pany in Holland, who had theretofore purchased a large tract: all those lands situate, lying, and being in the county of Ontario, and State of New-York, 'beginning at the mouth of the Eighteen Mile or Koghquawgu creek; thence, a line or lines to be drawn parallel to lake Erie, at the distance of one mile from the lake, to the mouth of Cattaraugus creek ; thence, a line or lines extending twelve miles up the north side of said creek, at the distance of one mile therefrom; thence a direct line to the said creek; thence down the said creek to lake Erie; thence along the lake to the first mentioned creek; and thence to the place of beginning. Also, one other piece at Cattaraugus, beginning at the shore of lake Erie, on the south side of Cattaraugus creek, at the distance of one mile from the mouth thereof; thence running one mile from the lake; thence on a line parallel thereto, to a point within one mile from the Connondauweyea creek; thence up the said creek one mile, on a line parallel thereto; thence on a direct line to the said creek; thence down the same to lake Erie; thence along the lake to the place of beginning.'

At Moscow, in the county of Livingston, September 3, 1823, the SENECAS, with the approbation of Commissioners, conveyed to John Greig and Henry B. Gibson, all that tract, piece, or parcel of land, commonly called and known by the name of the Gardeau reservation, situate, lying, and being in the counties of Livingston and Genesee.

At Buffalo Creek, January 15, 1838, the SENECAS conveyed to Thomas L. Ogden and Joseph Fellows, with the approbation of the U. S. Commissioner, and the other tribes of the Iroquois, all those immense tracts known as the Buffalo Creek,

The following Acts of the Legislature relate to Indian lands, and should be examined in connection with the Iroquois cessions and grants: Location on Lands of: Sess. Laws, 1788. Agents to purchase Lands of: idem, 1793. Agreements made with, ratified 1796. Concerning pre-emptions, 1798. Sale of lands, 1799. Act concerning bounty lands granted to for services during the Revolutionary war. Act authorizing the Governor to hold treatics with, 1813. Act relative to the different tribes, 1826. Act in relation to certain tribes, of 1841.

the Cattaraugus, the Alleghany, the Tonawanda, and the Tuscarora reservations. [Vide Sess. Laws, 1838.]

At Buffalo Creek, May 20, 1842, divers questions and differences between the parties to the foregoing, were, by treaty, adjusted, so that the Senecas were left in possession of the Cattaraugus and Allegany reservations. [Sess. Laws, 1842.]

XII. RESERVATIONS AND GUARANTIES OF THE CONSTITUTION.

NEW-YORK adopted her first Constitution April 20, 1777, whilst the war of the revolution was upon us. Whatever might have been sound policy at another day and occasion, it was then deemed unwise to arouse the patroons to arms against the effort that was making to throw off the burthens which Great Britain had imposed on this and other colonies; but on the contrary to extend abundant courtesy and care to such eminent land owners. Hence, it was specially provided in that instrument, that all grants and charters made under the authority of the King of Great Britain, prior to the fourteenth day of October, 1775, should be reserved; and that nothing therein contained should affect any grants of land within this State, made by said King, or any of his predecessors.

The same provisions were carried into the amended Constitution of 1821, and have been preserved in that of 1846, in the following words: "All grants of land within this State, made by the King of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void; but nothing contained in this constitution shall affect any grants of land within this State, made by the authority of the said King or his predecessors, or shall annul any charters to bodies politic or corporate, by him or them made before that day; or shall affect any such grants or charters since made by this State, or by persons acting under its authority, or shall impair the obligation of any debts contracted by this

State, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice." [Section 18 of Art. 1, of New Constitution, in Appendix.]

Although the former Constitutions did not in terms declare the abolition of all feudal tenures, rents and services certain ; nor that the people were possessed of the original and ultimate property in and to all lands within the borders of the commonwealth, they recognized and recited the declaration of independence, and renounced and abjured all foreign authority, as well over lands as the people. In 1846, however, it was deemed politic to make the principle fundamental, and to restrict the terms of leases. Hence the following provi

sions in the present constitution :

"The people of this State, in their right of sovereignty, 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 the people." [Const. of N. Y., Sec. 11 of Art. 1.]

