as the prison fund; it shall consist of all moneys raised by taxation for prison purposes or heretofore appropriated and unexpended therefor, and all moneys arising from the sale of the products or property of the prisons, and all such moneys, whenever received in the treasury, shall be placed to the credit of such fund; and all appropriations made for any of the prisons of this state (except for repairs other than the ordinary repairs thereof), for the maintenance thereof, for the purchase of materials therefor, and for manufacturing therein, shall be paid by the treasurer from such fund, upon the warrant of the comptroller. TITLE V. Of the Public Lands, and the Superintendence and Disposition thereof. ART. 1.-Of the general powers and duties of the commissioners of the land-office. 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. 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. ART. 1. To superintend public SECTION 1. The commissioners of the land-office shall have the general care and superintendence of all lands belonging, to this state, lands." the superintendence whereof is not vested in some other officer or 5 Cow., 460. board. They shall also have power to direct the granting of the unappropriated lands of the state, according to the directions from time to time to be prescribed by law. [1 R. L., 292. § 1.] act. [198] § 2. All the powers now vested or hereafter to be vested in the Majority to 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. [1 R. L., 292, § 1.] At every vened. §3. The secretary of state shall convene the commissioners, as How con often as may be necessary for the transaction of business. meeting, the lieutenant-governor, if present, shall preside; if he be absent, the members present shall choose their chairman. [1 R. L., 292, § 2; L. 1815, 10, § 5.] TITLE 5. Their § 4. The deputy-secretary of state shall be clerk to the commissioners, and shall enter the minutes of their proceedings in a book his duties. 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. clerk; Patents. To refund monies in certain cases. [1 R. L., 292, § 2; L. 1815, 10, § 5.] § 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. [1 R. L., 293, § 5.) § 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 thereto, it shall be the duty of the commissioners to direct Title the payment of the original purchase monies, which may have been [See § 2, 9, p. 185.] To lease certain lands. Expenses; 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. [1 R. L., 293, § 6; L. 1826, 326, § 1.] § 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. [L. 1819, 300, § 3.] § 8. All expenses necessarily incurred by the commissioners, in how paid. 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 treasury. [L. 1819, 301, § 4.] L. 1830, Chap. 268 – An act relating to the public lands. Lands belonging to canal fund. SECTION 1. The comptroller is hereby directed to transfer upon the books of his office, from the general fund, and to charge to the canal fund, all the expenses heretofore paid for the survey and appraisement of the lands ceded to this state by the Holland land company, for the benefit of the canal fund. Charges and assessments on certain public lands. § 2. The commissioners of the land office are hereby authorised, in their discretion, and when they shall think it for the interests of the state so to do, to order the treasurer, upon the warrant of the comptroller, to pay off and cancel any charges, assessments or incumbrances, existing upon any lands which shall have been bought in by the state upon the foreclosure of mortgages, so as to perfect in the state a title to any such lands. Surveys, etc., to what fund to be charged. § 3. All expenses of survey, appraisement, or any other expenses attendant upon the sale of any lands belonging to any of the special funds of this state, shall hereafter be chargeable upon and paid out of the funds respectively to which any such lands belong. [Section 4 is omitted as temporary.] L. 1836, Chap. 457 - An act in relation to the sales of land by the attor ney-general and surveyor-general. [Sections 1 and 2 relate to sales made under title 6 of this chapter, and will be found on p. 654, post.] Resales by surveyor-general. § 3. On every resale of any lands by the surveyor-general, pursuant to the forty-sixth section of title five of the aforesaid. chapter, he shall execute a certificate thereof to the purchaser, specifying the terms of the sale, the amount paid by the purchaser, and that the lands are subject to redemption, pursuant to the provisions of this act; and in case the premises shall be redeemed as hereinafter provided, the sale shall be void and of no effect. Time for redemption. § 4. The original purchaser of any land so resold by the surveyor-general, his heirs or assigns, may redeem the same at any time within three months after such sale. Interest. § 5. The fourteenth section of title six of the aforesaid chapter, and the last clause of the fifteenth section of the same title, as amended by the second section of this act, shall apply to the redemption of lands sold by the surveyor-general. Sale, when to be completed. § 6. If the premises resold shall not be redeemed, the purchaser shall complete the sale immediately after the expiration of the three months, by paying into the treasury the amount that may remain due on the land, and receiving a patent, or by executing the proper bond, and receiving a certificate of the sale. First certificate to be surrendered. § 7. On completing the sale pursuant to the last section, the purchaser shall surrender the certificate mentioned in the third section of this act, and the new certificate to be issued by the surveyor-general shall state, in addition to the other matters required by law, the time when the sale was made, and that the lands have not been redeemed. Accounts. 8. No account for lands shall be opened at the comptroller's office for a less sum than fifty dollars. Repeal. §9. The act entitled "An act in relation to the sales of lands by the surveyor-general and attorney-general," passed May 11, 1835, is hereby repealed, and this act shall take effect on the passage thereof. L. 1839, Chap. 134- An act to compel the attendance of witnesses before the board of commissioners of the land-office. Power of the commissioners of the land office. SECTION 1. The commissioners of the land-office may require the attendance of any person as a witness on the part of the state, whenever in their opinion the interest of the state may render it proper, in relation to any application that is or may be pending before them; and for that purpose they may issue subpoenas, which shall be signed by their chairman for the time being, commanding any such person to appear and testify before them, relative to the subject of such application, and to bring forward and produce to them, any writings, books or papers, that may be designated in such subpœna in his possession, or within his control; and every person who, after being served with such subpoena and tendered the legal fees, shall without reasonable cause, refuse