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when to be

sons entitled


to be resold.

grant, the commissioners may direct the surveyor-general to sell the ART. 3. land at public auction. 52

$44. Whenever any person shall by virtue of any special law, be- Applications come entitled to a grant of any of the unappropriated lands of the peo- made by per. ple of this state, he shall apply for the grant within twelve months to grant. after the passing of the law in his favor, unless it be otherwise provided by such law.54

S 45. After the expiration of the time above limited, it shall not Proceedings be lawful for the commissioners to issue such grants; but such land on shall be sold, in the manner directed for the sale of unappropriated lands. 54

$ 46. If any one payment, stipulated in any obligation received by Land when the surveyor-general, 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 surveyor-general 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. 55

$ 47. Whenever the surveyor-general shall sell any lot of land, for when to be the purchase monies due thereon, and the sum due for principal and State. interest shall not be bid therefor, he shall purchase the same for the state, at the amount so due, with the costs of sale.56

$ 48. The surveyor-general may sell such lot or lots of land, so How to be repurchased 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 authorised to sell the unappropriated lands of the state.56

$ 49. If the commissioners of the land-office shall have directed a When to be new appraisal of such lands, the surveyor-general may sell the same, praisal. in the manner authorised in the preceding section, for the prices at which the lots may be respectively appraised. 56

$ 50. All lands which have been, or shall be purchased for, or on Certain lands behalf of the state, by the attorney-general pursuant to law, except in surveyor-gen. cases already provided for by law, shall be sold by the surveyor-general, 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. 57

bid in for the


to be sold by

(53) Laws of 1815, p. 201, § 2. (54) 1 R. L. 299, $28. (55) Ib. & 18. (56) Laws of 116, p. 10, 62. (57) Ib. 81.

lands resold

TITLE 5. S 51. It shall also be his duty to sell, uuder the like directions of

the commissioners of the land-office, and on the terms and conditions prescribed by them, all or any of the lands purchased by the commissioners of loans, for the benefit of the people of this state, according to the provisions of “an act authorising a loan of monies to the citizens

of this state,” passed April 11th, 1808.58 Occupants of $ 52. Whenever the commissioners direct a re-sale, pursuant to to be remor- the foregoing provisions, they shall cause notice to be given to every

occupant of such land to remove therefrom ; and in case of his refusal or neglect to comply with such notice, they shall direct the district attorney of the county in which such lands may be situated, to enter a complaint against such occupant, before one of the judges of the

court of common pleas of the county. 59 Proceedings. $ 53. The judge shall proceed to examine into the matter; and

on proof, by the production of a certificate from the clerk of the commissioners of the land-office, that a re-sale of such land has been duly ordered for default of payment, he shall issue his warrant to the sheriff of the county, commanding him, within ten days after the receipt thereof, to remove such occupant from such lands; and it shall be the duty of the sheriff, within the time specified in the warrant, to remove such person, and for that purpose, he shall have the same

powers as in the execution of criminal process. 60 Penalty for S 54. The sheriff shall retain such warrant in his hands, and if returning af ter removal. any person so removed shall return, to settle or reside upon such

lands, without the consent of the surveyor-general, such person shall be forthwith removed by the sheriff, pursuant to the warrant; and shall also be deemed guilty of a misdemeanor, and be liable, on conviction, to be fined or imprisoned : the fine not to exceed one hundred dollars, and the imprisonment not to exceed thirty days.60.

$ 55. Every judge who may issue a warrant under this Title, for issuing such warrant and taking the preliminary proof, shall be entitled to receive a fee of one dollar in each case; and the sheriff, for executing every such warrant, shall be allowed such compensation as the comptroller shall certify to be reasonable ; which fees shall be

paid out of the treasury.60 Duty of com- S 56. Whenever the commissioners shall cause such lands to be

sold, and such previous payments to be forfeited, they may deliver up and cancel the obligations, given for the lots so ordered to be sold, on the certificates of sale being surrendered. 61

$ 57. If, on any such sale, the surveyor-general shall become the purchaser, in behalf of the state, the commissioners of the land-office



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shall direct, whether the land purchased, shall be offered for sale by ART. 3. the surveyor-general, at the price for which the same was purchased by him, or whether a new appraisement shall be made thereof, under bis direction.62

$ 58. Whenever grants of land shall have been directed to be Time for permade by the commissioners of the land-office, upon the performance ditions of of any conditions by the grantees, and no time for the performance of ixed. such conditions has been prescribed by law, or by the terms of any agreement on the part of the state, the commissioners may fix a reasonable time for the performance of such conditions, not less than one

forming con

Fear. 63

of certain

$ 59. They shall cause notice of the time so fixed, to be inserted Notice. in the state paper for at least six weeks, and shall transmit by mail a copy of such notice to the persons interested. 63

$ 60. If such conditions shall not be performed, within the time Forfeituro. limited in such notice, the person or persons entitled to any benefit under such grant, shall forfeit all right and title in the premises. 63

$ 61. The commissioners of the land-office, upon the application Terms of sale of any person for any unappropriated lands in the fourth senate dis- lands. trict, not less than one hundred and sixty acres, may sell such lands, if already surveyed, at such price as they shall ascertain to be their cash value.64

S 62. If application be made for any quantity of such lands, not Proceedings. less than one thousand acres, not already surveyed, the commissioners may cause surveys and estimates thereof to be made, and may sell the same at their real cash value, as ascertained by them.64

