be applied for, shall be situated; and shall cause a copy of such advertisement to be put up on the door of the courthouse of such county, and if there be no court-house in the county, then at such place as the commissioners shall direct. ART. 5. applicant. 1 R. L., 293, § 4; Laws of 1815, 201, § 1; Laws of 1850, ch. 283. $71. If there be no newspaper published in the county Notice by where such land shall lie, the advertisements shall be published in the newspaper that shall be printed nearest to such land. ARTICLE FIFTH. REGULATIONS CONCERNING THE PROTECTION OF THE PUBLIC LANDS, AND SEC. 72. Sheriffs to report trespasses within their counties. 73. Duty of district attorney. 74. Penalty for taking timber from lands of state, and from Indian lands. 75. Application of such penalties when collected. 76. When defendant is not entitled to jail limits. 77. Assessments made upon lands of state, to be paid out of the treasury. [209] to be re $72. The commissioners of the land-office may require the Trespasses sheriff of any county, in which lands belonging to the people ported by of this state, for which patents shall not have been issued, or sheriff. any Indian lands, may be situated, to examine and report to them, and to the district attorney of his county, any trespasses that may be committed on such lands, by cutting or carrying away the timber thereon. Laws of 1826, 209, § 3. district attorney. $73. Every district attorney, on receiving any such report, Duty of and also whenever directed by the commissioners of the land- attorney office, shall commence suits against such trespassers, for the 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 subpœnaed, and shall conduct such prosecutions to a final determination. Laws of 1826, 209, § 3. trespass on $74. Every person who shall trespass on any land belong- Penalty for ing to the people of this state, or any Indian lands, by cutting public and or carrying away, timber growing thereon, shall forfeit and Indian pay the sum of twenty-five dollars for every tree that shall be cut or carried away by him, or under his direction. Laws of 1826, 209, § 3; 13 W., 396. lands. how ap $75. The district attorney shall apply such penalties, when Proceeds collected, first to the payment of the costs and expenses plied." 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. Laws of 1826, 209, § 3. TITLE 5. Defendant, how imprisoned. Assess ments on public paid, $76. Whenever execution shall be issued upon judgments 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. Laws of 1826, 209, § 3. $77. All assessments legally made, upon lands belonging to the people of this state, and all legal rents or charges fands, how 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. [210] How and when to be sold. Expense of surveys. Terms of sale. Agents. To give bond. Powers. Laws of 1822, 125, § 1. ARTICLE SIXTH. OF THE DUTIES OF THE COMMISSIONERS OF THE LAND-OFFICE, IN REGARD SEC. 78. How commissioners to dispose of such lands. 79. Expenses of surveys thereof, how defrayed. 80. Conditions of such sales. 81. Commissioners to appoint agents to prosecute for trespasses on lands. 83. They may bring suits in name of people. 84. Compensation and expenses of agent to be paid out of treasury. $78. The commissioners of the land-office shall dispose of the lands conveyed to this state for the benefit of the canal 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. $79. The expenses of such surveys and examinations, shall be defrayed in the same manner, as the expenses relating to the surveys and sales, of the unappropriated lands of this state. $80. Whenever any part of such lands shall be sold, 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 instalments, 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. $81. The commissioners of the land-office shall, from time to time, appoint discreet agents, to prosecute all trespassers on any lands belonging to the canal fund. $82. Every such agent shall give such reasonable 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. $83. He may bring suits in the name of the people, against all persons who shall have trespassed on the said lands, and may prosecute the same to judgment and execution. 1 84. The costs and expenses which such agent may incur in This Article was compiled from the act of 28th March, 1826 (Laws of TITLE VI. OF MORTGAGES TO THE PEOPLE OF THIS STATE, AND THE FORECLOSURE THEREOF. SEC. 1. Mortgages to state may be foreclosed by notice, as under a power of sale. 3. Whenever he thinks proper, attorney-general may foreclose in equity. 5. Pay of persons making appraisal. 6. When attorney-general shall bid therefor to the amount due. 7. If appraisal is less than amount due, he shall bid the amount of appraisal. 8. Amount to be credited to mortgagor in certain cases. 9, 10 & 11. What to be required of purchaser. 12. Attorney-general to give certificate of sale, &c. 13. When the mortgagor or his heirs may redeem. 14. What to be paid upon such redemption. 15. Costs, &c., of sale to be paid out of treasury. 16. When premises are not redeemed, to be conveyed to the state. 17. In this case, the expenses are to be paid out of the treasury. 18. When conveyance to be executed to purchaser. 19. When premises are advertised, terms of sale to be specified in advertisement. TITLE 6. Expenses. [211] closed by $1. All mortgages already executed, or hereafter to be executed to the people of this state, may be foreclosed, by How foregiving notice in the manner in which mortgagees are autho- notice. rised to sell, under a power of sale; and every foreclosure so made, shall be an absolute bar of the equity of redemption, as against the mortgagor and all incumbrancers, subsequent to the state, and all persons claiming under him or them; and shall have the like effect against all parties in interest, except prior incumbrancers, as if the mortgage had been foreclosed in a court of equity. 11 N. Y., 198. 