estate within this state, or to whom any such lands or real estate may have been devised, or to whom they would have descended if he had been a citizen at the time of the death of the person last seized, before he was qualified to hold them by existing laws, may continue to hold the same in like manner as if he had been a citizen at the time of such purchase, devise or descent cast; and all conveyances, by deed or mortgage, heretofore made by such naturalized citizen, are hereby confirmed.

3 Sandf. S. C., 79; 10 Wend., 9; 39 N. Y., 389.

Titles of resident aliens for five years. § 2. Any alien, who, being at the time an actual resident of the United States, may have heretofore purchased and taken a conveyance of any such lands or real estate, or to whom they may have been devised, or to whom they would have descended if he had been a citizen at the time of the death of the person last seized; and any such alien who may hereafter purchase and take a conveyance of any such lands or real estate, or to whom the same may be devised, or to whom the same would descend if he were a citizen, and who have already filed or shall within one year from the passage of this act, or within one year from the time of such purchase, devise or descent cast, file the deposition or affirmation specified in the fifteenth section, article second, chapter first, part second, of the Revised Statutes, may hold or convey such land or real estate during the term of five years from the passage of this act, in the same manner as if he were a citizen of this state. And any conveyances by deed or mortgage heretofore made by any such alien, is hereby declared in like manner valid.

Saving clause. § 3. This act shall not affect the rights of the state in any case in which proceedings for escheat have been instituted; nor the rights of any person or persons, whose interest may have become vested in any such lands or real estate.

Rights of native Indians. § 4. Any native Indian may, after the passage of this act, purchase, take, hold and convey lands and real estate in this state, in the same manner as a citizen: and whenever he shall have become a freeholder, to the value of one hundred dollars, he shall be liable on contracts, and subject to taxation and to the civil jurisdiction of the courts of law and equity of this state, in the same manner and to the same extent as a citizen thereof.

Real estate. § 5. The words "real estate," as used in this act, comprehend equitable as well as legal estate.

L. 1845, Chap. 115 – An act to enable resident aliens to hold and convey real estate, and for other purposes.

Aliens who acquired before filing deposition. SECTION 1. Any alien resident of this state, who has heretofore purchased and taken, or may hereafter purchase and take a conveyance of any lands or real estate within this state, or to whom any lands or real estate has been or may hereafter be devised, before making and filing in the office of secretary of state, the deposition or affirmation in writing, specified in the fifteenth section of the first title in the first chapter of the second part of the Revised Statutes, may, on making and filing such deposition or affirmation, hold the real estate granted, conveyed or devised to such alien, in the same manner and with the like effect as if such alien at the time of such grant, conveyance, or devise, were a citizen of the United States.

5 N. Y., 136; 28 Barb., 328; 2 Hill, 67; 42 N. Y., 177; 13 Hun, 306; 81 N. Y., 131. Rights of the wives of aliens. § 2. The wife of any alien resident of this state, who has heretofore taken by conveyance, grant or devise, any real estate, and become seized thereof, and who has died before the passing of this act, and the wife of any alien resident of this state, who may hereafter take by conveyance, grant or devise, any real estate within this state, shall be entitled to dower

therein, whether she be an alien or citizen of the United States; but no such dower shall be claimed in lands granted or conveyed by the husband before this act shall take effect.

26 How. Pr. R., 472, 474; 21 Wend., 59; 20 Wend., 338; 16 Wend., 617; 10 Wend., 379; 1 Abb. Ct. App. Dec., 272; 42 N. Y., 181.

Right of dower of alien woman. § 3. Any woman being an alien, who has heretofore married, or who may hereafter marry a citizen of the United States, shall be entitled to dower in the real estate of her husband, within this state, as if she were a citizen of the United States.

1 Abb. Ct. App. Dec., 273; 3 Denio, 229; 21 Wend., 59; 16 Wend., 617; 10 Wend., 379; 26 How. Pr. R., 472, 474; 42 N. Y., 182; 15 Hun, 399; 57 How. Pr. R., 229.

