TITLE 7. Notice of sale. sale. than the attorney-general, and not redeemed, a conveyance S 19. Whenever any premises mortgaged to the people of this state, shall be advertised for sale, whether the foreclosure be by notice or decree, the terms of the sale shall be specified in the advertisement. See Laws of 1831, ch. 102. Evidence of S 20. In all cases of foreclosure by notice, the attorneygeneral shall file the affidavits of the publication of the advertisement of sale, and of the circumstances respecting the sale, in the office of the secretary of state, to be there recorded; and such affidavits, or the record thereof, shall have the like effect, as if the same had been recorded in the office of the clerk of the county where the premises are situate. Capitol and Care of state hall. [215] Arsenals, &c. Statutes referred to, and in part re-enacted, in the compilation of this Title. 1 R. L., 375, § 14; Ib., 484, § 2, 3, 4, 7, 8; Laws of 1814, p. 21, § 4; 1822, p. 286, § 1, 2, 3; 1824, p. 341, § 1 to 5 inc.; and 1825, p. 378. TITLE VII. OF THE PUBLIC BUILDINGS AND ERECTIONS. SEC. 1. Capitol" and "State Hall," in Albany, to retain those names. 2. (Repealed.) 3. Care of State Hall in whom vested. 4. Commissary-general to have care of state arsenals, &c. 5. State prisons to be under the care of their officers. 6. Marine hospital, to be under care of health commissioners. 7. Pier at Sagg-Harbor to be under care of receiver of its profits. 8. Such receiver to give bonds. 9. To collect profits of pier and wharf connected with it; to account to comptroller. S1. The buildings in the city of Albany, now known as the "Capitol," and "State Hall," shall respectively continue to be known and denominated by those names. The Laws of 1830, ch. 249, repealed § 2, and constitute a board of trustees of the capitol. S3. The custody and care of the state hall, shall be vested in the comptroller, secretary of state, and surveyor-general; and the comptroller shall have power, from time to time, to cause such repairs as may be necessary to its preservation, to be made to the said building, and to draw his warrant on the treasury for the expenses thereof, not exceeding one hundred dollars in any one year. Laws of 1826, 267; 1 R. L., 480, § 25. See Laws of 1834, ch. 66; 1840, ch. 295. $ 4. The custody and care of the several arsenals and magazines belonging to this state, and of the lands and buildings connected therewith, shall be vested in the commissary-general. Laws of 1823, 350, § 54; Laws of 1821, 228; 1824, 261. TITLE 8. $5. The state prison at Mount-Pleasant, and the state prison at Auburn, and the lands and buildings connected therewith, prisons. shall severally be under the care of the officers charged therewith. hospital. $6. The marine hospital at Staten-Island, and the lands Marine and buildings connected therewith, shall be under the care of the commissioners of health of the city of New-York. S7. The State Pier at the port of Sagg-Harbor, shall be State pier. under the care of the receiver of the profits thereof. Laws of 1823, 350, § 54; Laws of 1821, 228; 1824, 261. receiver. $8. Every person hereafter appointed to the office of such Duty of receiver, shall, before he enters on the duties of his office, execute a bond to the people of this state, in the sum of two thousand dollars, and with one or more sureties, to be approved of by the comptroller, conditioned for the faithful performance, by such receiver, of the duties of his office; which bond shall be filed in the office of the comptroller. Laws of 1823, 350, § 54; Laws of 1821, 228; 1824, 261. $9. It shall be the duty of such receiver to collect, from I. time to time, such portion of the profits arising from the state pier, and the long-wharf united with it, as the people of this state may be entitled to, under the appraisement and valuation made in pursuance of the act entitled "An act relative to the state wharf at the port of Sagg-Harbor," passed April 10th, 1824. He shall account with the comptroller, at the end of each year, for all monies received by him during such year, and after deducting ten per cent. thereon, as a full compensation for his services, shall pay the balance into the treasury. Laws of 1823, 350, § 54; Laws of 1821, 228; 1824, 261. See Laws of TITLE VIII. OF THE STATE LIBRARY. SEC. 1. Annual appropriation for its enlargement. 