TITLE 5. Certain lands, how $ 64. [Sec. 51.] It shall also be his duty to sell under the like directions of the commissioners of the land office, and on the terms to be sold. and conditions prescribed by them, all or any of the lands purchased by the commissioners of loans, for the benefit of the people of this state, according to the provisions of "An act authorizing a loan of moneys to the citizens of this state," passed April 11, 1808, and all or any of the lands which have been or may be purchased in behalf of the people of this state, or which have or may become the property of the said people, by virtue of the "act authorizing a loan of certain moneys belonging to the United States, deposited with the state of New York for safe keeping," passed April 4, 1837, or by virtue of any other act authorizing any loan of money for the benefit of the people of this state or of any fund belonging to them. [As amended 1841, ch. 92.]1 [206] Occupants of lands removed. $65. [Sec. 52.] Whenever the commissioners direct a release, pursuant to the foregoing provisions, they shall cause notice to be resold to be given to every occupant of such land to remove therefrom; and in case of his refusal or neglect to comply with such notice, they shall direct the district attorney of the county in which such lands may be situated, to enter a complaint against such occupant before the county judge of the county.s Proceedings. Penalty for returning after removal. Fees, judge have S66. [Sec. 53.] The judge shall proceed to examine into the matter; and on proof, by the production of a certificate from the clerk of the commissioners of the land office, that a resale of such land has been duly ordered for default of payment, he shall issue his warrant to the sheriff of the county, commanding him within ten days after the receipt thereof to remove such occupant from such lands; and it shall be the duty of the sheriff, within the time specified in the warrant, to remove such person, and for that purpose he shall have the same powers as in the execution of criminal process.4 $67. [Sec. 54.] The sheriff shall retain such warrant in his hands, and if any person so removed shall return to settle or reside upon such lands, without the consent of the [state engineer and surveyor,] such person shall be forthwith removed by the sheriff, pursuant to the warrant; and shall also be deemed guilty of a misdemeanor, and be liable, on conviction, to be fined or imprisoned; the fine not to exceed one hundred dollars, and the imprisonment not to exceed thirty days.* $68. [Sec. 55.] Every judge who may issue a warrant under this title, for issuing such warrant and taking the preliminary been abo- proof, shall be entitled to receive a fee of one dollar in each case; and the sheriff, for executing every such warrant, shall be allowed such compensation as the comptroller shall certify to be reasonable; which fees shall be paid out of the treasury.* lished]. Duty of commissioners. $69. [Sec. 56.] Whenever the commissioners shall cause such lands to be sold and such previous payments to be forfeited, they may deliver up and cancel the obligations given for the lots so ordered to be sold, on the certificates of sale being surrendered. 1 The act of 1841, amending this section, referred to it as § 55. That was its number in the revi sors' second edition. 2 "County judge" substituted for "one of the judges of the court of common pleas." 3 Laws of 1826, p. 209, § 2. Id., ib.; Laws of 1821, p. 183, §§ 1 and 2. 5 Id., p. 178. commis $70. [Sec. 57.] If on any such sale the [state engineer and ART. 3. surveyor] shall become the purchaser, in behalf of the state, the Duty of commissioners of the land office shall direct, whether the land sioners. purchased shall be offered for sale by the [state engineer and sur- [207] veyor,] at the price for which the same was purchased by him, or whether a new appraisement shall be made thereof, under his direction.1 performing of grant, $71. [Sec. 58.] Whenever grants of land shall have been direct- Time for ed to be made by the commissioners of the land office, upon the conditions performance of any conditions by the grantees, and no time for the how fixed. performance of such conditions has been prescribed by law, or by the terms of any agreement on the part of the state, the commissioners may fix a reasonable time for the performance of such conditions, not less than one year.2 Notice.. $72. [Sec. 59.] They shall cause notice of the time so fixed to be inserted in the state paper for at least six weeks, and shall transmit by mail a copy of such notice to the persons interested.2 $73. [Sec. 60.] If such conditions shall not be performed, within Forfeiture the time limited in such notice, the person or persons entitled to any benefit under such grant, shall forfeit all right and title in the premises.2 sale of cer $74 [Sec. 61.] The commissioners of the land office, upon the Terms of application of any person for any unappropriated lands in the fourth tain lands. senate district, not less than one hundred and sixty acres, may sell such lands, if already surveyed, at such price as they shall ascertain to be their cash value.3 ings. $75. [Sec. 62.] If application be made for any quantity of such Proceedlands, not less than one thousand acres, not already surveyed, the commissioners may cause surveys and estimates thereof to be made, and may sell the same at their real cash value, as ascertained by them.3 $76, [Sec. 63.] The purchasers of the lands under the two last Conditions.. sections, shall be subject to the duties and liabilities, and entitled to the rights and privileges, of other purchasers of unappropriated lands.s assessed.. $77. [Sec. 64.] No lands so sold, for five years