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ART. 2

ings.

praisod.

obtain, from the commissioners of the land-office, a certificate A
to be directed to the comptroller, containing their estimate of
the expenses of such survey or sale.

1 R. L, 295, 19. $ 11. He shall deliver such certificate to the comptroller; Proceedand the sum at which such expenses are estimated therein, shall be paid to him out of the treasury.

1 R. L., 295, 8 19. $ 12. It shall be the duty of the surveyors who shall be Lots to be appointed 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.

1 R. L., 295, $ 13. § 13. They shall deliver such appraisement, together with Ib. the returns of such surveys, and maps of the lots so surveyed, and a field-book, 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.

R. L., 295, § 13. $ 14. Every surveyor who shall be employed by the sur- Oath of sur veyor-general, to survey any unappropriated lands, and to veyors. appraise the value thereof, shall, before he proceeds to make such survey and appraisement, take and subscribe the oath

(200) 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.

1 R. L., 295, $ 23. S 15. In case any such surveyor shall wilfully and know- Penalty for ingly 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 surveyor-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.

1 R. L., 295, $ 3. $ 16. The surveyor-general shall make, or cause to be Maps 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.

1 R. L., 295, $ 14. · $ 17. Such maps and copies shall be open to the inspection to be of every person, during the stated hours of doing business in pu the said offices, until the lands described thereon shall be sold.

false return..

made, &c.

1 R. L., 295, 8 14.

public.

TITLE 5.

ARTICLE THIRD.
OF THE SALE OF THE UNAPPROPRIATED LANDS, AND THE EXECUTION

OF GRANTS THEREFOR.
Sec. 18. Commissioners 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. 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. 28. If certificate is lost or withheld, patent may be issued. 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 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. 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. 42. If heirs, &c., are not of full age, to open account with them. 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, commissioners may order land resold. 47. In what cases surveyor-general to bid in lands sold for the purchase monies.. 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. 50. Lands purchased by the attorney-general, to be sold by surveyor-general. 61. Also, to sell lands purchased by commissioners of loans, under the act of 1808. 62. If such re-sale be ordered, notice to be given to occupant to remove. 53. Proceedings for the removal of occupant; duty and powers of sheriff. 54. If person removed return without permission, how dealt with, and penalty. 55. Fees of judge and sheriff. 56. Upon a re-sale of lands, bonds to be delivered up and cancelled. 57. If lands bought for the state, on a re-sale, commissioners to direct terms of sale 58. When commissioners to fix time for performance of conditions of a grant. 59. Notice of time so fixed, how given. 60. If conditions not performed, grant forfeited. 61 & 62. Terms on which lands in 4th senate district may be sold. 63. Liabilities and duties of purchasers thereof. 64. Duties of assessors in regard to such lands. 65. Attorney-general to cause partition to be made of lands held in common. 66. Lauds when to be deemed unappropriated lands.

$ 18. The commissioners of the land-office may from time to time, direct the surveyor-general to sell the unappropriated lands belonging to this state, and not otherwise directed to

(201)

Lands when

to be sold.

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ART. 8.

ings.

be disposed of, at public auction, in such parcels as they shall deem most for the interest of the state, and for the promotion of the settlement thereof; but not more than twenty thousand acres shall be sold at any one auction, and each lot shall be separately exposed to sale.

1 R. L., 295, § 12. $ 19. The commissioners shall, previous to every sale, Proceedfurnish the surveyor-general with a statement of the price of each lot, below which it shall not be sold ; and they shall also designate the newspapers in which the surveyor-general shall cause the notices of sale to be published; but they shall in all cases designate at least one newspaper published in the county where the lands to be sold are situated; or if there be no newspaper therein, then they shall designate at least one newspaper that shall be published nearest to such lands.

1 R. L., 295, § 13; Laws of 1826, 327, $ 5. $ 20. The commissioners shall also, previous to every sale, Ib. prescribe the amount of purchase money to be paid at the time of sale to the surveyor-general. In fixing this amount, they shall have reference to the value and situation of the lands and the timber thereon, and it shall in no case be less than twenty-five per cent. nor more than seventy-five per cent of the purchase money.

Laws of 1826, 354, 4. $ 21. All public sales of lands belonging to the people of Place of this state, to be made by the surveyor-general, shall be held by him in the city of Albany, unless he shall be otherwise directed by the commissioners of the land-office.

1 R. L., § 22. $ 22. He shall give eight weeks previous notice of the (202) time, place, and conditions of such sale to be published in Not such newspapers as the said commissioners shall have selected and prescribed.

Laws of 1826, 354, § 15; 327, $ 5. S 23. Within forty-eight hours after each sale, the pur- Conditions. chaser of each tract shall pay to the surveyor-general the first payment required thereon, and execute a penal obligation conditioned for the payment of the residue of the purchase money to the people of the state of New York, in six equal annual payments, with interest at the rate of six per cent.

1 R. L., 296, § 16 & 18. $ 24. If any purchaser shall refuse or neglect to make such Penalty for payment, and to deliver such obligation to the surveyor- them. general as aforesaid, he shall, for every such refusal or neglect, forfeit the sum of fifty dollars for each lot so by him purchased, to be recovered with costs of suit by the surveyor-general.