Heirs or devisees of aliens to inherit; proviso as to male heirs or devisees. § 4. If any alien resident of this state, or any naturalized or native citizen of the United States, who has purchased and taken, or hereafter shall purchase and take, a conveyance of real estate within this state has died, or shall hereafter die, leaving persons who, according to the statutes of this state, would answer the description of heirs of such deceased person, or of devisees, under his last will, and being of his blood, such persons so answering the description of heirs, or of such devisees of such deceased person, whether they are citizens or aliens, are hereby declared and made capable of taking and holding, and may take and hold, as heirs, or such devisees of such deceased person, as if they were citizens of the United States, the lands and real estate owned and held by such deceased alien or citizen at the time of his decease. But if any of the persons so answering the description of heirs, or of such devisees, as aforesaid, of such deceased person, are males of full age, they shall not hold the real estate hereby made descendible or devisable to them as against the state unless they are citizens of the United States, or in case they are aliens, unless they make and file in the office of the secretary of state the deposition or affirmation mentioned in the first section of this act. [Thus amended by L. 1875, ch. 38.]

42 N. Y., 182; 5 Denio, 550; 80 N. Y., 171; 36 Hun, 277, 476; 40 Hun, 35. Effect of conveyances by aliens who die. § 5. Any resident alien of this state who has purchased and taken a conveyance, or who shall purchase and take a conveyance of real estate within this state, and has died or shall die after having devised or conveyed the same, the devisee or grantee of such real estate may take and hold, and is hereby declared capable of holding the real estate so granted or devised, whether such grantee or devisee be a citizen or alien, according to the nature and effect of such grant or devise; but no devisée or grantee of full age who is an alien, shall hold such real estate as against the state, unless he make and file in the office of the secretary of state the deposition or affirmation mentioned in the first section of this act.

Aliens who file depositions may grant and devise real estate. § 6. Any resident alien who has purchased and taken by deed or devise any real estate within this state, or who may hereafter purchase and take by deed or devise any real estate within this state, and who has made and filed, or shall make and file in the office of the secretary of state, the deposition in the first section of this act mentioned, may grant and devise such real estate to any citizen of the United States, or to any alien resident of this state, in the same way and to the like effect, and to and for the same purposes as if such alien were a citizen of the United States; but no resident male alien of full age shall hold any lands so granted or devised to him as against the state, unless he make and file in the office of secretary of state the deposition or affirmation in the first section of this act mentioned. 5 Denio, 545; 9 Hun, 511.

Alien women may hold land by the will of their husbands. § 7. Every woman being an alien and resident of this state, is hereby declared to be, and is hereby made capable of taking and holding real estate under the will of her husband, or of any person capable of devising any real estate, and she is hereby declared to be and is hereby made capable of executing any and every power in respect to the real

estate devised to her, and which may lawfully be created, the same as if she were a citizen of the United States.

Marriage settlements. § 8. Every woman being an alien and resident of this state, is hereby declared to be and is made capable of taking any and every beneficial interest or estate in any lands or real estate within this state, which has been or may be created in her favor, or for her benefit in any marriage settlement, or in any will or devise made by her husband, or of any person capable of devising real estate, subject to all the provisions of law, regulating the creation of uses and trusts.

Former devises, grants, etc., by aliens, confirmed. § 9. Every grant, devise, demise, lease or mortgage of any lands within this state, heretofore made and executed in due form of law by an alien to any citizen of this state, or to any resident alien capable of taking and holding any real estate, or any beneficial interest therein within this state, or which may hereafter be made and executed by any resident alien capable of taking and holding real estate within this state, to any citizen of this state, or to any resident alien capable of taking and holding real estate, or any beneficial interest therein; and all rents reserved or hereafter reserved on any such lease or demise, and all lawful covenants and conditions in any such lease or demise, are hereby confirmed, and shall be deemed and taken to be as valid and effectual, as if made by or between citizens of this state.

