PART L Titles of re- Saving clause. Rights of native Indians. Real estate. Aliens who acquired deed or mortgage, heretofore made by such naturalized citizen, are hereby confirmed. 3 S. S. C., 79; 10 W., 9. S2. Any alien, who, being at the time an actual resident of the United States, may have heretofore purchased and taken a conveyance of any such lands or real estate, or to whom they 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; and any such alien who may hereafter purchase and take a conveyance of any such lands or real estate, or to whom the same may be devised, or to whom the same would descend if he were a citizen, and who have already filed or shall within one year from the passage of this act, or within one year from the time of such purchase, devise or descent cast, file the deposition or affirmation specified in the fifteenth section, article second, chapter first, part second, of the Revised Statutes, may hold or convey such land or real estate during the term of five years from the passage of this act, in the same manner as if he were a citizen of this state. And any conveyances by deed or mortgage heretofore made by any such alien, is hereby declared in like manner valid. $3. This act shall not affect the rights of the state in any case in which proceedings for escheat have been instituted; nor the rights of any person or persons, whose interest may have become vested in any such lands or real estate. $ 4. Any native Indian may, after the passage of this act, purchase, take, hold and convey lands and real estate in this state, in the same manner as a citizen: and whenever he shall have become a freeholder, to the value of one hundred dollars, he shall be liable on contracts, and subject to taxation and to the civil jurisdiction of the courts of law and equity of this state, in the same manner and to the same extent as a citizen thereof. $ 5. The words "real estate," as used in this act, comprehend equitable as well as legal estate. CHAP. 115. AN ACT to enable resident aliens to hold and convey real estate, and for other purposes. PASSED April 30, 1845, by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. Any alien resident of this state, who has heretofore land before purchased and taken, or may hereafter purchase and take a of conveyance lands or real estate within this state, or to whom any lands or real estate has been or may hereafter be filing depositions. any devised, before making and filing in the office of secretary of CH. XXIV. state, the deposition or affirmation in writing, specified in the fifteenth section of the first title in the first chapter of the second part of the Revised Statutes, may, on making and filing such deposition or affirmation, hold the real estate granted, conveyed or devised to such alien, in the same manner and with the like effect as if such alien at the time of such grant, conveyance, or devise, were a citizen of the United States. 5 N. Y., 136; 28 B., 328; 2 H., 67. the wives $2. The wife of any alien resident of this state, who has Rights of heretofore taken by conveyance grant or devise, any real of aliens. estate, and become seized thereof, and who has died before the passing of this act, and the wife of any alien resident of this state, who may hereafter take by conveyance, grant or devise, any real estate within this state, shall be entitled to dower therein, whether she be an alien or citizen of the United States; but no such dower shall be claimed in lands granted or conveyed by the husband before this act shall take effect. dower of women. $3. Any woman being an alien, who has heretofore mar- Right of ried, or who may hereafter marry a citizen of the United alien States, shall be entitled to dower in the real estate of her husband, within this state, as if she were a citizen of the United States. 3 D., 229; 21 W., 59; 16 W., 617; 10 W., 379. deceased estate. $ 4. If any alien resident of this state who has purchased Heirs of and taken, or hereafter shall purchase and take a conveyance aliens capaof real estate within this state, has died, or shall hereafter ble of tak ing and die, leaving persons, who, according to the statutes of this holding real state, would answer the description of heirs of such deceased alien, such persons so answering the description of heirs to such deceased alien, whether they are citizens or aliens, are hereby declared and made capable of taking and holding, and may take and hold as heirs of such deceased alien, as if they were citizens of the United States, the lands and real estate owned and held by such alien at his death, in the like manner and with the effect as if such alien at his death were a citizen of the United States; but if any of the persons answering the description of heirs to such alien, are males of full age, they shall not hold the real estate hereby made descendible to them as against the state, unless they are citizens of the United States, or, in case they are aliens, unless they make and file in the office of the secretary of state the deposition or affirmation mentioned in the first section of this act. 5 D., 550. convey. $5. Any resident alien of this state who has purchased and Effect of taken a conveyance, or who shall purchase and take a con- ances by veyance of real estate within this state, and has died or shall aliens who die after having devised or conveyed the same, the devisee or die. PART I grantee of such real estate may take and hold, and is hereby declared capable of holding the real estate so granted or devised, whether such grantee or devisee be a citizen or alien, according to the nature and effect of such grant or devise; but no devisee or grantee of full age who is an alien, shall hold such real estate as against the state, unless he make and file in the office of the secretary of state the deposition or affirmation mentioned in the first section of this act. Aliens who file deposi tions may grant and estate. S6. Any resident alien who has purchased and taken by deed or devise any real estate within this state, or who may devise real hereafter purchase and take by deed or devise any real estate within this state, and who has made and filed, or shall make and file in the office of the secretary of state, the deposition in the first section of this act mentioned, may grant and devise such real estate to any citizen of the United States, or to any alien resident of this state, in the same way and to the like effect, and to and for the same purposes as if such alien were a citizen of the United States; but no resident male alien of full age shall hold any lands so granted or devised to him as against the state, unless he make and file in the office of secretary of state the depositon or affirmation in the first section of this act mentioned. Alien women may hold land of husbands. $7. Every woman being an alien and resident of this state, is hereby declared to be, and is hereby made capable by the will of taking and holding real estate under the will of her husband, or of any person capable of devising any real estate, and she is hereby declared to be and is hereby made capable of executing any and every power in respect to the real estate devised to her, and which may lawfully be created, the same as if she were a citizen of the United States. Marriage settlements. Former devises, by aliens, confirmed. 