
to be used in Justices' Courts.

PASSED April 26, 1831.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. Any written authority to appear by attorney in a justices' court may be acknowledged before any judge of the county courts, justice of the peace or commissioner of deeds; and such authority, purporting to have been so acknowledged, shall be received as prima facie evidence of such authority in any justices' court in this state.

$2. The fee for such acknowledgment shall be twenty-five cents, and the officer shall not take the same unless he shall know the person making it; and the certificate of such acknowledgment shall state that the officer knows such

person.

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CHAP. 279.

AN ACT requiring mortgages of personal property to be filed in the town clerks' and other offices.

PASSED April 29, 1833.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAP. III.

filed.

$1. Every mortgage, or conveyance intended to operate as Chattel a mortgage, of goods and chattels hereafter made, which shall void unless not be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed as directed in the succeeding section of this act.

17 N. Y., 582; 4 N. Y., 598; 3 N. Y., 311; 31 B., 596; 17 W., 495.

where to be

S2. The instruments mentioned in the preceding section How and shall be filed in the several towns and cities of this state led. where the mortgagor therein, if a resident of this state, shall reside at the time of the execution thereof; and if not a resident, then in the city or town where the property so mortgaged shall be at the time of the execution of such instrument. In the city of New York, such instrument shall be filed in the office of the register of said city. In the several cities of this state, other than the city of New York, and in the several towns in this state in which a county clerk's office is kept, in such office; and in each of the other towns in this state, in the office of the town clerk thereof; and such register and clerks are hereby required to file all such instruments aforesaid presented to them respectively for that purpose, and to endorse thereon the time of receiving the same, and shall deposit the same in their respective offices, to be kept there for the inspection of all persons interested.

25 B., 487; 21 B., 202; 16 B., 46; 13 B., 329; 12 B., 678.

§ 3. Every mortgage filed in pursuance of this act shall Every year. cease to be valid as against the creditors of the person making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof; unless, within thirty days next preceding the expiration of the said term of one year, a true copy of such mortgage, together with a statement exhibiting the interest of the mortgagee in the property thereby claimed by him by virtue thereof, shall be again filed in the office of the clerk or register aforesaid, of the town or city where the mortgagor shall then reside.

19 N. Y., 497; 14 N. Y., 72; 13 N. Y., 561; 30 B., 486; 12 B., 534,
678; 8 B., 102; 1 D., 163; 1 H., 473.

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