or neglect to appear and produce such writings, books or papers, or appearing, shall refuse to testify as to any facts within his knowledge relative to the subject matter of such application, shall forfeit one hundred dollars to the people of this state, and shall be liable to be committed to prison by the said commissioners until he shall submit to testify and produce such writing, books or papers and all expenses necessarily incurred in procuring the attendance of any witness and his legal fees, upon being certified by the said commissioners, shall be paid by the treasurer on the warrant of the comptroller. L. 1841, Chap. 70- An act to authorize the commissioners of the landoffice to grant parts of lots sold by the state. Parts of lots may be granted. SECTION 1. Whenever any person shall pay in full for any part of a lot sold by the surveyor-general of this state, and the same shall be certified by the comptroller, according to the thirty-eighth section of article third of title third of the eighth chapter of the first part of the Revised Statutes, it shall be the duty of the comptroller to endorse the portion of principal so paid upon the obligation executed by the purchaser for the whole lot, and letters patent for the part so paid in full may be issued. Former grants confirmed. § 2. All grants heretofore made by the commissioners of the land-office of parts of lots, for which payments were made and certified in the manner prescribed by law are hereby confirmed. L. 1869, Chap. 196 – An act to define more particularly the powers of the commissioners of the land-office. Commissioners' power to inquire. SECTION 1. Whenever the commissioners of the land-office by any existing statute have power to make a grant of any lands or interest therein to any party, they shall have power summarily to inquire into the rights of such party thereto, upon such proof as by regulation they shall prescribe; but this act shall not apply to grants of land under water. L. 1883, Chap. 470- An act in relation to state lands. Tenant in common or joint tenant may, with consent of comptroller, maintain action for partition; how summons served. SECTION 1. Whenever the state of New York owns an undivided interest with any person in any real estate within this state, or holds and is in possession of any such real property, as joint tenant or tenant in common with any person within this state who has an estate of freehold therein, any such person may, upon obtaining the consent in writing of the comptroller thereto, maintain an action for the partition of said property according to the respective rights of the parties interested therein, and for a sale thereof if it appears that a partition cannot be made without great prejudice to the owners, in the same manner as if the state were not entitled to exemption from legal proceedings and with the same force and effect as in other cases, except no costs shall follow judgment thereon. A copy of the summons and complaint in such action shall be served upon the comptroller of the state and it shall be his duty to deliver the same to the attorney-general for proper appearance for the state. Comptroller to purchase for state. § 2. In case any forest lands situated in the counties of Hamilton, Herkimer, St. Lawrence, Franklin, Essex, Clinton, Saratoga, Fulton or Lewis, in which the state is a joint owner or tenant in common with any person or persons, is sold in pursuance of a judgment of the court, as provided in section one of this act, the comptroller shall in behalf of the state attend the sale of said lands and purchase the same for the state, if said lands can, in the judgment of the comptroller, be purchased at their fair value. Appropriation. § 3. For the purpose of paying for lands purchased upon partition sales, as provided in section three of this act, the sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any funds of the state not otherwise appropriated, such sums to be paid by the treasurer of the state upon the warrants of the comptroller. In case the funds hereinbefore appropriated shall at the date of entry of a judgment of partition, as herein provided, be exhausted, the court shall, upon application of the attorney-general, direct that no sale be made until the expiration of two months after adjournment of the next session thereafter of the legislature. Commissioners of land-office may sell abandoned canal lands, etc.; lands in certain counties not to be sold. § 4. The commissioners of the land-office may, in their discretion, sell any lands which have been any part of the canal lands of this state and which have been or may be determined and officially declared by the canal board to be abandoned by the state for canal purposes, and also any lands to which the state has acquired title by purchase, on the foreclosure of mortgages taken by any loan commissioner on the loan of certain United States deposit funds, or any loan of money authorized by this state, and also any lands lying within the corporate limits of any city or village and which has not been devoted by statute to some public use. The commissioners of the land-office shall have no power to lease any forest lands lying within the counties of St. Lawrence, Franklin, Lewis, Hamilton, Herkimer, Essex, Fulton, Saratoga and Warren. Lands in Clinton county may be sold at private sale. § 5. The commissioners of the land-office are hereby authorized to sell and convey at private contract and sale all the right, title and interest of the people of the state of New York to any lands in the county of Clinton, on such terms as shall be for the best interest of the state; provided, however, that any such sale or sales shall be confined to lands from which the timber has been removed, and to actual settlers, and in tracts of not over two hundred acres in one parcel; and provided further such sales shall be confined to lands purchased for prison purposes. If any part of the price is unpaid at the time the grant is executed the payment of it with interest at the rate of six per cent per annum shall be secured by mortgage upon the land sold, and upon default of payment thereof of principal or interest, then the said commissioners are hereby authorized to foreclose said mortgage by sale of said land. No sale under the provisions of this act shall be made, except upon the recommendation of the comptroller of this state. [Numerous special acts for the conveyance of particular parcels of state lands have been omitted.] ARTICLE SECOND. ART. 2. [199] OF THE SURVEY AND APPRAISEMENT OF UNAPPROPRIATED LANDS, PREVIOUS TO SALE. SEC. 9. Commissioners of land-office to direct surveys of unappropriated lands. 11. And to be paid by him. 12. Surveyors to appraise each lot. 13. Appraisal, returns, etc., to be delivered to surveyor-general, and copy to be 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. 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, made. direct the surveyor-general to cause actual surveys to be made of such parts of the unappropriated lands of this state as they shall direct. [1 R. L., 295, § 11.] |