Mortgages.

1075. Mortgage for Purchase-Money.

[Insert in either of the forms, after the description of the premises:] being the same premises conveyed to the said A. B., by the said Y. Z. and wife, by deed bearing even date with these presents; which are given to secure the payment of [part of] the purchase-money of the said premises.

1076. Mortgage to Secure Indorser.

[As in Form 1070 to the *, continuing thus:] WHEREAS the said party of the second part, at the request, and for the benefit of the said party of the first part, has, on the day of the date of these presents, indorsed a certain made by the said party of the first part, for the sum of dollars, bearing date of

and payable

days after

to the order at : NOW, THEREFORE, this conveyance is intended to secure the party of the second part for all principal and interest money, costs, charges and expenses which he may be compelled to pay, in consequence of the failure of the said party of the first part to pay and take up the said at maturity; and if the amount of the said principal and interest, shall be paid by the party of the first part at maturity, then these presents shall become void, and the estate hereby granted shall cease and utterly determine; but if default shall be made by the said party of the first part in the payment of the said sum of money, or the interest, or of any part thereof, at the time hereinbefore specified, and the same be paid by or collected of the party of the second part, the said party of the first part hereby authorizes and empowers the party of the second part, his heirs, executors, administrators and assigns, to sell the said premises hereby granted, at public auction, and convey the same to the purchaser in feesimple, agreeably to the act in such case made and provided; and out of the money arising from such sale, to retain such sum, or sums of money, as may have been paid by or collected of the said party of the second part, as above mentioned, together with all costs and charges, and pay the overplus (if any) to the said party of the first part his heirs, executors, administrators or assigns.

IN WITNESS [etc., as in Form 1070].

1077. Mortgage to Secure Unliquidated Amount. (c)

[Insert:] To HAVE AND TO HOLD the above-described premises with the appurtenances to the said party of the second part, his heirs and assigns, forever; provided always, and these presents are upon the express condition that if the said [debtor], his heirs, executors or administrators, shall well and truly pay, and save harmless and indemnify the said W. X. and Y. Z., and each of them, of and from all liabilities which they or either of them may have at any time contracted to or for said [debtor], either as surety, indorser,

(c) This is the form which was held sufficient in the case of Youngs . Wilson, 27 N. Y., 251.

Mortgage under Power.

Stipulation in Respect to Sureties.

guarantor or otherwise, whether now due or yet to grow due, and shall save harmless the said W. X. and Y. Z., and each of them, of and from all damages, costs and charges, on account of the same, according to the conditions of a certain bond or writing obligatory bearing even date herewith, executed by the said [debtor] to the said parties of the second part, then these presents shall cease and become of no effect; but in case default shall be made in the payment of all or any part of the said liabilities as the same shall become due, at the time or times limited for the payment thereof, then in such case it shall be lawful, etc.

1078. Mortgage of Land in Exercise of a General Power of Appointment.
THIS INDENTURE, made, etc., between A. B., of and Y. Z., of
of the other part [recite conveyance to mortgagor, to such uses as he might by
deed appoint, and, subject thereto, to uses in strict settlement, and an agree-
ment for loan]: Now, THIS INDENTURE WITNESSETH, that in consideration
[etc., reciting the receipt, etc.], he, the said A. B., in exercise and execution
of the power for this purpose given or limited to him by the said recited
indenture as aforesaid, and of all other powers (if any) enabling him in this
behalf, doth hereby appoint that all [here insert description], shall go,
remain and be to the use of the said Y. Z, his heirs and assigns, subject to
the proviso hereinafter contained. [Continuing as in other cases.]

1079. Stipulation in a Mortgage Giren to Secure the Payment to Trustees
of Outstanding Securities Held by Various Creditors, That It Shall Be
Deemed Purely Collateral, and Shall Not Affect the Liability of Sureties.
[Insert:] AND WHEREAS some of the parties to the notes, bills, accept-
ances or other securities which the lenders of the said several sums of
money hold for the payment thereof, and which parties are liable to the
said lenders therein, may, for any thing that is known to the said parties of
the second part, or to the lenders of the said money, stand in the relation
of sureties to the said the parties of the first part; and whereas it is not the
intention of the said parties to these presents that the said lenders shall, by
the operation of these presents, or of the said bonds, relinquish any security
which they now hold for the payment of the said money or any part there-
of. It is, therefore, expressly stipulated and agreed that these presents,
and the said bonds herein before mentioned and referred to, shall be, and
shall be regarded, in all courts and places as collateral to the said notes,
bills, acceptances and other securities; and that none of the said notes,
bills, acceptances or securities shall be deemed to be merged or extinguished
by the execution of these presents, or of the said bonds, but the same are
to remain in full force and effect; and also in case any of the parties liable,
or who may become liable, upon the said notes, bills, acceptances or other
securities, shall pay the same or any part thereof before the money hereby
secured shall become due and payable according to the periods of payment
herein before prescribed, and shall, by such payment, or in any otherwise,
become entitled to prosecute the said the
Company, or any

Mortgages.

Naturalization.

other party or parties, upon the said notes, bills, acceptances, or for such money paid or otherwise; the said parties so paying, and who shall become entitled to prosecute as aforesaid, shall, notwithstanding the credit or time of payment hereinbefore and in the said bond mentioned, be entitled immediately to maintain any suits or actions at law or in equity, in the same manner and to the same extent in every respect as though these presents and the said bonds had not been executed, or had been made payable immediately, and shall likewise be entitled to the same benefit of subrogation which they would be entitled to if the said time of credit had not been given, and for that purpose, in all suits and proceedings to be had or taken by any such party, in his own name or otherwise, the said moneys hereby secured shall be deemed to be, and shall be due and payable immediately, so far only as may be necessary to secure to the said parties who are sureties all rights and advantages incident to their relation as such sureties, any thing herein contained to the contrary notwithstanding.

