part or subdivision, and thereafter give credit on the several parts or subdivisions, as the persons making payments may require. He may credit any prior payment to a part or subdivision if such payment appears by satisfactory proof to have been originally intended to be paid on such part or subdivision or by or for the use of the person claiming the credit, whether so expressed in the receipts or not. No part of any such payments shall be applied to the reduction of the principal unpaid on any such part or subdivision, unless the payments exceed the interest, calculated on the principal due on such part or subdivision, to the day when such part or subdivision is to be paid off, or a new account opened therefor. If separate receipts be given by the treasurer, for any payments which are claimed to be credited to the account of any such part or subdivision, the receipts shall be delivered to the comptroller and filed in his office. Separate accounts shall not be opened under this section unless a map and survey of the whole lot is filed with the comptroller, showing particularly the part or subdivision for which such account is to be opened, and satisfactory proof furnished the comptroller, that the residue of the lot is sufficient security for the sum remaining unpaid thereon. [R. S., pt. I, ch. VIII, tit. 3; §§ 33, 34, 35, 40; R. S., 8th ed., without change in substance, p. 516.] $ 32. Discharge of mortgages.-The treasurer's receipt, countersigned by the comptroller, setting forth that the whole sum, secured by any mortgage held by the state has been paid, shall be a sufficient discharge of the mortgage, and the officer in whose office such mortgage is recorded shall record such receipt as a satisfaction of the mortgage and satisfy the mortgage of record. When any part or subdivision of any lot mortgaged to or purchased from the state, for which a separate account has been opened, is paid, the comptroller shall execute a discharge of such part or subdivision from such mortgage. If a map and survey of the whole lot is filed with the comptroller, showing particularly a part or subdivision for which no separate account has been opened, and the owner thereof pays into the treasury its full proportion of principal and interest unpaid, and satisfactory proof is furnished the comptroller that the residue of the lot is sufficient security for the sum remaining unpaid, he may execute a like discharge of such part or subdivision. [R. S., pt. I, ch. VIII, tit. 3, §§ 36-39; R. S., 8th ed., pp. 516-7, without change in substance.] § 33. Payment of prior claims upon state lands.-If the comptroller ascertains that lands mortgaged to the state are subject to prior incumbrances he may with the advice and consent of the attorney-general, take an assignment thereof to the state. If lands mortgaged to the state, or purchased for the state on the foreclosure of a mortgage, be sold on execution by virtue of a judgment recovered prior to such mortgage, the comptroller, with the advice and consent of the attorney-general, may redeem such lands in the same manner as judgment creditors may by law redeem. All moneys required for the purpose of this section shall be paid out of the treasury. [R. S., pt. I, ch. VIII, tit. 8, §§ 7, 8; R. S., 8th ed., p. 530. without change in substance, except that the duties of the attorney-general, respecting claims upon state lands are transferred to the comptroller, who is to act as the executive officer" with the advice and consent of the attorneygeneral."] § 34. Surplus moneys on sale of lands mortgaged to the state.— If real property mortgaged to the state, or purchased for the benefit of the state, or for which a certificate has been given to a former purchaser, is sold by the comptroller, state engineer or the commissioners of the land office for a greater sum than the amount due to the state, with the costs and expenses of the foreclosure or resale, the surplus moneys received into the treasury after a conveyance has been executed to the purchaser, shall be paid to the person legally entitled to such real property at the time of the foreclosure or of the forfeiture of the original con tract. On a sale of such real property by the comptroller, the state engineer or the commissioners of the land office, the comptroller shall give credit to the mortgagor on his bond or to the original purchaser on his contract, for the amount at which such property has been sold, after deducting therefrom all the costs, charges and expenses of the sale. If interfering claims to such surplus moneys be made, they shall be referred by the comptroller to the attorney-general, whose decision as to the