TITLE 2 Advances $6. The commissioners shall advance to each of the superfor repairs. intendents of canal repairs, such sums as in their opinion shall be required in the execution of their duties, not exceeding at any one time, five thousand dollars. Application of surplus revenue. Ib. Notice for loans. Laws of 1827, 223, § 13. $ 7. The commissioners of the canal fund shall, from time to time, apply the surplus revenues of the canal fund, after paying the interest of the canal debt, to the purchase of canal stock of this state, if in their opinion such stock can be purchased upon advantageous terms. And the certificates of stock so purchased shall be cancelled. Laws of 1826, 361, § 21 & 22. 8. Whenever the commissioners shall be unable to purchase canal stock upon terms by them deemed advantageous to the state, they may invest such surplus revenues in the public stocks of the United States, or any public stock created by the corporation of the city of New-York or Albany, and from time to time may re-invest the interest or dividends upon such investments, as part of such surplus revenues. Laws of 1826, 361, § 23. $9. Whenever the commissioners of the canal fund shall be authorised to borrow money upon the credit of the state, [195] they shall, previous to any loan to be made by them, give notice that sealed proposals will be received to a given day, and until a certain hour of such day, to be named in the notice; which notice shall be published in two newspapers, in each of the cities of New-York and Albany, and continued for two weeks daily in the New-York papers, and at least twice a week in the Albany papers. And the proposals received by them shall not be opened, until the hour specified in such notice. Power to al low certain claims. Proceedings. Laws of 1821, 26, § 7. $10. The commissioners of the canal fund shall have power to allow all claims for monies paid by the canal commissioners, or any one of them, or by an engineer or agent in their employment, or by any superintendent or toll collector, for judgments recovered against them or either of them, in any suit instituted for any act done by them, under the canal laws of this state, or for costs and expenses incurred in any such suit, or in any suit instituted by them or either of them, under such laws. Laws of 1827, 222, § 8. $ 11. The commissioners of the canal fund, before they shall allow any such claim, shall examine into the circumstances under which such costs shall have been incurred, or judgments recovered; and shall allow such claim, or such part thereof as they shall deem to be reasonable, if they shall be satisfied that such commissioners, or other officers making such claims, have been subjected to such costs, expenses or judgments, while acting in good faith in the discharge of their duty, under any law of this state. Laws of 1827, 222, § 8. TITLE 4 suits. $12. The commissioners of the canal fund shall have To defend power, in their discretion, to direct the attorney-general, or to employ other counsel, to take all necessary steps in defending the interest of the state, in all suits and proceedings before the supreme court, or any other court, which may arise under the laws respecting the canals, or from the appraisement of damages thereon. Laws of 1827, 222, § 9. the canal § 13. All monies expended in the construction, reparation Charges on or improvement of the canals now authorised by law, or fund. allowed or expended by the commissioners of the canal fund under this Title; or expended by the commissioners of the canal fund, the canal commissioners, or other officers or agents employed on such canals, pursuant to any law of this state, together with the compensation to such officers respectively, (including the salaries of the canal commissioners) shall be charged to the canal fund; and the comptroller shall also charge to the canal fund, from time to time, so much for the services of the clerks in his office, devoted to the accounts and revenues of the canals, as in his opinion shall be just and proper. Laws of 1827, 4, § 3. TITLE III. [196] OF THE LITERATURE FUND. SEC. 1. Designation of the fund. 2. Capital of literature fund, how to be invested. fund. $1. That portion of the funds of this state, heretofore Literature known and distinguished as the "Literature Fund," shall continue to be known and distinguished by that name. Laws of 1827, 237, § 3. how in $ 2. Whenever any money belonging to the capital of the Principal literature fund, shall be paid into the treasury, the comptrol- vested. ler 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 advantage ous. TITLE IV. OF THE COMMON SCHOOL FUND. SEC. 1. Designation and description of the fund. 2. Monies to be annually distributed as the revenue. 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. Common $1. The proceeds of all lands which belonged to the state school fund. on the first day of January, in the year one thousand eight $2. There shall be annually distributed as the revenue of Laws of 1826, 350; 1819, 187, § 3. $ 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. Laws of 1824, 337, § 1. $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 comptroller 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. Laws of 1823, 47, § 2. 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. Laws of 1823, 47, § 2. $6. The care and disposition of all lands belonging to the school fund, shall be vested in the commissioners of the landoffice. : TITLE V. OF THE PUBLIC LANDS, AND THE SUPERINTENDENCE AND ART. 1.-Of the general powers and duties of the commissioners of the land office. ART. 2. — Of the survey and appraisement of unappropriated lands, previous to ART. 3. sale. Of the sale of the unappropriated lands, and the execution of grants ART. 4.-Of grants of land under water. ART. 5. — Regulations concerning the protection of the public lands, and the payment of charges thereon. ART. 6. Of the duties of the commissioners of the land-office, in regard to lands belonging to the canal fund. ARTICLE FIRST. OF THE GENERAL POWERS AND DUTIES OF THE COMMISSIONERS OF THE SEC. 1. 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. To prescribe form of letters patent; reservation of gold and silver mines. 6. To make compensation for failure of title to lands purchased of state. 7. May lease improved lands of state. ART. 1. tend public 8. Expenses incurred by commissioners to be paid out of treasury. §1. The commissioners of the land-office shall have the To superingeneral care and superintendence of all lands belonging to lande. this state, the superintendence whereof is not vested in some other officer or board. They shall also have power to direct the granting of the unappropriated lands of the state, according to the directions from time to time to be prescribed by law. 1 R. L., 292, § 1; 5 Cow., 460. act. [198] $ 2. All the powers now vested or hereafter to be vested in Majority to 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. 1 R. L., 292, § 1. vened. $ 3. The secretary of state shall convene the commis- How consioners, 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. 1 R. L., 292, § 2; Laws of 1815, 10, § 5. $4. The deputy-secretary of state shall be clerk to the Their clerk, commissioners, and shall enter the minutes of their proceed- his duties. ings 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. 1 R. L., 292, § 2; Laws of 1815, 10, § 5. TITLE 5. Patents. To refund monies in certain cases. [See § 2, S5. 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. 1 R. L., 293, § 5. $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 thereto, it shall be the duty Title 8, ch. of the commissioners to direct the payment 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. 8, p. 185.] To lease certain lands. Expenses how paid. [199] Surveys made. 1 R. L., 293, § 6; Laws of 1826, 326, § 1. $ 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. Laws of 1819, 300, § 3. $ 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 treasury. Laws of 1819, 301, § 4. ARTICLE SECOND. OF THE SURVEY AND APPRAISEMENT OF UNAPPROPRIATED LANDS, SEC. 9. 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. 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. 17. Maps to be open to public inspection. $9. The commissioners of the land-office may, from time when to be to time, as often as they shall judge it to be for the interest of the state, direct the surveyor-general to cause actual surveys to be made of such parts of the unappropriated lands of this state as they shall direct. Proceedings. 1 R. L., 295, § 11. $10. Whenever it shall become the duty of the surveyorgeneral to make a survey and sale of public lands, he shall |