Preamble. Claims to land now in actual pos session under deeds from An act to confirm certain ancient conveyances, and directing the manner of proving deeds to be recorded. Passed the 16th February, 1771.1 WHEREAS it has been an ancient practice in this colony to record deeds concerning real estates, upon the previous acknowledgment of the grantors, or proof made by one of the subscribing witnesses of the execution of the instruments before a member of his majesty's council, a judge of the supreme or county court, or a master in chancery, and sometimes before a justice of the peace: And whereas, there are lands and tenements held under the deeds of femes covert, not acknowledged in manner aforesaid, and yet made, bona fide, and for valuable considerations; the purchasers whereof, and those holding under them ought to be secured both in law and equity, against the respective grantors, their heirs and assigns: § 1. Be it therefore enacted and declared by His Excellency the Governor, the Council, and the General Assembly, and it is hereby enacted and declared by the authority of the same, That no claim to any real estate, whereof any femes covert person is now actually possessed, whether as tenant in common, or otherwise, shall be deemed to be void upon the pretence, that the feme covert granting the same, had not been privately examined before any of the public officers or magistrates aforesaid; but for the more solemn conveying and recording of real estates for the future, confirmed. The mode of conveying estates by bereafter. § 2. Be it also enacted by the same authority, That no estate of a feme covert shall henceforth pass by her deed, without a previous acknowledgfemes covert, ment made by her apart from her husband, before one of his majesty's council, a judge of the supreme court, one of the masters in chancery, or a judge of the inferior court of common pleas, (other than mayor's courts,) for that county where the lands granted lay, a certificate whereof, purporting that she had been privately examined, and confessed that she executed the same freely, without any fear or compulsion of her husband, shall be endorsed on the deed conveying the same, and signed by him, before whom such acknowledgment was taken. sessed for Estates pos- § 3. And be it further enacted by the same authority, That no title to twenty years any lands, tenements or real estate heretofore purchased, bona fide, and not be defeat for a valuable consideration, and now, and for twenty years last past, held irregularities. in actual possession under such purchase, shall be defeated for want of power in any executor or administrator to sell the same, or because the attorney, having authority to make the sale, conveyed the same in his ed for certain. Mode of proving deeds before they corded. own name. § 4. And be it further enacted by the same authority, That no conveyance of lands, executed after the publication hereof, shall be recorded in shall be re- any of the public offices, unless the same be duly acknowledged by the grantor, or proved by one of the subscribing witnesses; and if the grantor and witnesses be dead, without proof of the hand writing of the grantor or grantors, or one of the witnesses, before one of his majesty's council, a judge of the supreme court, a master in chancery, or one of the judges of the inferior court, other than mayor's courts, for the county where the lands granted lay, who are hereby declared to have lawful authority to take the same, in the manner which hath been anciently and constantly used; a certificate of which acknowledgment or proof is to be endorsed on the deed of conveyance. Proof of ed by persons § 5. And with respect to conveyances of estates in this colony, by perdeeds execut- sons living abroad in other parts of the British dominions: Be it enacted living abroad. by the same authority, That no such conveyances, executed after the publication of this act, shall be recorded here, unless they be acknowledged (1) 2 Van Schaack, p. 611. and certified in manner herein before directed; if in Europe, before a judge of the king's bench, common pleas, a baron of the exchequer, a master in chancery, or a judge of the court of sessions in Scotland; and if any other part of the British dominions, before one of the judges of the chief or principal court of judicature, of that colony where the grantor shall then reside; and unless the execution thereof by the grantor, and the signing of the certificate thereon endorsed, by such foreign judge, be proved upon oath, by a subscribing witness, before one of his majesty's council, or one of the judges of the supreme court of this colony; and in that case, such deed or the record thereof, may be read as evidence in any of the courts of law in this colony. An act to amend an act, entitled "An act to confirm certain ancient conveyances, and directing the manner of proving deeds to be recorded." Passed the 8th March, 1773.1 WHEREAS by the aforesaid act, passed in the eleventh year of the reign Preamble. of his present majesty, it is among other things enacted, with respect to conveyances of estates in this colony by persons living abroad in other parts of the British dominions, that no such conveyances, executed after the publishing of the said act, shall be recorded here, unless acknowledged and certified as in the said act is directed: and as the mode of proof thereby required may in some instances be inconvenient, executed 1. Be it therefore enacted by His Excellency the Governor, the Council, Proof of and the General Assembly, and it is hereby enacted by the authority of the deeds, &c. same, That all conveyances of, and letters of attorney relating to, real abroad. estates in this colony, executed in Europe or any part of the British dominions, and proved by a subscribing witness before one of his majesty's council, or one of the judges of the supreme court of this colony; or acknowledged by the grantor, or proved by a subscribing witness before one of the judges of the superior or supreme court of any of his majesty's colonies in America, and transmitted together with a certificate under the great seal of such colony, purporting that the person therein named to have taken such acknowledgment or proof is a judge of the superior or supreme court of such colony; or duly acknowledged by the grantor, or proved by one of the subscribing witnesses before the lord mayor of the city of London, the mayors of the