§ 434.

Registration of titles.

L. 1916, ch. 547.

the United States circuit and district courts of the district for judgments and decrees as follows:

Names.

From.

To.

Upon such search the following unsatisfied judgments appear:

Search has also been made in the United States district court of the district against all the names appearing in the register's (or county clerk's) search above for petitions in bankruptcy for the same periods as shown in register's (or county clerk's) search above so far as said periods fall within the times during which the bankruptcy acts of eighteen hundred and forty-one, eighteen hundred and sixty-seven and eigheen hundred and ninety-eight were in force. Upon said search the following petitions appear:

5. Mortgages to the United States loan commissioners. Search has been made for such mortgages against all the names appearing in the register's (or county clerk's) search and for the same periods. Upon such search the following unsatisfied mortgages appear:

6. County clerk's office. Search has been made in this office for judgments, decrees and transcripts of judgments and decrees against the following names for the following periods:

Names.

From.

To.

Upon such search the following unsatisfied judgments are returned, the marginal notes showing what disposition has been made of them by the examiner:

...

Search has been made in this office for years last past for mechanics' liens affecting said premises. Upon such search the following unsatisfied mechanics' liens appear:

A search has been made against the persons named in the search in paragraph two and for the same periods for notices of lis pendens; certificates of sheriff's and marshal's sales; insolvent assignments; general assignments; foreclosure by advertisements; appointment of receivers; appointment of trustees, of absconding concealed nonresident or imprisoned debtors; exemptions under the homestead act. A further search for sher

L. 1916, ch. 547.

Registration of titles.

§ 434.

iff's certificates has been made against each owner for a period of eleven years subsequent to the search in the register's office and for foreclosure by advertisement to date. Such instruments and notices have been discovered as follows, the marginal notes showing what dispositon has been made of them by the examiner:

7. Search has been made for one year last past in the register's (or county clerk's) office for chattel mortgages and conditional bills of sale affecting the premises. Upon such search the following unsatisfied mortgages and conditional bills of sale appear

8. Tax offices. Taxes, assessments and water rates unpaid are as follows:

(State in detail all offices, local or otherwise, in which records of taxes, assessments or water rates are kept, in which searches have been made.) Sales for taxes, assessments and water rates have been had as follows: (State in detail offices in which searches have been made.)

9. Here insert detailed statement of all searches for liens or incumbrances other than those above set forth

10. Other interested persons. The following persons who do not reside on the premises claim interests or rights in said property, the nature of their claim in law or equity being herewith set forth in detail:

Name.

Address.

Nature of claim.

The names and post-office addresses of the owners of the adjoining parcels of land are, as far as reasonably obtainable by inquiry on the premises, given below as shown in the diagram:

§ 435.

Registration of titles.

L. 1916, ch. 547. 11. Inspection of property. An inspection of the premises shows the property is occupied by the persons whose names and post-office addresses are set forth below; said occupants having described their interests and claims in said premises as follows:

Names.

Post-office address.

Nature of claim.

An inspection of the plumbing, drains and sewers shows the following

easements:

An inspection of the walls, halls, roofs, yards and fire-escapes shows easements as follows:

12. Other matters which may or may not be of public record not included above and affecting said title are set forth as follows:

being duly sworn, deposes and says that he is a duly qualified official examiner of title, licensed to practice as such under and by virtue of the laws of the state of New York; that he has personally examined the title to the property described in the foregoing report, and has made the foregoing report, and that the statements contained in said report are true in every particular to the best of his knowledge and belief; and that he has employed all usual means and methods for ascertaining the truth thereof and of all the facts and circumstances affecting and concerning the title to said property.

(Amended by L. 1910, ch. 627, and L. 1916, ch. 547, in effect May 15, 1916.)

§ 435. Form for certificate of title.-The registrar's certificate title shall be in the following form:

(First Certificate) or (Transfer from No. ........)

of (residence, and if a minor give his age; if under other disability, state the nature of the disability); married to (name of husband or wife, or if not married, say not married); is the owner of an estate in fee simple (or as the case may be) in the following land (here describe the premises) subject to the estates, easements, incumbrances and charges hereunder noted. (In case of trust, condition or limitation, say "in trust" or "upon condition" or "with limitation," as the case may be.)

Witness my hand and official seal this (date).

(Seal)

MEMORIALS

Registrar.

of estates, easements and charges on the land described in the above certificate of title.

(Amended by L. 1916, ch. 547, in effect May 15, 1916.)

§§ 7, 12, 16.

Property of extinct churches.

L. 1916, ch. 485.

RELIGIOUS CORPORATIONS LAW.

(L. 1909, ch. 53.)

§ 7. Acquisition of property for cemetery purposes.

Negligence; failure to protect grave from violation.-A religious corporation which maintains a cemetery under the authority of this section is not liable in damages to the relatives of a decedent whose body was stolen from a grave in the cemetery by unknown persons, on the theory that it was negligent in failing properly to protect the grave. No such duty of protection is imposed upon the corporation in the absence of a statutory requirement or express contract to do So. Coleman v. St. Michael's Protestant Episcopal Church (1915), 170 App. Div. 658, 155 N. Y. Supp. 1036.

§ 12. Sale, mortgage and lease of property of religious corporations. Proceeding to sell church property; stay.-Application was made for an order vacating a stay of proceedings instituted by a religious corporation for the purpose of selling church property. Two actions, one in ejectment, one in equity, are pending and involve the conflicting claims of the parties. Under all the circumstances, held, that the court should not vacate the stay, although circumstances may hereafter justify it in doing so. Matter of Westminster Presbyterian Church (1915), 168 App. Div. 823, 154 N. Y. Supp. 361.

§ 16. Property of extinct churches.-Such incorporated governing body may decide that a church, parish, or society in connection with it or over which it has ecclesiastical jurisdiction, has become extinct, if it has failed for two consecutive years next prior thereto, to maintain religious services according to the discipline, customs and usages of such governing body, or has had less than thirteen resident attending members paying annual pew rent, or making annual contribution toward its support, or in case of a parish of the Protestant Episcopal Church, if such parish has ceased for two consecutive years next prior thereto, to have a sufficient number of men qualified to elect or to serve as wardens and vestrymen therein, and may take possession of the temporalities and property belonging to such church, parish or religious society, and manage the same; or may, in pursuance of the provisions of law relating to the disposition of real property by religious corporations, sell or dispose of the same and apply the proceeds thereof to any of the purposes to which the property of such governing religious body is devoted, and it shall not divert such property to any other object. And for the purpose of obtaining a record title to the land and the church edifice, or other buildings thereon, by such incorporated governing body, the surviving trustee or trustees of said extinct church, or if there be no surviving trustee then a surviving member of said extinct church, may, without a consideration being paid therefor by such incorporated governing body, convey to it said land and church edifice, or other buildings thereon, subject, however, to an order of the supreme or county court based upon a petition reciting that said church has become extinct; the names of its surviving trustee or trustees,