R. S., Part III- Continued. 619 Title II.-Of security for the payment of costs.............. 621 Title III.—Of the fees of certain officers....... Title 34.–Of the fees of certain officers, and acts allowing sal- aries instead of fees to particular officers......... 2733 650 Title IV.-General provisions concerning the fees of officers, and per- sons to whom any allowance is made for services...... 2747 Of crimes and their punishment.-.. Title 1.–Of crimes punishable with death........ Title II.—Of offiences against the person, punishable by imprison- Title III.—Of offences against property, punishable by imprison- Title IV.–Of offences affecting the administration of justice....... 2750 Title V.–Of offences against the public peace and public morals, and other miscellaneous offences, punishable by im- prisonment in a State prison........ Title VI.—Of offences punishable by imprisonment in a county jail, [Subsequent acts on the same subject ]-... Title VII.-General provisions concerning crimes and their punish- Of proceedings in criminal cases.. Title I.—Of proceedings to prevent the commission of crimes...... 2759 Title II.-Of the arrest and examination of offenders ; their com- mitment for trial; and letting them to bail......... 2759 [Subsequent acts on this subject) Title III.–Of trials for offences before courts of special sessions of [Subsequent acts on this subject.] -- Title IV.-Of indictments and proceedings before trial.............. 2765 R. S., Part IV-Continued. CHAPTER II-Continued. ? R. S. 720 Article 1.-Of the return and summoning of grand juries ; their powers and duties ...... 2765 725 Article 2.-Of indictments and proceedings thereon. 2773 732 Article 3.–Of the removal of indictments before trial or judgment... 2774 [Repealed.] 733 Title V.-Of trials for offences; bills of exceptions; and other proceedings incident to trial...... 2774 [Repealed.] 737 Title VI.-Of judgments; the mode of enforcing them; and of writs of error thereon........ 2775 737 Article 1.–Of judgments; the evidence thereof, and the mode of enforcing them..... 2775 740 Article 2.–Of writs of error on judgments, and certioraris in criminal cases. 2776 (Repealed.] 742 Title VII.—Special proceedings in criminal cases; and miscella neous provisions respecting criminal proceedings.... 2776 742 Article 1.-Of coroners' inquests... 2776 [Repealed.] 744 Article 2.-Of the outlawry of persons convicted of treason... 2777 (Repealed.] 745 Article 3.-Miscellaneous provisions respecting criminal proceedings... 2777 749 Title VIII. Of the fees of officers and ministers of justice in criminal cases.... 2778 ...... 353 CHAPTER III. Of the government and discipline of county and State prisons, and of the conduct and treatment of prisoners therein... 2788 (L. 1847, Chap. 460.) Title 1.-Of the county prisons............... 2788 Article 1.-Designation of the several county prisons, and provisions concerning their management .... 2788 Article 2.-Of the inspection of county prisons, and the discharge and delivery of prisoners confined therein.... 2791 Title II.Of the State prisons........ 2793 Article 1.-Of the custody and government of State prisons; the officers connected therewith, and their powers, duties and compen- 2793 Article 2.-Regulations concerning the labor of convicts, and making of contracts for their employment and support ...... 2809 Article 3. --Regulations concerning the disposition, treatment and conduct of prisoners... ... 2814 Article 4.—Special provisions relative to one or more of the State prisons. 2818 Title III.-General provisions applicable to all the prisons treated of in this chapter..... 2823 Title 34.- Additional provisions relating to county and State prisons, including penitentiaries and the State 2826 Title 3B.—Of the superintendent of State prisons ; the State agent for discharged convicts; and the compen sation of officers connected with the Stale prisons. 2859 Title 3o.- Of houses of refuge for juvenile delinquents and women, and the State industrial school..... 2862 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 • CHAPTER I. OF REAL PROPERTY, AND OF THE NATURE, QUALI. TIES AND ALIENATION OF ESTATES THEREIN. TITLE 1.-OF THE TENURE OF REAL PROPERTY, AND THE PERSONS CAPABLE OF HOLDING AND CONVEYING ESTATES THEREIN. ERTY, AND THE ALIENATION THEREOF. AND DUTIES OF LANDLORDS AND TENANTS. Of the Tenure of Real Property, and the Persons capable of holding and conveying Estates therein. ART. 1.-Of the tenure of real property. ARTICLE FIRST. Sec. 1. People of this state deemed original owners of lands therein. 2. Escheated lands to be held subject to trusts, etc. ; how executed. owners of lands in this state. cheated How All lands The peo SECTION 1. The people of this state, in their right of sovereignty, ple, original are deemed to possess the original and ultimate property in 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 9 N. Y., 319; 6 N. Y., 467; the people. 15 Barb., 94; 8 Barb., 194; 25 Wend., 219; 17 Wend., 312; 31 How. Pr. R., 78; 12 Abb. Pr. R., N. S., 472; 24 Hun, 187; 92 N. Y., 463, 477. [1 R. L., 380, § 2.] To hold es § 2. All escheated lands, when held by the state, or its grantees, land sub- shall be subject to the same trusts, incumbrances, charges, rents, and trusts , &c. services, to which they would have been subject, had they descended; and the court of chancery shall have power to direct the attorneytrusts, &c., executed." general to convey such lands to the parties equitably entitled thereto, 119, 12 N. according to their respective rights, or to such new trustee as may Y., 181. be appointed by such court. $ 3. All lands within this state are declared to be allodial, so that, allodial. Feudal ten- subject only to the liability to escheat, the entire and absolute propures, abol. erty is vested in the owners, according to the nature of their respec42 N. Y., tive estates; and all feudal tenures, of every description, with all 182; 6 N. Y., 467,510; their incidents, are abolished. 27 Barb., [1 R. L., 70, 98 2 to 6.] Barb., 28. Certain § 4. The abolition of tenures shall not take away or discharge, rights, &c., any rents or services certain, which at any time heretofore, have been, affected. 27 Barb., or hereafter may be, created or reserved; nor shall it be construed 149; 6. X., to affect or change the powers or jurisdiction of any court of justice , 510; 8 Barb., 28. in this state. The same. See $$ 11 to 15, inclusive, art. 2, of Constitution.] Who to be § 5. Where an estate in lands shall become vested in an infant, the of infants guardianship of such infant, with the rights, powers and duties of a owning guardian in soccage, shall belong: 31 Barb., 1. To the father of the infant: Barb., 635; 2. If there be no father, to the mother: 7 Cow., 38; 5 Paige, 41; 3. If there be no father or mother, to the nearest and eldest rela353 Wend., tive of full age, not being under any legal incapacity; and as be ; 63 . 149; 8 not to be lands. 289: 30 |
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