Mortgages how to be ta ken. gaged lands; and the printer shall deliver the said books, together with the said loose sheets, to the comptroller of this state, who shall deliver the same to the commissioners of each county, at the time he issues his warrants for the money so loaned. $30. And be it further enacted, That no mortgages shall be taken by the commissioners, but by filling up one of the blanks of the book of mortgages. And none of the mortgages shall be defaced or torn out, except the seals, when the mortgagor pays the whole principal and interest of the mortgage; and the commissioners shall proceed in taking the mortgages from the beginning of the book forward, numbering the mortgages as they were taken, and inserting the mortgagor's name and number in the alphabet, under the letter answering to the mortgagor's surname. Substance of $31. And be it further enacted, That the commissioners shall, be entered in in a proper book for the purpose, minute the substance of each mort mortgage to book. Minutes and how kept. gage, that is, the number thereof, the date, the mortgagor's name, the sum lent, and the boundaries of the lands mortgaged; and when one of the commissioners has the custody of the book of mortgages, the other shall have the custody of the said minute book, that accidents by fire, or otherwise, may at all times be guarded against; and the mortgagor, for his satisfaction, may examine or see the minute examined with the original mortgage, and with the witnesses shall sign the same. $ 32. And be it further enacted, That the commissioners shall proceeding insert the minutes of their proceedings therein as follows: First, the day they meet, place, hour, and commissioners present: Second, if any one is absent, they shall at their next meeting minute the cause of his absence: Third, shall enter the hour that every one applies for the loan of money, and the sum he applies for: Fourth, shall enter down the reason why a prior applicant had not the money according to his application, and the substance of examinations for clearing titles and value: Fifth, shall enter down the monies received from the treasurer: Sixth, on the last day of their first days of meeting for receiving monies yearly, they shall enter whose mortgages are foreclosed, and the number and sums of them: Seventh, they shall enter the orders for, and copies of the advertisements for sale, and places at which they are set up, and the persons' names who set them up: Eighth, they shall enter the names of the purchasers of lands, and the prices sold for, and payment of the overplus to whom it belongs, with the time and witnesses of such payment: Ninth, in case any principal sum or part thereof, are paid in before the times of payment in the mortgages, the whole amount of such principal sum so paid in, shall be entered in the said book: Tenth, shall enter the cause of all suits, and the information they have received, and of whom, at length, or if too long, refer to them in papers as part, minuting the substance. $33. And be it further enacted, 'That the deeds, to be granted by the commissioners for any lands sold by them, whereof the equity commission of redemption is foreclosed, shall be in the form following, to wit: "This indenture, made the Form of deeds to be given by day of the year of our Lord one thousand eight hundred and of the first part, and in be money of the county of of the second part, witnesseth; that the said commissioners of the county of to them in hand paid, whereof they acknowledge the reheirs, executors and adminis to ceipt, and discharge the said gage to be purchaser of pre.. ises. $34. And be it further enacted, That upon every sale of lands, Attested cothe commissioners shall fill up the blanks in one of the loose sheets of Py of mortblank mortgages, like to the original mortgages, and attest the same furnished as a true copy, under their hands and the seal of their office, and give mortgaged it instead of the original mortgage for evidence of the title to the purchaser; and the bond to be given by the said commissioners, shall be in the following form, to wit: "Know all men by these presents, that Form of are held and firmly bound unto the people of bonds. the state of New-York, in the sum of to be paid to the people of the state of New-York; for payment whereof, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly, by these presents. Sealed with our seals, and dated the we day of hundred and in the year of our Lord one thousand eight The condition of this obligation is such, that if the above bounden commissioners for loaning money in said county, and each and every of them, shall well and truly perform the office and duty of commissioners for loaning money of the county of pursuant to the act, entitled 'An act for loaning monies to the citizens of this state,' and shall demean themselves therein without favor, malice or partiality; then the obligation to be void, otherwise to remain in full force and virtue. Sealed and delivered in the presence of." An act to amend the act, entitled "An act authorising a loan of monies to the citizens of this state." Passed March 29, 1809. Chap. 152.1 $1. Be it enacted by the People of the State of New-York, re- Bonds, &c. presented in Senate and Assembly, That the bonds and mortgages this act, de given under clared valid. Interest. Counties in southern district when to apply for mo ney. Comptroller to procuro parate bonds. executed to the people of this state in pursuance of the act, entitled "An act authorising a loan of monies to the citizens of this state,' shall be deemed and adjudged to be valid, notwithstanding any misrecital of the title or other parts of the said act in the said bonds or mortgages. $ 2. And be it further enacted, That the commissioners for loaning money in the several counties of this state, shall exact interest on the monies loaned by virtue of the said act, from the day of the date of the respective mortgages. $3. And be it further enacted, That such of the counties in the southern district, including the city of New-York, as shall neglect to apply to the comptroller for the sums of money authorised to be loaned to them by virtue of the first section of the said recited act, on or before the first Monday of July next, are hereby declared to have forfeited all right and benefit given therein respectively, by the said first section of the act aforesaid. $4. And be it further enacted, That the comptroller be authorisblanks. ed and required to have procured at the expense of this state, new books with blank forms and printed mortgages, whenever the same shall become necessary, and shall deliver the same to the loan-officers and commissioners for loaning money in the different counties in this state, whenever the same shall be required by them respectively. May take se- $5. And be it further enacted, That the comptroller may in his discretion take separate bonds and sureties from each of the commissioners for loaning money, who