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TITLE 10. and shall deliver them to the superintendent, to be distributed by him
amongst the several officers enumerated in this Title, and their depube published. ties, and the justices of the peace, constables and salt manufacturers
in the town of Salina. The expenses of printing such copies, shall be paid out of the treasury, and charged as a part of the contingent expenses connected with the collection of the duties on salt.
This Title to
Of the Salt Springs at Montezuma,
165. His powers and duties.
S 165. Such superintendent shall possess all the powers, and perform all the duties in relation to the manufacturing of salt at Montezuma, which are possessed or performed, either jointly or severally, by the superintendent and inspector of the Onondaga salt springs, in relation to the manufacturing of salt in the county of Onondaga ; and all the provisions, forfeitures, penalties and restrictions, contained in the foregoing Articles of this Title, shall be in force in relation to the manufacturing of salt at Montezuma, and to the collection of duties thereon, so far as the same may be applicable. 85
S 166. The superintendent of the Montezuma salt springs shall be entitled to retain for his services, and in lieu of all other fees, seven and a half per cent. upon all monies, which he shall collect for salt manufactured at Montezuma. 86
$ 167. He shall account for all monies received by him, and pay over and deposit the same, in like manner as the superintendent of the Onondaga salt springs, except that the monies collected by the superintendent at Montezuma, after deducting commissions and necessary expenditures, shall be deposited in the bank of Auburn.85
(85) Laws of 1821, p. 223, § 18.
state as bovereigo.
2. Other mines belonging to the state.
mines. 7. Limitation of the provisions of this Title. S 1. The following mines are, and shall be, the property of the Interest of people of this state, in their right of sovereignty:
1. All mines of gold and silver discovered, or hereafter to be discovered, within this state.
2. All mines of other metals discovered, or hereafter to be disco'vered, upon any lands owned by persons not being citizens of any of the United States.
3. All mines of other metals discovered, or hereafter to be discovered, upon lands owned by a citizen of any of the United States, the ore of which, upon an average, shall contain less than two equal third parts, in value, of copper, tin, iron and lead, or any of those metals. 86
S 2. All mines, and all minerals and fossils discovered, or hereaf- As owner. ter to be discovered, upon any lands belonging to the people of this state, are and shall be the property of the people, subject to the provisions hereinafter made to encourage the discovery thereof. 89
S 3. All mines of whatever description, other than mines of gold Private proand silver, discovered or hereafter to be discovered, upon any lands owned by a citizen of any of the United States, the ore of which, upon an average, shall contain two equal third parts or more, in value, of copper, tin, iron and lead, or any of those metals, shall belong to the owner of such land.88
$ 4. Every person who shall make a discovery of any mine of Bounty to gold or silver, within this state, and the executors, administrators or assigns of such person, shall be exempted from paying to the people of this state, any part of the ore, produce or profit of such mine, for the term of twenty-one years, to be computed from the time of giving notice of such discovery, in the manner herein after directed. 89
S5. No person discovering a mine of gold or silver within this Notice to Be state, shall work the same, until he give notice thereof, by information Sivot in writing, to the secretary of this state, describing particularly therein, the nature and situation of the mine. Such notice shall be registered in a book, to be kept by the secretary for that purpose. 90
(86) 1 R. L. 124, § 1 & 5; 293. 5 5. (87) Laws of 1827, p. 239, $ 4. (88) 1 R. L. 125, $5. (89) Ib. § 1. (90) Ib. 2.
TITLE 12. $ 6. After the expiration of the term above specified, the discove
rer of the mine, or his representatives, shall be preferred, in any conPrivilege of discoverers. tract, for the working of such mine, made with the legislature, or
under its authority. 91
S 7. Nothing contained in this Title shall affect any grants heretofore made by the legislature, to persons having discovered mines; nor be construed to give any person a right to enter on, or break up, the lands of any other person, or of the people of this state, or to work any mine in such lands, unless the consent, in writing, of the owner thereof, or of the commissioners of the land-office, when the lands belong to the people of this state, shall be previously obtained. 92
Ejeetment to be brought.
Notice to bo published.
