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previous to any loan to be made by them, give notice that sealed pro- TITLE 2. posals will be received to a given day, and until a certain hour of such day, to be named in the notice; which notice shall be published in two newspapers, in each of the cities of New-York and Albany, and continued for two weeks daily in the New-York papers, and at least twice a week in the Albany papers. And the proposals received by them shall not be opened, until the hour specified in such notice. 15
$ 10. The commissioners of the canal fund shall have power to al- Power to allow all claims for monies paid by the canal commissioners, or any one claims. of them, or by an engineer or agent in their employment, or by any superintendent or toll collector, for judgments recovered against them or either of them, in any suit instituted for any act done by them, under the canal laws of this state, or for costs and expenses incurred in any such suit, or in any suit instituted by them or either of them, under such laws. 16
S 11. The commissioners of the canal fund, before they shall allow Procoedings: any such claim, shall examine into the circumstances under which such costs shall have been incurred, or judgments recovered ; and shall allow such claim, or such part thereof as they shall deem to be reasonable, if they shall be satisfied that such commissioners, or other officers making such claims, have been subjected to such costs, expenses or judgments, while acting in good faith in the discharge of their duty, under any law of this state.16
$ 12. The commissioners of the canal fund shall have power, in to defend their discretion, to direct the attorney-general, or to employ other suite. counsel, to take all necessary steps in defending the interest of the state, in all suits and proceedings before the supreme court, or any other court, which may arise under the laws respecting the canals, or from the appraisement of damages thereon.19
S 13. All monies expended in the construction, reparation or im- Charges on provement of the canals now authorised by law, or allowed or expend- fund. ed by the commissioners of the canal fund under this Title; or expended by the commissioners of the canal fund, the canal commissioners, or other officers or agents employed on such canals, pursuant to any law of this state; together with the compensation to such officers respectively, (including the salaries of the canal commissioners) shall be charged to the canal fund; and the comptroller shall also charge to the canal fund, from time to time, so much for the services of the clerks in his office, devoted to the accounts and revenues of the canals, as in his opinion shall be just and proper. 18
TITLE III. or THE LITERATURE FUND. the fund. sterature fund, how to be invested. par: poruon of the funds of this state, heretofore known and naxher as the “ Literature Fund,” shall continue to be known ** linguished by that name. 19
2. Whenever any money belonging to the capital of the literacom sure fund, shall be paid into the treasury, the comptroller shall invest
the same in such of the public stocks, or subscribe the same to such of the public loans of this state, as the regents of the university shall deem most advantageous.
Common school fund.
OF THE COMMON SCHOOL FUND.
2 Monies to be annually distributed as the revenge of the common school fund.
throughout this state. 20 ribution S 2. There shall be annually distributed as the revenue of the comofitsrevenue.
·mon school fund, and according to the apportionment of the superin
tendent of common schools, then in force, the sum of one hundred thousand dollars, for the support and encouragement of common schools, to be denominated “School Monies"; and as often as such revenue shall be increased by the sum of ten thousand dollars, such
increase shall be added to the sum to be distributed. 21 When paya
a $ 3. The monies so to be distributed, shall be payable on the war.
rant of the comptroller, on the first day of February in every year, to the treasurers of the several counties, and to the chamberlain of the city of New-York.22
S 4. Whenever there shall be in the treasury any money belongCapital hot
ing to the capital of the school fund, it shall be the duty of the comp
(19) Laws of 1827, p. 237, 53. (20) Constitution, art. 7, § 10. (21) Laws of 1836, s. 350; 1819, p. 187, 83. (22) Ib. 1824, p. 337, § 1.
troller to invest the same in such of the public stocks of this state, of ART. 1. the United States, or of the cities of New-York and Albany, as the comptroller and the superintendent of common schools shall deem most advantageous to the school fund; or if they shall deem it more for the interest of such fund, the comptroller may invest such money in the next loan thereafter to be made by the commissioners of the canal fund, or by any other public agent, who may be authorised to borrow monies and issue certificates of stock, upon the credit of the state. 23
$5. It shall be the duty of such commissioners or public agent, to Ib. receive all investments of any portion of the capital of the school fund, at the same rate and on the most favorable terms to the school fund, upon which money shall be borrowed and stock issued at the time of such investment; and certificates of stock shall be taken for such investments in the name of the comptroller, in trust for the school fund, which trust shall be specially expressed in every certificate. 23
$ 6. The care and disposition of all lands belonging to the school Care of the fund, shall be vested in the commissioners of the land-office.
2. What number may execute the powers of the board.
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. S 1. The commissioners of the land-office shall have the general to superin
tend public care and superintendence of all lands belonging to this state, the su- lands.' perintendence whereof is not vested in some other officer or board. They shall also have power to direct the granting of the unappropria
TITLE 5. ted lands of the state, according to the directions from time to time to
V be prescribed by law.24 Majority to $ 2. All the powers now vested or hereafter to be vested in the
commissioners, may be executed by a majority of the board, or by any
three of them, if the surveyor-general be one of such three. 24 How conven- $ 3. The secretary of state shall convene the commissioners, as
often 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.25 Their clerk, S 4. The deputy-secretary of state shall be clerk to the commis
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. 25
$ 5. All letters patent hereafter to be granted, shall be in such 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. 26 To refund $ 6. Whenever the title of the people of this state, to lands granttain cases. ed under its authority shall fail, and a legal claim for compensation,
on account of such failure, shall be preferred by any person entitled He 8, CK8, p. thereto, it shall be the duty of the commissioners to direct the pay
ment of the original purchase monies, 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 war
rant of the comptroller. 27 To lease cer- $ 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. 28
S 8. All expenses necessarily incurred by the commissioners, in 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 trea. sury.29
To refund monies in cer
Expenses how paid.
previous to sale.
10. Estimate of expenses to be certified to the comptroller.
copy where filed. 17. Maps to be open to public inspection. $ 9. The commissioners of the land-office may, from time to time, Surveys
when to be as often as they shall judge it to be for the interest of the state, direct made. the surveyor-general to cause actual surveys to be made of such parts of the unappropriated lands of this state as they shall direct. 30
S 10. Whenever it shall become the duty of the surveyor-general Proceedings. 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. 31
S 11. He shall deliver such certificate to the comptroller ; and the Ib. sum at which such expenses are estimated therein, shall be paid to him out of the treasury.31
$ 12. It shall be the duty of the surveyors who shall be appointed Lots to be by the surveyor-general 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. 32
$ 13. They shall deliver such appraisement, together with the re- Ib. turns of such surveys, and maps of the lots so surveyed, and a fieldbook, containing an account of the soil, timber, and local advantages of each lot, to the surveyor-general; who shall cause a copy to be filed in the secretary's office 32
14. Every surveyor who shall be employed by the surveyor-gene- Oath of surral, 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 surveyor-general's office.33
$ 15. In case any such surveyor shall wilfully and knowingly Penalty for make a false return of the survey by him made, or shall wilfully and to knowingly return an appraisal of the lands so surveyed, to the sur