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Sec. 12. Attorney-general to decide upon conflicting claims to such surplus.

TITLE 8. 13. Comptroller, with advice of governor, to dispose of bank stock owned by state. 14. What state officers to attend legislature, and report upon matters referred to them. 15. Secretary, comptroller and surveyor-general, to file quarterly accounts of receipts

with treasurer. 16. How comptroller, &c. may seal papers. 17. Certified copies of papers in the office of comptroller and surveyor-general, evidence. 18. What duties deputy secretary and deputy comptroller to perform. 19. Offices of secretary, comptroller, treasurer, attorney-general and surveyor-general,

to be kept in the public building in Albany. $1. Whenever the governor, the secretary of state, the comptrol- officers may

administer ler, the deputy comptroller, the treasurer, the attorney-general, and certain oaths. the surveyor-general, shall either of them legally require proof, by affidavit, in any matter belonging to his office, the officer requiring the proof may administer the necessary oath.77

S 2. The comptroller, the attorney-general, and the surveyor-gene- Extinguiskral, or any two of them, with the consent and approbation of the go- Cluirne. vernor, may, from time to time, extinguish all legal claims on lands sold under the authority of this state, or granted, for a valuable consideration, under its authority. The monies required for such purposes, shall be paid out of the treasury; and in no case shall the sum paid for the extinguishment of any such claim, exceed the principal monies, with interest thereon at the rate of six per cent. per annum, for which the lands, to which the claim relates, shall have been sold by the state.78

$ 3. Whenever it shall appear to the comptroller, the attorney- Sales for i general and the surveyor-general, or any two of them,79 that any invalid. sales of lands, for arrears of quit-rents, have been improperly made, or that such sales cannot, for any reason, be effectual, it shall be the duty of the officers so acting, or of any two of them,79 to subscribe a certificate of the fact, and of the reasons why, in their judgments, such sales were improper, or why they can not be effectual, and to file the same in the office of the comptroller. 80

S 4. Upon the filing of such certificate in his office, it shall be May be canlawful for the comptroller to cancel such sales on his books, and to refund to the purchasers, their heirs or assigns, the amount of the consideration money paid, together with interest, at the rate of six per cent. per annum, from the time of such payment until such sale. is vacated, not exceeding six years in the whole. 80

S 5. Whenever such re-payment shall be made, and whenever Money how monies shall be refunded by the comptroller, for payments erroneously refund made into the treasury, on account of quit-rents, the one equal moiety thereof shall be paid out of the common school fund, and the other moiety out of the literature fund.80



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Mortgaged lands, when

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Satisfaction of judgments to state.

... 6. The comptroller, with the consent of the attorney-general, if

they shall be satisfied that the interests of the state will not be prejusom duced, may release any portion of a real estate, subject to a judgment

in favor of the people of this state, from the lien created by such

judgment. 81 who wish teren 57. Where the attorney-general shall ascertain that lands mort

gaged to the people of this state, are incumbered by prior judgments or mortgages, he may, with the advice and consent of the comptroller, discharge such prior incumbrances, and take an assignment thereof to the people of this state; and all sums of money required for such purpose, shall be paid to him out of the treasury. 82

8. Whenever any lands which shall have been mortgaged to the to be redeem- people of this state, or purchased for the people on the foreclosure of

a mortgage, shall be sold on execution, by virtue of a judgment recovered prior to such mortgage, the attorney-general, with the advice and consent of the comptroller, may redeem such lands, in the same manner as judgment creditors are authorised by law to redeem. 83

S 9. The attorney-general and comptroller, or either of them, may ents acknowledge satisfaction of any judgment in favor of the people of

this state, when the same shall have been settled or discharged, either by payment, or by legislative provision; and the clerk of the court in which the judgment was docketed, shall, on filing a satisfactionpiece, acknowledged by them, or either of them, enter satisfaction of record.84

S 10. Whenever any premises mortgaged to the people of this al' land for state, or any lot or tract of land, purchased in for the benefit of the

state, or for which a certificate shall have been given to a former purchaser, shall be sold by the attorney-general, on a foreclosure by notice, or under a decree, or shall be resold by the surveyor-general, for a greater sum than the amount due to the state, with the costs and expenses of such foreclosure or resale, the surplus monies received into the treasury, after a conveyance shall have been executed to the purchaser, shall be paid to the person legally entitled to such land, at the time of the said foreclosure, or at the time of the forfeiture of such original contract; but the comptroller shall not draw his warrant for such surplus money, unless upon satisfactory proof, by affidavit, or otherwise, of the legal right of the person in whose favor such warrant shall be applied for.85

$ 11. Whenever any lands or tenements shall have been purchasbought for ed, or shall hereafter be purchased, by the attorney-general, in behalf to be credit of this state, on the foreclosure of any mortgage, and such lands or

tenements shall be sold, or shall heretofore have been sold by the

Surplus mo

monies due the state.