2. Three hundred dollars to be paid annually by the court of chancery. 3. When the expenses of the court will not allow of that sum, it is to be reduced. 4. Trustees of library to report annually to legislature. 5 & 6. Trustees to appoint a librarian, and to prescribe regulations of library. 7. President of senate and speaker of assembly, before granting certificate to members, shall see that they have returned books taken from library. 8. No book or map to be taken, except by members of legislature. 9. Contingent expenses of library paid out of treasury. [216] $1. There shall be paid out of the treasury, to the trustees of the state library, in every year, the sum of one thousand Annual dollars, for the gradual enlargement of the library Laws of 1827, 318, § 2. appropria tions. dred dollars $2. It shall be the duty of the court of chancery, to direct Three hunthe assistant register of that court to pay, in the month of from chanMay, in each year, to the said trustees, out of the interest or cery fund. profits arising from the surplus of the common fund appertaining to the court of chancery, and under the particular TITLE 8. May be reduced Annual report. Librarian. Regulations. Members to return books. Books, &c., not to be taken out. [217] Contingent expenses. charge of such assistant register, the sum of three hundred dollars, to be expended in the gradual enlargement of the library. Laws of 1825, 302, § 2. S3. If at any time the interest or profits of said fund shall not be sufficient to discharge the contingent expenses of the court of chancery, and also the annual appropriation of three hundred dollars, the court of chancery may direct that such annual sum be so reduced, that the expenses of the court shall be first paid. Laws of 1825, 302, § 2. S4. It shall be the duty of the trustees of the state library, annually to report to the legislature, the manner in which the monies by them received during the year preceding, have been expended; together with a true and perfect catalogue of all the books, maps and charts then remaining in the library. Laws of 1825, 302, § 4. $5. The trustees shall have power, from time to time, to appoint a librarian to superintend and take care of the library; and to prescribe such rules and regulations for the government of the library, as they shall think proper. Laws of 1818, 297, § 2. S6. It shall be the duty of the trustees to provide, in their regulations, that any member of the senate or assembly, during the session of the legislature, or during the sitting of the court for the correction of errors, or of the senate only, shall be permitted, under proper restrictions, forfeitures and penalties, to take to his boarding-house, or private room, any book belonging to the library, except such books, as the trustees shall determine are necessary always to be kept in the library, as books of reference; but no member of the legislature shall be permitted to take or detain from the library, more than two volumes at any one time. Laws of 1825, 303, § 5. $ 7. Before the president of the senate, or the speaker of the assembly, shall grant to any member a certificate of the time of his attendance, he shall be satisfied that such member has returned all books taken out of the library by him, and has settled all accounts for fines, for injuring such books, or otherwise. Laws of 1825, 303, § 5. S8. It shall also be the duty of the trustees to provide in their regulations, that no book, map, or other publication, shall be at any time taken out of the library by any other person than a member of the legislature, for any purpose whatever. Laws of 1818, 297, § 2; 1825, 303, § 3 & 6; 1829, ch. 188. $9. The contingent expenses of the library, incurred for stationery, fire-wood, and candles, purchased for the library, shall be duly certified by a majority of the trustees, and paid Laws of 1818, 297, § 2; 1825, p. 303, § 3 & 6; 1829, ch. 188. See Laws TITLE IX. (See Act amendatory, Laws of 1836, chap. 287.) OF THE CANALS. ART. 1.-Designation and description of the canals. ART. 2.-Of the canal commissioners, and their general powers and duties. ART. 3. Of the appraisement of damages. ART. 4.—Of the canal board, their powers and duties. ART. 5.—Of water privileges, and the sale of surplus waters. ART. 6. Of the superintendents of repairs, and the collectors of tolls. ART. 7.-Regulations and penalties concerning the navigation of the canals, and the collection of tolls. ART. 8.