SALVADOR (1870).- Possess full rights of ownership and disposition of real property. SAXONY (1845).- Take by inheritance, but must dispose of the property within three years. SERVIA (1881).- Possess all the rights the United States grants to the most favored nation. SPAIN (1795).— Take by inheritance, and are allowed a reasonable time to sell the property. SWISS CONFEDERATION (1850).- Take by inheritance, and allowed a term of not less than three years to sell the property. TONGA (1886).- Possess all the rights the United States grants to the most favored nation. WURTEMBERG (1844).-Take by inheritance, and are allowed two years to sell the property, which term may be extended. Respectfully submitted, CHARLES Z. LINCOLN. < WILLIAM H. JOHNSON. A. JUDD NORTHRUP. THE REAL PROPERTY LAW. AN ACT relating to real property, constituting chapter forty-six of the general laws. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAPTER XLVI OF THE GENERAL LAWS. The Real Property Law. Article 1. Tenure of real property. (§§ 1-9.) 2. Creation and division of estates. (§§ 20-56.) 3. Uses and trusts. (§§ 70-93.) 4. Powers. (§§ 110-163.) 5. Dower. (§§ 170-187.) 6. Landlord and tenant. (§§ 190-202.) 7. Conveyances and mortgages. (§§ 205-234.) 8. Recording instruments affecting real property. (§§ 240-277.) 9. Descent of real property. (§§ 280-296.) 10. Laws repealed; when to take effect. (§§ 300-301.) ARTICLE I. Tenure of Real Property. Section 1. Short title; definitions; effect. 2. Capacity to hold real property. 3. Capacity to transfer real property. 4. Deposition of resident alien. 5. When and how alien may acquire and transfer real property. Section. 6. Effect of marriage with alien. 7. Title through alien. 8. Liabilities of alien holders of real property. 9. Heirs of patriotic Indian. - Section 1. Short title; definitions; effect. This chapter shall be known as the real property law. The terms "real property" and "lands" as used in this chapter are coextensive in meaning with lands, tenements and hereditaments. This chapter does not alter or impair any vested estate, interest or right, nor alter or affect the construction of any conveyance, will or other instrument which has taken effect at any time before this chapter becomes a law. [R. S., 2461, pt. II, ch. 1, tit. V, §§ 10, 11, unchanged in substance. See definition of real property in statutory construction law, $ 3.] § 2. Capacity to hold real property.-A citizen of the United States is capable of holding real property within this state, and of taking the same by descent, devise or purchase. [R. S., 2419, pt. II, ch. 1, tit. I, § 8, § 3. Capacity to transfer real property.-A person other than a minor, an idiot, or person of unsound mind, seized of or entitled to an estate or interest in real property, may transfer such estate or interest. [R. S., 2419, pt. II, ch. 1, tit. I, § 10, unchanged in substance.] § 4. Deposition of resident alien.-An alien who, pursuant to the laws of the United States, has declared his intention of becoming a citizen, and who is, and intends to remain, a resident thereof, may make a written deposition to such facts, before any officer authorized to take the acknowledgment or proof of deeds to entitle them to be recorded within the state. Such deposition must be certified by the officer before whom it is made, and may be filed in the office of the secretary of state, and when so filed, must be recorded by him in a book kept for that purpose. Such deposition shall be presumptive evidence of the facts therein contained. [R. S., 2420, pt. II, ch. 1, tit. I, § 15, as am. by L. 1834, ch. 272, unchanged in substance. Section 847 of the code of civil procedure allows an affirmation. See U. S. Revised Statutes, § 2165.] § 5. When and how alien may acquire and transfer real property. An alien may, for a term of six years after filing the deposition described in the last preceding section, take, hold, convey and devise real property. If such 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; provided, however, that a devise to an alien shall not be valid unless a deposition be filed by him, or he be admitted to citizenship, within one year after the death of the testator, or if the devisee is a minor, within one year after his majority. If a person who has filed such a deposition dies within six years thereafter, and before he is admitted to citizenship, his widow is entitled to dower in his real property, and if he dies intestate, his heirs or the persons who would otherwise answer to the description of heirs, inherit his real property, upon such persons being admitted to citizenship, or filing a deposition in their own behalf, within one year after such death, or if minors, within one year after their majority. If an action or proceeding is commenced by the state to recover real property held by an alien, such action or proceeding shall be suspended upon the filing of such deposition, and the service of a certified copy thereof upon the attorney-general, and the payment of the costs to the time of such service. [R. S., 2420, pt. II, ch. 1, tit. I, §§ 16-19, Id., 2424; L. 1819, ch. 25, § 2, Id., 2424; L. 1830, ch. 171, Id., 2425; L. 1845, ch. 115, §§ 1-8, 10, L. 1893, ch. 207, See revisers' note to this chapter for full discussions of the subject of aliens in relation to their rights respecting real property.] § 6. Effect of marriage with alien.-A woman who, being a citizen of the United States, marries an alien not entitled to hold real property in this state, may, notwithstanding such marriage, take by grant, will or descent, and hold, convey and devise real property within this state; and the descendants of such a woman who dies intestate, inherit her real property within this state, and any real property which she would have been entitled to take, by descent, if living; and such descendants may take real property by grant or devise from their mother, or from any citizen to whom she would be an heir, may hold real property acquired under this section, and may convey and devise it to any person capable of holding the same. [R. S., 2428; L. 1872, ch. 120, R. S. (supp.), 3351; L. 1889, ch. 42, re-enacted with the following change: The children of a woman who marries an alien are permitted to inherit any real property which the mother could have taken by descent, while the act of 1889, ch. 42, only permitted the children to take real property from the mother and from or through some ancestor of the mother. The principle of section six, allowing a woman who has married an alien and resides abroad to take and hold real property within the state, has been followed in several states which do not allow nonresident aliens to hold property within their territory. |