cities of Bristol or Liverpool, the lord provost of the city of Edinburgh, the lord mayor of the city of Dublin, or the mayors of the cities of Londonderry and Cork, in the kingdom of Ireland, and certified and transmitted under the seals of office of such mayors or provost respectively, may be recorded here in any of the public offices and such deed or the record thereof may be read in evidence in any of the courts of law in this colony, and any such conveyances and letters of attorney, which have been proved and certified as above directed before the publication of this act, or the records thereof, may in like manner be given in evidence. AND WHEREAS also, there are many real estates in this colony vested in feme coverts residing out of the said colony, and it is very inconvenient and often impossible for them to acknowledge conveyances of their said estates in the manner directed by the above recited act; and it would be much more practicable and easy for them to grant such estates, were they enabled to do it by conveyances to be executed in this colony by their attornies duly thereto appointed: (1) 2 Van Schaack, p. 765. Proof of deeds execut this colony. § 2. Be it therefore enacted by the authority aforesaid, That all deeds of ed by femes conveyance, which have been executed since the passing the aforesaid covert out of act, and which shall be hereafter executed by any feme covert living out of this colony, in conjunction with her husband, for the conveying of the real estate of such feme covert, lying and being in this colony, and duly acknowledged or hereafter to be acknowledged by such feme covert before any of the persons authorised by the said former act, or by this act, to take proofs and acknowledgments of conveyances of real estates in this colony, executed by persons living out of the same; shall be good and sufficient to pass the estate of such feme covert purported to be therein conveyed by her, provided such acknowledgment of such feme covert, (to be written on such conveyance, and signed by the judge or other officer by whom such acknowledgment shall be taken,) shall specify or purport that such feme covert was examined by him separate from her husband, and that she confessed she executed such conveyance as her act and deed, freely, without any fear or compulsion of her husband: And provided also, That the execution of such deed by the husband of such feme covert be proved or acknowledged by him, and certified in the manner directed by the before recited act, or by this act, with respect to conveyances of estates in this colony, by persons living out of the same. Conveyances by attornies of femes covert and their husbands, § 3. And be it further enacted by the authority aforesaid, That any lands or real estate in this colony, vested as aforesaid in any feme covert living or residing out of the same, which have been since the passing of the said act, how proved. or shall hereafter be conveyed in the name of such feme covert, by any attorney or attornies of such feme covert, to any person or persons whatsoever, in virtue of a letter of attorney from such feme covert and her husband for that purpose, shall be good and sufficient in the law to pass to and vest in the grantee or grantees respectively and their heirs, the lands and real estate of such feme covert so conveyed or to be conveyed, according to the purport and intention of such letter of attorney and conveyance; provided that such letter or letters of attorney is or shall be acknowledged by such feme coverts repectively, in the manner herein before directed, to be her free act and deed, without any fear or compulsion from her husband; and such acknowledgment be written on the said letters of attorney respectively and signed by such judge or other officer as aforesaid: And provided also, That such letter or letters of attorney and the acknowledgment thereon to be written, and also the execution thereof by the husband of such feme covert be acknowledged by him, or proved and certified in the manner directed by the before recited act, or by this act. Such deeds of femes covert ted as evidence. Copies of wills made in § 4. And be it further enacted by the authority aforesaid, That all such to be admit deeds and letters of attorney, executed or to be executed and acknowledged as aforesaid by feme coverts living out of this colony, and proved and certified in the manner directed by this act, or in the manner directed by the last section of the before recited act, may be recorded here in any of the public offices; and such deeds and letters of attorney, or the records thereof, may be read as evidence in any of the courts of law in this colony. § 5. And be it enacted by the authority aforesaid, That the copies of Great Britain any last will or testament whatsoever heretofore made, or hereafter to and Ireland be made within any part of the kingdoms of Great Britain or Ireland, by in evidence. which any lands, tenements, hereditaments or other estate within this colony are devised or bequeathed, certified under the seal of such office where such will or testament is proved and lodged, may be given and shall be received in evidence before any of the courts of judicature within this colony, and be esteemed as valid and sufficient as if the original will or testament was then and there produced and proved. may be given An act for the amendment of the law, and the better advancement of justice. Passed the 8th March, 1773.1 conveyances tornment of § 7. And be it further enacted by the authority aforesaid, That from and Grants and after the passing hereof, all grants or conveyances thereafter to be made to be good by fine or otherwise of any manors or rents, or of the reversion or re- without atmainder of any messuages or lands, shall be good and effectual to all in- tenants. tents and purposes, without any attornment of the tenants of any such manors, or of the lands out of which such rent shall be issuing, or of the particular tenants upon whose particular estates any such reversions or remainders shall and may be expectant or depending, as if their attornment had been had and made: Provided nevertheless, That no such tenant shall Proviso. be prejudiced or damaged by payment of any rent to any such grantor or conusor, or by breach of any condition for non-payment of rent, before notice shall be given to him of such grant by the conusee or grantee. life, and col cestors not § 15. And be it further