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TITLE 5. Duty of supervisors.

Moneys advanced

ral fund to

be reim

bursed.

* S 10. The supervisors of the several counties in which such loans may be made, shall possess the same powers and perform the same duties, in relation to loans under this act as they are empowered and required to do in relation to loans made from the United States deposit fund. [1840, ch., 294 § 4.]

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S 11. Whenever the principal of any moneys loaned under the from gene acts relating to the United States deposit fund shall be paid into the treasury, such sum shall first be applied to the reimbursement of the moneys advanced from the treasury on account of a loan from the general fund to the United States deposit fund, to make up the amount formerly directed to be lent in the several counties; which application of such payments shall continue until the abovementioned advances shall have been fully reimbursed, after which all other such payments shall be applied to the reimbursement of the loan made by the commissioners of the canal fund for the same purpose, in the manner now prescribed by law. [Same ch., § 5.]

Capital, how increased.

Amount to be yearly

added to

common

* 12. The sum of eighty-four thousand three hundred and fiftyeight dollars and fifteen cents, which has been appropriated to the state under the provisions of the act of congress entitled "An act to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights," passed September 4th, 1841, which is now deposited in the Commercial Bank of Albany, and the interest thereof is hereby appropriated to the use and benefit of the common school fund; but said moneys appropriated by virtue of this act are hereby received only in deposit, and liable to be refunded to the treasury of the United States whenever congress shall direct by law. [1845, ch. 184.]

*S 13. The sum of twenty-five thousand dollars of the income of the United States deposit fund set apart by the constitution, School fund. together with the residue thereof not herein otherwise appropriated, shall be annually added to the capital of the common school fund, and the comptroller is hereby authorized and required to invest such surplus moneys in like manner as he is now authorized to invest moneys of the common school fund. [1847, ch. 258, § 7.']

Interest to be paid for

*S14. Whenever any money is paid into the treasury of the school fund state, for or on account of the common school fund, it shall be the in treasury duty of the comptroller to credit the common school fund with interest on the sum so paid in, at the rate of six per cent per annum for the time the same shall remain in the treasury. [1849, ch. 382, § 13.]

TITLE V.

Of the Public Lands, and the Superintendence and Disposition thereof.
ART. 1.-Of the general powers and duties of the commissioners of the land office.
ART. 2. Of the survey and appraisement of unappropriated lands, previous to sale.
ART. 3. Of the sale of the unappropriated lands, and the execution of grants
therefor.

ART. 4. Of grants of land under water.

ART. 5.-Regulations concerning the protection of the public lands, and the payment of charges thereon.

1 Section 8 of chapter 301 of 1849 is in almost the precise words of this section.

ART. 6. Of the duties of the commissioners of the land office, in regard to lands_ART. 1. belonging to the canal fund.

ART. 7.-Of the duties of the commissioners of the land office, in regard to lands

appropriated to the use of the salt springs.

ARTICLE FIRST.

Of the General Powers and Duties of the Commissioners of the Land Office
BEC. 1. Commissioners to superintend the public lands, and to direct the granting thereof.

2. What number may execute the powers of the board.

3. Secretary of state to convene commissioners; who to preside at meeting.

4. Deputy secretary to be clerk; his duty.

5. Commissioners to prescribe form of letters patent; reservation of gold and silver mines.

6. Commissioners to make compensation for failure of title to lands purchased of state.

7. Commissioners may lease improved lands of state.

8. Expenses incurred by commissioners to be paid out of treasury.

9. Commissioners may require the attendance of witnesses.

10. May receive "Indian loans" to be invested.

tend public

$1. The commissioners of the land office shall have the general To superincare and superintendence of all lands belonging to this state, the su- lands. perintendence whereof is not vested in some officer or board. They shall also have power to direct the granting of the unappropriated [198] lands of the state, according to the directions from time to time to be prescribed by law.1

act.

$2. All the powers now vested or hereafter to be vested in the Majority to commissioners, may be executed by a majority of the board. or by any three of them, if the [state engineer and surveyor] be one of such three.1

vened.