now are or may be appointed by virtue of the said act, conforming in all other respects as far as may be practicable to the above recited act, with respect to the form and condition of the said bond and sureties to be taken, and that such bonds may be put in suit by the direction of the comptroller, in such manner and for the purposes expressed in the above recited act, with respect to the bonds thereby prescribed and required. Time extended to 1829. Proviso. An act further to extend the time for the payment of monies loan- security shall be made perfectly satisfactory to the said loan-officers or commissioners for loaning money. cers. $2. And be it further enacted, That it shall be lawful for the Duty of offisaid loan-officers and commissioners of loans, and it is hereby made their duty to receive so much of the principal loaned by them respectively as by law has been allowed to be paid, taking care, however, to reloan the same as soon as may be, for the term limited as aforesaid, agreeably to the acts under which they may have respectively been appointed, at an interest of seven per cent. An act concerning loan-officers. Passed April 17, 1822. Chap. 249, p. 265. pervisors in $3. And be it further enacted, That if any monies heretofore Power of snloaned in the counties of Suffolk, Queens, Kings, and New-York, Suffolk, pursuant to the act, entitled "An act for emitting the sum of two Queens, &c. hundred thousand pounds, in bills of credit," passed April 18th, 1786, the act, entitled "An act for loaning monies belonging to this state," passed March 14, 1792, and the act, entitled "An act authorising a loan of monies to the citizens of this state," passed April 11, 1808, or of any act or acts amendatory of said laws, shall be paid into the hands of the loan-officers of the said counties, it shall and may be lawful for the board of supervisors of such said counties, by resolution, to direct the said loan-officers not to reloan the same; and in that case, it shall be the duty of the said loan-officers to pay the same within sixty days thereafter, into the treasury of this state, or into such bank in the city of New-York, as the comptroller shall for that purpose designate, to be placed to the credit of the treasurer of the state of New-York, any thing in the acts, or either of them, before mentioned, or the several acts amending the same, to the contrary notwithstanding. $4. And be it further enacted, That all the interest due or to Interest when grow due on the monies loaned in the said counties, uuder either of payable. the above mentioned acts, shall be payable on the third Tuesday in June next, and on the third Tuesday in June in every year thereafter, notwithstanding any thing to the contrary in the provisions of the said acts, or any bond, mortgage, or agreement, made and entered into by virtue of or under the same. e monies how $5. And be it further enacted, That whenever there shall be School fund any money paid into the treasury, belonging to the school fund, it invested. shall be the duty of the comptroller to invest the same in any of the public stocks of this state, at or below their par value; and if the said stocks cannot be purchased at their par value, then to invest such money in the next loan to be made by the commissioners of the canal fund. ers of loans $6. And be it further enacted, That it shall and may be lawful Commiesi nfor the present or any future commissioners of loans in the county of in St. LawSt. Lawrence, to collect by sale of the mortgaged premises or other-rence Co. wise, of any arrearages of interest due on mortgages given to the said commissioners, although the same may have been of more than one year's standing. Duty of loanofficers in stracts, &c. An act relative to loan-officers, and commissioners of loans of the several counties of this state. Passed April 17, 1823. Chap. 180, p. 205. $2. And be it further enacted, That it shall be the duty of the preparing ab several and respective old loan-officers and new loan-officers, under the act for emitting the sum of two hundred thousand pounds in bills of credit, passed April 18, 1786, and the act for loaning monies belonging to this state, passed March 14, 1792, to prepare and transmit to, and file in the offices of the clerks of their respective counties, on or before the fifteenth day of June next, an abstract of the several mortgages yet remaining in their hands unsatisfied, which abstract shall contain the name of the mortgagor and mortgagee, the date of the same, and the consideration thereof, and the description of the land bound thereby, and the amount of the principal due thereon, and the time to which interest shall have been last paid thereon, and where the county shall have been divided since the giving the said mortgage; such abstract shall be transmitted to the clerk's office of that county in which the mortgaged premises are situated; and such abstract shall be certified and signed by the said several loan-officers officially, and being so certified and signed, and filed in the said clerk's office, shall be deemed matters of record, and the same, or certified copies thereof, shall, in all courts and places, be evidences of the facts therein contained, in the same manner as the registry of any mortgage duly registered and recorded is evidence; and such abstracts so filed of the said mortgages, shall have the like force and effect, as a registry or record of the said mortgages, under the law for registering and recording of mortgages. tion for cer Compensa- $3. And be it further enacted, That the loan officers of the retain services. spective counties, for preparing, certifying, and transmitting such abstracts of mortgages, shall be allowed the sum of fifty cents for each mortgage, of which they shall so prepare and transmit abstracts; and the several county clerks shall be allowed the sum of twelve and a half cents for filing the abstract of such mortgage, and entering the same upon the indexes of their respective offices, and which accounts shall be audited, allowed and paid, by the boards of supervisors of the counties in which they shall be performed. A certain sec. tion repealed land. An act to amend "An act further to extend the time for the payment of monies loaned by the loan-officers and commissioners of loans, passed March 12, 1819." Passed February 2, 1824. Chap. 25, p. 20. $1. Be it enacted by the People of the State of New-York, res to Rock presented in Senate and Assembly, That the fourth section of the act hereby amended, as it respects the loan-officer and commissioners of loans in and for the county of Rockland, be, and the same is hereby repealed. Duty of loan. officers in Rockland in $2. And be it further enacted, That the loan-officer and commissioners of loans in and for the said county of Rockland, after the certain cases. passage of this act, in every case of a mortgage sale, shall cause an advertisement to be fixed up in one of the most public places in each |