after the sale, How shall be assessed by the assessors of the town in which they shall lie, at any higher valuation than the estimate upon which they were sold, unless improvements shall within that time have been made thereon; in which case, the value of such improvements shall be added to the estimate." certain made. $78. [Sec. 65.] The attorney-general, whenever so directed by Partition in the commissioners of the land office, shall cause partition to be cases, how made of such tracts of land as are held in joint tenancy, or tenancy in common, in which the people of this state are interested; and for that purpose he may do all such acts as any joint tenant, or tenant in common is authorized by law to do.1 What to be $79. [Sec. 66.] The lands belonging to the common school fund, ___[208] all escheated lands, and all other lands belonging to this state deemed which are not directed by law to be kept for, or applied to any ated lands 1 Laws of 1824, p. 10, § 2. 2 Laws of 1827, pp. 82 and 83, § 1. • Id., p. 239. 1 R. L., 484, § 1. unappropri TITLE 5. penalty imposed in the next section; or shall present indictments against such trespassers to the grand jury of his county, as he shall judge most discreet. In either case he shall cause the witnesses to support such prosecutions to be duly subpoenaed, and shall conduct such prosecutions to a final determination.1 Penalty for trespass on Indian $92. [Sec. 74.] Every person who shall trespass on any land public and belonging to the people of this state, or any Indian lands, by cutting or carrying away timber growing thereon, shall forfeit and pay the sum of twenty-five dollars for every tree that shall be cut or carried away by him or under his direction.1 lands. Proceeds, $93. [Sec. 75.] The district attorney shall apply such penalties how applied when collected, first, to the payment of the costs and expenses incurred, including a reasonable compensation to the witnesses who shall attend in behalf of the people, to be certified by the court before which such recovery shall be had, and shall pay the residue thereof into the treasury of the county.' Defendant, how impris $94. [Sec. 76.] Whenever execution shall be issued upon judgoned. ments recovered in actions for such penalties, and the body of any defendant shall be arrested thereon, he shall be imprisoned according to law, without being entitled to the liberties of the jail.' Assessments on how paid. $95. [Sec. 77.] All assessments legally made, upon lands bepublic lands longing to the people of this state, and all legal rents or charges thereon, shall be audited by the comptroller and paid out of the treasury. And this section shall extend to all such assessments on lands sold or leased under the authority of this state, made prior to the sale or letting of such lands, unless the purchaser or lessee shall have agreed to pay such assessments.2 [210] Charges and assessments on certain public lands *S 96. The commissioners of the land office are hereby authorized 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. [1830, ch. 268, § 2.] *S 97. All expenses of survey, appraisement, or any other exfund to be penses 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. [Same ch., § 3.] Surveys, &c. to what charged. Costs of certain suits $98. Wherever suits have been brought, or shall hereafter to be paid. be brought, by the direction of the commissioners of the land office, pursuant to the fifth article of the fifth title of the ninth chapter of the first part of the Revised Statutes, and the plaintiffs in such suits have failed or shall fail to recover in such suits, or the defendants in such suits shall be unable to pay the costs adjudged against them, the comptroller shall have power to audit and settle the amount of the taxable costs in such suits, and to direct the payment thereof, out of the treasury of this state, to such district attorneys as may be entitled to the same. [1836, ch. 234.] 1 Laws of 1826, p. 209, § 3. 2 Laws of 1822, p. 125, § 1. ARTICLE SIXTH. Of the Duties of the Commissioners of the Land Office in regard to Lands belonging to the Canal Fund. SEC. 99. How commissioners to dispose of such lands. 100. Expenses of surveys thereof, how defrayed. 101. Conditions of such sales. 102. Commissioners to appoint agents to prosecute for trespasses on lands. 103. Agents to give security. 104. They may bring suits in name of the people. 105. Compensation and expenses of agent to be paid out of treasury. ART. 6. when to be $99. [Sec. 78.] The commissioners of the land office shall dis- How and pose of the lands conveyed to this state for the benefit of the canal sold. fund, in such manner, at such times, and on such terms, as they shall judge best for the interest of the canal fund; and for that purpose, they shall from time to time cause such surveys and examinations to be made, as they shall deem necessary. surveys. $ 100. [Sec. 79.] The expenses of such surveys and examina- Expense of tions, shall be defrayed in the same manner as the expenses relating to the surveys and sales of the unappropriated lands of this state. sale. $101. [Sec. 80.] Whenever any part of such lands shall be sold, Terms of the commissioners shall require at least fifty per cent of the purchase money to be paid in hand, or secured to their satisfaction on other property, payable in three annual installments, with interest; and in either case, the residue of the purchase money shall be payable in three yearly payments, with interest at the rate of six per cent per annum. $102. [Sec. 81.] The commissioners of the land office shall Agents. from time to time appoint discreet agents, to prosecute all trespassers on any lands belonging to the canal fund. bond. S 103. [Sec. 82.] Every