ings. $22. [Sec. 19.] The commissioners shall, previous to every ART. 3. sale, furnish the [state engineer and surveyor] with a statement of Proceedthe price of each lot, below which it shall not be sold; and they shall also designate the newspapers in which the [state engineer and surveyor] shall cause the notice of sale to be published; but they shall in all cases designate at least one newspaper published in the county where the lands to be sold are situated; or if there be no newspaper therein, then they shall designate at least one newspaper that shall be published nearest to such lands.1 S23. [Sec. 20.] The commissioners shall also, previous to every Ib. sale, prescribe the amount of purchase money to be paid at the time of sale to the [state engineer and surveyor.] In fixing this amount they shall have reference to the value and situation of the lands and the timber thereon, and it shall in no case be less than twenty-five per cent nor more than seventy-five per cent of the purchase money.2 sale. S24. [Sec. 21.] All public sales of lands belonging to the peo- Place of ple of this state, to be made by the [state engineer and surveyor,] shall be held by him in the city of Albany, unless he shall be otherwise directed by the commissioners of the land office. $ 25. [Sec. 22.1 He shall give eight weeks' previous notice of [202] the time, place and conditions of such sale, to be published in such Notice. newspapers as the said commissioners shall have selected and prescribed.* $ 26. [Sec. 23.] Within forty-eight hours after each sale the Conditions. purchaser of each tract shall pay to the [state engineer and surveyor] the first payment required thereon, and execute a penal obligation conditioned for the payment of the residue of the purchase money to the people of the State of New York, in six equal annual payments, with interest at the rate of six per cent.5 a breach of S27. [Sec. 24.] If any purchaser shall refuse or neglect to Penalty for make such payment and to deliver such obligation to the [state them.. engineer and surveyor] as aforesaid, he shall for every such refusal or neglect forfeit the sum of fifty dollars for each lot so by him purchased, to be recovered with costs of suit by the [state engineer and surveyor.]5 $28. [Sec. 25.] The [state engineer and surveyor] on the de- Certificate livery to him of such obligation, and on the receipt of such of sale.. payment, shall give such purchaser a certificate containing the name of the purchaser, a description of the land purchased, the sum paid and the sum remaining due thereon; and shall deliver such obligation to the comptroller.5 $29. [Sec. 26.] The certificate of sale given by the [state engi-Rights acquired lands that have been or may be sold by under it. neer and surveyor] for any him, shall not be deemed to confer upon the purchaser any right to cut down or destroy any kind of wood or timber standing or growing upon such land, unless such right shall be expressly granted by the certificate; but where a right of entering into the possession of any land so sold, shall be vested in the purchaser by the certificate, nothing herein contained shall prevent such pur R. L., 295, § 13; Laws 1826, p. 327, § 5. 2 Laws of 1826, p. 354, § 4. 1 R. L., 296, § 22. 4 Laws of 1826, p. 354, § 15; id., p. 327, § 5.1 R. L., 296, §§ 16 and 18. TITLE 5. chaser from actually using and applying any wood or timber on the land, to the erection of fences or buildings thereon; nor from using the necessary firewood growing thereon, in his family; nor from actually and fairly improving any such land for the purposes of cultivation.1 Actions for injury to lands purchased. Ib. Patents, when to issue. Upon certificate being lost, &c. [203] Parts of lots may be granted. Former grants *S30. Any person who has obtained, or shall hereafter obtain, the certificate of the state engineer and surveyor of having purchased any land of the people of this state, may, upon obtaining the consent of the commissioners of the land office, and on such terms as they shall prescribe, bring and maintain actions for any injury done or to be done to such lands after the date of such certificate, in the same manner as he might have done had a patent been granted in lieu of such certificate. [1829, ch. 261, § 1.] *S31. Any person to whom any such certificate has been or shall be legally assigned, may have the like remedy for any injury done or to be done after such assignment. [Same ch., § 2.] $32. [Sec. 27.] Whenever any purchaser at a sale made by the [state engineer and surveyor] or the representatives or assigns of such purchaser, shall produe to the commissioners the [state engineer and surveyor's] certificate, with a receipt of the treasurer indorsed thereon, for the whole of the purchase money due thereon, it shall be the duty of the comptroller to cancel the obligation executed by such purchaser on the sale, and letters patent for the lands described in the certificates shall be issued.2 $33. [Sec. 28.] Whenever any such certificate shall be lost or wrongfully withheld by any person from the owner thereof, the commisssioners may receive evidence of such loss or wrongful detention; and on satisfactory proof of the fact, may issue a patent to such person as shall appear to them to be the proprietor of the land described in the original certificate.3 *$34. Whenever any person shall pay in full for any part of a lot sold by the [state engineer and surveyor] of this state, and the same shall be certified by the comptroller, according to the thirtyeighth section of article third of title third of the eighth chapter of the first part of the Revised