8. Every woman being an alien and resident of this state, is hereby declared to be and is made capable of taking any and every beneficial interest or estate in any lands or real estate within this state, which has been or may be created in her favor, or for her benefit in any marriage settlement, or in any will or devise made by her husband, or of any person capable of devising real estate, subject to all the provisions of law, regulating the creation of uses and trusts. S9. Every grant, devise, demise, lease or mortgage of grants, &c., any lands within this state, heretofore made and executed in due form of law by an alien to any citizen of this state, or to any resident alien capable of taking and holding any real estate, or any beneficial interest therein within this state, or which may hereafter be made and executed by any resident alien capable of taking and holding real estate within this state, to any citizen of this state, or to any resident alien capable of taking and holding real estate, or any beneficial interest therein; and all rents reserved or hereafter reserved on any such lease or demise, and all lawful covenants, and conditions in any such lease or demise, are hereby confirmed, CH. XXIV. filing alien tions. and shall be deemed and taken to be as valid and effectual, as if made by or between citizens of this state. $10. All proceedings to recover lands held by a resident Effect of alien, by reason of his alienage, shall be suspended, on his deposi filing in the office of the secretary of state the deposition or affirmation mentioned in the first section of this act, and on payment of the costs and charges of such proceedings, up to the time of serving a certified copy of such deposition or affirmation on the attorney-general of this state. clause. $ 11. This act shall not affect the rights of this state in any Saving case in which proceedings for escheat have been or shall before the making and filing the deposition or affirmation in the first section of this act mentioned, be commenced or the rights of any person or persons whose interests may have become vested in any such lands or real estate; but all proceedings commenced or hereafter commenced to recover lands, as for an escheat, held by resident alien, shall be subject to the provisions of the last preceding section. aliens who $12. Every alien who shall hold any real estate by virtue Duties of of any of the foregoing provisions, shall be subject to duties, hold real assessments, taxes and burthens, as if he were a citizen of estate. the United States; but shall be incapable of voting at any election, or of being elected or appointed to any office, or of serving on any jury. Statutes. 13. The provisions of section nineteen, of title one, chap- Revised ter first, part second of the Revised Statutes, are hereby made applicable to this act, and all the provisions of title twelve, chapter nine, part first of the Revised Statutes, inconsistent with the provisions of this act, are hereby repealed. $ 14. The act entitled "An act concerning escheats," Repeal. passed April 29, 1833, and the act therein referred to, entitled "An act concerning escheats, and to derive a revenue therefrom," passed April 26, 1832, are hereby repealed. clause. 15. Nothing herein contained shall prejudice the rights Saving bona fide acquired by purchase or descent, without notice before this act shall take effect. CHAP. 576. AN ACT to extend the provisions of chapter one hundred and fifteen of the Laws of eighteen hundred and fortyfive, in relation to aliens. PASSED April 15, 1857. The People of the State of New York, represented in Senato and Assembly, do enact as follows: $1. The several provisions of the act entitled "An act to enable resident aliens to hold and convey real estate, and for other purposes," passed thirtieth of April, eighteen hundred PART I. Depositions. Commissioners of emigration. Appoint ment and tenure of office. and forty-five, are hereby extended and applied to any such grant, demise, devise, lease or mortgage which are enumerated in said act, and which have been heretofore made, and shall be as effectual to pass the title thereto as though the persons by, from, or through whom the title shall have so passed, had been citizens of the United States, and as though the several provisions of said act had been as they hereby are re-enacted. The deposition or affirmation required to be made in the first section of the act hereby extended, shall be made and filed in the office of the secretary of state, within two years from the time when this act shall take effect, and if any person who, according to the provisions of the act hereby re-enacted and extended, is required to make and file in the office of the secretary of state the deposition or affirmation herein mentioned, shall neglect or omit to make and file the same within the time herein limited, he or she so neglecting or omitting to make and file such deposition or affirmation, shall not be entitled to the benefit of this act. CHAPTER XXV. CHAP. 195. AN ACT concerning passengers in vessels coming to the city of New York. PASSED May 5, 1847; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows : [For Sec. 1 see Laws of 1851, ch. 523, Sec. 3.] $4. Gulian C. Verplanck, James Boorman, Jacob Harvey, Robert B. Minturn, William F. Havemeyer and David C. Colden, are hereby appointed commissioners, for the purpose of carrying into effect the intent and provisions of this act, of whom the said Gulian C. Verplanck and James Boorman shall constitute the first class, and shall hold their office two years; the said Jacob Harvey and Robert B. Minturn shall constitute the second class, and hold their office four years; and the said William F. Havemeyer and David C. Colden shall constitute the third class, and hold their office for six years; and upon the expiration of their several terms of office their places shall be filled by appointments, to be made by the Governor, by and with advice and consent of the Senate, and the persous so appointed shall respectively hold their offices for the term of six years. The mayor of the city of New York, the |