TITLE 5 under the authority of this state, made prior to the sale or letting of such lands, unless the purchaser or lessee shall have agreed to pay such assessments.69 ARTICLE SIXTH. How and when to be sold. Expense of surveys. Terms of sale. Agents. To give bond. Powers. Expenses. Of the Duties of the Commissioners of the Land-Office, in regard to Lands belonging to the Canal Fund. SEC. 78. How commissioners to dispose of such lands. 79. Expenses of surveys thereof, how defrayed. 80. Conditions of such sales. 81. Commissioners to appoint agents to prosecute for trespasses on lands. 83. They may bring suits in name of people. 84. Compensation and expenses of agent to be paid out of treasury. $78. The commissioners of the land-office shall dispose of the lands conveyed to this state for the benefit of the canal fund, in such manner, at such times, and on such terms as they shall judge best for the interest of the canal fund; and for that purpose, they shall from time to time, cause such surveys and examinations to be made, as they shall deem necessary. $79. The expenses of such surveys and examinations, shall be defrayed in the same manner, as the expenses relating to the surveys and sales, of the unappropriated lands of this state. $80. Whenever any part of such lands shall be sold, the commissioners shall require at least fifty per cent. of the purchase money to be paid in hand, or secured to their satisfaction on other property, payable in three annual instalments, with interest; and in either case, the residue of the purchase money shall be payable in three yearly payments, with interest at the rate of six per cent. per annum. $81. The commissioners of the land-office shall, from time to time, appoint discreet agents, to prosecute all trespassers on any lands belonging to the canal fund. $82. Every such agent shall give such reasonable security, from time to time, to the people of this state, for the faithful execution of his trust, as the commissioners shall require and approve. $83. He may bring suits in the name of the people, against all persons who shall have trespassed on the said lands, and may prosecute the same to judgment and execution. $84. The costs and expenses which such agent may incur in any such suit, together with such compensation for services as the commissioners shall deem just, shall be paid to him out of the treasury; but no allowance shall be made to him for any suit in which (69) Laws of 1822, p. 125, § 1. the defendant shall succeed on the trial, unless the commissioners shall TITLE 6. be satisfied that there was probable cause for bringing such suit.70 TITLE VI. OF MORTGAGES TO THE PEOPLE OF THIS STATE, AND THE FORE- SEC. 1. Mortgages to state may be foreclosed by notice, as under a power of sale: foreclo 2. In foreclosures by notice, attorney-general to give notice, to conduct proceedings, 3. Whenever he thinks proper, attorney-general may foreclose in equity. 4. Whenever premises mortgaged to state are advertised for sale, attorney-general may 5. Pay of persons making appraisal. 6. If appraisal equals or exceeds the amount due state, attorney-general shall bid there. 7. If appraisal is less than amount due, he shall bid the amount of appraisal. 8. Whenever premises are struck off to attorney-general for less than the amount due, 9. Where premises are not purchased for benefit of state, and the mortgage does not 10. If mortgage bears 7 per cent. what to be required of purchaser. 11. If premises sell for more than amount due the state, the purchaser to pay the surplus at time of sale. 12. Attorney-general to give purchaser certificate of terms of sale, &c. 13 When premises are sold under a notice or decree, the mortgagor or his heirs may redeem within 60 days. 14. What to be paid upon such redemption. 15. If premises redeemed were purchased by attorney-general, costs, &c. of sale are to 16. When premises purchased by attorney-general are not redeemed, he shall execute 17. In this case, the expenses incurred by him are to be paid out of the treasury. 