$3. The secretary of state shall convene the commissioners, as How conoften as may be necessary for the transaction of business. At every meeting, the lieutenant-governor, if present, shall preside; if he be absent, the members present shall choose their chairman.2 S4. The deputy secretary of state shall be clerk to the commis- Their clerk, sioners, and shall enter the minutes of their proceedings in a book to be provided for the purpose, which shall be kept in the secretary's office, in proper order, with the papers and documents which may be presented to the board.2

his duties.

$5. All letters patent hereafter to be granted, shall be in such Patents. form as the commissioners shall direct, and shall contain an exception and reservation to the people of this state, of all gold and silver mines.3

moneys in

S6. Whenever the title of the people of this state, to lands grant- To refund ed under its authority shall fail, and a legal claim for compensation, certain on account of such failure, shall be preferred by any person enti- cases. tled thereto, it shall be the duty of the commissioners to direct the payment of the original purchase moneys, which may have been paid to the state by such person, with interest at the rate of six per cent from the time of such payment, to be paid out of the treasury, on the warrant of the comptroller.4

$7. The commissioners may from time to time, lease for terms not exceeding one year, and until the same can be disposed of as required by law, all such lands belonging to the state as have improvements on them, and which are not appropriated to any immediate use; and such leases shall contain proper covenants to guard against trespasses and waste.5

To lease certain

lands.

S8. All expenses necessarily incurred by the commissioners, in Expenses,

11 R. L., 292, § 1. 2 Id., § 2; Laws of 1815, p. 10, § 5. 1 R. L., 293, § 5. 4 Id., § 6; Laws of 1826, p. 326, § 1. Laws of 1819, p. 300, § 3.

how paid.

TITLE 5. the discharge of the duties that are or shall be enjoined on them by law, shall be audited by the comptroller, and paid out of the treasury.1

Commissioners may

attendance

*S 9. The commissioners of the land office may require the require the attendance of any person as a witness on the part of the state of witnesses whenever in their opinion the interest of the state may render it proper, in relation to any application that is or may be pending before them; and for that purpose they may issue subpoenas, which shall be signed by their chairman for the time being, commanding any such person to appear and testify before them, relative to the subject of such application, and to bring forward and produce to them, any writings, books or papers that may be designated in such subpoena in his possession, or within his control; and every person who after being served with such subpoena and tendered the legal fees, shall without reasonable cause, refuse or neglect to appear and produce such writings, books or papers, or appearing, shall refuse to testify as to any facts within his knowledge relative to the subject matter of such application, shall forfeit one hundred dollars to the people of this state, and shall be liable to be committed to prison by the said commissioners until he shall submit to testify and produce such writings, books or papers; and all expenses necessarily incurred in procuring the attendance of any witness and his legal fees, upon being certified by the said commissioners, shall be paid by the treasurer on the warrant of the comptroller. [1839, ch. 134.]

Indian loans.

[199]

*S 10. The commissioners of the land office are hereby authorized and directed to receive from the Seneca nation, or any nation, tribe or band of Indians residing within this state, all such sums of money as such Indians may wish to put in trust with the State of New York, and the same shall be paid into the treasury, and by and under the direction of the commissioners of the land office, vested in good and safe securities by the comptroller, or in stocks of this state bearing interest at the rate of six per cent, to be created and issued therefor, and called "The Indian Loans;" but such moneys shall not be so received except upon the condition that the interest or income of such moneys be paid over and applied under the direction and at the discretion of the commissioners of the land office, for the encouragement of religion and promotion of education amongst the Indians, and for other purposes of public interest, use and benefit, being fit and proper objects of taxation as matters of general and public concern. [1849, ch. 420, § 11.]

ARTICLE SECOND.

Of the Survey and Appraisement of Unappropriated Lands, previous to sale.
SEC. 11. Commissioners of land office to direct surveys of unappropriated lands.