$ 63. The purchasers of lands under the two last sections, shall Conditions. be subject to the duties and liabilities, and entitled to the rights and privileges, of other purchasers of unappropriated lands. 64

$ 64. No lands so sold, for five years after the sale, shall be assess- How assess ed by the assessors of the town in which they shall lie, at any higher valuation than the estimate upon which they were sold, unless improvements shall within that time have been made thereon; in which case, the value of such improvements shall be added to the estimate. 64

$ 65. The attorney-general, whenever so directed by the commis- Partition in sioners of the land-office, shall cause partition to be made of such how made tracts of land as are held in joint tenancy, or tenancy in common, in which the people of this state are interested; and for that purpose he may do all such acts as any joint tenant, or tenant in common, is authorised by law to do.66

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certain cases

(62) Laws of 1914, p. 10, $ 2. (63) Laws of 1827, p. 82 & 83, $ ). (61) Laws of 1827, p. 279. (65) 1 R, L. 484, $ 1.

What to be deemed un


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Certain waters.

TITLE 5. $ 66. The lands belonging to the common school fund, all escheat

ed lands, and all other lands belonging to this state which are not deemed un, directed by law to be kept for, or applied to, any specific purpose, shall be deemed unappropriated lands, within the meaning of this Title.66


Of Grants of Land under Water.
Sec. 67. When and to whom commissioners may grant lands under water.

68 & 69. The power given in preceding section to extend to certain waters.

70 & 71. Applicants to give notice, and how. When and to $ 67. The commissioners of the land-office shall have power to

grant so much of the lands under the waters of navigable rivers or lakes, as they shall deem necessary, to promote the commerce of this state ; but no such grant shall be made to any person, other than the proprietor of the adjacent lands, and every such grant that shall be made to any other person, shall be void.67

$ 68. The powers hereby vested in the said commissioners, shall extend to lands under the water of Hudson's river, adjacent to the state of New-Jersey; and also to lands under the waters adjacent to and surrounding Great Barn Island, in the city and county of NewYork; and to the land between high and low water mark on said island; but no grant shall be so made, as to interfere with the rights of the corporation of the city of New-York, or to affect the navigation of the waters surrounding the said island. 67

S 69. The powers of the commissioners shall also extend to the lands under water, adjacent to and surrounding Staten Island; but no such grant shall be so made as to interfere with any rights of the corporation of the city of New-York, or to extend more than five hun

dred feet into the water, from low water mark. 67 Notice by ap- S 70. Every applicant for a grant of land under water, shall, pre

vivus to his application, give notice thereof, by advertisement, to be published for six weeks successively, in a newspaper printed in the county in which the land so intended to be applied for, shall be situated; and shall cause a copy of such advertisement to be put up on the door of the court-house of such county, and if there be no courthouse in the county, then at such place as the commissioners shall direct.67

$ 71. If there be no newspaper published in the county where such land shall lie, the advertisement shall be published in the newspaper that shall be printed nearest to such land.

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(66) Laws of 1828, chapter 321, 96, passed April 21, 1829. (67) 1 R. L. 293, § 4; Laws of 1815, p. 201, § 1.

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ART. 5. Regulations concerning the Protection of the Public Lands, and

the Payment of Charges thereon. Sec. 72. Sheriffs to report trespasses committed upon unpatented lands within their coun

ties, when required. 73. Duty of district attorney. 74. Penalty for taking timber from lands of state, and from Indian landa. 75. Application of such penalties when collected. 76. When body of defendant is taken in execution for such penalty, not entitled to jail

limits. 77. Assessments made upon lands of state, to be paid out of the treasury. $72. The commissioners of the land-office may require the sheriff Trespassos to of any county, in which lands belonging to the people of this state, by for which patents shall not have been issued, or any Indian lands, may be situated, to examine and report to them, and to the district attorney of his county, any trespasses that may be committed on such lands, by cutting or carrying away the timber thereon.68

$ 73. Every district attorney, on receiving any such report, and Duty of dis. also whenever directed by the commissioners of the land-office, shall commence suits against such trespassers, for the penalty imposed in the next section; or shall present indictments against such trespassers to the grand jury of his county, as he shall judge most discreet. In either case, he shall cause the witnesses to support such prosecutions to be duly subpoenaed, and shall conduct such prosecutions to a final determination.68

$ 74. Every person who shall trespass on any land belonging to Penalty for the people of this state, or any Indian lands, by cutting or carrying public and away, timber growing thereon, shall forfeit and pay the sum of twenty-five dollars for every tree that shall be cut or carried away by him, or under his direction.68 $ 75. The district attorney shall apply such penalties, when col- Proceeds!..

how applied. lected, first to the payment of the costs and expenses incurred, including a reasonable compensation to the witnesses who shall attend in behalf of the people, to be certified by the court before which such recovery shall be had, and shall pay the residue thereof into the treasury of the county. 68

$ 76. Whenever execution shall be issued upon judgments reco- Defendant, vered in actions for such penalties, and the body of any defendant oned. shall be arrested thereon, he shall be imprisoned according to law, without being entitled to the liberties of the jail.68 .

$77. All assessments legally made, upon lands belonging to the Assessments people of this state, and all legal rents or charges thereon, shall be lands, how audited by the comptroller, and paid out of the treasury. And this section shall extend to all such assessments on lands sold or leased

trespass on

Indian lande,

how impris.

on public


(68) Laws of 1826, p. 209, $ 3.


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