Effect of filing alien depositions. § 10. All proceedings to recover lands held by a resident alien, by reason of his alienage, shall be suspended, on his filing in the office of the secretary of state the deposition or affirmation mentioned in the first section of this act, and on payment of the costs and charges of such proceedings, up to the time of serving a certified copy of such deposition or affirmation on the attorney-general of this state.

Saving clause. § 11. This act shall not affect the rights of this state in any case in which proceedings for escheat have been or shall before the making and filing the deposition or affirmation in the first section of this act mentioned, be commenced or the rights of any person or persons whose interests may have become vested in any such lands or real estate; but all proceedings commenced or hereafter commenced to recover lands, as for an escheat, held by resident, alien, shall be subject to the provisions of the last preceding section.

Duties of aliens who hold real estate. § 12. Every alien who shall hold any real estate by virtue of any of the foregoing provisions, shall be subject to duties, assessments, taxes and burthens, as if he were a citizen of the United States; but shall be incapable of voting at any election, or of being elected or appointed to any office, or of serving on any jury.

40 How. Pr. R., 434.

Revised Statutes. § 13. The provisions of section nineteen, of title one, chapter first, part second of the Revised Statutes, are hereby made applicable to this act, and all the provisions of title twelve, chapter nine, part first of the Revised Statutes, inconsistent with the provisions of this act, are hereby repealed. [Section 14 repeals prior acts.]

Saving clause. § 15. Nothing herein contained shall prejudice the rights bona fide acquired by purchase or descent, without notice before this act shall take effect.

L. 1857, Chap. 576-An act to extend the provisions of chapter one hundred and fifteen of the laws of eighteen hundred and forty-five, in relation to aliens.

Depositions. SECTION 1. The several provisions of the act entitled "An act to enable resident aliens to hold and convey real estate, and for other purposes,' passed thirtieth of April, eighteen hundred and forty-five, are hereby extended and applied to any such grant, demise, devise, lease or mortgage which are enu

merated in said act, and which have been heretofore made, and shall be as effectual to pass the title thereto as though the persons by, from, or through whom the title shall have so passed, had been citizens of the United States, and as though the several provisions of said act had been as they hereby are re-enacted. The deposition or affirmation required to be made in the first section of the act hereby extended, shall be made and filed in the office of the secretary of state, within two years from the time when this act shall take effect, and if any person who, according to the provisions of the act hereby re-enacted and extended, is required to make and file in the office of the secretary of state the deposition or affirmation herein mentioned, shall neglect or omit to make and file the same within the time herein limited, he or she so neglecting or omitting to make and file such deposition or affirmation, shall not be entitled to the benefit of this act.

*L. 1868, Chap. 513-An act to confirm the title of certain persons to real estate questioned by reason of the alienism of former owners. Derivation of title, etc. SECTION 1. The title of any citizen or citizens of this state, to any land or lands within this state, 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, however, that nothing in this act shall affect the rights of the state in any case in which proceedings for escheat have been instituted.

L. 1872, Chap. 120-An act to authorize the descent of real estate to female citizens of the United States and their descendants, notwithstanding their marriage with aliens.

Marriage by a woman who is a citizen, with an alien, not to affect descent of her real property. SECTION 1. Real estate in this state now belonging to, or hereafter coming or descending to, any woman born in the United States, or who has been otherwise a citizen thereof, shall, upon her death, notwithstanding her marriage with an alien and residence in a foreign country, descend to her lawful children of such marriage, if any, and their descendants, in like manner, and with like effect, as if such children or their descendants were native born or naturalized citizens of the United States. Nor shall the title to any real estate now owned by, or which shall descend, be devised or otherwise conveyed to such woman, or to her lawful children, or to their descendants, be impaired or affected by reason of her marriage with an alien, or the alienage of such children or their descendants.

L. 1872, Chap. 141 – An act to confirm the title of certain persons to real estate, questioned by reason of alienage of former owners.