enacted by the authority aforesaid, That all war- Warranties ranties, which shall be made after the passing hereof, by any tenant for by tenant for life, of any lands, tenements or hereditaments, the same descending or lateral warcoming to any person in reversion or remainder, shall be void and of none ranties by nueffect; and likewise all collateral warranties, which shall be made after actually scis ed, void. the passing of this act, of any lands, tenements or hereditaments, by any ancestor who has no estate of inheritance in possession in the same, shall be void against his heir. Former Laws of this State relating to the Proof and An act concerning the proofs, acknowledgments and registries of certain deeds and conveyances. Passed 1st March, 1787.2 WHEREAS, during the late war between the United States of America, and the king of Great Britain, many deeds, conveyances and writings, relating to the title or property of lands, messuages, tenements or hereditaments within this state, executed bona fide, and for good and valuable considerations, within the southern district of this state, have been proved and acknowledged before, and registered by persons residing in the said district, and deriving their authority from the said king: And whereas it has now become impracticable, from the death of many persons, and the removal of others from this state, before and since the conclusion of the said war, to have the said deeds, conveyances and writings proved, ac. knowledged and registered, in the manner required by the laws of this state, by reason whereof, many of the said deeds, conveyances and writings, will be rendered altogether invalid and ineffectual: Therefore, Preamble. the southern § 1. Be it enacted by the People of the State of New-York, represented in Certain conSenate and Assembly, and it is hereby enacted by the authority of the same, veyances in That all deeds, conveyances and writings, relating to the title or property district doof any lands, messuages, tenements or hereditaments, within this state, clared valid. which have been executed bona fide, and for good or valuable considerations, within the southern district of this state, after the ninth day of July, in the year one thousand seven hundred and seventy-six, and before the twenty-fifth day of November, one thousand seven hundred and eightythree, and have been proved and acknowledged before, and registered by any person or persons residing in the said district, and deriving authority (1) 2 Van Schaack, p. 767. (2) 2 Jones & Varick, p. 02. Proviso. Deeds and received as evidence. for the purpose, from the said king of Great Britain, in the mode and manner which have been usual in cases of the like nature, whilst this state was a colony, shall be as valid and effectual in the law, and shall have the like operation and effect, in every respect, to all intents, constructions and purposes whatsoever, as if the said deeds, conveyances and writings had been proved and acknowledged before, and registered by, persons duly authorised by the laws of this state to take the proofs and acknowledgments of the said deeds, conveyances and writings, and to register the same: Provided always, That nothing in this act shall be construed to prevent or stay any execution or writ of possession, in any cause wherein judgment has been given, and no execution or writ of possession issued. An act for directing the manner of proving deeds and conveyances to be recorded. Passed 26th February, 1788.1 §1. Be it enacted by the People of the State of New-York, represented in writings to be Senate and Assembly, and it is hereby enacted by the authority of the same, That all and every deed and deeds, conveyance and conveyances, and writings whatsoever, relating to the title or property of any messuages, lands, tenements or hereditaments within this state, heretofore executed, or hereafter to be executed, being duly acknowledged by the party or parties executing the same, or duly proved by one or more of the subscribing witnesses to the execution thereof, and recorded in the office of the secretary of this state, or in the office of the clerk of the county in which such lands are situated, shall and may be read as evidence, in any court in this state, without further or other proof of the execution thereof, and the record thereof, or a transcript of the same, shall and may be given and received in evidence. acknowledg Before whom § 2. And be it further enacted by the authority aforesaid, That no deed, ment or proof conveyance or other writing, relating to any lands, tenements or real esis to bo made. tate, heretofore executed, and not already acknowledged or proved, according to law, or hereafter to be executed, shall be recorded, unless the same shall be duly acknowledged by the party or parties executing the same, or the execution thereof be duly proved by one or more of the subscribing witnesses to the same, before one of the justices of the supreme court, or a master in chancery, or one of the judges of the court of common pleas in and for the county where such lands and real estate are situated; or if such lands and real estate be in the city of New-York, Albany Certificate to or Hudson, before the mayor or recorder of the same cities respectively; be endorsed and a certificate of such acknowledgment or proof be endorsed upon such deed, conveyance or other writing, signed by the person before whom the same was taken. on the deed. Femo covert ined apart band. §3. And be it further enacted by the authority aforesaid, That no estate to be exam of a feme covert, shall henceforth pass by her deed, without a previous from her hus- acknowledgment by her, on a private examination, apart from her husband, before one of the justices of the supreme court, or a master in chancery, or one of the judges of the court of common pleas, in and for the county where such lands or real estate shall be situated, or if such lands or real estate be in the city of New-York, Albany, or Hudson, before the mayor or recorder of the same cities respectively, that she executed such deed freely, without any fear or compulsion of her husband, and a certificate thereof, purporting that she had been privately examined, and confessed that she executed the same freely, without any fear or compulsion of her husband, endorsed on the deed conveying the same and signed by the person before whom such acknowledgment shall be made. (1) 2 Jones & Varick, p. 266. |