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TITLE 7. To print

To publish laws therein.


Laws may be read therefrom.


Lawo in volumes.

S 5. He shall print, in the city of Albany, a newspaper, state paper. which shall be deemed the state paper, whenever such paper

is or shall be referred to in the laws of this state; and such paper shall be published daily, or weekly, or semi-weekly, at his discretion.

S 6. He shall publish forthwith in such paper, every certified copy of a law which shall be delivered to him for that purpose, by the secretary of state.

$ 7. A proof copy of every law so published, shall be furnished by him to the secretary of state, to be by him revised and corrected.

S 8. Every law so published by him, may be read in evidence from the paper in which it shall be contained, in all courts of

justicc in this state, and in all proceedings before any officer, (184)

body, or board, in which it shall be thought necessary to refer thereto, until three months after the close of the session in

which it became a law. To publish S 9. He shall also publish in such paper, all notices and

advertisements delivered to him for that purpose, which by law are or shall be required to be printed in the state paper.

S 10. He shall print, in volumes of the octavo size, so many copies of the laws of each session, with the concurrent resolutions and indexes that shall be delivered to him for that purpose, by the secretary of state, as shall be annually directed by the secretary, who shall also revise and correct the proof sheets.

1 R. L., 484, § 12; Laws of 1815, 280, $ 6. S 11. He shall deliver such copies, bound in boards, to the secretary of state, within one month after the close of the session, in which such laws and concurrent resolutions were

passed. Volumes $ 12. All laws passed by the legislature, may be read in

evidence from the volumes printed by the state printer, in all courts of justice in this state, and in all proceedings before any officer, body, or board, in which it shall be thought necessary to refer thereto.

1 R. L., 527, § 32. $ 13. The state printer shall continue to receive such compensation for printing, and other services performed by him for this state, as is now allowed to him; and his accounts for such services, shall be audited by the comptroller, and paid out of the treasury: in other cases, he shall receive such compensation, to be paid by the person requiring the service to be performed, as is or shall be allowed by law.

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1 R. L., 484, S 12; act of 24th Oct., 1814, chap. 20, § 1; Laws of 1818,

p. 535; 1821, p. 59; 249, 8 1.




Sec. 1. Executive officers may administer oaths, and when.

2. Who may extinguish claims on lands sold by state.
3. Comptroller, &c., may file certificates of invalid sales for quit-rents.
4. Comptroller thereupon to cancel the sale.
5. From what fund the monies are to be refunded.
6. Comptroller and attorney-general may release lands from judgments in favor

of state.
7. Attorney-general may pay off incumbrances upon lands mortgaged to state.
8. When lands are sold under a judgment, attorney-general may redeem.
9. Attorney-general or comptroller may acknowledge satisfaction of judgments.
10. Repealed.
11. Repealed.
12. Attorney-general to decide upon conflicting claims to surplus monies.

(185) 13. Comptroller to dispose of bank stock owned by state. 14. What state officers to attend legislature, and report upon matters referred to

them. 15. Secretary, comptroller and surveyor-general, to file quarterly accounts of

receipts. 16. How comptroller, &c., may seal papers. 17. Certified copies of papers in the office of comptroller and surveyor-general,

evidence. 18. What duties deputy secretary and deputy comptroller to perform. 19. Offices to be kept in the public building in Albany. $1. Whenever the governor, the secretary of state, the officers

may admin comptroller, the deputy comptroller, the treasurer, the attor- inter certain ney-general, and the surveyor-general, shall either of them oaths. legally require proof, by affidavit, in any matter belonging to his office, the officer requiring the proof may administer the necessary oath.

1 R. I, 482, 82; Laws of 1824, 342, 8 6. $ 2. The comptroller, the attorney-general, and the sur- Extinguishveyor-general, or any two of them, with the consent and claims. approbation of the governor, may, from time to time, extinguish all legal claims on lands sold under the authority of this state, or granted, for a valuable consideration, under its authority. The moneys required for such purposes, shall be paid out of the treasury; and in no case shall the sum paid for the extinguishment of any such claim, exceed the principal monies, with interest thereon at the rate of six per cent. per annum, for which the lands, to which the claim relates, shall have been sold by the state.

1 R. L., 294, $ 7. S 3. Whenever it shall appear to the comptroller, the sales for attorney-general and the surveyor-general, or any two of it invalid. them, that any sales of lands, for arrears of quit-rents, have been improperly made, or that such sales cannot, for any reason, be effectual, it shall be the duty of the officers so acting, or of any two of them, to subscribe a certificate of the fact, and of the reasons why, in their judgments, such sales

ment of

I. — 24




Release of land bound


were improper, or why they cannot be effectual, and to file the same in the office of the comptroller.

Laws of 1828, chap. 297, passed April 21, 1828; Laws of 1826, 327,

§ 2 and 3. May be can- S 4. Upon the filing of such certificate in his office, it shall

be lawful for the comptroller to cancel such sales on his books, and to refund to the purchasers, their heirs or assigns, the amount of the consideration money paid, together with interest, at the rate of six per cent. per annum, from the time of such payment until such sale is vacated, not exceeding six years in the whole.

Laws of 1826, 327, 8 2 and 3. Money, how $ 5. Whenever such re-payment shall be made, and when

ever monies shall be refunded by the comptroller, for payments erroneously made into the treasury, on account of quit-rents, the one equal moiety thereof shall be paid out of the common school fund, and the other moiety out of the literature fund.

Laws of 1826, 327, $ 2 and 3. (186] S 6. The comptroller, with the consent of the attorney

a general, if they shall be satisfied that the interests of the state by a judg- will not be prejudiced, may release any portion of a real

estate, subject to a judgment in favor of the people of this state, from the lien created by such judgment.

