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during the past thirty years claiming title as owners thereof in fee, and how such title was derived, and shall also annex to said petition a duly certified copy of the sheriff's or referee's deed recorded thirty years since under which petitioners claim title. Derivation: L. 1890, ch. 503, § 2.
§ 362. Order for publication of notice to persons interested. Upon the presentation of such petition, duly verified in the manner prescribed for the verification of pleadings by the code of civil procedure, the said court shall make an order for the publication of a notice requiring all persons claiming any interest in the real property described in such petition to appear before the court at a special term thereof, to be held at a time and place to be therein specified, not less than three months nor more than six months thereafter, and show cause, if any they have, why they should not be forever barred from maintaining any action or proceeding for the recovery of the real property, which shall be substantially described as set forth in said petition, and which notice shall also contain a reference to the time and place of record of the sheriff's or referee's deed referred to in this article. Said publication shall be made once a week for three months successively prior to the return day named in said notice in two newspapers designated in the order as most likely to give notice to any claimant of the property. (Amended by L. 1909, ch. 240, § 70, in effect April 22, 1909.)
Derivation: L. 1890, ch. 503, § 3.
§ 363. Owners of several parcels may unite in proceedings.
In case the property described in said sheriff's or referee's deed shall have been subdivided, the owner or owners of the several parcels thereof may unite in the same petition and proceeding proIvided for by this article.
Derivation: L. 1890, ch. 503, § 4.
§ 364. Hearing and final order upon non-appearance of adverse claimants.
Upon the return day named in said notice the court shall proceed summarily to inquire into the truth of the matters set forth in the petition, and may appoint a referee for that purpose, and if there shall be no appearance by any person claiming any adverse interest to the petitioners in the real property described in the petition, the court may make a final order declaring that the title of the petitioner to such real property has been judicially estab lished, which final order, together with the petition and order for
and proof of publication of the notice, and the proofs taken before the court or referee shall be filed in the office of the clerk of the county in which the real property is situated, and such final order shall be evidence of the facts so declared to be established thereby in all courts and places, and thereafter no action or proceeding for the recovery of the real property described in said final order or any part thereof, or of any interest therein, shall be maintained by any person named as a defendant in the notice of pendency of action referred to in section three hundred and sixty, or by any person or persons claiming under such defendant or either of them. Derivation: L. 1890, ch. 503, § 5. 1
§ 365. Notice and final order upon appearance of adverse claimants.
If any person shall appear on the return day of said notice and claim in writing an interest in the real property adverse to that of the petitioners, stating the nature of his claim and his place of residence, the court may proceed in like manner to inquire into the truth of the facts stated in the petition and may make a final order in like manner and with like effect as above provided, except that such final order shall not affect in any way any person who shall have appeared on the return day and asserted a claim adverse to the petitioners, as herein provided for.
Derivation: L. 1890, ch. 503, § 6.
§ 366. Notice of pendency to be filed and recorded.
No such final order shall be made until the petitioners named in said proceedings, or their attorney, shall file in the clerk's office of the county in which such real property is situated a notice of the pendency of the said special proceeding, containing the names of all the persons claiming to be then owners of the property in fee, pursuant to said sheriff's or referee's deed, the object of the proceeding, together with a brief description of said property. Each county clerk with whom such notice is filed must immediately record it in the book kept in his office for recording of notices of pendency of an action, and index it to the name of each person claiming to be owner as aforesaid, and said clerk shall be entitled to receive for his services the same fees therefor as are now allowed by law for filing, recording and indexing a notice of pendency of action.
Derivation: L. 1890, ch. 503, § 7.
REGISTERING TITLE TO REAL PROPERTY.
SECTION 370. Petition to register title to real property.
371. Petitions and proceedings to be in the supreme court; title part of special term.
372. County clerks and registers to be registrars of title.
373. Registrar's bond.
374. Deputy registrars' powers and duties.
375. Compensation of registrars and deputy registrars, official examiners of title, and registration clerks.
376. Disposition of fees received by registrar.
377. Official examiners of title.
378. What owners may apply; what titles may be registered. 379. Contents of petition for registration; other papers to be filed. 380. Official examiner's report of title; other evidences of title. 381. Survey, map, or plan to be filed.
