TITLE 4. Literature fund. Principal TITLE III. OF THE LITERATURE FUND. SEC. 1. Designation of the fund. 2. Capital of literature fund, how to be invested. $1. That portion of the funds of this state, heretofore known and distinguished as the "Literature Fund," shall continue to be known and distinguished by that name. 19 $ 2. Whenever any money belonging to the capital of the literahow invested. ture fund, shall be paid into the treasury, the comptroller shall invest the same in such of the public stocks, or subscribe the same to such of the public loans of this state, as the regents of the university shall deem most advantageous. TITLE IV. OF THE COMMON SCHOOL FUND. SEC. 1. Designation and description of the fund. 2. Monies to be annually distributed as the revenue of the common school fund. 3. When, how, and to whom such monies payable. 4. Capital of the school fund, how to be invested. 5. Duty of public agents to receive such investments, and upon what terms. 6. Care of lands belonging to school fund, vested in commissioners of land-office. $ 1. The proceeds of all lands which belonged to the state on the first day of January, in the year one thousand eight hundred and twenty-three (except such parts thereof as may have been or may be reserved or appropriated to public use or ceded to the United States,) together with the fund denominated the common school fund, are to be and remain a perpetual fund, the interest of which is to be inviolably appropriated and applied to the support of common schools throughout this state.20 . $ 2. There shall be annually distributed as the revenue of the common school fund, and according to the apportionment of the superintendent of common schools, then in force, the sum of one hundred thousand dollars, for the support and encouragement of common schools, to be denominated "School Monies"; and as often as such revenue shall be increased by the sum of ten thousand dollars, such increase shall be added to the sum to be distributed.21 $ 3. The monies so to be distributed, shall be payable on the warrant of the comptroller, on the first day of February in every year, to the treasurers of the several counties, and to the chamberlain of the city of New-York.22 $ 4. Whenever there shall be in the treasury any money belonging to the capital of the school fund, it shall be the duty of the comp (19) Laws of 1827, p. 237, § 3. (20) Constitution, art. 7, § 10. (21) Laws of 1826, p. 350; 1819, p. 187, § 3. (22) Ib. 1824, p. 337, § 1. troller to invest the same in such of the public stocks of this state, of the United States, or of the cities of New-York and Albany, as the comptroller and the superintendent of common schools shall deem most advantageous to the school fund; or if they shall deem it more for the interest of such fund, the comptroller may invest such money in the next loan thereafter to be made by the commissioners of the canal fund, or by any other public agent, who may be authorised to borrow monies and issue certificates of stock, upon the credit of the state.23 S5. It shall be the duty of such commissioners or public agent, to . receive all investments of any portion of the capital of the school fund, at the same rate and on the most favorable terms to the school fund, upon which money shall be borrowed and stock issued at the time of such investment; and certificates of stock shall be taken for such investments in the name of the comptroller, in trust for the school fund, which trust shall be specially expressed in every certificate.23 ART. 1. $6. The care and disposition of all lands belonging to the school Care of the fund, shall be vested in the commissioners of the land-office. TITLE V. OF THE PUBLIC LANDS, AND THE SUPERINTENDENCE and DISPO- ART. 1. Of the general powers and duties of the commissioners of the land-office. ART. 5.-Regulations concerning the protection of the public lands, and the payment of ART. 6.—Of the duties of the commissioners of the land-office, în 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. Commissioners 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. land's. tend public $1. The commissioners of the land-office shall have the general To superiu care and superintendence of all lands belonging to this state, the su- lands. perintendence whereof is not vested in some other officer or board. They shall also have power to direct the granting of the unappropria (23) Laws of 1823. p. 47. § 2. TITLE 5. ted lands of the state, according to the directions from time to time to be prescribed by law.24 Majority to act. How conven ed. Their clerk, his duties. Patents. To refund monies in certain cases. $2. All the powers now vested or hereafter to be vested in the 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.24 $3. The secretary of state shall convene the commissioners, as often as may be necessary for the transaction of business. At every meeting, the lieutenant-governor, if present, shall preside; if he be absent, the members present shall choose their chairman.25 S 4. The deputy-secretary of state shall be clerk to the commissioners, and shall enter the minutes of their proceedings in a book 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.25 $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. 26 $ 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 tle 8, ch. 8, p. thereto, it shall be the duty of the commissioners to direct the pay [See 2, Ti 185.] To lease certain lands. Expenses how paid. ment of the original purchase monies, which may have been 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.27 $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.28 $8. All expenses necessarily incurred by the commissioners, in 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 trea sury,29 (24) 1 R. L. 292, §1. (25) Ib. § 2; Laws of 1815, p. 10, § 5. (26) 1 R. L. 293, § 5. (27) Ib. § 6; Laws of 1826, p. 326, § 1. (28) Laws of 1819, p. 300, § 3. (29) Ib. p. 301, § 4. ARTICLE SECOND. Of the Survey and Appraisement of Unappropriated Lands, previous to sale. SEC. 9. Commissioners of land-office to direct surveys of unappropriated lands. 