Titles not to be impeached by reason of alienage. SECTION 1. The title of any citizen or citizens of this state to any lands within this state shall not be questioned or impeached by reason of the alienage of any person or persons, from or through whom such title may have been derived. Provided, however, that nothing in this act shall affect the rights of the state in any case in which proceedings for escheat have been instituted.

Saving clause. § 2. Nothing in this act shall affect or impair the right of any heir, devisee, mortgagee or creditor, by judgment or otherwise.

L. 1872, Chap. 358 – An act to confirm the title of citizens of this state to lands for which they have heretofore taken conveyances from aliens.

Title of citizens not to be impeached by alienage of grantors; not to affect rights of state in cases pending. SECTION 1. The title of any citizen or citizens of this state to any

land or lands within this state, which may have heretofore been purchased by any such citizen or citizens from any alien or aliens, and for which a conveyance has been heretofore taken by any such citizen or citizens from any alien or aliens, shall not in any manner be questioned or impeached by reason or on account of the alienage of the person or persons from whom such conveyance shall have been taken, or by reason of any devise of any such land or lands to any such person or persons, in any last will and testament being inoperative or void on account of the alienage of such person or persons; but all devises of land or lands heretofore made by any last will and testament to any alien or aliens from whom a conveyance of such land or lands so devised shall heretofore have been taken by any citizen or citizens of this state, are hereby declared to be valid and effectual, so far that the title of such citizen or citizens to such land or lands shall not be affected by any invalidity of any such devise; provided, however, that nothing in this act contained shall affect the rights of this state in any case in which proceedings for escheat have been already instituted prior to the first day of January, one thousand eighteen hundred and seventy-two.

L. 1874, Chap. 261 An act to amend an act entitled "An act to enable resident aliens to hold and convey real estate, and for other purposes,” passed April thirty, eighteen hundred and forty-five.

[Section 1 amends L. 1845, ch. 115, § 4, and was amended by L. 1875, ch. 38.]

Repeal; proviso; record of will, its effect. § 2. All acts or parts of acts inconsistent with or repugnant to the provisions of this act are hereby repealed, provided, however, that nothing herein contained shall be taken or construed to affect any grant of land heretofore made by this state; and provided further that nothing in this act contained shall be taken or construed to affect the title to any land or lands which may have been heretofore derived through any devise, grant, gift or purchase prior to the passage of this act, or to give any person not heretofore entitled thereto under the laws of this state any right, title or interest as against any such devisee, grantee or purchaser, or any right to impeach or in any manner call in question the validity of any will of the person so dying seized as aforesaid, and it is hereby declared that the record of any such will in the office of the surrogate of any county in this state shall be conclusive evidence of its validity against any and all persons claiming or to claim under this act.

L. 1875, Chap. 336– An act to confirm the title of certain persons to real estate, questioned by reason of alienage of former owners. Title of citizen not impeached for alienage; proviso. SECTION 1. The title of any citizen or citizens of this state to any lands within this state, shall not be questioned or impeached by reason of the alienage of any person or persons, from or through whom such title may have been derived. Provided, however, that nothing in this act shall affect the rights of the state, in any case in which proceedings for escheat have been instituted.

Rights of heir, etc., not affected. § 2. Nothing in this act shall affect or impair the right of any heir, devisee, mortgagee, or creditor, by judgment or otherwise. L. 1877, Chap. 111 – An act to confirm the title of certain persons to real estate questioned by reason of alienage of former owners. Confirmation of rights, etc.; proceedings for escheats not affected. SECTION 1. The right, title or interest of any citizen or citizens of this state in or to any lands within this state now held or hereafter acquired shall not be questioned or impeached by the reason of the alienage of any person or persons from or through whom such title may have been derived; provided, however, that nothing in this act shall affect the rights of the state in any case in which proceedings for escheat have been instituted.

Rights of certain persons not affected. § 2. Nothing in this act shall affect or impair the right of any heir, devisee, mortgagee or creditor by judgment or otherwise.