382. Notice of petition and of pendency of proceeding.
383. Filing of caution.
384. Agent of nonresident petitioner.
385. Proceedings upon the petition; notice of hearing.
387. Summons and notice to be posted on the land.
389. Any person interested may appear and defend.
390. Title in lands vested; clouds thereon removed.
391. Final orders conclusive; to be entered and docketed as a judg
392. Fraud; action to set aside the final order or judgment or to recover the property.
393. Registration of title.
394. Certificate of title.
395. Title book.
396. Duplicate certificate of title.
397. Owner's receipt for certificate of title.
398. Certificate to include dealings pending registration.
399. Certificate of title as evidence.
400. Rights of owners of registered property; exceptions; incum
brances and transfers to be filed.
401. Registered property not affected by prescription or adverse possession.
402. Fraud; notice only by registration.
403. Memorial to be carried forward.
404. Registered property to remain registered.
405. Registered property subject to same rights and burdens as unregistered property.
406. Transfers of registered property.
SECTION 407. Certificate as to part of property remaining after transfer. 408. Book of covenants, restrictions, trusts and forms.
409. Filing, entering and indexing papers pursuant to this act; tickler certificate.
410. Notice of filed papers.
411. Addresses of interested parties; notice.
412. When a transfer is deemed to be registered.
413. New certificates of title.
414. Loss of owner's duplicate.
415. Mortgages, leases and other liens and charges; may be regis
416. Proceedings to register mortgage, lease or other lien or charge. 417. Judgments, decrees, attachments and other liens to be noted on. certificate.
418. Assignment of mortgage, lease, or other lien or charge.
421. Powers of attorney to be filed and registered.
422. Reference of doubtful matters to the court.
423. Death of owner of registered property; transfer of property.
425. Title derived through execution of a power in a will.
427. Compensation from assurance fund.
428. Action against assurance fund.
429. Restrictions on claims against assurance fund.
430. Penalties for fraudulent acts or false certificates.
431. Forgery and fraudulent stamping; penalty.
132. Fees to be charged.
133. Construction of article.
434. Form for official examiner's report of title.
§ 370. Petition to register title to real property.
Real property, or any estate, interest, or right therein, the title which is hereby authorized to be registered, may be brought under the operation of this article by the filing of a verified petition praying for registration, with the clerk of the county in which the land, or some portion thereof, is situated. The petition may be so made in person by the owner or owners of such property, estate, interest, or right, or, where special circumstances are shown making it impracticable for the owner to make such petition in person, by an agent acting under a power of attorney acknowledged in the same manner as a deed to be recorded. A corporation may also apply by its duly authorized officer or agent. An infant or other person under disability may apply by his legally appointed guard
ian, or trustee, or committee. The natural person or corporation, in whose behalf the petition is filed may be known, and is treated in this article, as the petitioner. Any other party to the proceeding may be known as a defendant. (Amended by L. 1910, ch. 627; L. 1918, ch. 572, in effect May 8, 1918.) Derivation: L. 1908, ch. 444, § 2.
§ 371. Petitions and proceedings to be in the supreme court; title part of special term.
The petition for registration must be made to the supreme court; or to a justice thereof, sitting at a special term in any of the counties within the judicial department where the property is situated, and for that purpose said court shall be always open; and its orders, judgments and decrees in cases coming under this article may be made and entered as well in vacation as in term time. The proceedings upon such petitions shall have the effect of proceedings in rem against the land, and the final orders shall have the effect of final judgments in an action and shall operate directly on the land and vest and establish title thereto. An issue raised in such a case shall be tried at a special term of said court, in the county in which the petition is filed, by the court, except that an issue of fact may be tried by a jury, in the manner prescribed by the constitution and code of civil procedure. When in any county the amount of business under this article makes it necessary or proper that such business should be attended to by one or more justices of said court assigned for that purpose, the appellate division of the judicial department in which such county is situated shall designate as many justices as may be deemed necessary, to constitute the "title part" of the special term in that court; and said appellate division shall provide by rules of practice for the conduct, in said title part, of the business coming under this article in such county. Said appellate division may assign one or more additional justices to said "title part" of the special term, or withdraw one or more justices therefrom, as the business coming under this article may require and the availability of the supreme court justices make proper. One of the justices so assigned to the "title part" of the special term in any county shall be designated by said appellate division to have general supervision and control of the business coming under this article in that county; and so far as is reasonably possible, such designation shall remain