him from time to time by the treasurer, upon the warrant of the comptroller. Before drawing any money from the treasury to be expended by him, the superintendent shall make out in minute detail an estimate of the necessary expenses to be incurred so far as they can reasonably be foreseen for a period of two months, commencing with the month of January and forward the same to the comptroller, who shall thereupon authorize the superintendent to make his draft upon the treasurer for the amount of such estimate or such portion thereof as he shall think necessary and proper. To meet any extraordinary expenditure, the superintendent may, in like manner, make special estimates, upon which the comptroller shall advance in like manner if the same be approved by him, but the superintendent shall not receive from the treasury a larger sum than the amount of the appropriation made by the legislature for the support of the salt springs. At the expiration of each period of two months the superintendent shall make a full and perfect abstract of the vouchers in his possession to which his affidavit shall be attached, to the effect that he has deposited in the bank designated by the comptroller all the moneys received by him for duties on salt, rents, fines or penalties, or for other property of the state, that such abstract is a true abstract of all the vouchers taken by him as superintendent for such two months; that the moneys specified in the receipts. referred to in the abstract, has been actually paid as specified in such receipts; and that all the receipts were filled up as they then appear, and were read or the amount distinctly stated, to the signer of each, when signed, according to his best knowledge and belief. The report and vouchers shall be returned to the comptroller, and if satisfactory to him, he shall enter his approval on the abstract and audit and allow the accounts of the superintendent. The superintendent shall make out a report showing the expenditures for the two preceding months, corresponding in its detail of items to the estimate presented before an advance is authorized to be made by the comptroller. If any such vouchers are objectionable, the comptroller shall enter his disapproval on the particular voucher and not audit and allow the same until satisfied of its legality and propriety.

§ 36. Sale of lands on the Onondaga Salt Springs Reservation. The commissioners of the land office shall cause to be appraised and sell and convey in fee any of the lands of the Onondaga Salt Springs Reservation upon the request of any of the

lessees of said lands, or their legal representatives, upon their releasing absolutely all right to have, demand or receive from the state any money by way of damages either on account of the termination of the leases by which such lots are held or on account of the destruction or removal of any salt blocks, their appurtenances or any other property or buildings therefrom. Such lessees or their legal representatives after the appraisement of the value of such lands is returned to and approved by the commissioners of the land office may for thirty days after the date of such approval become the purchasers of such lands at the appraised value thereof, but if the lessee or his legal representative does not purchase such lands at such appraisal within said thirty days, the title thereof shall vest and be in the people of the state released and discharged from the terms and conditions of any leases, and such lands shall be advertised and sold under the direction and control of the commissioners of the land office to the highest bidder in accordance with the provisions of the public lands law, but the lessee or his legal representatives, may, for thirty days after such sale, remove therefrom the buildings and other property placed thereon by him. In case of failure to so remove such buildings or other property within said time, the same shall be considered as given up and abandoned and shall become and be the property of the person or persons so purchasing said land.

37. Title to lands.-The title of all lands of the Onondaga Salt Springs Reservation which are now adjacent to, or which surround, or upon which are located the engines, pumps or wells belonging to the people of the state of New York, which shall not have been sold or disposed of in accordance with the foregoing provisions of this chapter on or before the first day of March, eighteen hundred and ninety-eight, and the title of all other lands of the Onondaga Salt Springs Reservation which shall not have been sold or disposed of in accordance with the foregoing provisions of this chapter on or before the first day of January, eighteen hundred and ninety-nine, shall vest and be in the people of the state, released and discharged from the terms and conditions of any leases, and the buildings, structures and property thereon shall be deemed abandoned and shall become and be the property of the people of the state of New York.

§ 38. Moneys arising from sale.-All moneys arising from the sale of the Onondaga Salt Springs Reservation or any part thereof, by virtue of the forgoing provisions of this chapter, shall

State Engineer; Department of Canals.

§§ 52-54

chainmen. The state engineer shall file with the comptroller a statement of all such appointments, containing the name of the appointee, the nature of his duties, the daily compensation to be paid him and the term of his employment.

The compensation and expenses of the engineers and appointees and all the expenses of the engineer department of the canals shall be paid out of the funds appropriated for the repair and maintenance of the canals, except the expenses of the state engineer's office and the expenses of persons engaged upon work of construction or improvement for which special appropriation is made.

§ 52. Division engineers; general duties. Each Each division engineer shall frequently pass over and carefully inspect all of the canals embraced in the division under his charge; examine and, if necessary, revise all surveys, maps, profiles, measurements, plans, specifications and estimates made in reference thereto by any engineer employed upon such division; see that the engineers and overseers of work employed thereupon faithfully perform their duties, and make to the state engineer and to the superintendent of public works or the assistant superintendent in special charge of the division, and to the superintendents of repairs, such sugges tions in relation to repairs and the plan of making the same as will, in his judgment, most tend to the safe and economical navigation of the canals.

