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Proof of6 $ 38. The commissioners shall not issue letters patent for KSre"^ anv sucn tracts °f land, until satisfactory proof be produced, tera iseoe. that the purchaser has, in the manner prescribed in this Title,

or otherwise, satisfied the occupant of such tract, for his

improvements thereon.

1 R. L., 296, § 17.

Son'oflne $ ^e P1606^11? nve sections shall not extend to any five preced- lands that shall have been previously disposed of by the state, ing sections Qr ^ which the state shall have acquired title by escheat or confiscation, or by purchase at any sale under a mortgage, judgment, or other security, or by conveyance from any person indebted to it.

Laws of 1828, chapter 321, § 6.

cntmed 5 40. Whenever any person to whom a grant of land shall to pant, have been ordered, pursuant to any law of this state, shall die iHcH to'take before the issuing of such grant, the heirs or devisees of every such person, shall be entitled to such grant, upon their complying with the conditions, upon which the grant was to have been made.

Laws of 1815, 201, §2.

hel's°ic § 41. In case any monies shall remain due to the state, on if or'age.' account of the consideration of such lands, and the execution of the securities for the payment of such consideration, or any part of it, shall appear to be one of the conditions required of the grantee, the heirs and devisees, if of age, shall execute them.

Laws of 1815, 201, § 2.

i^when § 42. If such heirs or devisees are not of full age, the not of age. treasurer aud comptroller shall open an account with them for such consideration monies, in their respective offices; and the treasurer shall receive payments and give receipts on such accounts.

Laws of 1815, 201, §2.

undtobe S 43. When such account shall be paid in full, the grant wh"nLto:be sna^ issuesuca heirs or devisees; and in case of default in •old!1 to the payment of the monies due on such account, according to ta«5j the condition of the grant, the commissioners may direct the surveyor-general to sell the land at public auction.

Laws of 1815, 201, g 2.

tiSni'when S 44. Whenever any person shall, by virtue of any special to be made law, become entitled to a grant of any of the unappropriated entlaeduj" lands of the people of this state, he shall apply for the grant sTM"1- within twelve months after the passing of the law in his favor, unless it be otherwise provided by such law.

1 R. L., 299, g 28.

fngSceond" $ 45. After the expiration of the time above limited, it shall omission, not be lawful for the commissioners to issue such grants; but

such land shall .be sold, in the manner directed for the sale of

unappropriated lands.

1S.L, 299, % 28.

§ 46. If any one payment, stipulated in any obligation L^cV!^en received by the surveyor-general, upon any sale of unappro- to be resold, priated lands, shall remain due one year after the same ought to have been made, the commissioners of the land-office may direct the comptroller to put such obligation in suit, or may direct the surveyor-general to sell again the land, for the payment of which, such obligation shall have been given; and in case of such sale, all previous payments made on account of such land, shall be forfeited to the people of this state.

11L., 299, § 18.

§ 47. Whenever the surveyor-general shall sell any lot of J^08 land, for the purchase monies due thereon, and the sum due the state, for principal and interest shall not be bid therefor, he shall purchase the same for the state, at the amount so due, with the costs of sale.

Laws of 1815, 10, § 2.

§ 48. The surveyor-general may sell such lot or lots of land, Jjjjj.0 ** so purchased by him for the state, to any person who may apply to purchase the same; always giving a preference to the last owner, provided he shall apply to purchase the same within three months after the sale, for the amount at which the same was purchased for the state, on the like terms and conditions, as he is authorised to sell the unappropriated lands of the state.

Laws of 1815, 10, § 2.

g 49. If the commissioners of the land-office shall have when to be directed a new appraisal of such lands, the surveyor-general praisai.ap" may sell the same, in the manner authorised in the preceding section, for the prices at which the lots may be respectively appraised.

Laws of 1815, 10, § 2.

§ 50. All lands which have been, or shall be, purchased for, certain or on behalf of the state, by the attorney-general pursuant to soVby law, except in cases already provided for by law, shall be sold llnerli' by the surveyor-general, under the direction of the commissioners of the land-office, in such manner and on such terms and conditions as to them shall appear for the interest of the state.

Laws of 1815, 10, § 1.

§ 51. It shall also be his duty to sell, under the like direc- taoei tions of the commissioners of the land-office, and on the terms Iband 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 monies to the citizens of this state," passed April 11th, 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

Tiilb s. gtate G£ jq-ew 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.

Laws of 1822, 122, § 3, and Laws of 1841, ch. 92.

occnpante § 52. Whenever the commissioners direct a re-sale, pursuant ntouito be to the foregoing provisions, they shall cause notice to be given removed. ^ everv 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 one of the judges of the court of common pleas of the county.

Laws of 1826, 209, § 2.

Proceed- § 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 re-sale 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.

Laws of 1826, 209, § 2; Laws of 1821, 183, % 1 & 2.