Laws of 1819, 317, $ 6. Prior mort- S 7. Where the attorney-general shall ascertain that lands mane parlament mortgaged to the people of this state, are incumbered by

prior judgments or mortgages, he may, with the advice and consent of the comptroller, discharge such prior incumbrances, and take an assignment thereof to the people of this state; and all sums of money required for such purpose, shall be paid to him out of the treasury.

Laws of 1817, 6, 83. Mortgaged § 8. Whenever any lands which shall have been mortgaged

len to the people of this state, or purchased for the people on the

foreclosure of a mortgage, shall be sold on execution, by virtue of a judgment recovered prior to such mortgage, the attorney-general, with the advice and consent of the comptroller, may redeem such lands, in the same manner as judgment creditors are authorized by law to redeem.

Laws of 1822, 125, $ 2. Satisfaction $ 9. The attorney-general and comptroller, or either of them, of judgments to may acknowledge satisfaction of any judgment in favor of

the people of this state, when the same shall have been settled or discharged, either by payment, or by legislative provision; and the clerk of the court in which the judgment was docketed, shall, on filing a satisfaction-piece, acknowledged by them, or either of them, enter satisfaction of record.

1 R. L., 269; Laws of 1822, 126; sec. 10 and 11 repealed by Laws of

1831, ch. 320, ģ 17.

to be paid.

lands, when to be redeemed,


claims to surplus.

attend leg

account of

TITLE & $ 12. It shall be the duty of the comptroller, where inter

[187] fering claims to such surplus monies shall be made, to refer Interfering such claims 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.

Laws of 1824, 303, § 2. $ 13. The comptroller, by and with the advice of the Bank stock. governor, may, from time to time, dispose of any of the bank stock belonging to the state, and apply the proceeds to the credit of the treasury, or invest them in other stocks, as may be judged most expedient.

Laws of 1818, 306, § 15. $ 14. It shall be the duty of the secretary of state, the Officers to comptroller, the treasurer, the attorney-general, and the sur- islature. veyor-general, to attend the legislature during their session ; and to report on all matters referred to them by the legislature, or by either bouse of state

$15. The secretary of state, the comptroller, and the Quarterly, surveyor-general, shall, on the first days of January, April, fees. July and October, in each year, file with the treasurer, an account in writing, of all fees by them respectively received, during the preceding quarter and pay the amount thereof into the treasury.

2 R. L., 29; 1 R. L., 527, $ 1; 530, $ 7. $ 16. In all conveyances and other writings, executed by the Seals to officomptroller, under his seal of office, and upon all commissions issued, and certificates granted by the secretary of state or the adjutant-general, it shall be lawful to affix the proper seal, by making an impression directly on the paper, which shall be as valid as if made on a wafer, or on wax.

Laws of 1822, 285, $ 7. S 17. Copies of papers deposited or filed in the offices of Copies of the comptroller and surveyor-general, certified by the officer when eviin whose office they are deposited, shall, in all cases, be der

(188) evidence equally and in like manner as the originals.

$ 18. The deputy-secretary of state, and the deputy-comp- Deputy troller, shall each of them perform all the duties attached by and deputy law to the office of his principal, during an absence of such lero principal from the state, or a vacancy in his office.

Laws of 1823, 19. $ 19. The offices of the secretary of state, comptroller, Offices

where kept. treasurer, attorney-general and surveyor-general, shall be kept in the state-hall, in the city of Albany.

1 R. L., 472, 2.

of office, the secret the proper stali

cial papers.




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CHAP. IX. Of the Funds, Revenue, Expenditures and Property of the State ; and the Administration thereof.

(Took effect January 1, 1828.)
TITLE 1.— Of the general fund, and the expenditures chargeable

TITLE 2. — Of the canal fund, and the administration thereof.
TITLE 3. — Of the literature fund.
TITLE 4. — Of the common school fund.
TITLE 5. — Of the public lands, and the superintendence and dispo-

sition thereof.
TITLE 6. — Of mortgages to the people of this state, and the foreclosure

7.- Of the public buildings and erections.
TITLE 8. — Of the state library.
TITLE 9. — Of the canals.
TITLE 10. — Of the salt springs.

11.– Of the interest of the state in mines.
TITLE 12. — Of escheats.
TITLE 13. — Of the recovery of forfeited estates.


SEC. 1. Designation and description of the general fund.

2. Duties on pedlers to belong to general fund.
3. Fees of secretary of state, comptroller and surveyor-general.
4. Monies recovered for certain penalties to go to general fund.
5. Salaries of officers of government.
6. Salaries, when and how payable.
7. Treasurer may retain his salary.
8 & 9. Pay of lieutenant-governor.

10. Sums allowed for clerk hire, and how and when paid. (189)

11. Furniture, stationery, &c., ot' certain officers, to be paid out of the treasury.
12. Stationery, &c., and postage of adjutant-general and judge-advocate-general.
13. Rent and taxes of governor's house.
14. Incidental expenses of the governor.
15. Allowance to governor, to defray expenses of apprehending criminals.
16. Additional expenditures chargeable upon general fund.

17. Deficiency in common school fund, how supplied. General $ 1. The stocks, debts, and other property heretofore known fand.

as the general fund of this state, shall continue, together with the increase and revenue thereof, and the additions which may be made thereto, to be known and denominated as the

“ General Fund.” Duties on

§ 2. All monies paid into the treasury for duties imposed pedlers.

upon hawkers, pedlers, and petty chapmen, shall be deemed a

part of the general fund. Foes of cer- S 3. The fees of office which may be received by the secretain officers

tary of state, the comptroller, and the surveyor-general, shall

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