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§§ 8-10

The Joint Stock Association Law.

must be personally served on each stockholder of the association at least thirty days before the meeting, or by mailing it to such stockholder at his last-known post-office address at least sixty days before the meeting. The amount of its capital stock shall not be reduced below the amount of its paid-up capital stock, nor shall it be reduced if the liabilities of the association exceed its assets.

§ 8. When officer or stockholder not privileged from testifying. An officer or stockholder of a joint stock association is not privileged from testifying in an action or proceeding against such association or any stockholder thereof as to its existence, the members composing it, or any fact relating to its organ. ization.

§ 9. Laws repealed.-The following laws are repealed:
Of the laws of 1854, chapter 245.
Of the laws of 1867, chapter 289.
Of the laws of 1885, chapter 505.

§ 10. When to take effect.-This act shall take effect imme. diately.

CHAPTER XLVI

OF THE GENERAL LAWS.

[CHAP. 547 OF 1896.]

THE REAL PROPERTY LAW.

ARTICLE I. Tenure of real property (§§ 1-9).

II. Creation and division of estates (§§ 20-56).
III. Uses and trusts (§§ 70-93).

IV. Powers (§§ 110-162).

V. Dower ($S 170-187).

VI. Landlord and tenant (§§ 190-202).

VII. Conveyances and mortgages (§§ 205-237).

VIII. Recording instruments affecting real property (§§ 240–277).
IX. Descent of real property (§§ 280-296).

X. Laws repealed; when to take effect (§§ 300-301).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.

6. Effect of woman's marriage with alien on rights of herself and her descendants.

7. Title through alien.

8. Liabilities of alien holders of real property.

9. Heirs of patriotic Indian.

§ 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.

§ 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.

Tenure of Real Property.

§§ 3-6

§ 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.

§ 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.

§ 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.

§ 6. Effect of woman's marriage with alien on rights of herself and her descendants.-Any woman born a citizen of the United States, who shall have married or shall marry an

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alien, and the foreign-born children and descendants of any such woman, shall, notwithstanding her or their residence or birth in a foreign country, be entitled to take, hold, convey and devise real property situated within this state in like manner, and with like effect, as if such woman and such foreign-born children and descendants were citizens of the United States; and the title to any such real property shall not be impaired or affected by reason of such marriage, or residence or foreign birth; provided, that the title to such real property shall have been or shall be derived from or through a citizen of the United States. (As amended by chap. 756 of 1897.)

§ 7. Title through alien.-The right, title or interest in or to real property in this state of any person entitled to hold the same can not be questioned or impeached by reason of the alienage of any person through whom such title may have been derived. Nothing in this section affects or impairs the right of any heir, devisee, mortgagee, or creditor by judgment or otherwise.

§ 8. Liabilities of alien holders of real property.-Every alien holding real property in this state is subject to duties, assessments, taxes and burdens as if he were a citizen of this

state.

§ 9. Heirs of patriotic Indian.-The heirs of an Indian to whom real property was granted for military services rendered during the war of the revolution may take and hold such real property by descent as if they were citizens of the state at the time of the death of their ancestors. A conveyance of such real property to a citizen of this state, executed by such Indian or his heirs after March seventh, eighteen hundred and nine, is valid, if executed with the approval of the surveyor-general or state engineer and surveyor, indorsed thereupon.

ARTICLE II.

CREATION AND DIVISION OF ESTATES.

SECTION 20. Enumeration of estates.

21. Estate in fee simple and fee simple absolute.

22. Estates tail abolished; remainders thereon.

23. Freeholders; chattels real; chattel interests.

24. When estate for life of third person is freehold; when chattel real.

25. Estates in possession and expectancy.

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