Statutes, it shall be the duty of the comptroller to indorse the portion of principal so paid upon the obligation executed by the purchaser for the whole lot, and letters patent for the part so paid in full may be issued. [1841, ch. 70, § 1.] *S35. All grants heretofore made by the commissioners of the confirmed. land office, of parts of lots, for which payments were made and certified in the manner prescribed by law, are hereby confirmed. [Same ch., § 2:] Upon death ser. S36. [Sec. 29.] Whenever any person shall die, possessed of of purcha- lands to which he had, under any law of this state, a pre-emptive right, the commissioners may hear and determine the claims of all persons who may claim to be entitled, in whole or in part, to such pre-emptive right; and on such determination, the person or persons to whom any such pre-emptive right, in whole or in part, shall be awarded, shall be entitled to all the rights and privileges, 1 Laws of 1826, p. 210, § 4. 21 R. L., 296, § 16. Laws of 1814, p. 21, §§ 2 and S. and be subject to all the restrictions and liabilities, of other purchasers of unappropriated lands.1 ART. 3.. prevent $37. [Sec. 30.] The commissioners shall have power to establish Rules to such rules, as in their opinion may be proper to prevent fraudulent fraud. applications on false suggestions, under the two preceding sections.1 to be sold at $38. [Sec. 31.] Whenever the [state engineer and surveyor] Lots when shall have exposed to sale, any lots of the unappropriated lands of private sale. this state, pursuant to law, and any of such lots shall remain unsold, the commissioners may direct the [state engineer and surveyor] to issue certificates for the sale thereof, to such persons respectively, as shall thereafter, first make application for any of the said lots, at the minimum price affixed to them.2 $39. [Sec. 32.] No person shall be considered as an applicant, Conditions. unless he shall have made the first payment, and executed the obligation required by law; and no one applicant shall be entitled to a grant of more than two lots, except so far as it respects lands in the counties of Saratoga, Washington, Warren, Schenectady, Montgomery, Essex, Clinton and Franklin.3 price may $40. [Sec. 33.] Whenever any lot of the unappropriated lands If not sold, shall have been put up for sale, by the [state engineer and survey- be reduced. or,] and no bid shall be received for the same, and no application be made for the purchase thereof, within a reasonable time, the commissioners may, if in their opinion the minimum price was fixed too high, lessen the same, and direct the [state engineer and surveyor] again to advertise, and proceed with the sale thereof.1 ments to be cases on S41. [Sec. 34.] If any tract of land directed to be sold by the Improvecommissioners, was occupied on the seventeenth day of February, paid for in one thousand eight hundred and nine, and improved to the value certain of twenty-five dollars, or exceeding that value, the occupant, of appraisal. such improvement shall be entitled to recover from the purchaser, the value thereof, at the time of the sale, to be ascertained by appraisers, one of whom shall be nominated by such occupant, another by the purchaser, and a third, in case of their disagreement, by the other two.5 State neer and $42. [Sec. 35.] If either such occupant or purchaser, shall [204] refuse or neglect, on the application of the other, to make such engi nomination, and such neglect or refusal shall be proved to the sat-surveyor to isfaction of the [state engineer and surveyor,] he shall appoint praisers in appraisers, to ascertain the value of such improvement.5 appoint ap certain cases. $43. [Sec. 36.] It shall be the duty of the appraisers, in making Duty of their appraisement, to deduct from the appraised value of such appraisers. improvements, a reasonable allowance for the use of the lands by the occupant, and also for a deterioration of the value thereof, by his cutting and carrying away timber therefrom, during such occupancy, or causing it to be done. S44. [Sec. 37.] The purchaser and occupant, shall each pay one Expense. half of the expense of every such appraisement.5 payment $45. [Sec. 38.] The commissioners shall not issue letters patent Proof of for any such tracts of land, until satisfactory proof be produced, before that the purchaser has, in the manner prescribed in this title, or 1 Laws of 1814, p. 21, §§ 2 and 3. 21 R. L., 297, § 21. 9 Laws of 1815, p. 203, § 5. Laws of 1819, p. 300, § 2. 1 R. L., 296, § 17. Laws of 1817, p. 101, § 4. letters issue TITLE 5. otherwise, satisfied the occupant of such tract, for his improvements thereon.1 Qualifica tion of the $46. [Sec. 39.] The preceding five sections shall not extend five preced to any lands that shall have been previously disposed of by the ing sections. state, or to which the state shall have acquired title by escheat or confiscation, or by purchase at any sale under a mortgage, judgment or other security, or by conveyance from any person indebted Persons entitled to heirs, &c. to take. to it.2 S 47. [Sec. 40.] Whenever any person to whom a grant of land grant, dying shall have been ordered, pursuant to any law of this state, shall die before the issuing of such grant, the heirs and devisees of every such person shall be entitled to such grant, upon their complying with the condition upon which the grant was to have been made.s Duty of heirs, &c. if of age. Proceedings when not of age. S48. [Sec. 41.] In case any moneys shall remain due to the state, on account of the consideration of such lands, and the execution of the securities for the