53. Division engineers; duties as to maps, surveys and plans. Each division engineer shall, under the direction of the state engineer, make or cause to be made all surveys, maps, plans, specifications and estimates necessary or required by the canal board or superintendent of public works, to determine the proper location of the line of the canals, or any portion thereof, upon his division, or preparatory to placing any work under contract for construction, and transmit a copy thereof to the state engineer, who shall, after a due inspection and revision, submit the same to the canal board, with his approval indorsed thereupon, and on obtaining the certificate of adoption of the canal board, he shall file the same in his office.

§ 54. Advances to division engineers.—If a division engineer has filed his official undertaking, he may draw on the comptroller for advances to meet the expenses of the engineer department upon his division. If such draft be countersigned by the state engineer, and a receipt for the amount thereof be filed with the comptroller, the comptroller shall pay the same by warrant on the

treasurer in favor of such division engineer. But the advances unaccounted for to a division engineer shall, at no time, exceed $5,000, and no money shall be drawn from the treasury to meet the expenses of the engineer department of the canals, other than those pertaining to the office of the state engineer in any other

manner.

855. Accounts of division engineers. Each division engineer shall quarterly, beginning on the first day of each fiscal year, render accounts of his disbursements, with sworn vouchers for the same, to the state engineer, who shall examine, and, if found correct, approve them and forward them with such approval to the comptroller, who shall audit them. If any division engineer omits to render any such account, or his account rendered is not satisfactory, the comptroller shall notify the state engineer and no further advances shall be made to such engineer until he satisfactorily explains to the state engineer his omission to render proper

accounts.

The comptroller shall prepare such blank forms and publish such rules as may be required to facilitate the rendering of such accounts and to insure uniformity therein.

§ 56. Duties of resident engineers. The resident engineers shall, under the immediate direction of the division engineers, survey, lay out, measure and compute the quantities of all work ordered by the canal board or the superintendent of public works, to be surveyed for location, construction or other purposes; assist the division engineer, so far as necessary, in making maps, plans, specifications and estimates; see that the work done upon the several subdivisions is well and faithfully performed by the contractors, and in all respects strictly according to the terms of the contract, and on the completion of the same, accurately ascertain the quantity of the several items of work done and the amount at the contract prices, and present to the superintendent of public works or division engineer a final statement thereof in such form duly verified as shall be prescribed by the comptroller. Each resident engineer shall enter, or cause to be entered, in a book furnished for that purpose by the state engineer, all the fieldnotes and computations of the items of work done in the subdivision under his charge, which such recapitulations, diagrams and other illustrations as may be necessary to render the same intelligible, with a statement of the total quantity of each item of work done, the amount thereof at the contract-price and the aggregate

Appropriation of Lands and Water.

§§ 57-58

amount at contract prices of the work done by each contractor, which entry shall be in due form and properly certified by the several engineers making it, within three months from the time the final statement is prepared; and the books containing such entries shall, within one hundred days after the completion of the work on each subdivision, be properly indexed and filed in the office of the state engineer.

Each resident engineer shall perform such other services as are from time to time required by the state engineer or the division engineer in charge of the subdivision on which he is located. In case of the absence or inability of any division engineer to act, the resident engineer shall discharge the duties of such division engineer so far as they relate to the subdivision assigned to him.

§ 57. Assistant engineers.-The first assistant engineer, when directed by the resident or division engineer, shall lay out and accurately measure and compute the quantities of the several items of work done or to be done in constructing the public works within the limits assigned to them; see that the work is faithfully performed by the contractors and others connected therewith, and in all other respects aid and assist the resident engineers in the discharge of their duties, and perform such other services in the line of their duties as the resident or division engineer may require.

58. Engineer's record of measurements.-Every engineer on whose certificate payments are made for any public work shall enter in a book to be kept for that purpose every measurement made by himself or his assistant, with such explanations in regard to the location of the material, if the same has not been placed in the public work, as will enable his successor to identify and secure the material for the use of the state; and on leaving the public service, such book of measurements shall be deposited with the state engineer.

ARTICLE V.

APPROPRIATION OF LANDS AND WAater.

SECTION 70. Entry upon lands.

71. Permanent appropriation for repairs.

72. Temporary appropriation for repairs.

73. Owners of land entitled to damages.

74. Damages resulting from the erection of dams or the temporary occupation of lands.