-Regulations and penalties concerning the protection and maintenance of the canals. ART. 9.—Miscellaneous provisions of a general nature. ARTICLE FIRST. DESIGNATION AND DESCRIPTION OF THE CANALS. SEC. 1. Names of the canals. 2. The Erie and Champlain canals declared to be completed. 3. Canal board to declare when other canals completed. 4 & 5. Map of canals to be made; to be compiled by commissioners, and filed. 6. Comptroller to send copy to every county intersected by canal, to be filed. 7. A transcript from original, or certified copy of map, presumptive evidence. 8. Provisions of this Title to apply to all state canals. ART. 1. $1. The navigable communications heretofore constructed, Names of and now in the progress of construction, by the state, shall be canals. known and designated as follows: 1. The navigable communication connecting the waters of lake Erie with those of the Hudson river, and all the side cuts, feeders and other works belonging to the state connected therewith, by the name of the "Erie Canal." 1 R. L., 247; Act of June 19th, 1812, in Session Laws of 1812; Laws of 2. That connecting the waters of lake Champlain, with those of the Hudson, and the works belonging thereto, by the name of the "Champlain Canal." 1 R. L., 247; Act of June 19th, 1812, in Session Laws of 1812; Laws of 3. That commencing at Geneva, and terminating near Montezuma, and connecting the waters of the Seneca lake with TITLE 9. [218] Certain pleted. Completion the Erie canal, and the works belonging thereto by the name of the "Cayuga and Seneca Canal." Session Laws of 1813, chap. 144; 1814, 146; 1817, 83; 1825, 391; 1827, 223, § 12. 4. That commencing at Syracuse, and terminating at Oswego, by the name of the "Oswego Canal." Laws of 1827, 223, § 12. See Laws of 1829, ch. 120; ch. 135; 1833, ch. 32; 1836, ch. 157; ch. 257. S2. The Erie and Champlain canals are hereby declared to be canals com completed, and all the powers and authority heretofore given by law to the canal commissioners, in relation to the construction of those canals, shall be deemed to have been executed. $3. Whenever any canal now in the progress of construcof others, tion, or that shall hereafter be constructed, shall be completed, the canal board shall, by an order, declare the fact of such completion, and from that time, all the powers and authority of the canal commissioners, in relation to the construction of such canal, shall cease. how clared. Map, &c., of canals. Where filed Ib. Copy to be evidence. [219] S 4. A complete manuscript map and field notes, of every canal that now is, or hereafter shall be completed, and of all the lands belonging to the state adjacent thereto or connected therewith, shall be made, on which the boundaries of every parcel of such lands, to which the state shall have a separate title, shall be designated, and the names of the former owners and the date of each title be entered. The expense thereof shall be paid out of the canal fund. If the canal commissioners, on examination of the premises, be satisfied that the cost and expense of making such map, field notes and survey, will exceed the sum of five thousand dollars, no such map and field notes shall be compiled. 11 N. Y., 313; 15 B., 641. S5. Every such map shall be compiled by the canal commissioners, who shall, for that purpose, cause all necessary surveys to be made; when prepared, it shall be submitted to the canal board for its approbation; and when so approved, shall be signed by the canal commissioners, be certified by them as correct, and be filed in the office of the comptroller. $6. A copy of each map so filed, together with the field books and notes of such survey, or of such part thereof as the canal board shall direct, shall be transmitted by the comptroller to every county intersected by the canal to which the map shall relate, and shall be filed in the clerk's office of such county. $7. A transcript from the original map, or from a copy thereof, certified as correct, by the officer with whom such map or copy shall be filed, shall be received as presumptive evidence, in all judicial and legal proceedings. S8. The provisions of this Title shall be construed to apply Application to every canal belonging to the state, of which the construction now is or hereafter shall be authorised by law. of this See Laws of 1837, ch. 451. |