The residue of the site had been previously acquired by the State without consideration from the village of Cortland on November 5th, 1868, and from the trustees of Cortlandville Academy on October 18th, 1869. Attention should be called to the provisions of the conveyance to the State by the trustees of the Cortlandville Academy, dated October 18th, 1869. This deed recites an act of the Legislature, passed April 16th, 1868, whereby said trustees were authorized to convey the land therein described for the use of a normal school building on such terms as said trustees might by resolution provide; that by resolution of the board of trustees of said academy, adopted October 18th, 1869, the conveyance of the use of said land was directed subject to the following conditions "First. An academic department shall be maintained and supplied with proper teachers in said normal school building by the proper State authority. Second. Tuition shall be given free and without charge to all the children and wards of the inhabitants residing within the bounds of a corporation of Cortland village in all the departments of said school. Third. The land, the use of which is hereby conveyed, to be used as a part of said site and that on the breach of either of said conditions, the conveyance should be void and said land and the use and the possession thereof should revert to the said trustees or to their successors or their legal representatives." This deed was accordingly executed subject to such conditions. The city of Cortland has succeeded to all of the rights of the trustees of the Cortlandville Academy. A protest by Israel T. Deyo, Esq., a member of the local board of the State Normal School at Cortland, has been made, which has been concurred in by William H. Clark, chairman of said board. Mr. Deyo and Mr. Clark call attention to the condition in said conveyance requiring the maintenance of an academic department in said Normal School, and that under the present normal school system there is no occasion or excuse for the maintenance of such an academic department at the expense of the State, but there is the same need of children to furnish practice material for teachers in training, and suggesting that upon the reconveyance of this land by the State the city shall abandon its claim to the maintenance by the State of an academic department in the new normal school which is to be located on a different site in the city of Cortland. The old site of the normal school sought to be acquired by the city and county is valuable. A hearing was held on this application before your Committee on November 30th, 1921, attended by the city and county attorneys of Cortland, by Hon. Frank B. Gilbert for the Commissioners of Education and for the board of managers of the State Normal School, and by John F. Tremain, Secretary of the State Commission of Prisons. We would, therefore, recommend that a grant be made to the county of Cortland of the parcel of land forming the southerly portion of the site as above described, together with an easement of a strip 12 feet wide to Church street, subject to the condition and restriction that no building be erected by the county of Cortland thereon within 20 feet of the northern line thereof, using the description given in the said petition and that a grant of the remaining lands subject to said right of way to the county of Cortland be conveyed to the city of Cortland by the description of lands in said petition requested to be conveyed to said city, such grants to be made upon such terms and conditions and upon such consideration to be paid to the State as may, to your Honorable Board, seem just and proper, the said grants to be made upon condition that the State be released from any responsibility to maintain an academic department for the instruction of pupils of the city of Cortland, and that such grants be made subject to the approval of the Attorney-General as to form. The statute directs: "No such grant shall be made, however, until there shall be filed in the office of the Commissioners of the Land Office the certificate of the State Commissioner of Education to the effect that the lands proposed to be conveyed are no longer required by the State for Normal School purposes." We hereby certify that such certificate of the State Commissioner of Education has been filed accordingly. Respectfully submitted, CHARLES D. NEWTON, N. M. MARSHALL, State Treasurer. FRANK M. WILLIAMS, State Engineer and Surveyor. GENERAL INDEX Actions against State Officials.. Agricultural Affairs, report on.. Appellate Courts, proceedings in. Appellate Division, First Department, proceedings pending.. PAGE 27 17 18 20 20 21 25 Applications to Attorney-General to commence actions in name of people. 56 opinions in such applications... Bonus for Soldiers, constitutionality of law. Co-Operative Society of America, investigation of.. 441 5 7 55 19 16 13 5 8 11 7 419 35 8 .61-225 227-438 56 .441-469 5 9 14 10 18 8 INDEX TO OPINIONS, FORMAL AND INFORMAL. ADJUTANT-GENERAL: PAGE chapter 122, Laws 1919; persons entitled to World War Medals... 247 right of special County Judge or special Surrogate to grant order.. 352 section 1142-a, Penal Law; distribution to medical profession by 382 ALIENS: securities held by State Insurance Department. section 10, Real Property Law; alien residents of state may purchase 402 417 APPLICATIONS FOR LEAVE TO COMMENCE ACTIONS IN NAME OF application of Amelia Salomon to proceed against universal Electric 441 application of Lou. B. Cleveland to dissolve the Syracuse and Subur- application of Emanuel Zimmet et al., to dissolve The Electric Trad- 450 452 application to commence quo warranto proceeding, Nicholas A. 458 application of David Deuer to dissolve National Grain Company. 460 application to remove from office the president of O. L. Forrester 462 article 7-a, General Business Law; right to practice without certifi- section 77, General Business Law; use of word architect 66 252 295 ARMISTICE DAY: section 24, General Construction Law, legal holiday.. 377 section 145, Negotiable Instruments Law; negotiable instruments 378 ARSENAL: sale of; payment of broker's fee not authorized.... 247 |