1080. Stipulation as to Paying Off in Advance.

[Insert both in the mortgage and the bond, after the clause fixing the time of payment, such a clause as the following:] with the privilege to the parties of the first part, their executors, administrators or assigns, at any time before said day of 18 to pay off said mortgage in whole or in or more dollars at a time, on giving writing, to the party of the second part, his executors, administrators or assigns, of intention so to do.

sums of

notice, in

CHAPTER LXIII.

NATURALIZATION.

AN alien applying for naturalization must, with the exception stated below, be a free white person who has resided in the United States for the continued term of five years next preceding his admission, and one year at least within the State or Territory where the court is held that admits him. Two years at least before his admission he must declare on oath or affirmation, before a court of record having common-law jurisdiction and a seal and clerk, or before a circuit or district court of the United States, or before a clerk of either of the said courts, that it is bona fide his intention to become a citizen, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, State or sovereignty, and particularly by name the prince, potentate, State or sovereignty of which he is at the time a citizen or subject.

By a recent statute, it is provided that an alien who has been honorably discharged from the military service of the United States may be naturalized on proof of one year's residence.

General Principles.

The declaration of intention is recorded by the clerk, and a certificate, under the seal of the court, and signed by the clerk, that he has made such a declaration, is given him, which is received thereafter as evidence of the fact. If the applicant was a minor under the age of 18 years when he came to the country, this previous declaration of intention is dispensed with, and he is entitled to be admitted after he has arrived at the age of 21 years, if he has resided five years in the United States, including the three years of his minority, and has so continued to reside up to the time when he makes his application, upon complying with the law in other respects.

When the applicant has completed the necessary residence, he must prove the fact before one of the courts previously named, by other testimony than his own oath. One witness, if he knows the fact, is sufficient. If entitled to admission without a previous declaration of intention, the alien must declare upon oath, and prove to the satisfaction of the court, that, for the three years next preceding his application, it was bona fide his intention to become a citizen; and every applicant must prove (which may be done by his own oath, unless the court should require other testimony) that he has behaved, during the period of his residence, as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same.

The mode of admission is as follows: The applicant goes to the clerk of the court, and exhibits the certificate of his having declared his intention. The clerk then prepares a written deposition for the witness, setting forth his knowledge of the applicant's residence, and of his good character; and another for the applicant, declaring that he renounces all allegiance to every foreign Power, and particularly that of which he is a citizen or subject; and if he has borne any title of nobility, that he renounces it, and that he will support the Constitution of the United States. The parties are then taken before the judge, who examines each of them under oath; and if he is satisfied that the applicant has resided in the country for the requisite period, and is a man of good character, he makes an order in writing for his admission. The depositions are then subscribed by the parties, and publicly sworn to in court in presence of the judge; and the certificate of the declaration of intention, the depositions and the order of the judge are filed, and constitute the record of the proceeding. A final certificate under the seal of the court, signed by the clerk, is then given the alien, declaring that he has complied with all the requisites of the law, and has been duly admitted a citizen, which certificate is Conclusive evidence thereafter of the fact. In the case of a minor, the previous declaration of intention is dispensed with; but in all other respects the course of procedure is the same.(a)

1081. Declaration of intention....

1082. Certificate by clerk.....

1088. Oath of applicant for naturalization..

1084. Proof of residence and good behavior..

1085. Certificate of citizenship.....

1086. Affidavit of resident alien to enable him to hold real property..

PAGE

557

558

558

558

559

559

1081. Declaration of Intention.

I, A. B., do declare on oath [or, do affirm] that it is bona fide my intention to become a citizen of the United States, and to renounce forever all * allegiance and fidelity to all and any foreign prince, potentate, State and sovereignty whatever, and particularly to [here designate former allegiance—

(a) This summary of the law and practice is chiefly taken from an article on the

subject, from the pen of Hon. CHARLES P. DALY, in the New Am. Cycl.

Proceedings for Naturalization.

e. g., thus:] Victoria, queen of the United Kingdom of Great Britain and Ireland.

[Signature.]

I, M. N., clerk of

do certify, that the above is a true copy of the original declaration of intention of A. B. to become a citizen of the United States, remaining of record in my office.

[Seal of

office.]

day of

IN TESTIMONY WHEREOF, I have hereunto subscribed my name,
and affixed the seal of the said court, the
one thousand eight hundred and

[Signature of] Clerk.

1083. Oath of Applicant for Naturalization.

SUPREME COURT,

County of

}

85.

I, A. B., do swear [or, affirm] that I will support the Constitution of the United States, and that I do absolutely and entirely renounce and abjure [continuing as in Form 1081 from the* to the end; and if the applicant, by reason of having been a minor, has made no previous declaration, add before the authentication of the affidavit, And I do also swear [or, affirm] that it is bona fide my intention, and has been for the last three years, to become a citizen of the United States].

1084. Proof of Residence and Good Behavior. COURT,

ན་

88.

County of C. D., of being duly sworn [or, affirmed], says, that he is a citizen of the United States, and is, and for five years last past has been, well acquainted with A. B, now present; that said A. B. has resided within the United States for five years at least last past, and for one year last past within the State of New York; and that during that time the said A. B. has behaved as a man of a good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same [and if the applicant, by reason of having been a minor, has made no previous declaration of intention, add: and that said A. B. became of the age of twenty-one years on the day of 18;

and that he resided within the United States at least three years next previous to his becoming twenty-one years of age).

SWORN [etc., as in Form 1081].

[Signature.]