If lands on Ruch wale are

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commissioners of the land-office, for a greater sum than the amount bid TITLE 8. by the attorney-general on such sale, it shall be the duty of the comptroller to give credit to the mortgagor, on his bond, for the amount at which the said lands and tenements shall have been sold, or shall be sold, after deducting therefrom all the costs, charges and expenses of such sale ; and if such lands and tenements have been sold, or shall be sold, for an amount greater than is due to the people of this state from such mortgagor, or if such mortgagor shall have paid into the treasury the balance due on his mortgage, after such purchase by the attorneygeneral, and if on the sale thereof by the commissioners of the landoffice, there shall be any excess over and above the amount due to this state, and the costs and expenses of such foreclosure, purchase and sale, it shall be the duty of the comptroller to refund to the mortgagor, his assignee, or the person entitled thereto, such excess. 86

$ 12. It shall be the duty of the comptroller, where interfering Interfering claims to such surplus monies shall be made, to refer such claims to plus. the attorney-general, whose decision as to the rights of the respective claimants, shall be final and conclusive as to any claim against the

claims to sur

state. 87

S 13. The comptroller, by and with the advice of the governor, Bank stock. may, from time to time, dispose of any of the bank stock belonging to the state, and apply the proceeds to the credit of the treasury, or invest them in other stocks, as may be judged most expedient. 88

S 14. It shall be the duty of the secretary of state, the comptroller, Officers to av the treasurer, the attorney-general, and the surveyor-general, to attend ture. the legislature during their session; and to report on all matters referred to them by the legislature, or by either house.

count of fees





cia papers.

S 15. The secretary of state, the comptroller, and the surveyor- Quarterly acgeneral, shall, on the first days of January, April, July and October, in each year, file with the treasurer, an account in writing, of all fees by them respectively received, during the preceding quarter, and pay the amount thereof into the treasury. 89

S 16. In all conveyances and other writings, executed by the seals to ofli: comptroller, under his seal of office, and upon all commissions issued, and certificates granted by the secretary of state or the adjutant-general, it shall be lawful to affix the proper seal, by making an impression directly on the paper, which shall be as valid as if made on a wafer, or on wax.90

S 17. Copies of papers deposited or filed in the offices of the comp- Copies of putroller and surveyor-general, certified by the officer in whose office evidence

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retary and

TITLE 8. they are deposited, shall, in all cases, be evidence equally and in like

manner as the originals. Deputy sec. S 18. The deputy-secretary of state, and the deputy-comptroller, deputy comp shall each of them perform all the duties attached by law to the of

fice of his principal, during an absence of such principal from the

state, or a vacancy in his office.91 Ofices where $ 19. The offices of the secretary of state, comptroller, treasurer,

attorney-general and surveyor-general, shall be kept in the state-hall, in the city of Albany. 92



CHAP. IX. Of the Funds, Revenue, Expenditures and Property of the State ; and the Administration thereof.

Title 1.-Of the general fund, and the expenditures chargeable thereon.
TITLE 2.-Of the canal fund, and the administration thereof.
TITLE 3.–Of the literature fund.
Title 4.-Of the common school fund.
TITLE 5.-Of the public lands, and the superintendence and disposition

TITLE 6.-Of mortgages to the people of this state, and the foreclosure

Title 7.-Of the public buildings and erections.
Title 8.–Of the state library.
Title 9.Of the canals.
Title 10.-Of the salt springs.
Title 11.-Of the interest of the state in mines.
Title 12.–Of escheats.
Title 13.-Of the recovery of forfeited estates.




Sec. 1. Designation and description of the general fund.

2. Duties on pedlers to belong to general fund.
3. Fees of secretary of state, comptroller and surveyor-general, part of general fund;

tariff of those fees.
4. Monies recovered for certain penalties to go to general fund.
5. Salaries of officers of govenment.
6. Salaries, when and how payable.
7. Treasurer may retain his salary.
8 & 9. Pay of lieutenant-governor.
10. Sums allowed for clerk hire, and how and when paid.

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Sec. 11. Furniture, stationary, &c. of certain officers, to be paid out of the treasury. TITLE 1. 12. Blanks, books, stationary, &c. and postage of adjutant-general and judge-advocate

general. 13. Rent and taxes of governor's house. 14. Incidental expenses of the governor. 15. Allowance to governor, to defray expenses of apprehending criminals. 16. Additional expenditures chargeable upon general fund.

17. Deficiency in common school fund, how supplied. SECTION 1. The stocks, debts, and other property heretofore known General fund. as the general fund of this state, shall continue, together with the increase and revenue thereof, and the additions which may be made thereto, to be known and denominated as the “General Fund.” $ 2. All monies paid into the treasury for duties imposed upon Duties oa

pedlers. hawkers, pedlers, and petty chapmen, shall be deemed a part of the general fund.

S 3. The fees of office which may be received by the secretary of Fees of cerstate, the comptroller, and the surveyor-general, shall be deemed a part of the general fund. The rate of such fees shall be as follows:


1. Fees of the Secretary of State. For entering a caveat, twelve and a half cents.

Secretary's Searching the records in his office for any one year, twelve and a half cents, and for every other year in which such search is actually made on request, six cents.

Copies of records, ten cents for each folio containing one hundred words.

Recording, for every folio containing one hundred words, fifteen cents.

Engrossing exemplifications of records, for each folio containing one hundred words, fifteen cents.

Affixing the seal to exemplifications, one dollar.

Each certificate of the secretary, to be read in a court of justice, one dollar.

Every certificate of the secretary, for other purposes, nineteen cents.

For every patent for lands, for a single lot, the sum of one dollar; for each patent for more than one and less than four lots, the sum of one dollar and fifty cents; for each patent for more than three and less than nine lots, the sum of two dollars; for each patent for more than eight lots, the sum of three dollars; and for each patent for lands lying under water, five dollars.

For each license granted to a pedler, hawker, or petty chapman, two dollars.

For recording the depositions of resident aliens, fifty cents each ; and for a certified copy of each deposition, fifty cents."

(1) 2 R. L. 20; Ib. 228, 5 2; Laws of 1825, p. 427, § 8.

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