payment of such consideration, or any part of it, shall appear to be one of the conditions required of the grantee, the heirs and devisees, if of age, shall execute them.s S49. [Sec. 42.] If such heirs or devisees are not of full age, the treasurer and comptroller shall open an account with them for such consideration moneys, in their respective offices, and the treasurer shall receive payments and give receipts on such accounts. $ 50. [Sec. 43.] When such account shall be paid in full, the ed; when to grant shall issue to such heirs or devisees; and in case of default in the payment of the moneys due on such account, according to the [205] condition of the grant, the commissioners may direct the [state engineer and surveyor] to sell the land at public auction.3 When land to be grant be sold. Applica tions, when to be made entitled to by persons grant. Proceed ings on omission. Land when to be resold. state engi $51. [Sec. 44.] Whenever any person shall by virtue of any special law, become entitled to a grant of any of the unappropriated lands of the people of this state, he shall apply for the grant within twelve months after the passing of the law in his favor, unless it be otherwise provided by such law.* $52. [Sec. 45.] After the expiration of the time above limited, it shall not be lawful for the commissioners to issue such grants; but such land shall be sold, in the manner directed for the sale of unappropriated lands.1 $53. [Sec. 46.] If any one payment, stipulated in any obligation received by the [state engineer and surveyor,] upon any sale of unappropriated lands, shall remain due one year after the same ought to have been made, the commissioners of the land office may direct the comptroller to put such obligation in suit, or may direct the [state engineer and surveyor] to sell again the land, for the payment of which such obligation shall have been given; and in case of such sale, all previous payments made on account of such land, shall be forfeited to the people of this state.5 Resales by * 54. On every resale of any lands by the [state engineer and surveyor] pursuant to the forty-sixth section of title five [6th] of surveyor. the aforesaid chapter, he shall execute a certificate thereof to the neer and 11 R L. 296, § 17. 2 Laws of 1828, ch. 321, § 5, passed April 21, 1828. • Laws of 1815, p. 201, Id., § 18. § 2. 41 R. L., 299, § 28. purchaser, specifying the terms of the sale, the amount paid by the purchaser, and that the lands are subjeet to redemption, pursuant to the provisions of this act; and in case the premises shall be redeemed as hereinafter provided, the sale shall be void and of no effect. [1836, ch. 457, § 3.] ART. 3. redemption. * § 55. The original purchaser of any land so resold by the [state Time for engineer and surveyor] his heirs or assigns, may redeem the same at any time within three months after such sale. [Same ch., § 4.] * 56. The fourteenth section of title six [7th] of the aforesaid Interest. chapter, and the last clause of the fifteenth section of the same title, as amended by the second section of this act, shall apply to the redemption of lands sold by the [state engineer and surveyor.] [Same ch., § 5.] $57. If the premises resold shall not be redeemed, the pur- Sale, when chaser shall complete the sale immediately after the expiration of pleted. the three months, by paying into the treasury the amount that may remain due on the land, and receiving a patent, or by executing proper bond, and receiving a certificate of the sale. [Same ch, the ficate to be § 6.] 58. On completing the sale pursuant to the last section, the First certi purchaser shall surrender the certificate mentioned in the third sec-surrendered tion of this act, and the new certificate to be issued by the [state engineer and surveyor] shall state, in addition to the other matters required by law, the time when the sale was made, and that the lands have not been redeemed. [Same ch., § 7.] $ 59. No account for lands shall be opened at the comptroller's Accounts. office for a less sum than fifty dollars. [Same ch., § 8.] bid in for $60. [Sec. 47.] Whenever the [state engineer and surveyor] shall When to sell any lot of land, for the purchase moneys due thereon, and the the state. sum due for principal and interest shall not be bid therefor, he shall purchase the same for the state, at the amount so due, with the costs of sale.1 resold. $61. [Sec. 48.] The [state engineer and surveyor] may sell such How to be lot or lots of land, so purchased by him for the state, to any person who may apply to purchase the same; always giving a preference to the last owner, provided he shall apply to purchase the same within three months after the sale, for the amount at which the same was purchased for the state, on the like terms and conditions, as he is authorized to sell the unappropriated lands of the state.1 $62. [Sec. 49.] If the commissioners of the land office shall have directed a new appraisal of such lands, the [state engineer and surveyor] may sell the same in the manner authorized in the preceding section, for the prices at which the lots may be respectively appraised.1 When to be sold at appraisal. lands to be $63. [Sec. 50.] All lands which have been, or shall be purchased Certain for, or on behalf of the state, by the attorney-general pursuant sold. to law, except in cases already provided for by law, shall be sold by the [state engineer and surveyor] under the direction of the commissioners of the land office, in such manner and on such terms and conditions as to them shall appear for the interest of the state.2 1 Laws of 1815, p. 10, § 2. 2 Id-, § 1. |