18. When premises are purchased by any other person than the attorney-general, and 19. When premises are advertised, terms of sale to be specified in advertisement. sed $1. All mortgages already executed, or hereafter to be executed How foreclo to the people of this state, may be foreclosed, by giving notice, in the cd by notice manner in which mortgagees are authorised to sell, under a power of sale; and every foreclosure so made, shall be an absolute bar of the equity of redemption, as against the mortgagor and all incumbrancers, subsequent to the state, and all persons claiming under him or them; and shall have the like effect against all parties in interest, except prior incumbrancers, as if the mortgage had been foreclosed in a court of equity. $ 2. In all cases of foreclosure by notice, such notice shall be given by the attorney-general, who shall conduct the proceedings necessary to perfect every such foreclosure, and shall execute a proper conveyance, without warranty, to the purchaser. (70) This Article was compiled from the act of 28th March, 1826: (Laws of 1826, p. 74.) TITLE 6. S3. Whenever, in his judgment, it shall be proper, the attorneygeneral may proceed to foreclose the equity of redemption, in any lands mortgaged to the people of this state, in the court of chancery, or in the equity court of the district in which the lands may be situate. In equity. Postponement of sale, appraisal. Pay of ap praisers. Sum to be bid Ib. Sum credited. sale. S4. Whenever any premises mortgaged to the people of this state, shall be advertised for sale, it shall be lawful for the attorney-general, at any time before the premises are actually struck off, to postpone the sale at his discretion, for the purpose of enquiring into the value of the premises; and to employ such person or persons as he shall select, to appraise the same. S 5. The persons employed by the attorney-general to make any such appraisement, shall receive a reasonable compensation for the same, to be settled and allowed by the comptroller, and to be paid out of the treasury. $6. If the mortgaged premises are appraised at a sum equal to, or exceeding, the amount due the state, including costs and expenses, the attorney-general, on the sale of said premises, shall bid therefor in behalf of the people of this state, to the amount of the monies due and costs, in case such bidding shall be rendered necessary, to prevent the sale of such premises, for a less sum. S7. If the mortgaged premises are appraised at a sum less than the amount due the state, the attorney-general shall in like manner bid to the amount of such appraisement, and no more. $8. Whenever any mortgaged premises shall be struck off to the attorney-general, for any amount, less than the amount of mortgage money, interest and costs, no greater sum shall be credited to the mortgagor or any other person, on account of such sale, than the amount bid for the premises sold, deducting therefrom all costs and charges of sale. Conditions of S 9. In all cases of such sales, whether under a notice or decree, if the mortgaged premises are not purchased for the benefit of this state, the attorney-general shall, if the mortgage bear an interest not exceeding six per cent., require of the purchaser, at the time of sale, such sum as shall be equal to the costs and expenses of sale, and the one-fourth part of the monies due the state; and for securing the remainder of the monies due the state, he may, on the execution of a deed to the purchaser, accept a bond and mortgage on the premises, sold, from the purchaser, to the people of this state, payable in six equal yearly instalments, with interest at the rate of six per cent. per Ib. annum. S 10. If the mortgage bear an interest of seven per cent. per annum, the attorney-general shall require of the purchaser, at the time of sale, the payment of the interest in arrear, with the costs and ex penses of sale, and one-fourth part of the principal of such mortgage: TITLE 6. and for the remainder, on the execution of a deed to the purchaser, he may accept from such purchaser a bond and mortgage, for the residue of the mortgage money, to the people of this state, payable in six equal yearly instalments, with lawful interest; provided the title to the lands to be mortgaged, shall be clear, and the lands, exclusive of the buildings thereon, shall be worth double the principal of such new mortgage. $ 11. If the mortgaged premises shall sell for a greater sum than . the amount due the state and the costs and expenses of such sale, the attorney-general shall also require of the purchaser, at the time of sale, the payment of such surplus. sale. $ 12. Upon every such sale, the attorney-general shall execute a Certificate of certificate thereof to the purchaser, specifying the terms of the sale, and the amount paid by the purchaser; and in case the mortgaged premises shall be redeemed as hereinafter provided, the sale shall be void and of no effect. $ 13. Whenever any mortgaged premises