"All feudal tenures, of every description, with all their incidents, are declared to be abolished, saving, however, all rents and services certain, which at any time heretofore have been lawfully created or reserved." [Id., Sec. 12.]

"All lands within this State are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners according to the nature of their respective estates." [Id., Sec. 13.]

"No lease or grant of agricultural land, for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid.” [Id., Sec. 14.]

"All fines, quarter sales, or other like restraints upon alienation, reserved in any grant of land hereafter to be made, shall be void." [Id., Sec. 15.]

Whilst all subsisting leases for terms exceeding twelve

years, and all such as contain reservations of fines, quarter sales, and other similar restraints upon alienation, were vested rights that could not be disturbed, the prevailing discontent amongst the tenants of the several manors, indicated a necessity for the latter provisions, and to which the statutes will doubtless be made to conform.

XIII. LAND TITLES GENERALLY.

THE Constitution of New-York declares all lands within the State to be allodial, and that the entire and absolute property vests in the owners according to the nature of their respective estates. The Statute declares every estate of inheritance a fee simple, or fee; and every indefeasible estate a fee simple absolute, or an absolute fee. [1 R. S., 717.] A fee continues forever, and is transmissible or descendible to heirs. [Wright on Tenures, 148.]

All estates in lands come within one of the four divisions following, viz: First, Estates of inheritance; Second, Estates for life; Third, Estates for years; Fourth, Estates at will. These are subject to the following provisions: "Estates of inheritance, and for life, shall continue to be denominated estates of freehold; estates for years shall be chattels real; and estates at will, or by sufferance, shall be chattel interests, but shall not be liable as such to sale on executions." [1. R. S. 717, Sec. 5.]

Estates of inheritance are defeasible or indefeasible; when they are defeasible they are mortgage interests; and when indefeasible they are termed a fee simple absolute. Estates are also divided with reference to the period of their enjoyment, into estates in possession, and estates in expectancy-the former being where the right to possession is immediate; the latter where the possession is postponed to a future day. Estates in expectancy are divided into future ⚫ estates and reversions-the one being where the estate is limited to commence in possession at a future day, either without the intervention of a precedent estate, or on the determination

by lapse of time, or otherwise, of a precedent estate created at the same time; and the other is the residue of estate left in the grantor or his heirs, or in the heirs of a testator, commencing in possession on the determination of a particular estate granted or devised. Future estates are also divided, and are either vested or contingent--vested when there is a person in being who would have an immediate right to the possession of the lands, upon the ceasing of the immediate or precedent estate; and contingent whilst the person to whom, or the event upon which, they are limited to take effect, remains uncertain. [Id., Sec. 13.]

Successive estates for life cannot be limited except to persons in being at the creation thereof; and in case a remainder shall be limited on more than two successive estates for life, all the life estates subsequent to those of the two persons first entitled thereto are void, and upon the death of those persons, the remainder takes effect the same as if no other life estates had been created. Nor can a remainder be created upon an estate for the life of any other person or persons than the grantee or devisee of such estate, unless such remainder be in fee. If a remainder be created upon an estate in a term for years, it is required to be for the whole residue of such term. When a remainder shall be created upon any such life estate, and more than two persons shall be named as the persons during whose lives the estate shall continue, the remainder takes effect upon the death of the two persons first named, in the same manner as if no other lives had been introduced. Contingent remainders cannot be created on a term of years, except where the nature of the contingency on which it is limited be such that the remainder must vest in interest, during the continuance of not more than two lives, in being at the creation of such remainder, or upon the termination thereof. Estates for life cannot be limited on a term of years, except to a person in being at the creation of such estate. [Id., 719, Sec. 21.]