10. Estimate of expenses to be certified to the comptroller. 11. And to be paid by him. 12. Surveyors to appraise each lot. 13. Appraisal, returns, &c. to be delivered to surveyor-general, and copy to be filed in secretary's office. 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. ART. 2. 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, direct made. the surveyor-general to cause actual surveys to be made of such parts of the unappropriated lands of this state as they shall direct. 30 $10. Whenever it shall become the duty of the surveyor-general Proceedings. to make a survey and sale of public lands, he shall obtain, from the commissioners of the land-office, a certificate, to be directed to the comptroller, containing their estimate of the expenses of such survey or sale. 31 $ 11. He shall deliver such certificate to the comptroller; and the Ib. sum at which such expenses are estimated therein, shall be paid to him out of the treasury.31 appraised. $ 12. It shall be the duty of the surveyors who shall be appointed Lots to be by the surveyor-general to survey any unappropriated lands, in order to a sale thereof, to appraise the value of each lot, exclusive of the improvements thereon, exceeding the value of twenty-five dollars. 32 $ 13. They shall deliver such appraisement, together with the re- . turns of such surveys, and maps of the lots so surveyed, and a fieldbook, containing an account of the soil, timber, and local advantages of each lot, to the surveyor-general; who shall cause a copy to be filed in the secretary's office. 32 veyors. 14. Every surveyor who shall be employed by the surveyor-gene- Oath of sur ral, to survey any unappropriated lands, and to appraise the value thereof, shall, before he proceeds to make such survey and appraisement, take and subscribe the oath prescribed by the constitution, and shall file the said oath, certified by the person before whom the same shall be taken, in the surveyor-general's office.33 false return. $15. In case any such surveyor shall wilfully and knowingly Penalty for make a false return of the survey by him made, or shall wilfully and knowingly return an appraisal of the lands so surveyed, to the sur (30) 1 R. L. 295, § 11. (31) Ib. § 19. (32) Ib. § 13. (33) Ib. § 23. TITLE 5. veyor-general, variant from the true value thereof, or without having personally surveyed and explored the same, he shall be deemed guilty of wilful and corrupt perjury.3 34 Maps to be made, &c. To be public. S 16. The surveyor-general shall make, or cause to be made, a map of each of the tracts so directed to be surveyed, distinguishing on such maps the town and county in which the lots are situate; which maps shall be deposited in his office, and a copy thereof, to be furnished by him, shall also be deposited in the office of the secretary of state. 35 $ 17. Such maps and copies shall be open to the inspection of every person, during the stated hours of doing business in the said offiees, until the lands described thereon shall be sold.35 ARTICLE THIRD, Of the Sale of the Unappropriated Lands, and the Execution of SEC. 18. Commissioners of land-office may direct sales of unappropriated lands. 19. To fix the minimum price, and to designate newspapers for the publication of notices. 20. To prescribe the amount of purchase money to be paid down. 21. All sales by surveyor-general, to be in the city of Albany, unless otherwise directed by land-office. 22. To give eight weeks notice of time, &c. of sale. 23. Conditions of sale. 24. Penalty on purchaser for refusing to comply with conditions of sale. 25. If conditions complied with, surveyor-general to give purchaser certificate. 26. Rights acquired by purchaser, under a certificate. 27. Purchasers when entitled to letters patent, and to have their obligations cancelled. 23. If certificate is lost or withheld, patent may be issued on proof of the fact. 29. When persons die, having pre-emptive right to lands, commissioners to decide on claims thereto. 30. To establish rules to prevent frauds under two last sections. 31. Lots not sold at public sale by surveyor-general, may be sold to first applicant. 32. Duty of applicant, number of lots which he may take. 33. If no application for unsold lots, minimum price may be reduced. 34. Occupant of certain lands, if sold, to recover value of improvements; value how to be ascertained. 35. When surveyor-general to appoint appraisers of improvements. 36. What deductions appraisers to make. 37. Expense of appraisal how paid. 38. Patent not to issue until value of improvements paid. 39. The five preceding sections not to extend to certain lands. 40. Person entitled to grant, dying before it issues, his heirs or devisees entitled to it, 41. In case consideration is not paid, heirs or devisees to execute security therefor. 43. If account be paid, land to be granted; if not, to be sold at auction. 44. Persons entitled to a grant, to apply within twelve months. 45. If not so applied for, land to be sold. 46. If default be made in payment of obligation given for lands, commissioners may order land to be resold, and previous payments forfeited. 47. In what cases surveyor-general to bid in for the state, lands sold for the purchase monies due. 48. To sell lands so purchased, to applicant, giving preference to last owner. 49. If such lands are newly appraised, to be sold at appraised value. (34) 1 R. L. 295, § 23. (35) Ib. § 14. |