Penalty for § 54. The sheriff shall retain such warrant in his hands, and after re-^ if any person so removed shall return, to settle or reside upon movai. gucu ian(iS) without the consent of the surveyor-general, 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.

Laws of 1826, 209, § 2; Laws of 1821, 183, § 1 &. 2.

Feet. g 55. Every judge who may issue a warrant under this Title,

for issuing such warrant and taking the preliminary 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.

Laws of 1826, 209, § 2; Laws of 1821, 183, § 1 A 2.

Duty of § 56. Whenever the commissioners shall cause such lands to •foyers'!' 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.

Laws of 182r, 178.

lb. § 57. If, on any such sale, the surveyor-general shall become

the purchaser, in behalf of the state, the commissioners of the laorj land-office shall direct, whether the land purchased, shall be offered for sale by the surveyor-general, at the price for which the same was purchased by him, or whether a new appraisement shall be made thereof, under his direction.

Laws of 1814, 10, § 2.

§ 58. Whenever grants of land shall have been directed to ""JJ^J", be made by the commissioners of the land-office, Upon the conditions performance of any conditions by the grantees, and no time how fixed, for the 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.

Laws of 1827, 82, 83, § L

§ 59. They shall cause notice of the time so fixed, to be Notice, inserted in the state paper for at least six weeks, and shall transmit by mail a copy of such notice to the persons interested.

Laws of 1827, 82, 83, § 1.

<5 60. If such conditions shall not be performed within the Forfeitnre. 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.

Laws of 1827, 82, 83, § 1.

§ 61. The commissioners of the land-office, upon the appli- JSTM}"* cation of any person for any unappropriated lands in the fourth tain SuX. 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.

Laws of 1827, 239.

S 62. If application be made for any quantity of such lands, Proceednot less than one thousand acres, not already surveyed, the g9' commissioners may cause surveys and estimates thereof to be made, and may sell the same at their real cash value, as ascertained by them.

Laws of 1827, 239.

5 63. The purchasers of lands under the two last sections, Conditlom. shall be subject to the duties and liabilities, and entitled to the rights and privileges, of other purchasers of unappropriated lands.

Laws of 1827, 239.

§ 64. *No lands so sold, for five years after the sale, shall be How assessed by the assessors of the town in which they shall he, *8se"6i 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.

Laws of 1827, 239.

§ 65. The attorney-general, whenever so directed by the commissioners of the land-office, shall cause partition to be cases how

made.

TITLE 5.

When and to whom.

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 authorised by law to do.

1 B. L., 484, § 1.

(208] g 66. The lands belonging to the common school fund, all deemed be escheated lands, and all other lands belonging to this state atTdTiX1" wn^c^ are no* directed by law to be kept for, or applied to, a 0 any specific purpose, shall be deemed unappropriated lands, within the meaning of this title.

Laws of 1828, ch. 321, § 6.

ARTICLE FOURTH.*

OF GBANTS OF LAND UNDER WATEE.

Seo. 61. When and to whom commissioners may grant lands under water.

68 A 69. The power given in preceding section to extend to certain waters.
70 & 71. Applicants to give notice, and how. ■»

g 67. The commissioners of the land office shall have power to grant, in perpetuity or otherwise, so much of the lands under the waters of navigable rivers or lakes, as they shall deem necessary, to promote the commerce of this state, or proper 'for the beneficial enjoyment of the same by the adjacent owner; but no such grant shall be made to any person, other than the proprietor of the adjacent lands, and any such grant that shall be made to any other person, shall be void.

1 R. L., 293, § 4; Laws of 1815, 201, § 1; Laws of 1850, ch. 283.

g 68. The powers hereby vested in the said commissioners, shall extend to lands under the water of Hudson's river, adjacent to the state of New-Jersey; and also to lands under the water adjacent to and surrounding Great Barn Island, in the city and county of New-York; and to the land between high and low water mark on said island; but no grant shall be so made as to interfere with the rights of the corporation of the city of New-York, or to affect the navigation of the waters surrounding the said island.

1 R. L, 293, § 4; Laws of 1815, 201, § 1; Laws of 1860, ch. 283.

g 69. The powers of the commissioners shall also extend to the lands under water, adjacent to and surrounding StatenIsland; but no such grant shall be so made as to interfere with any rights of the corporation of the city of New-York, or to extend more than five hundred feet into the water, from low water mark.

1 R. L, 293, § 4; Laws of 1815, 201, § 1; Laws of 1850, ch. 283.

g 70. Every applicant for a grant of land mider water, shall, previous to his application, give notice thereof, by advertisement, to be published for six weeks successively, in a newspaper printed in the county in which the land so intended to

Certain waters.

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Notice by applicant.

* See acts amendatory. Laws of 1835, ch. 232, and Laws of 1860, ch. 283.

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