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heretofore made oy the legislature, to persons having discovered mines; nor be construed to give any person a right to enter on, or break up, the lands of any other person, or of the people of this state, or to work any mine in such lands, unless the consent, in writing, of the owner thereof, or of the commissioners of the land-office, when the lands belong to the people of this state, shall be previously obtained.

1 R. L., 125, S 4.

Ejectmont to be brought.


SEC. 1. Attorney-general to bring ejectment for the recovery of escheated lands.

2. Notice of such suits, how published.
3. Contents of such notice.
4. Judgment in ejectment how far conclusive.
5. Special provisions as to place of trial.
6. When part of a lot is escheated residue may be sold.
7. Effect of grants in such cases.
8. Residue to be appraised, &c.

9. Attorney-general to report recoveries to the commissioners of the land-office.
$ 1. Whenever the attorney-general shall be informed, or
have reason to suspect, that the people of this state have title
to any real estate by escheat, he shall cause an action of
ejectment to be brought for the recovery thereof; in which
action, the proceedings shall, in all respects, be similar to those
usually had in other actions of ejectment, except that where
the premises for which the action is brought are not occupied
by any person, and no person shall be known as claiming title
thereto, the supreme court on affidavit of such facts may allow
the suit to be brought as against claimants unknown, and the
declaration and notice shall be served by publishing the same
in such manner and for such time as the court shall direct:
and if no person shall appear in said action, the default of
the claimants unknown shall be entered, and judgment be
rendered thereon.

Laws of 1818, 293, & 2; 1820, 248, & 5; 1830, ch. 320, S 63; 8 B., 195. $ 2. No such action shall be brought to trial, when the lands are occupied, nor shall judgment be taken therein, when such lands are vacant, until three months' notice shall have been published, by order of the commissioners of the land-office, in the state paper, and also in one public newspaper printed in the city of New York, and in one paper printed in the county where the lands shall be situated, or in an adjoining county when there is no paper printed in the county.

Laws of 1818, 293, & 2; 1820, 248, § 5. S 3. Such notice shall state the proceedings which have been had, for the recovery of the said lands, and give a description of the same.

Laws of 1818, 293, S 2; 1820, 248, $ 5. S 4. After any lands recovered in any action against claimants unknown shall have been sold and conreyed under the

Notice to be published.


Claimants unknown.


direction of the commissioners of the land-office, the judgment recovered in such action shall be conclusive upon the title of such lands, and shall bar all persons claiming or to claim the same or any part thereof, except such claimants shall, within five years after the docketing of such judgment, commence their action for the recovery of such lands, subject to the like exceptions in favor of persons within age, insane, or imprisoned, and of married women, as are contained in the statutes of this state regulating the time of commencing actions relating to real property.

Laws of 1830, ch. 320, $ 64. $ 5. Any such action of ejectment, which has been, or may Suit, when hereafter be commenced, to recover any lands situated in the tain cases. military tract, in the several counties of Cortland, Tompkins, Seneca and Oswego, may be tried in either of the counties of Onondaga or Cayuga, whenever the attorney-general, and the attorney for any defendant, shall agree thereto, in writing, which agreement shall be filed in the office of one of the clerks (283) of the supreme court; and every trial of any such action, pursuant to such agreement, shall have the like effect and validity as if such trial were had in the county where such lands are situated.

Laws of 1820, 249, § 8. $ 6. In all cases where proceedings have been or shall Effect of hereafter be had, whereby any part of any lot on the tract

Part set apart for military bounty lands, have been or shall be, by judgment of law, escheated to the people of this state, on account of the death of the original patentee, without heirs, and before a conveyance by such patentee, or for any other cause, which shall in like manner extend to the title of the whole of such lot, the whole and every part of such lot included in the original patent of the same, and which, at the time of such escheat, was not in the actual possession of any person or persons under colour of title, may be sold by the commissioners of the land-office, and granted in the manner provided by law for the sale of the unappropriated lands belonging to this state.

Laws of 1828, 429, 430. S 7. Any such grant shall be presumptive evidence of the Grants title of the people of this state, and of the grantee therein named, but may be rebutted by proof that the premises contained in such grant had not in fact escheated to this state.

Laws of 1828, 429, 430. $ 8. Whenever such proceedings shall have been had, as are Occupants. mentioned in the fifth section of this Title, and a part of a military lot shall have been escheated to the people of this state, for any reason which extends to the title of the whole lot, the commissioners of the land-office may cause the value of the remaining parts of said lot to be appraised as provided in the “ Act for the relief of the occupants of military lands

escheat of

of &



which have escheated to the people of this state," passed April 13th, 1819, and the acts amending the same, notwithstanding the necessary proceedings may not have been had to perfect the title of the people to the same; and the occupants of such parts shall thereupon be entitled to all the privileges and benefits conferred by the said act, and the several acts amending the same.

Laws of 1828, 429, 430. Report. $ 9. The attorney-general shall, from time to time, make

report to the commissioners of the land-office, of all escheated lands recovered by him, in any action of ejectment brought under this Title.

See Laws of 1830, ch. 320; 1831, ch. 116; 1845, ch. 116. Post, vol. 3, P
239; vol. 4, p. 303.

Sec. 1. Real estate forfeited for treason, how recovered.

2. Personal estate so forfeited, how recovered.
3. Writ of enquiry to be issued to the sheriff.

4. Proceedings on such writ and effect thereof. [284)

S 1. Real estates forfeited to the people of this state, upon Real estate. any conviction or outlawry for treason, may be recovered in

the same manner as escheated lands; and for that purpose, all the provisions of the preceding Title, except those contained in the fourth, fifth, sixth and seventh sections, shall be construed to extend to the recovery of estates so forfeited.

