pre any person who by any contingency contained in any devise, or grant, or nies are to be distributed, § 15. And be it further enacted, That the interest and estate of every In case of a such tenant by the curtesy, or in dower, or other tenant for life, who shall sale, how mo be made a party to the proceedings in any such partition, shall pass by a sale of the premises ordered by virtue of this act, and thereupon such tenant shall be entitled to the interest or income of a just proportion of the purchase money for life, to be ascertained and adjudged by the said court, and the court shall take order for securing the same to him, her, or them accordingly And further, In any case of sale or partition under this act, and before judgment therein given, the court shall examine and ascertain the rights, titles and interests of the parties, plaintiffs and defendants to such proceedings, that the purchaser under such sale may be protected in his title acquired thereby. thorised to di rect u sale in § 16. And be it further enacted, That the court of chancery, in cases The court of of partition pending therein, may decree a sale of the premises in such chancery aucases as the courts of law are authorised by this act, or where the ends of justice shall require it; and the said court of chancery, in any case partition, &c. where it shall decree a partition to be made, if the same cannot be made equal between the parties without prejudice to their rights and interests, may decree a compensation to be made by one party to the other, for equality of partition according to the nature and equity of the case. how to ope § 17. And be it further enacted, That all sales and partitions made under and in virtue of proceedings had in the court of chancery, shall be Sales and partitions in firm and effectual for ever; and the final decree of the said court, for or chancery, upon the partition or sale of any lands, tenements, hereditaments or pre-ow mises whatever, mentioned in any bill or petition presented according to law, and the course and practice of the said court, or for or upon sale of part and partition of the residue thereof, shall be binding and conclusive on all parties named in the said bill or petition, and their legal representatives, and also on all such parties interested, who or whose interests may be unknown, and their legal representatives, as absolutely and effectually, to all intents and purposes, as if such sales, partitions and proceedings, had been made and taken place under this act, in a court of law, and judgment had been thereupon given in manner as herein aforesaid: Provided, That in case any one or more of the parties interested in the premises, or the estate, or quantity of interest of any or either of the owners, are unknown to the complainant or petitioner, suitable allegations and charges to that effect shall be inserted in the bill or petition, and an affidavit of the truth of such allegations, made by one of the parties, and annexed to, and filed with, the said bill or petition, and an order of the said court, published for three calendar months, once at least in every week, in a newspaper printed in each of the cities of New-York and Albany, containing therein a sufficient description of the premises whereof partition is sought, and requiring all parties interested in the same to appear and answer the bill or petition, by a day in the said order to be specified, and the publication of which order shall authorise a decree or order of the said court for taking the said bill or petition, pro confesso against all such unknown parties as shall not appear and answer by the day mentioned in the said order, or on such further day as the said court shall appoint; and all such as may appear shall be entitled to be made parties to the suit, and the said bill or petition shall be amended accordingly: And provided further, That it Proceedings in partition by death of not to abate any party. This act not to affect pro ceedings al ready com menced. Provision as to rights of of sales. shall be lawful for any party to such decree, or any party interested in the premises, though not named in the pleadings, to appeal from the said decree, or from any decree or order of the said court in the cause, within the same times, and under the like restrictions and regulations, as in other cases. § 18. And be it further enacted, That if any of the parties in any suit for the partition of lands, now depending, or hereafter to be commenced, shall die, the proceedings in such case shall not be thereby abated, but such suit may be continued on suggestion of the death of such party as may die, in case the interest shall survive to the survivor or survivors, and in other cases such suit shall and may be revived by or against the heirs or devisees of such deceased party, in such manner, and by such proceedings as the court, in which such suit is or shall be depending, may from time to time direct. § 19. And be it further enacted, That nothing in this act shall be so construed as to invalidate any proceedings had, or to be had, in any suit already commenced for the partition of lands, and that all proceedings in any such suit hereafter to be had, may be according to the provisions of this act, or according to the several acts in force before the passing of this act. An act in addition to the act, entitled "An act for the partition of lands." Passed April 15, 1814. Chap. 198, p. 249. 1. Be it enacted by the People of the State of New-York, represented in dower in case Senate and Assembly, That whenever a sale shall be made under the act, entitled "An act for the partition of lands," and it shall appear to the satisfaction of the court ordering such sale, by admission of the parties then before the court, or by affidavit, or otherwise, that the lands, tenements or hereditaments, ordered to be sold, or any part thereof, are subject to a right or rights of dower therein, but that the same dower hath not been assigned, then and in every such case, the said court shall take order for securing the interest or income of a just proportion of the purchase money for life, to the person or persons entitled to such dower, in like manner as is directed in and by the fifteenth section of said act, in case of tenancy for life; and the said right or rights of dower, shall thereupon and thereby, be deemed to be extinguished and fully satisfied, and the purchasers, their heirs and assigns, shall hold such lands, tenements and hereditaments, free, and discharged from any such claim or right of dower, of, in or to the same: Provided, That this act shall not extend to any case, except where the widow whose right may be affected by any proceedings under this act, is a party to such proceedings: And provided further, That in every such case, it shall be the duty of the court, first to consider and determine under all the circumstances of the case, whether such property or any part thereof, ought to be exempted from such partition or sale, and herein they shall have a special regard to the right and interest of such widow. Lands held by the state how to be divided. Service of notices on at torney. § 2. And be it further enucted, That whenever any lands, tenements or hereditaments shall be held as tenants in common by the people of this state, and one or more of the citizens thereof, it shall be lawful for any one or more of the parties interested therein, to present a petition to the supreme