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CH. XXIV.

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.

$ 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.

former act.

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. $ 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 ninetyeigbt, 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, not being 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.

7 N. Y., 305; 13 W., 458. $ 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 sages. 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,

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PART I.

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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 there-
of 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 inoney, 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.

of lands

CHAP. 49.
AN ACT to enable aliens to purchase and hold real

estates within this state, under certain restrictions there-
in mentioned.

PASSED March 26, 1802.
Preamble. 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 where-
as 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,
Purchases S 1. Be it enacted by the People of the State of New York,
alier inharepresented in Senate and Assembly, That all purchases of
itante, lands made or to be made by any alien or aliens who have
valid.

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.

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

Cow., 713; 1 Cow., 89. Aliens may

$ 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.

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gages.

CH. XXIV.

ed 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 derivheretofore 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.

$4. And be it further enacted, That all and every convey- Time for reance or conveyances executed in pursuance of the act, enti- 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.

tended to

$ 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 aliens, &c. 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 exrepresented 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 L

Titles through aliens.

Act of 1902 extended.

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

CHAP. 123.

AN ACT to enable certain persons therein named, to purchase 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 persous 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.

1. Be it enacted 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.

May take by devise

$ 2. And be it further enacted, That all persons authorized or descent. to acquire real estate by purchase by this act, or the act here

by 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.

CHAP. 171.

AN ACT to enable Resident Aliens to hold and convey
Real Estate.

PASSED April 15, 1830.

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

take and

$1. Any resident alien who has purchased and taken a Aliens may conveyance for any lands or real estate within this state, before hold lands. making and filing the deposition or affirmation in writing, required by the provisions of title one of chapter one of the second part of the Revised Statutes of this State, may continue to hold such lands and real estate, in the same manner, and with the like effect as he would have done if such purchase had been made, and conveyance taken after the making and filing of the deposition or affirmation in the said title and chapter specified: But to entitle any such alien to the benefits To file deof the provisions of this section, such alien, at the expiration of one year from the passing of this act, shall have made and filed such deposition or affirmation as is required by the provisions of the aforesaid title; otherwise this section shall be of no force or effect whatever, as it regards such alien.

position.

10 W., 379.

contracts,

S2. Every grant, contract or mortgage, heretofore made Grants, and executed by any such alien, to and with any citizen of the &c. United States, shall be deemed and considered as valid and effectual, as if such grant, contract or mortgage, had been made by a citizen of this state.

4 Ed., 395.

CHAP. 87.

AN ACT to enable resident aliens to hold and convey real

estate.

CH. XXIV.

PASSED April 10, 1843.

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

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firmed in

cases.

$1. Any naturalized citizen of the United States, who Title conmay have purchased and taken a conveyance for any lands or certain real estate within this state, or to whom any such lands or real estate may have been devised, or to whom they would have descended if he had been a citizen at the time of the death of the person last seized, before he was qualified to hold them by existing laws, may continue to hold the same in like manner as if he had been a citizen at the time of such purchase, devise or descent cast; and all conveyances, by

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