2. Notice of such suits, how published.
S 1. Whenever the attorney-general shall be informed, or have reason to suspect, that the people of this state have title to any real estate by escheat, he shall cause an action of ejectment to be brought for the recovery thereof; in which action, the proceedings shall, in all respects, be similar to those usually had in other actions of eject
ment.93 Notice to bo S 2. No such action shall be brought to trial, when the lands are
occupied, nor shall judgment be taken therein, when such lands are vacant, until three months' notice shall have been published, by order of the commissioners of the land-office, in the state paper, and also in one public newspaper printed in the city of New York, and in one paper printed in the county where the lands shall be situated, or in an adjoining county, when there is no paper printed in the county.93
S 3. Such notice shall state the proceedings which have been had, for the recovery of the said lands, and give a description of the same. 93
S 4. Any such action of ejectment, which has been, or may hereafter be commenced, to recover any lands situated in the military tract, in the several counties of Cortland, Tompkins, Sèneca and Oswego, may be tried in either of the counties of Onondaga or Cayuga, whenever the attorney-general, and the attorney for any defendant, shall agree thereto, in writing, which agreement shall be filed in the
Suit, when tried in certain cases.
cheat of part
office of one of the clerks of the supreme court; and every trial of TITLE 13. any such action, pursuant to such agreement, shall have the like effect and validity as if such trial were had in the county where such lands are situated.94
$5. In all cases where proceedings have been or shall hereafter Effect of esbe had, whereby any part of any lot on the tract set apart for military of a lot. bounty lands, have been or shall be, by judgment of law, escheated to the people of this state, on account of the death of the original patentee, without heirs, and before a conveyance by such patentee, or for any other cause, which shall in like manner extend to the title of the whole of such lot, the whole and every part of such lot included in the original patent of the same, and which, at the time of such escheat, was not in the actual possession of any person or persons under colour of title, may be sold by the commissioners of the land-office, and granted in the manner provided by law for the sale of the unappropriated lands belonging to this state. 95
$ 6. Any such grant shall be presumptive evidence of the title of Grants there the people of this state, and of the grantee therein named, but may be rebutted by proof that the premises contained in such grant had not in fact escheated to this state.95
$ 7. Whenever such proceedings shall have been had, as are men- Occupants. tioned in the fifth section of this Title, and a part of a military lot shall have been escheated to the people of this state, for any reason which extends to the title of the whole lot, the commissioners of the landoffice may cause the value of the remaining parts of said lot to be appraised as provided in the “ Act for the relief of the occupants of military lands which have escheated to the people of this state,” passed April 13th, 1819, and the acts amending the same, notwithstanding the necessary proceedings may not have been had to perfect the title of the people to the same; and the occupants of such parts shall thereupon be entitled to all the privileges and benefits conferred by the said act, and the several acts amending the same. 96
$ 8. The attorney-general shall, from time to time, make report to Report. the commissioners of the land-office, of all escheated lands recovered by him, in any action of ejectment brought under this Title.
OF THE RECOVERY OF FORFEITED ESTATES.
Sec. 1. Real estates forfeited for treason, how recovered.
2. Personal estate so forfeited, how recovered.
(94) Laws of 1820, p. 249, 8. (95) Laws of 1828, p. 429, 430.
TITLE 1. S 1. Real estates forfeited to the people of this state, upon any
conviction or outlawry for treason, may be recovered in the same manner as escheated lands; and for that purpose, all the provisions of the preceding Title, except those contained in the fourth, fifth, sixth and seventh sections, shall be construed to extend to the recovery of estates so forfeited.96
S 2. Whenever any personal estate shall be forfeited to the people of this state, upon any such conviction or outlawry, the attorneygeneral may sue for and recover the same; and the amount thereof,
when recovered, shall be paid into the treasury. 96 Writ of in- S 3. Whenever he shall deem iť necessary, the attorney-general
may cause a writ to be issued out of the supreme court, to the sheriff of any county, to inquire what goods and chattels, any person convicted or outlawed for treason, had at the time of such conviction or outlawry, and to seize and safely keep the same, and return the inquisition into the supreme court, where any person aggrieved there
by, may traverse the same. 96 Proceedings S 4. If judgment shall be given upon such traverse for the people
of this state, or if such inquisition shall not be traversed before the end of the term in which it shall be returned, then a writ shall be issued out of the supreme court to the sheriff, commanding him to sell such goods and chattels, and to bring the monies arising from the sale thereof into court, for the use of the people of this state. 96
Title 1.-Of the persons subject to military duty.
tenure of their offices.
connected with their respective departments.