court, for partition of the said land, and to have such proceedings and relief as are given and directed in other cases of the act hereby amended. § 3. And be it further enacted, That all notices, which by the act hereby amended, are directed to be served on the parties, shall, in any proceedings under the preceding section of this act, be served on the attor ney-general of this state, whose duty it shall be, and it is hereby declared to be, to appear for and attend to the interests of this state in the premi ses. An act concerning infants. Passed April 9, 1814. Chap. 108, p. 128. § 2. And be it further enacted, That in case any infant shall hold any real estate in joint tenancy, coparcenary, or in common, and the interest of such infant, or of any person concerned therein, shall require a partition of such estate, then it shall be lawful for the guardian or guardians of such infant, by and with the consent and approbation of the chancellor, to agree to a division thereof, or to a sale of such estate, or such part thereof, as in the opinion of the chancellor shall either be incapable of partition, or shall be most for the interest of such infant, that a sale thereof should be made, and thereupon to execute deeds or releases of the right of such infant to the part or parts falling to the share of the other joint tenants, coparceners, or tenants in common, which deeds or releases shall be valid in law to convey the share and part of such infant: Provided, That no deed or release shall be executed by any such guardian by virtue of this act, until after a report shall be made to the chancellor of such sale or partition, and the same be approved and confirmed by him. An act to amend the act, entitled "An act for the partition of lands," passed April 12, 1813. Passed March 23, 1821. Chap. 130, p. 122. 1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the justices of the supreme court of judicature of the state of New-York, and for the judges of the several courts of common pleas in the respective counties in this state, in all actions now depending or hereafter to be commenced in any of the said courts, either before or after trial of any issue in partition upon the plea of non tenent insimul, to permit the petitioner or petitioners, in any proceedings under the act hereby amended, so to amend his, her or their petition and all the subsequent proceedings, as to make the person who shall appear to be the owner as tenant in common, in joint tenancy, or in coparcenary, by any deed or grant, in the whole or in part, of any person who is or may be a defendant in such partition, a defendant; and so to amend the petition of the petitioner or petitioners, as to represent his, her or their rights truly as the fact may be, on motion to be made for that purpose, in the same manner as parties are admitted in chancery in cases of partition; and for this purpose the jury on the trial of any issue in partition, shall specially find the facts, and they shall be certified to the court by the clerk, and upon such terms as the said courts may respectively direct; and thereupon to give and pronounce judgment, according as the the right may appear upon the petition so amended, any thing in the act hereby amended to the contrary notwithstanding. An act to amend an act, entitled "An act for the partition of lands," passed April 12, 1813. Passed April 12, 1826. Chap. 157, p. 146. § 1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That upon all bills filed in the court of chancery for this state, or in either of the courts of equity for the several circuits of this state, for the purpose of procuring a partition of lands, tenements or hereditaments, wherein it shall appear to such court, by the report of a master of the court of chancery, or otherwise, that the said lands, tenements or hereditaments are so circumstanced that a partition thereof cannot be made, without prejudice to the owners thereof, the said court may order and decree a sale of such premises at public auction, under the direction of one of the masters of the court of chancery, upon such public nouce of the time and place of said sale, as the court shall deem reasonable; and may also decree and order that the master under whose direction such sale shall be made, execute good and sufficient conveyance or conveyances in the law to such purchaser or purchasers at such sale, which conveyance or conveyances shall be a bar, both in law and equity, against all the parties to such bill, and against all persons interested, who or whose interests are unknown, and as to whom such order of the court has been published as is directed by the seventeenth section of the act bereby amended, and against all other persons claiming by, from or under them, or either of them subject to the right of appeal, given and mentiened in such seventeenth section of the said act. ACTS AFFECTING THE REVISED STATUTES, PASSED AT THE FIFTY-THIRD SESSION OF THE LEGISLATURE OF THE STATE OF NEW-YORK, (1830,) TOGETHER WITH OTHER ACTS OF GENERAL INTEREST, PASSED AT [These acts are arranged, as nearly as practicable, in conformity to the general plan of the Revised Statutes.] Lands ceded to United States. An act vesting in the United States of America jurisdiction over a certain piece of land in the town of Watervliet, in the county of Albany. Passed April 20, 1830. Chap. 332, p. 415. ceded. 1. The jurisdiction of the state of New-York is hereby ceded to the Description United States of America, for the purpose of erecting and maintaining of land thereon arsenals, magazines, dock-yards and other necessary buildings, over all that certain tract, piece or parcel of land, situate, lying and being in the town of Watervliet, in the county of Albany, and bounded as follows, to wit: beginning at an elm tree standing on the west bank of the Hudson river, in the village of Gibbonsville, thence running, by the magnetic meridian in 1828, north sixty-eight degrees west eighteen chains and seventeen links, to a stone in the ground marked U. S. No. 6; thence south twenty-two degrees west, ten chains and seventy-six links, to a stone in the ground, marked U. S. No. 7; thence north sixty-eight degrees west, twelve chains eighty-one links, to a stone in the ground, marked U. S. No. 2, at the south side of a new road called the Shaker road; thence along the said road south seventy-two degrees west, four chains and twenty-nine links, to a stone in the ground, marked U. S. No. 3, also on the south side of said road; thence south twenty-two degrees west, six chains and thirty-four links, to a stone in the ground, marked U. S. No. 4; thence south sixty-eight degrees east, thirty-five chains and eighty links, to the west shore of the Hudson river at low water mark; thence up the said stream, along low water mark, till the place of beginning bears north sixty-eight degrees west; thence from the low water mark north sixtyeight degrees west, to the place of beginning, together with all the land under water, lying opposite and easterly of the described premises which has been heretofore granted by letters patent to James Gibbons by the people of the state of New-York; the evidences of the several purchases of the land which is hereby ceded being recorded in the office of the clerk of the county of Albany: but always excepting and reserving out of the lands above described, the land occupied by the Erie canal, one rod on each side thereof, and also the public highway. |