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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

low certain

$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, un-` der such laws.16

$11. The commissioners of the canal fund, before they shall allow Proceedings. 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

To defend

$12. The commissioners of the canal fund shall have power, in 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.17

the caual

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.1

18

(15) Laws of 1821, p. 26, § 7. (16) Laws of 1827, p. 222, § 8. (17) Ib. § 9. (18) Ib. p. 4, § 3.

TITLE 4.

Literature fund.

Principal

TITLE III.

OF THE LITERATURE FUND.

SEC. 1. Designation of the fund.

2. Capital of literature fund, how to be invested.

$1. That portion of the funds of this state, heretofore known and distinguished as the "Literature Fund," shall continue to be known and distinguished by that name.

19

S2. Whenever any money belonging to the capital of the literahow invested. ture 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.

Distribution

of its revenue.

When payable.

Capital how invested.

TITLE IV.

OF THE COMMON SCHOOL FUND.

SEC. 1. Designation and description of the fund.

2. Monies to be annually distributed as the revenue of the common school fund.

3. When, how, and to whom such monies payable.

4. Capital of the school fund, how to be invested.

5. Duty of public agents to receive such investments, and upon what terms.

6. Care of lands belonging to school fund, vested in commissioners of land-office.

$1. The proceeds of all lands which belonged to the state on the first day of January, in the year one thousand eight hundred and twenty-three (except such parts thereof as may have been or may be reserved or appropriated to public use or ceded to the United States,) together with the fund denominated the common school fund, are to be and remain a perpetual fund, the interest of which is to be inviolably appropriated and applied to the support of common schools throughout this state.20

S2. There shall be annually distributed as the revenue of the common school fund, and according to the apportionment of the superintendent 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

S3. The monies so to be distributed, shall be payable on the warrant 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. 25

22

$4. Whenever there shall be in the treasury any money belonging to the capital of the school fund, it shall be the duty of the comp

(19) Laws of IS27, p. 237, § 3. (20) Constitution, art. 7, § 10. (21) Laws of 1826, p. 350; 1819, p. 187, § 3. (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 . 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.

lands.

TITLE V.

OF THE PUBLIC LANDS, AND THE SUPERINTENDENCE AND DISPO-
SITION 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.

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

ARTICLE FIRST.

Of the General Powers and Duties of the Commissioners of the

Land-Office.

SEC. 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.

tend public

31. 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 other officer or board. They shall also have power to direct the granting of the unappropria

(23) Laws of 1823, p. 47, § 2.

TITLE 5. ted lands of the state, according to the directions from time to time to be prescribed by law.24

Majority to

act.

How conven

ed.

Ther clerk, his duties.

Patents.

To refund

monies in certain cases.

$ 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

$ 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

$ 4. The deputy-secretary of state shall be clerk to the commissioners, 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

$6. Whenever the title of the people of this state, to lands granted under its authority shall fail, and a legal claim for compensation, on account of such failure, shall be preferred by any person entitled tle 8, ch. 8, p. thereto, it shall be the duty of the commissioners to direct the pay

[See $2, Ti

185.]

To lease certain lands.

Expenses

how paid.

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 warrant of the comptroller.27

$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

$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

(24) 1 R. L. 292, § 1. (25) Ib. § 2; Laws of 1815, p. 10, § 5. (26) 1 R. L. 293, § 5. (27) Ib. § 6; Laws of 1826, p. 326, § 1. (28) Laws of 1819, p. 300, § 3. (29) Ib. p. 301, §4.

ARTICLE SECOND.

Of the Survey and Appraisement of Unappropriated Lands,

previous to sale.

SEC. 9. Commissioners of land-office to direct surveys of unappropriated lands.

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

11. And to be paid by him.

12. Surveyors to appraise each lot.

13. Appraisal, returns, &c. to be delivered to surveyor-general, and copy to be filed in
secretary's office.

14. Surveyors to take an oath.

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

16. Surveyor-general to make maps of each tract surveyed. Where to be deposited and
copy where filed.

17. Maps to be open to public inspection.

ART. 2.

when to be

$9. The commissioners of the land-office may, from time to time, Surveys 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

$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

$11. He shall deliver such certificate to the comptroller; and the I. sum at which such expenses are estimated therein, shall be paid to him out of the treasury.3

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 "ppraised. to a sale thereof, to appraise the value of each lot, exclusive of the improvements thereon, exceeding the value of twenty-five dollars. 32

S 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

veyors.

14. Every surveyor who shall be employed by the surveyor-gene- Oath of sur ral, 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

false return.

$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 knowingly return an appraisal of the lands so surveyed, to the sur

(30) 1 R. L. 295, § 11. (31) Ib. § 19. (32) Ib. § 13. (33) Ib. § 23.

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