such agent shall give such reasonable To give security, from time to time, to the people of this state, for the faithful execution of his trust, as the commissioners shall require and approve. $104. [See. 83.] He may bring suits in the name of the people, Powers. against all persons who shall have trespassed on the said lands, and may prosecute the same to judgment and execution. $105. [Sec. 84.] The costs and expenses which such agent Expenses. may incur in any such suit, together with such compensation for services as the commissioners shall deem just, shall be paid to him out of the treasury; but no allowance shall be made to him for any suit in which the defendant shall succeed on the trial, unless the commissioners shall be satisfied that there was probable cause for bringing such suit. [ARTICLE SEVENTH.1 Of the duties of the Commissioners of the Land Office in regard to Lands appropriated to the use of the Salt Springs.] SEC. 106. To lease lands contiguous to Montezuma salt springs. 107. Conditions to be inserted in leases. 108. To lay out lots in Onondaga Salt Springs reservation. 109. To cause them to be appraised. 110. Compensation of the appraisers: to be paid 111. Lands to be sold, excepting such as shall be necessary for the state. 112. Persons who may become purchasers. 113 Separate appraisal of certain lots. 1 The provisions con ained in this article consist of acts passed since the promulgation of the Revised Statutes. [211] TITLE 5. SEC. 114. Lands of the state required by railroads to be appraised. Salt springs and lands of the state, ed. 115. Proceeds of sales to be invested in other lands for the manufacture of salt. 117. Lots unsold at auction to be sold at private sale. 118. Other lands in Syracuse, when to be sold. 119. Before making sales, to purchase other lands of equal quantity. 120. Land so purchased set apart for manufacture of coarse salt. 121. Lands to be sold to be first laid out and map filed. 122. Occupants to retain the lands till first October succeeding the sale. 123. Manner of selecting appraisers of damages. 124, 125. Manner of assessing damages. 126. Expenses of carrying into effect this act to be audited and paid. 127. Commissioners of land office authorized to sell certain lands in Syracuse to Syracuse coarse salt company. 128. Before such sale, commissioners to purchase, with moneys of general salt fund, lands in third ward of Syracuse. 129. Salt vats on premises, directed to be sold, to be paid for. 130. Expenses, how paid. 131. Commissioners of land office directed to purchase, in county of Onondaga, lands suitable for manufacture of coarse salt by solar evaporation. 132. Commissioners, after such purchase; to sell certain lands in Syracuse to Syracuse coarse salt and the Onondaga coarse salt companies; removal of salt erections from said lands; proviso; appraisal, &c. 133. Damages sustained by removal to be appraised by commissioners, and the manner of appraisal. 134. Lands purchased set apart for manufacture of coarse salt; maps to be made and filed. 135. Expenses, how paid. 136. Commissioners of land office authorized to sell certain lands in Syracuse. 137. Maps to be made; persons to be appointed to appraise lots; duty of appraisers; duty of state engineer and surveyor. 138. Owners of leases and erections allowed to become purchasers of lots, on complying with conditions. 139. If conditions not complied with, lots to be sold at auction to highest bidder. 140. Sale of lots not to be made unless equal quantity of other lands can be purchased with money. * 106. The commissioners of the land office are hereby authorized to lease to any person or persons the Montezuma salt springs may be leas and the land contiguous thereto, upon such terms and for such a length of time as shall, in their estimation, best secure the interests of the state; but every lease executed under the provisions of this act shall contain a clause reserving to the state the power and right of terminating such lease, upon notice being given to the persons or some of them interested therein, of the intent so to do, by said commissioners, in such manner and for such a time as shall be determined by such commissioners, and upon terms best calculated to save the equities and rights of the persons interested in any case which may be terminated as aforesaid. [1847, ch. 340, § 1.] Conditions the lease *S 107. Every lease executed under this act shall be conditionto be put in ed that the lessee or lessees shall make all such erections as may be necessary to give a supply of brine for the manufacture of salt, and for carrying on and keeping the works in repair during the term of such lease, and shall further contain such other conditions and restrictions as may be deemed proper by said commissioners to secure the lessee or lessees in the peaceable use of said lands and springs, and indemnify the state against any and all expenditures and expense in or about the manufacturing salt at said springs during the running of any such lease. [Same ch., § 2.] Land to be lots. $108. The commissioners of the land office are hereby autholaid out into rized and directed to cause to be surveyed and laid out into lots, of such size as in their opinion shall be for the best interest of the people of this state, such portion of the Onondaga Salt Springs reservation as are not occupied for the purpose of manufacturing salt, and which they shall deem unsuited to that purpose, and cause a map to be made of the same, one copy of which, after being marked as hereinafter directed, shall be deposited in the office of the state engineer and surveyor in Albany, and one other copy in the office of the superintendent of the Onondaga salt springs in Syracuse. [1848, ch. 346, § 1.] |