1 R. L., 382, $ 6. Personal. S 2. Whenever any personal estate shall be forfeited to the

people of this state, upon any such conviction or outlawry, the attorney-general may sue for and recover the same; and the amount thereof, when recovered, shall be paid into the treasury.

1 R. L., 382, § 6. Writ of $ 3. Whenever he shall deem it necessary, the attorneyinquiry.

general may cause a writ to be issued out of the supreme court, to the sheriff of any courty, to inquire what goods and chattels, any person convicted or outlawed for treason, had at the time of such conviction or outlawry, and to seize and safely keep the same, and return the inquisition into the supreme court, where any person aggrieved thereby; may traverse the same.

1 R, L., 382, § 6. Proceedings there

S 4. If judgment shall be given upon such traverse for the people of this state, or if such inquisition shall not be traversed before the end of the term in which it shall be returned, then a writ shall be issued out of the supreme court to the sheriff, commanding him to sell such goods and chattels, and to bring the monies arising from the sale thereof into court, for the use of the people of this state.

1 R. L., 382, Sr.



Of the Militia, and the Public Defence.

(Took cffect January 1, 1828.)
TITLE 1.- Of the persons subject to military duty.
TITLE 2. — Of the election and appointment of militia officers, and

the tenure of their offices.
TITLE 3.- Of the enrolment of persons subject to military duty.
TITLE 4.— Of the organization, uniform and discipline of the militia.
TITLE 5. — Of the several parades and rendezvous of the militia.
TITLE 6. — Of courts of enquiry, and courts-

TITLE 7.-Of penalties, fines, fees and expenditures.
TITLE 8.– Of the duties of certain staff officers, and of various

matters connected with their respective departments.
TITLE 9.- Miscellaneous provisions of a general nature.
TITLE 10. - Special provisions.

(This chapter is inserted because it has never been, in terms, repealed; but scveral acts have
been passed, apparently covering the whole ground and repealing all laws inconsistent with "
them. See Laws of 1854, ch. 398; 1855, ch. 261 and ch. 536, 1858, ch. 129 and ch. 343; 1862, ch. 477.
Post, vol. 3. P, 245.]

(285) OF THE PERSONS SUBJECT TO MILITARY DUTY. Sec. 1. Persons subject to military duty.

2. Civil officers and others, exempt from military duty.
3. Non-commissioned officers and privates of uniform companies, when to be exempt.
4. Provision for removal from one company to another.
5. Mariners and firemen exempt.
6. Manufacturers and students, when exempt.

7. Persons having scruples of conscience may commute. $ 1. All able bodied free white male citizens between the Persons

liable to ages of eighteen and forty-five years, resident in this state, duty. and not exempted from serving in the militia by the laws of the United States, or of this state, are subject to military duty withiu this state. S 2. In addition to the persons exempted by the laws of the Oficers,

&c., exempt United States, the following persons shall be exempt from military duty:

1. The lieutenant-governor;

2. The members of the legislature, during the term for which they were elected, and the officers thereof during its meeting, and for fourteen days before and after each meeting;

3. The secretary of state, attorney-general, comptroller, treasurer and surveyor-general, and the deputies and clerks in their respective offices;

4. The chancellor, register and assistant register of the court of chancery, judges and clerks of the supreme court, circuit judges, judges and clerks of county courts, surrogates, judges of mayor's courts, and sheriffs;

5. Ministers and preachers of the gospel, teachers in all colleges, and teachers actually employed in academies and common schools;

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6. Officers in the army of the United States;

7. Officers hereafter to be commissioned who shall serve as such in the militia of this state, or in that of any one of the United States, for the space of four years; but no such officer who may have served in the militia of this state, shall be so exempt, unless by his resignation, after such term of service, duly accepted, or in some other lawful manner, he shall have been honorably discharged from his commission.

Laws of 1835, chap. 304. Non-com $ 3. Every non-commissioned officer, musician and private missioned officers, &c., of every uniform company or troop, raised, or hereafter to be

raised, who has heretofore uniformed himself, or shall hereafter uniform and equip himself, and whose term of service in such company or troop, shall have amounted, or shall amount, to fifteen years from the time of his enrolment therein, shall be exempt from military duty, except in cases of insurrection or

invasion. [286] S 4. If any member of such company or troop, who shall Ib. have been regularly uniformed and equipped, shall, upon his

removal out of the beat of such company or troop, or upon the disbandment thereof, enlist into any other uniform company or troop, and uniform and equip himself therefor, and serve in the same; whenever the whole time of his service in such companies or troops, computed together, shall amount to fifteen years, he shall be exempt from military duty, in like manner as if he had served for the whole period, in the company or troop in which he was first enrolled.

Laws of 1825, 412, S 4 & 7; 1835, chap. 304. $ 5. Every person actually employed by the year or season, on board any vessel, or in the merchant service or coasting trade, in this state; all firemen attached to supply engines; and all other firemen, belonging to any company, in any city or village in this state, not exceeding twenty-four in number, attached to a fire engine; unless in cases otherwise specially provided, shall be exempt from military duty, except in cases of war, insurrection or invasion.

Laws of 1825, 412, § 4 & 7; 1835, chap. 304. Manufac S 6. Every person actually employed by the year, month or

season, in any blooming-furnace, or glass factory, shall be exempt from military duty, except in cases of insurrection or invasion.

Laws of 1824, 307, § 1; 1835, chap. 304. Who may

S 7. Every inhabitant of this state of any religious denomicommute.

nation, otherwise subject to military duty, but who, from scruples of conscience, shall be averse to bearing arms, and shall refuse personal military service, shall be exempt therefrom, on paying annually the sum of four dollars for such exemption.

Laws of 1824, 332, $ 6.

Mariners and firemen

turers and students.

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