12. To direct re-surveys when necessary.

13. Estimate of expenses to be certified to the comptroller.

14. And to be paid by him.

15. Surveyors to appraise each lot.

16. Appraisal, returns, &c., to be delivered to state engineer and surveyor, and

filed in secretary's office.

17. Surveyors to take an oath.

18. If they make false return, guilty of perjury.

copy to be

19. State engineer and surveyor to make maps of each tract surveyed; where to be deposited,

and copy where filed."

20. Maps to be open to public inspection.

1 Laws of 1819, p. 301, § 4.

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when to be

S 11. [Sec. 9.] The commissioners of the land office may, from ART. 2. time to time, as often as they shall judge it to be for the interest Surveys, of the state, direct the [state engineer and surveyor] to cause actual made. surveys to be made of such parts of the unappropriated lands of this state as they shall direct.1

12. Whenever the commissioners of the land office shall deem it necessary to have the lines of [any] other tracts resurveyed for the purpose of promoting the sale thereof, or for the better identifying the bounds of lots, it shall be lawful for them to direct the [state engineer and surveyor] to cause such surveys to be made. [1831, ch. 61, § 2.]

ings.

S 13. [Sec. 10.] Whenever it shall become the duty of the [state Proceedengineer and surveyor] to make a survey and sale of public lands, he shall obtain, from the commissioners of the land office, a certificate, to be directed to the comptroller, containing their estimate of the expenses of such survey or sale.2

S 14. [Sec 11.] He shall deliver such certificate to the comp- Ib. troller; and the sum at which such expenses are estimated therein, shall be paid to him out of the treasury.2

appraised.

S 15. [Sec. 12.] It shall be the duty of the surveyors who shall Lots to be be appointed by the [state engineer and surveyor] to survey any unappropriated lands, in order to a sale thereof, to appraise the value of each lot, exclusive of the improvements thereon, exceeding the value of twenty-five dollars.3

S16. [Sec. 13.] They shall deliver such appraisement, together Ib. with the returns of such surveys, and maps of the lots so surveyed, and a field book, containing an account of the soil, timber, and local advantages of each lot, to the [state engineer and surveyor ;] who shall cause a copy to be filed in the secretary's office.3

surveyors.

S 17. [Sec. 14.] Every surveyor who shall be employed by the Oath of [state engineer and surveyor,] to survey any unappropriated lands, and to appraise the value thereof, shall, before he proceeds to make such survey and appraisement, take and subscribe the oath prescribed by the constitution, and shall file the said oath, certified by the person before whom the same shall be taken, in the [state engineer and surveyor's] office.*

[200]

$18. [Sec. 15.] In case any such surveyor shall willfully and Penalty for knowingly make a false return of the survey by him made, or shall false return. willfully and knowingly return an appraisal of the lands so surveyed, to the [state engineer and surveyor,] variant from the true value thereof, or without having personally surveyed and explored the same, he shall be deemed guilty of willful and corrupt perjury.4 $ 19. [Sec. 16.] The [state engineer and surveyor] shall make, Maps to be or cause to be made, a map of each of the tracts so directed to be surveyed, distinguishing on such maps the town and county in which the lots are situate; which maps shall be deposited in his office, and a copy thereof, to be furnished by him, shall also be deposited in the office of the secretary of state.5

made, &c.

public.

$20. [Sec. 17.] Such maps and copies shall be open to the in- To be spection of every person, during the stated hours of doing business in the said offices, until the lands described thereon shall be sold.5

1 1 R. L., 295, § 11. 2 Id., § 19. 3 Id., § 13. Id., § 23. Id., § 14.

TITLE 5.

[201]

Lands, when to be sold.

ARTICLE THIRD.

Of the Sale of the Unappropriated Lands, and the Execution of Grants therefor.

SEC 21. Commissioners of land office may direct sales of unappropriated lands.