R. L., 296, § 16 & 18. $ 25. The surveyor-general, on the delivery to him of such Certificate obligation, and on the receipt of such payment, shall give

sale.

Notice.

a breach of

of sale.

TITLE 5.

Rights acquired under it.

Patents when to issue.

such purchaser a certificate containing the name of the purchaser, a description of the land purchased, the sum paid, and the sum remaining due thereon; and shall deliver such obligation to the comptroller,

R. L., 296, § 16 & 18. $26. The certificate of sale given by the surveyor-general, for any lands that have been or may be sold by him, shall not be deemed to confer upon the purchaser, any right to cut down or destroy any kind of wood or timber standing or growing upon such land, unless such right shall be expressly granted by the certificate; but where a right of entering into the possession of any land so sold, shall be vested in the purchaser by the certificate, nothing herein contained shall prevent such purchaser from actually using and applying any wood or timber on the land, to the erection of fences or buildings thereon; nor from using the necessary firewood growing thereon, in his family ; nor from actually and fairly improving any such land for the purposes of cultivation.

Laws of 1826, 210, $ 4. $ 27. Whenever any purchaser at a sale made by the surveyor-general, or the representatives or assigns of such purchaser, shall produce to the commissioners, the surveyorgeneral's certificate, with a receipt of the treasurer endorsed thereon, for the whole of the purchase money due thereon, it shall be the duty of the comptroller to cancel the obligation executed by such purchaser on the sale, and letters patent for the lands described in the certificate shall be issued.

1 R. L., 296, § 16. Upon certi- $ 28. Whenever any such certificate shall be lost or wronglost, &c. fully withheld by any person from the owner thereof, the

commissioners may receive evidence of such loss or wrongful (203) detention; and on satisfactory proof of the fact, may issue a

patent to such person as shall appear to them to be the proprietor of the land described in the original certificate.

Laws of 1814, 21, § 2 & 3. Upon death S 29. Whenever any person shall die, possessed of lands to

which he had, under any law of this state, a pre-emptive right, the commissioners may hear and determine the claims of all persons who may claim to be entitled, in whole or in part, to such pre-emptive right; and on such determination, the person or persons to whom any such pre-emptive right, in whole or in part, shall be awarded, shall be entitled to all the rights and privileges, and be subject to all the restrictions and liabilities, of other purchasers of unappropriated lands.

Laws of 1814, 21, 8 2 & 3. $ 30. The commissioners shall have power to establish such rules, as in their opinion may be proper, to prevent fraudulent applications on false suggestions, under the two preceding sections.

Laws of 1814, 21, $ 2 & 3.

ficate being a

of purchaser.

Rules to prevent Iraud.

ART. 3. Lots when

private sale.

78 of 18rtise, an same, aion theonable

$ 31. Whenever the surveyor-general shall have exposed to sale, any lots of the unappropriated lands of this state, pur- to be sold at suant to law, and any of such lots shall remain unsold, the commissioners may direct the surveyor-general to issue certificates for the sale thereof, to such persons respectively, as shall thereafter, first make application for any of the said lots, at the minimum price affixed to them.

1 R. L, 297, § 21. S 32. No person shall be considered as an applicant, unless Conditions. be shall have made the first payment, and executed the obligation required by law; and no one applicant shall be entitled to a grant of more than two lots, except so far as it respects lands in the counties of Saratoga, Washington, Warren, Schenectady, Montgomery, Essex, Clinton and Franklin.

Laws of 1815, 203, $ 5. $ 33. Whenever any lot of the unappropriated lands shall If not sold, have been put up for sale, by the surveyor-general, and no be reduced. bid shall be received for the same, and no application be made for the purchase thereof, within a reasonable time, the commissioners may, if in their opinion the minimum price was fixed too high, lessen the same, and direct the surveyor-general again to advertise, and proceed with the sale thereof.

Laws of 1819, 300, $2. $ 34. If any tract of land directed to be sold by the com- Improve missioners, was occupied on the seventeenth day of February, paid for in one thousand eight hundred and nine, and improved to the cases, 1 value of twenty-five dollars, or exceeding that value, the appraisal. occupant of such improvement shall be entitled to recover from the purchaser, the value thereof, at the time of the sale, to be ascertained by appraisers, one of whom shall be nominated by such occupant, another by the purchaser, and a third, in case of their disagreement, by the other two.

IR L., 296, § 17. S 35. If either, such occupant, or purchaser, shall refuse or (204) neglect, on the application of the other, to make such nomi- Sarveyornation, and such neglect or refusal shall be proved to the appoint satisfaction of the surveyor-general, he shall appoint apprais- in certain ers, to ascertain the value of such improvement.

1 R. L., 296, § 17. § 36. It shall be the duty of the appraisers, in making their Duty of appraisement, to deduct from the appraised value of such appraisers. improvements, a reasonable allowance for the use of the lands by the occupant, and also for the deterioration of the value thereof, by his cutting and carrying away timber therefrom, during such occupancy, or causing it to be done.

Laws of 1817, 101, $ 4. $ 37. The purchaser and occupant shall each, pay one half Expense. of the expense of every such appraisement.

1 R. L., 296, § 17.

ments to be

general to

appraisers

cases.

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