rights of the respective claimants shall be final and conclusive as to any claim against the state. The comptroller shall not draw his warrant for any moneys authorized by this section to be refunded, except on satisfactory proof, by affidavit or otherwise, of the legal right of the person in whose favor such warrant is applied for. [R. S., pt. I, ch. VIII, tit. 8, §§ 10, 11, 12; R. S., 8th ed., p. 531, without change in substance, except the transfer of certain powers from the attorney-general to the comptroller.] § 35. Assignments of mortgages; releases from judgments.The comptroller, on the written request of the owner in actual possession of real property mortgaged to the state, may assign such mortgage, with the bond or other instrument accompanying the same, on payment into the treasury of the amount of principal and interest unpaid on such mortgage. The comptroller, with the consent of the attorney-general, if satisfied that the interests of the state will not be prejudiced thereby, may release any portion of any real property subject to a judgment in favor of the people of the state from the lien created by such judgment. [R. S., pt. I, ch. VIII, tit. 8, §§ 6, 9; R. S., 8th ed., p. 530. R. S., pt. I, ch. VIII, tit. 3, § 41; R. S., 8th ed., p. 517, consolidated without change in substance.] § 36. Compromise of old judgments and debts.-The attorneygeneral and comptroller, or either of them, may acknowledge satisfaction of judgment in favor of the people of the state when the same is settled or discharged. The comptroller, with the approval of the attorney-general, may compromise, settle, release and discharge any judgment or contract debt not in judgment in favor of the state, after the lapse of ten years since the recovery of the judgment, or since the debt became due, on such terms as the comptroller and attorney-general deem for the best interest of the state. [R. S., pt. I, ch. VIII, tit. 8, § 9; R. S., 8th ed., p. 530, consolidated without change in substance.] ARTICLE II. The General. Fund. Section 50. General fund. 51. Payments out of the general fund. $ 50. General fund.-The stocks, debts and other property known as the general fund of this state, the income and reve nues thereof, and the additions which may be made thereto, shall continue to be known as the general fund. All money paid into the treasury of the state, not belonging to any specific fund established by law, belongs to and is a part of the gen eral fund. [R. S., pt. I, ch. IX, tit. 1, §§ 1, 2, 3; R. S., 8th ed., p. 555, without change in substance.] § 51. Payments out of the general fund.-All moneys authorized by law to be paid out of the treasury of the state and not payable from any specific fund established by law shall be paid out of the general fund. [R. S., pt. I, ch. IX, tit. 1, § 16; R. S., 8th ed., p. 561. This section makes a general provision for payments from the general fund without specifying the different charges upon such fund.] [Note. A large number of superfluous and obsolete enactments relating to the transfer of stock from one fund to another, the assignment of bonds, etc., which are not now enforceable have been repealed and not re-enacted.] ARTICLE III. Canal Fund and Canal Debt Sinking Fund. Section 60. Canal fund. 61. Commissioners of the canal fund. 62. Deposit of funds. 63. Charges on the canal fund. 64. Rules and regulations. 65. When money may be borrowed for the canal fund. 66. Annual report of commissioners of canal fund. § 60. Canal fund.- The canal fund shall continue to consist of the following property: 1. Real property granted for the construction of the canals, by the state, by companies, or by individuals, and remaining unsold. 2. Debts due for portions of such real property heretofore sold. 3. All moneys received from the sale or use of the surplus waters of any canal. 4. All moneys recovered in suits for penalties or damages instituted under the canal law. 5. All moneys required by law to be paid into the canal fund. [R. S., pt. I, ch. IX, tit. 2, § 1, subs. 1, 2, 6 and 7; R. S., 8th ed., p. 563, without change in substance.] § 61. Commissioners of the canal fund.-The canal fund and the canal debt sinking fund shall continue to be superintended and managed by the commissioners of the canal fund, a majority of whom, including the comptroller, shall be a quorum for the transaction of business. The care and disposition of all lands belonging to the canal fund shall be vested in the commissioners of the land office. Investments for the canal fund and the canal debt sinking fund shall be made by the comptroller subject to the approval of the commissioners of the canal fund in such |