22. To fix the minimum price, and to designate newspapers for the publication of notices.

23. To prescribe the amount of purchase money to be paid down.

24. All sales by state engineer and surveyor, to be n the city of Albany, unless otherwise directed by land office.

25. To give eight weeks' notice of time, &c., of sale.

26. Conditions of sale.

27. Penalty on purchaser for refusing to comply with conditions of sale.

28. If conditions complied with, state engineer and surveyor to give purchaser certificate.

29. Rights acquired by purchaser, under a certificate.

30 & 31. Purchaser with consent of commissioners of land office may sue for injuries to lands.

32. Purchasers, when entitled to letters patent, and to have their obligations canceled.

33. If certificate is lost or withheld, patent may be issued on proof of the fact.

34. When a part of a lot is paid for, a patent may issue for it.

35. Certain former grants confirmed.

36. When persons die, having pre-emptive right to lands, commissioners to decide on claims

thereto.

37. To establish rules to prevent frauds under two last sections.

38. Lots not sold at public sale by state engineer and surveyor, may be sold to first applicant. 39. Duty of applicant, number of lots which he may take.

40. If no application for unsold lots, minimum price may be reduced.

41. Occupant of certain lands, if sold, to recover value of improvements; value, how to be ascertained.

42. When state engineer and surveyor to appoint appraisers of improvements.

43. What deductions appriasers to make.

44. Expense of appraisal, how paid.

45. Patent not to issue until value of improvements paid.

46. The five preceding sections not to extend to certain lands.

47. Person entitled to grant, dying before it issues, his heirs or devisees entitled to it, on complying with conditions, &c.

48. In case consideration is not paid, heirs or devisees to execute security therefor.

49. If heirs, &c., are not of full age, comptroller and treasurer to open account with them.

50. If account be paid, land to be granted; if not, to be sold at auction.

51. Persons entitled to a grant, to apply within twelve months.

52. If not so applied for, land to be sold.

53. If default be made in payment of obligation given for lands, commissioners may order land to be resold, and previous payments forfeited.

54. On resale by state engineer and surve or a certificate to be given.

55 & 56. Redemption by original purchaser within three months.

57. Sale completed if no redemption.

58. Surrender of certificate on completing sale.

59. No account for less than $50 to be opened.

60. In what cases state engineer and surveyor to bid in, for the state, lands sold for the pur chase moneys due.

61. To sell lanas so purchased, to applicant, giving preference to last owner.

62. If such lands are newly appraised, to be sold at appraised value.

63. Lands purchased for the state by the attorney-general, to be sold by state engineer and surveyor under directions of commissioners, &c.

64. Also to sell lands purchased for the state by commissioners of loans, under the act of 1808. 65. If such resale be ordered, notice to be given to occupant to remove. Duty of district attorney.

66. Proceedings for the removal of occupant; duty and powers of sheriff.

67. If person return without permission, how dealt with, and penalty.

68. Fees of judge and sheriff.

69. Upon a resale of lands, bonds to be delivered up and canceled.

70. If lands bought for the state, on a resale, commissioners to direct terms of sale

71. When commissioners to fix time for performance of conditions of a grant.

72. Notice of time so fixed, how given.

73. If conditions not performed within time so limited, grant forfeited.

74 & 75. Terms on which lands in 4th senate district may be sold.

76. Liabilities and duties of purchasers thereof.

77. Duties of assessors in regard to such lands.

78. Attorney-general, when to cause partition to be made of lands held by the state in joint tenancy, &c.

79. Lands belonging to the school fund, and certain other lands, to be deemed unappropriated lands.

80. Certain conditions released to patentees.

81. Description of certain grants at Onondaga salt springs.

$21. [Sec. 18.] The commissioners of the land office may, from time to time, direct the [state engineer and surveyor] to sell the unappropriated lands belonging to this state, and not otherwise directed to be disposed of, at public auction, in such parcels as they shall deem most for the interest of the state, and for the promotion of the settlement thereof; but not more than twenty thousand acres shall be sold at any one auction, and each lot shall be separately exposed to sale.1

11 R. L., 295, § 12.

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