2. In all cases of foreclosure by notice, such notice shall be given by the attorney-general, who shall conduct the pro- Ib. ceedings necessary to perfect every such foreclosure, and shall execute a proper conveyance, without warranty, to the purchaser. See Laws of 1839, ch. 381. [212] $ 3. Whenever, in his judgment, it shall be proper, the attorney-general may proceed to foreclose the equity of In equity. redemption, in any lands mortgaged to the people of this state, in the court of chancery, or in the equity court of the district in which the lands may be situate. TITLE 6. Postponement of sale, appraisal. Pay of appraisers. Sum to be bid. Ib. Sum credited. Conditions of sale, Ib. [213] S4. Whenever any premises mortgaged to the people of this state, shall be advertised for sale, it shall be lawful for the attorney-general, at any time before the premises are actually struck off, to postpone the sale at his discretion, for the purpose of enquiring into the value of the premises; and to employ such person or persons as he shall select, to appraise the same. $5. The persons employed by the attorney-general to make any such appraisement, shall receive a reasonable compensation for the same, to be settled and allowed by the comptroller, and to be paid out of the treasury. $6. If the mortgaged premises are appraised at a sum equal to, or exceeding, the amount due the state, including costs and expenses, the attorney-general, on the sale of said premises, shall bid therefor in behalf of the people of this state, to the amount of the monies due and costs, in case such bidding shall be rendered necessary, to prevent the sale of such premises, for a less sun. S7. If the mortgaged premises are appraised at a sum less than the amount due the state, the attorney-general shall in like manner bid to the amount of such appraisement and no more. $8. Whenever any mortgaged premises shall be struck off to the attorney-general, for any amount, less than the amount of mortgage money, interest and costs, no greater sum shall be credited to the mortgagor or any other person, on account of such sale, than the amount bid for the premises sold, deducting therefrom all costs and charges of sale. $9. In all cases of such sales, whether under a notice or decree, if the mortgaged premises are not purchased for the benefit of this state, the attorney-general shall, if the mortgage bear an interest not exceeding six per cent., require of the purchaser, at the time of sale, such sum as shall be equal to the costs and expenses of sale, and the one-fourth part of the monies due the state; and for securing the remainder of the monies due the state, he may, on the execution of a deed to the purchaser, accept a bond and mortgage on the premises, sold, from the purchaser, to the people of this state, payable in six equal yearly instalments, with interest at the rate of six per cent. per annum. $10. If the mortgage bear an interest of seven per cent. per annum, the attorney-general shall require of the purchaser, at the time of sale, the payment of the interest in arrear, with the costs and expenses of sale, and one fourth part of the principal of such mortgage: and for the remainder, on the execution of a deed to the purchaser, he may accept from such purchaser a bond and mortgage, for the residue of the mortgage money, to the people of this state, payable in six equal yearly instalments, with lawful interest; provided the title to the lands to be mortgaged, shall be clear, and the lands exclusive of the buildings thereon, shall be worth double the principal of such new mortgage. TITLE 6. of sale. $ 11. If the mortgaged premises shall sell for a greater sum Conditions than the amount due the state and the costs and expenses of such sale, the attorney-general shall also require of the purchaser, at the time of sale, the payment of such surplus. $ 12. Upon every such sale, the attorney-general shall Certificate execute a certificate thereof to the purchaser, specifying the of sale. terms of the sale, and the amount paid by the purchaser; and in case the mortgaged premises shall be redeemed as hereinafter provided, the sale shall be void and of no effect. tion. § 13. Whenever any mortgaged premises shall be sold, Redempeither under a notice or a decree, it shall be lawful for the mortgagor, or his heirs or assigns, to redeem the same, at any time within sixty days after such sale. 5 W., 95. Extended to months by Laws of 1836, ch. 457. $ 14. Upon every redemption, the party redeeming shall pay Conditions. into the treasury the full amount due the state and charged on said premises, together with the costs and expenses of such sale, and interest on the whole sum at the rate of ten per cent. per annum from the time of sale to the time of redemption; and if the premises were sold for a greater sum than the amount due the state and such costs and expenses, he shall also pay into the treasury the like interest on the surplus monies. $15. If the premises redeemed shall have been purchased Costs. by the attorney-general for the benefit of the state, the amount of the costs and expenses of the sale shall be paid out of the treasury to the attorney-general: if the premises were not so purchased, there shall be paid out of the treasury to the purchaser, the sum actually paid into the treasury by him, together with the amount of interest thereon, at the rate of ten per cent. received from the person redeeming. See Laws of 1836, ch. 457. to the state. $16. Whenever any mortgaged premises purchased by the Conveyance attorney-general for the benefit of the state, shall not be redeemed, he shall, if the premises were sold by him, immediately after the time allowed for redemption, and if the premises were sold under a decree, immediately after he shall have received a conveyance therefor, execute to the people of this state, a proper conveyance of said premises, which shall vest in the people the same title as would have been acquired by any other purchaser, at such sale, under a conveyance executed in pursuance thereof. [214] $17. Whenever any mortgaged premises are so purchased Expenses. by the attorney-general, and not redeemed, all the expenses incurred by the attorney-general in the sale thereof, shall be paid to him out of the treasury. to pur $18. Whenever any premises mortgaged to the people of Conveyance this state, shall be sold and purchased by any person other chasers |