shall be sold, either un- Redemption. der a notice or a decree, it shall be lawful for the mortgagor, or his beirs or assigns, to redeem the same, at any time within sixty days after such sale. $14. Upon every redemption, the party redeeming shall pay into Conditions. the treasury the full amount due the state and charged on said premises, together with the costs and expenses of such sale, and interest on the whole sum at the rate of ten per cent. per annum from the time of sale to the time of redemption; and if the premises were sold for a greater sum than the amount due the state and such costs and expenses, he shall also pay into the treasury the like interest on the surplus monies. S 15. If the premises redeemed shall have been purchased by the Costs. attorney-general for the benefit of the state, the amount of the costs and expenses of the sale shall be paid out of the treasury to the attorney-general: if the premises were not so purchased, there shall be paid out of the treasury to the purchaser, the sum actually paid into the treasury by him, together with the amount of interest thereon, at the rate of ten per cent. received from the person redeeming. to the state. $ 16. Whenever any mortgaged premises purchased by the attor- Conveyance ney-general for the benefit of the state, shall not be redeemed, he shall, if the premises were sold by him, immediately after the time allowed for redemption, and if the premises were sold under a decree, immediately after he shall have received a conveyance therefor, execute to the people of this state, a proper conveyance of said premises, which shall vest in the people the same title as would have been acquired TITLE 7. by any other purchaser, at such sale, under a conveyance executed in pursuance thereof. Expenses. Conveyance to purchaser. Notice of sale Evidence of sale. $ 17. Whenever any mortgaged premises are so purchased by the attorney-general, and not redeemed, all the expenses incurred by the attorney-general in the sale thereof, shall be paid to him out of the treasury. $18. Whenever any premises mortgaged to the people of this state, shall be sold and purchased by any person other than the attorneygeneral, and not redeemed, a conveyance shall be executed to such purchaser, at the expiration of the time allowed for redemption, on the payment, by him, of the balance of the purchase money, or the execution of the proper securities therefor. $19. Whenever any premises mortgaged to the people of this state, shall be advertised for sale, whether the foreclosure be by notice or decree, the terms of the sale shall be specified in the advertisement. $20. In all cases of foreclosure by notice, the attorney-general shall file the affidavits of the publication of the advertisement of sale, and of the circumstances respecting the sale, in the office of the secretary of state, to be there recorded; and such affidavits, or the record thereof, shall have the like effect, as if the same had been recorded in the office of the clerk of the county where the premises are situate." Capitol and TITLE VII. OF THE PUBLIC BUILDINGS AND ERECTIONS. SEC. 1. "Capitol" and "State Hall," in Albany, to retain those names. 2. Corporation to have care of Capitol. 3. Care of State Hall vested in comptroller, secretary of state and surveyor-general. 4. Commissary-general to have care of state arsenals, &c. 5. State prisons to be under the care of their officers. 6. Marine hospital at Staten-Island, to be under care of health commissioners of NewYork. 7. Pier at Sagg-Harbor to be under care of receiver of its profits. 8. Such receiver to give bonds. 9. To collect profits of pier and wharf connected with it; to account to comptroller. $1. The buildings in the city of Albany, now known as the "CapiState Hall. tol," and "State Hall," shall respectively continue to be known and denominated by those names.' 72 Care of capitol. Care of state hall. S2. The custody and care of the Capitol, shall continue to be vested in the corporation of the city of Albany." 73 $ 3. The custody and care of the State Hall, shall be vested in the comptroller, secretary of state, and surveyor-general; and the comptroller shall have power, from time to time, to cause such repairs as (71) Statutes referred to, and in part re-enacted, in the compilation of this Title. IR. L 375, § 14; Ib. 484, § 2, 3, 4, 7 and 8; Laws of 1814, p. 21, § 4; 1822, p. 286, § 1, 2 and 3; 1824, p. 341, § 1 to 5 inc.; and 1825, p. 378. (72) 2 R. L 544. (73) Laws of 1814, p. 257, § 48. |