New Brunswick. - Acknowledgments of deeds and other instruments may be taken within the province, by a judge of a court of record; registrar; notary public. Without the province and within the British dominions, by a judge of the high court of Great Britain or Ireland, judge or lord of session in Scotland, or judge of any court of supreme jurisdiction in any British colony or dependency; notary public; mayor or chief magistrate of a city, municipality, borough, or town corporate. The handwriting of any such judge is to be authenticated under seal by a notary public. Without the British dominions, by a notary public; mayor of a city or town; governor of any state; British minister, consul, or consular agent. Proof of the execution of any deed may be made by the oath of a subscribing witness before any of the above-named officers, or a commissioner for taking affidavits.

Nova Scotia. - Acknowledgments of deeds and other instruments may be taken within the province, by a judge of the supreme court; registrar; notary public; justice of the peace. Without the province and within the British dominions, by a commissioner to take affidavits without the province; judge of a court of record; mayor of a city; justice of the peace; notary public. Without the British dominions, by a British consul, or any of the above-named officers. Proof of the execution of a deed may be made before any of the above officials by the oath of one of the subscribing witnesses.

Ontario. -Acknowledgments of deeds and other instruments may be taken within the province, by a registrar; justice of the peace; commissioner appointed for that purpose by the courts. Without the province, by a notary public; judge of any court of record; mayor or chief magistrate of any city or town; commissioner of deeds appointed for that purpose; British consul or vice-consul. Proof of all deeds, mortgages, and other instruments, for registration, is made by an affidavit by a subscribing witness before any one of the above officials. One credible person who can read and write will suffice as a witness.

Quebec. - Mortgages and deeds affecting the title of lands held under the French system must be passed before a notary public. Where the lands are held in free and common socage, such deeds may be passed either before a notary, or before two witnesses, one of whom makes affidavit to the signatures, in order to prove their authenticity. Deeds of real property in this province made by parties residing in the United States are valid if executed and acknowledged according to the laws of the locality where made.

ALIENS

An alien, resident or non-resident, may take and hold property, real and personal, either by purchase, descent, or devise, and may dispose of and transmit the same by sale, descent, or devise, in the same manner as a native citizen, in Alabama, Arkansas, Colorado, Florida, Georgia, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Nevada, New Jersey, North Carolina, Ohio, Oregon, Rhode Island, Tennessee, Vermont, Virginia, West Virginia, and Wyoming. The same is true of England and all of the provinces of Canada, except in New Brunswick and Ontario, where there are restrictions on the right of an alien to acquire title to British ships.

Resident aliens may take and hold real estate in California, Connecticut, Iowa, Kansas, Mississippi, Montana, Nebraska, New Hampshire, South Dakota, and Wisconsin. A resident having made bona-fide declaration of his intention to become a citizen of the United States, may hold and transmit realty in Delaware, Indiana, Minnesota, New Mexico, New York, and Washington.

The following are special provisions in certain jurisdictions:

Arizona.- If property descend to an alien, he has 5 years to become a citizen, and take possession of, or sell, the same, provided that treaties of the United States with the nation of the alien do not otherwise direct; and provided that aliens may take and hold by descent from an alien or citizen in the same manner in which citizens of the United States may take by devise or descent within the country of the alien.

California. - No non-resident foreigner can take by succession unless he appear and claim such succession within 5 years after the death of the decedent to whom he claims succession; otherwise, aliens are under no statutory disability.

Connecticut. -Aliens residing in the United States and subjects of France may hold and transmit land; other non-resident aliens may hold and transmit lands for mining and quarrying purposes.

Delaware. -Aliens resident in the United States may inherit real estate.

District of Columbia. - Aliens cannot acquire, hold, or own real estate, or any interest therein, except where the right is secured by existing treaties.

Illinois. - Aliens may acquire property in the same manner as citizens, but must sell real estate within 6 years after acquiring the same if 21 years of age, or within 6 years after becoming 21 years of age, if a minor when lands were acquired. Becoming a citizen within the 6 years relieves from the penalties of the statute.

Indian Territory. -There is no law as to the disposition, transmission, inheritance, or as to acquiring in any way lands and other property, as all lands in the Indian Territory are held in common by the members of the Indian nations.

Indiana. - Aliens, other than those residing in the state, may take and hold land by devise and descent only, and may convey the same within 5 years from the date thereof; and any such land remaining unconveyed at the end of such 5 years shall escheat to the state.

