TITLE 1. [720] Heirs of convey,&c. manner give, sell, devise or otherwise dispose of any such lands, or any interest therein, without the authority and consent of the legislature of this state, except as herein after provided. [2 R. L., 153, § 1.] 13. The heirs of every Indian to whom land has been granted certain In. for military services rendered during the war of the revolution, dians may shall be and are capable of taking and holding any such lands by descent, in the same manner as if such heirs were citizens of this state, at the death of their ancestors; and every conveyance executed by such patentee, or his heirs, after the seventh day of March, one thousand eight hundred and nine, to any citizen of this state, for any such land, shall be valid, if executed with the approbation of the surveyor-general of this state, to be expressed by an endorsement made on such conveyance and signed by him. Improvements to be paid for Resident aliens may make deposition, c., to be filed, &c. by secreta 20 N. Y.. 320; 1 [2 R. L., 175, § 55.] § 14. If any land so conveyed shall have been occupied or improved, at the time of such conveyance, the occupant, his heirs or assigns, shall be entitled to be paid for the improvements made by them, or either of them, in the manner provided in the second section of the act, entitled "An act concerning lands in the military tract," passed April 8, 1813. [The same.] § 15. Any alien who has come, or may hereafter come into the United States may make a deposition or affirmation in writing before any officer authorized to take the proof of deeds to be recorded, that he is a resident of, and intends always to reside in the United States, ry of state. and to become a citizen thereof, as soon as he can be naturalized, and that he has taken such incipient measures as the laws of the United States require to enable him to obtain naturalization, which shall be certified by such officer, and be filed and recorded by the Secretary of state in a book to be kept by him for that purpose; and such certificate, or a certified copy thereof, shall be evidence of the facts therein contained. [Thus amended by L. 1834, ch. 272.] Edw., 512; 10 Wend., 379; 26 N. Y, 356, 360; 181; 39 N. 42 N. Y., Y, 339;7 Lans., 236; 66 Barb., 374; 1 Abb. Court App. Dec., 276; 81 N. Y., 131; 36 Hun, 230. [L. 1825, 427, §§ 1, 2 and 3.] Entitled thereafter to hold lands; may dispose of them, but § 16. Any alien who shall make and file such deposition, shall thereupon be authorised and enabled to take and hold lands and real estate, of any kind whatsoever, to him, his heirs and assigns forever, and may, during six years thereafter, sell, assign, mortgage, devise and dispose of the same, in any manner, as he might or could do if he were a native citizen of this state, or of the United States, except that no such alien shall have power to lease or demise any real estate, which he may take or hold by virtue of this provision, App. Dec, until he becomes naturalized. not to Wend.. 60 1 Abb. Ct. 276: 1 Edw., 512; 26 N. Y., 356, 360; 10 Wend., 379; 42 N. Y., 181; 39 N. Y., 338; 36 Hun, 230. [The same.] Not to hold viously ac § 17. Such alien shall not be capable of taking or holding any lands pre- lands or real estate, which may have descended, or been devised or quired. conveyed to him previously to his having become such resident, and made such disposition or affirmation as aforesaid. 20 N. Y., 320; 21 Wend., 62; 4 Edw., 407; 7 Lans., 240; 26 N. Y., 356, 360. [The same.] ART. 2. inherit in § 18. When such alien shall die within six years after making and filing such deposition, intestate, leaving heirs inhabitants of Heirs to the United States, such heirs shall take by descent, and hold any certain real estate of which such alien died seised, in the same manner as they would have inherited if such alien had been, at the time of his death, a citizen of this state, [L. 1826, 348, § 2.] case. [721] certain iens may gages and purchase cases. § 19. If any alien shall sell and dispose of any real estate, which On sale of he is entitled by law to hold and dispose of, he, his heirs and lands, alassigns, may take mortgages in his or their own name, as a collateral take mortsecurity for the purchase money due thereon, or any part thereof; may reand such mortgagee, his heirs, assigns or legal representatives, or lands sold any of them, may re-purchase any of the said premises, on any sale in certain thereof made by virtue of any power contained in such mortgage, 20 N. Y., or by virtue of any judgment or decree of any court of law or equity, rendered in order to enforce the payment of any part of such money, and may hold the same premises, in the like manner, and with the same authority, as the same were originally held by such mortgagor. [2 R. L., 542, § 2.] 320. and inca certain § 20. Every alien who shall hold any real estate by virtue of any Liabilities of the foregoing provisions, shall be subject to duties, assessments, pacities of taxes and burthens, as if he were a citizen of this state; but shall aliens. be incapable of voting at any election, or of being elected or appointed to any office, or of serving on any jury. ПL. 1825, 427, § 4.] L. 1798, Chap. 72-An act to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned. Conveyances to aliens valid. SECTION 1. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That all and every conveyance or conveyances, hereafter to be made or executed to any alien or aliens, not being the subject or subjects of some sovereign state or power, which is or shall be, at the time of such conveyance, at war with the United States of America, shall be deemed valid to vest the estate thereby granted, in such alien or aliens; 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 and assigns forever, any plea of alienism to the contrary notwithstanding: Provided always, That it shall not be lawful for any such alien, or the heirs or assigns of any such alien, being aliens, to reserve any rent or service whatsoever, upon any grant, lease, demise or conveyance whatsoever, to be made of any such lands or tenements; and all rents, payments, services or reservations whatsoever, which shall be reserved or made payable in, or by or in consequence of any such grant, lease, demise or conveyance whatsoever, of any such lands or tenements, shall be utterly void and of no effect. 7 N. Y., 305; 28 Barb., 653; 8 Paige, 433; 6 Paige, 448; 5 Paige, 114; 5 Cow., 314, 394; 2 Edw., 585; 1 Edw, 512; 1 Sandf. Ch., 139; 13 Wend., 458, 546; 7 Wend., 367; 4 Wend, 511; 2 Johns. Ch. R., 508; 20 Johns. R., 707; 16 Johns. R., 210; 11 Johns. R., 418; 10 Johns. R., 69, 117, 183; 9 Johns. R., 303; 1 Johns. Ca., 399; 64 N. Y., 262. Such conveyances to be recorded. § 2. And be it further enacted, That all and every deed or deeds, conveyance or conveyances, to be executed in pursuance 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. Limitation. § 3. And be it further enacted, That this act shall be and remain in force for the term of three years from and after the passing thereof, and no longer. L. 1802, Chap. 49-An act to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned. 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 whereas 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 of lands by alien inhabitants, valid. SECTION 1. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That all purchases of lands made or to be made by any alien or aliens who have 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 forever, and to dispose of the same, any plea of alienism to the contrary thereof notwithstanding: Provided, That any purchase hereafter to be made by any such alien, does not exceed one thousand acres. 7 N. Y., 305; 21 Wend., 61; 20 Wend., 230, 336; 16 Wend., 619; 7 Wend., 367; 5 Cow., 713; 1 Cow., 89. Aliens may take mortgages. § 2. And be it further enacted, That in case any alien or 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 Wend., 619. Titles of lands derived from aliens not to be impeached. § 3. 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 or citizens, shall not be questioned 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. Time for recording certain conveyances extended. § 4. And be it further enacted, That all and every conveyance or conveyances executed 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," 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. L. 1804, Chap. 109 – An act for the payment of certain officers of government, and for other purposes. * * * * * * * * * Privileges of act extended to aliens, etc. § 31. And be it further enacted, 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 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. L. 1805, 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." Further extended. SECTION 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 of March, 1802, 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. L. 1807, Chap. 123– An act to enable certain persons therein named, to purchase and hold real estate. Titles through aliens. § 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 persons from or through whom such title may have been derived. L. 1808, 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." Act of 1802 extended. SECTION 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 Wend., 230. May take by devise or descent. § 2. And be it further enacted, That all persons authorized to acquire real estate by purchase by this act, or the act hereby 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 Hill, 67. L. 1819, 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. Effect of former act. SECTION 1. Be it enacted and declared by the People of the State 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 ninety-eight, 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 Wend., 458. Certain aliens may take mortgages. § 2. And be it further enacted, That all and every the mortgage or mortgages of and upon any of the said lands and tenements, which have been or may hereafter be taken by the 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, 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 thereof 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 money, 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. L. 1830, Chap. 171-An act to enable resident aliens to hold and convey real estate. Aliens may take and hold lands; to file deposition. SECTION 1. Any resident alien who has purchased and taken a conveyance for any lands or real estate within this state, before 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 of 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. 10 Wend., 379; 7 Lans., 236; 66 Barb., 374. Grants, contracts, etc. § 2. Every grant, contract or mortgage, heretofore made and executed by any such alien, to and with any citizen of the 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 Edw., 395. L. 1843, Chap. 87-An act to enable resident aliens to hold and convey real estate. Title confirmed in certain cases. SECTION 1. Any naturalized citizen of the United States, who may have purchased and taken a conveyance for any lands or real |