Condi tion. the estate, right, title, interest, dower, and right of dower, property, possession, claim and demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, and to the same, and every part and parcel thereof, with the appurtenances, To Have and to hold the above granted and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit, and behoof forever, Provided always, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors, or administrators, shall well and truly pay unto the said party of the second part, his executors, administrators, or assigns, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time, and in the manner mentioned in the said condition, according to the true intent and meaning thereof, that then these presents and the estate hereby granted shall cease, determine, and mily from securing or taking measures which will secure the same result. 82. "And shall in all other respects comply Compli- with the laws of naturalization." The law furin ther all other provides that he must, at the time of his adrespects. mission, satisfy the Court by the oath or affirma ance tion of at least two citizens of the United States, that he has resided five years at least within the United States, and one year at least within the State where the Court is held, and if he shall have arrived after the peace of 1815, his residence must have been continued for five years next preceding his admission, without being at any time, during the five years, out of the territory of the United States. He must satisfy the Court that during that time he has behaved himself as a man of good moral character, attached to the 1 be void. And the said John Selden, for himself, his heirs, executors, and administrators, doth covenant and agree to pay unto the said party of the second part, his executors, administrators, or assigns, the said sum of money, and interest, as mentioned above, and expressed in the said condition of the said bond; And if default shall be made in the payment of the said sum of money above mentioned, or the interest that may grow due thereon, or of any part thereof, that then, and from thenceforth, it shall be lawful for the said party of the second part, his executors, administrators, and assigns, to enter into and upon all and singular the premises hereby granted, or intended so to be, and to sell and dispose of the same, and all benefit and equity of redemption of the said party of the first part, his heirs, executors, administrators, or assigns, therein, at public auction, according to the act in such case made and provided; And as the attorney of the said party of the first part, for that purpose by these presents principles of the Constitution, and well disposed 84. "Common law jurisdiction." The Common Law of this country is derived from or corresponds with the Common Law of England, and it is that system of practice which has arisen from acknowledged principles of justice, and which has been pursued, from the earliest history, in both countries, without being formed into a written code or enacted into a statute. The above phrase is used here to distinguish courts of more ex duly authorized, constituted, and appointed, to make and deliver to the purchaser or purchasers thereof, a good and sufficient deed, or deeds of conveyance, in the law for the same in fee simple, and, out of the money arising from such sale, to retain the principal and interest which shall then be due on the said bond or obligation, together with the costs and charges of advertisement and sale of the same premises, rendering the overplus of the purchase money (if any there shall be) Overplus unto the said John Selden, party of the first part, his heirs, executors, administrators, or assigns; which sale so to be made shall forever be a perpetual bar, both in law and equity, against the said party of the first part, his heirs and assigns, and all other persons claiming or to claim the premises, or any part thereof, by, from, or under him, them, or either of them, And it is also Agree agreed, by and between the parties to these preinsu- sents, that the said party of the first part shall, and will, keep the buildings erected, and to be ment of rance. Resi fore 1812 tended, from those which have a strictly defined jurisdiction beyond which they have no power. The Courts of Common Law are included in the former. 85. There may be few alien residents now who were such prior to 1812, still the law is wordents be thy of notice in connection with the subject of naturalization. The reason of the particular date is obvious, since it is an important era in our history, and it is also seen that the law was designed to favor those who had voluntarily chosen this country for their residence before the war commenced. lands. 86. The Indians of New-York State have Indian certain portions of land reserved to them, and the manner of its transfer is somewhat restricted; no purchase or contract for the sale of such land erected upon the lands above conveyed, insured against loss and damage by fire, and assign the policy and certificates thereof to the said party of the second part; and, in default thereof, it shall be lawful for the said party of the second part to effect such insurance, and charge the same to the party of the first part, and the premium or premiums paid for effecting the same shall be a lien on the said mortgaged premises, added to the amount of the said bond or obligation, and secured by these presents. In witness whereof, the parties hereto have interchangeably set their hands and seals the day year above written. and JOHN SELDEN. Right of mort gagee. MARGARET SELDEN. Sealed and delivered in the presence of REED HAMILTON. certain cases. since the 14th of October, 1775, or which may hereafter be made with the Indians, in this State, is valid unless made under the authority and with the consent of the Legislature. The Indians can- Power to not dispose of such lands without this consent, conveyin unless they are the heirs of an Indian to whom the land was granted for military services during the revolution, in such case they may (since March 7th, 1809,) as well as the patentee to whom the land was granted for such service during his lifetime, pass a valid title to the land to any citizen of the State, if the conveyance is executed with the approval of the Surveyor General endorsed thereon. Other land ac 87. Any native Indian, who is apart from the tribes referred to above, may, since 1843, pur- quired. chase, take, hold, and convey lands in this State BROOME COUNTY, NEW-YORK, SS.: Before me, this eleventh day of April, one Acknow thousand eight hundred and fifty-one, personally ment. appeared John Selden and Margaret Selden, to me ledg Minute of record. known to be the persons described in, and who executed the within instrument, and who severally acknowledged that they executed the same; and the said Margaret, being privately examined by me, separate and apart from her. said husband, acknowledged that she executed the same freely, and without any fear or compulsion from him. PETER HOYT, Justice of the Peace. Recorded in the Clerk's Office O. HOLMES, Register. in the same manner as a citizen; and whenever he shall have become a freeholder to the value of When to one hundred dollars, he shall be liable on contracts, vileges of and subject to the civil jurisdiction of the courts citizens. of this state as a citizen: a freeholder is one who have pri Idiots lawfully possesses, or is entitled to an interest in real property, either in fee or for life. Until Indians become thus qualified, they seem to form a distinct community, subject to the Legislature of the State. 88. Idiots and infants are virtually declared incapable of making transfers of their interest in t land, and therefore cannot give a valid conveyance thereof. When Land is owned jointly with such individuals, it is sometimes desirable to free it from their ownership and control, in which case and fants. |