Iowa. - Non-resident aliens or corporations incorporated under the laws of any foreign country, or corporations organized in this country, one-half of the stock of which is owned or controlled by non-resident aliens, are prohibited from acquiring title to or holding any real estate in this state, except as hereinafter provided, save that the widow and heirs and devisees, being non-resident aliens of any alien or naturalized citizen who has acquired real estate in this state, may hold the same by devise, descent, or distribution, for a period of 20 years, and, if at the end of that time such real estate have not been sold to a bona-fide purchaser for value, or such alien heirs have not become residents of this state, such land shall escheat to the state. Provided, that nothing in this act contained shall prevent aliens from having or acquiring property of any kind within the corporate limits of any city or town in the state, or lands not to exceed 320 acres in the name of one person.

Kentucky. - Aliens have the same right to hold and convey real and personal property as citizens of Kentucky have by the laws of the government of which such alien is subject; independent of such laws, they have but a limited right to hold and convey.

Minnesota. -The disability of aliens to acquire and hold real estate does not apply to cases where the right to hold realty is secured by treaties with foreign countries, nor to actual settlers on a farm of not more than 160 acres, nor to lands obtained in good faith by due process of law in the collection of debts, nor to lands acquired by devise and inheritance. No corporation, more than 20 per cent. of whose stock is owned by aliens, can acquire real estate. Aliens may hold not more than six lots in an incorporated city.

Mississippi. - Non-resident aliens shall not acquire or hold land, but may take security thereon for debt, and may purchase for

the enforcement of the security, and may hold thereunder not longer than 20 years, with power to sell in the meantime, or by becoming citizens may hold the land.

Montana. - Aliens may acquire and purchase mines, mining property, concentrating works, and the necessary real estate to be used in connection therewith. Non-resident aliens must claim property within 5 years after the death of the person to whom they claim succession.

Nebraska. - Non-resident aliens are prohibited from acquiring title to real estate, except when taken at sale for collection of debt or to enforce a lien against land. Lands so acquired must be conveyed within 10 years thereafter, or escheat to the state. This disability does not apply to real estate necessary for purposes of erecting and maintaining manufacturing establishments, nor to real estate lying within the corporate limits of cities and towns.

New York. - An alien, who has declared his intention of becoming a citizen and has filed his deposition, may take, hold, convey, and devise real property. If the deposition be filed or such alien be admitted to citizenship, a grant, devise, contract, or mortgage theretofore made to or by him is as valid and effectual as if made thereafter; but no devise to an alien is valid unless he file his deposition or be admitted to citizenship within 1 year after the death of the testator, or, if the devisee be a minor, within 1 year after his majority. If an alien die within 6 years after he has filed his deposition and before he is admitted to citizenship, his widow is entitled to dower; and, if he die intestate, his heirs inherit upon being admitted to citizenship or filing a deposition within 1 year after the death, or, if minors, within 1 year after their majority.

North Dakota. - When a title to real estate is claimed by descent by a person capable at the time of inheriting, it shall be no bar that the father, mother, or other ancestor through whom the descent is derived was an alien.

Pennsylvania. - Aliens may purchase real estate not exceeding 5,000 acres in quantity nor $20,000 in annual value. But an alien may take title to real estate, by devise or descent, from a citizen of the United States to an unlimited amount.

South Carolina. - The constitution of 1895 provides: "It shall be the duty of the General Assembly to enact laws limiting the number of acres of land which any alien, or any corporation controlled by aliens, may own, within this state." The General Assembly of 1896 enacted laws carrying this constitutional provision into effect. No title to real estate shall be invalid on account of the alienage of a former owner.

Texas. - Aliens have as full rights as to ownership of property as are given to citizens of Texas by the country of the alien. They may acquire and hold city or town lots as citizens. An alien taking lands by devise or inheritance has 9 years to sell the same or become a citizen. They may enforce liens on lands, and may own lands, subject to the right of the state to require them to sell in 10 years. The state has never required aliens to sell, and practically aliens have all the property rights of citizens.

Utah. - Aliens may take title to real estate descending to them, but no non-resident alien can take by succession unless he appear and make claim within 5 years after the intestate's death.

Washington. - The ownership of lands by aliens other than those who, in good faith, have declared their intention to become citizens of the United States is prohibited by the constitution of the state, except where acquired by inheritance, under mortgage, or in good faith in the ordinary course of justice in the collection of debts. But these provisions do not apply to lands containing valuable deposits of minerals, metals, iron, coal, or fireclay, and the necessary land for mills and machinery to be used in the development thereof, and the manufacture of the products therefrom. Every corporation, the majority of the capital stock of which is owned by aliens, is considered an alien for the purposes of this constitutional prohibition.

Wisconsin. - A non-resident alien can acquire only 320 acres of land by purchase.