estimated. In all such cases the commissioners, under the direction of the comptroller, shall sue for and collect any deficiency from any person liable to pay the same, and such sale and the purchase of the lands by the people shall not be a defense to the action or any part thereof. The commissioners shall be allowed by the comptroller the taxable costs and disbursements incurred in any action or proceeding for the foreclosure of any such mortgage, when the real property is bid in or conveyed to the state under this section, and any reasonable expenses incurred by them in such action to be fixed and approved by the comptroller; and any recovery which may be had against them in an action or proceeding where the comptroller is satisfied that such recovery was not had in consequenee of any default or misconduct on their part, with their costs and expenses in such action or proceeding; and the amount of such costs, disbursements and expenses, when so fixed and approved, may be retained out of any moneys in the hands of the commissioners received by them under this article, or may be paid by the comptroller out of the revenues of the United States deposit fund. No commissioners shall be directly or indirectly interested in the purchase of any mortgaged premises; if so interested such sale shall be void. § 92. Report to comptroller.-Such commissioners, annually, on the first Tuesday of January, shall make a report to the comptroller, showing all their transactions under this article to the close of the calendar a year then ending. Such report shall contain: 1. A statement of the mortgages outstanding in the county, in numerical order, with the number of each mortgage, the names of the mortgagors, the dates of the mortgages, the amount paid thereon, both principal and interest, the amount of property on which each is a lien and the estimated cash market value of such property. 2. The amount of interest received during such year, from whom received and on what mortgages, the names of the mortgagors and the number of each mortgage. 3. The amount of principal received during such year, from whom received, and on what mortgage, giving the name of the mortgagor and the number of each mortgage. 4. The amount retained for compensation. 5. A statement of all moneys retained for the costs, disbursements and expenses of foreclosures. 6. All other matters deemed material for the information of the comptroller, or required by him. The comptroller may prescribe the form of such report, and may require a special report to be made at any time in regard to any matter under this article. At any time within one year from the rendition of such report, the comptroller, if dissatisfied with the same, may audit and adjust the account of any such commissioner for the moneys received, paid out or retained by him under this article, and fix and determine the amount due the state on account thereof, and make a certificate to that effect, which shall be presumptive evidence of the amount due the state in any action or proceeding against such commissioner or the sureties. on his undertaking. § 93. Certified copy of original mortgage.-On the application of any person interested, the comptroller shall furnish a certified copy of any original mortgage which has been delivered to him pursuant to law, and the same may be recorded in the office of the clerk of the county where the mortgaged premises are situated. 94. Fees of loan commissioners.-The loan commissioners in each county may retain annually, as full compensation for their services under this article, three-fourths of one per centum on twenty-five thousand dollars or a less sum, committed to their charge during the preceding year, and one-half of one per centum on all sums over twenty-five thousand dollars, unless the whole amount exceeds fifty thousand dollars, in which case they may retain but one-half of one per centum on the whole sum; and in the city and county of New York, where they may retain but one-fourth of one per centum on the amount in excess of fifty thousand dollars, which compensation shall be retained out of the interest moneys collected and received. 895. Powers and duties of boards of supervisors as to loan mortgages.-The loan commissioners in each county shall exhibit to the board of supervisors thereof at its annual meeting, all mortgages in their charge, together with their books of accounts, minutes and vouchers, so that such board of supervisors may ascertain whether the moneys committed to the charge of such commissioners are still outstanding as satisfactory loans, and that the money collected either as principal, interest or rent on property owned by the state has been paid by them into the state treasury, according to law. Such board of supervisors shall at its annual meeting, examine all such mortgages, books of accounts, minutes and vouchers, and shall give to such commissioners such directions as to taking additional security from the borrowers as the said board of supervisors shall deem proper and necessary. Such board shall certify to the comptroller as to the sufficiency of the securities for the money loaned, and as to whether or not the moneys collected by such commissioners on account of the principal or interest of such mortgages and the rent on property owned by the state has been paid into the state treasury, and as to what directions they have given to such commissioners as to taking additional security. If it shall appear to the comptroller from any such certificate that the moneys in the charge of such commissioners, or any part thereof, are not on loan or have not been paid by the state treasurer as required by law, he shall cause an action to be brought upon the bonds of the commissioners found to be in default. He shall also report to the governor the names of such commissioners who are in default. § 96. Payment to Cornell university on account of the college land scrip fund.--The acceptance by this state of the provisions of an act of the congress of the United States, approved July second, eighteen hundred and sixty-two, entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and mechanic arts," and which acceptance is contained in chapter twenty of the laws of eighteen hundred and sixty-three, is continued in force, notwithstanding the repeal thereof by this chapter. The money raised under chapter seventy-eight of the laws of eighteen hundred and ninety-five, by the sale or conversion into cash of the securities in which were invested the proceeds of the sales of lands and land scrip, formerly constituting the college land scrip fund, together with the money paid into the state treasury from the sale of lands or land scrip belonging to such fund, is held by the state as a part of the general fund for the benefit and use of Cornell university. Five per centum of the amount of the proceeds so transferred to the general fund shall annually be paid to the Cornell university, pursuant to a certificate issued by the comptroller to such university, by virtue of chapter seventy-eight of the laws of eighteen hundred and ninety-five, which certificate is hereby ratified and confirmed. and location thereof the written consent of the superintendent of public works or of a superintendent of repairs upon that line of the canal which is intersected by the road or highway of which the bridge is to be a part. Every person undertaking to construct or locate any such bridge without such consent and placing any materials for that purpose upon either bank of the canal or upon the bottom thereof, shall forfeit to the state the sum of fifty dollars, and the superintendent of public works or any assistant superintendent, superintendent of repairs or engineer may remove all such materials as soon as they are discovered, wholly without the banks of the canal. § 116. Restriction on the construction of farm and road bridges. A person shall not be entitled to demand a farm bridge across a canal or feeder where the necessity or convenience of such bridge shall have arisen from the division or acquisition of property subsequent to the location of such canal or feeder. A street or road bridge shall not be constructed by the superintendent of public works over a canal or feeder, except upon such streets or roads as were laid out, worked or used previously to the construction of the canal or feeder by which such street or road was or is obstructed; and when bridges are constructed or reconstructed upon any such streets or roads, the cost to the state shall in no case be more than is required to preserve in a safe and substantial manner the continuity of such streets or roads so as not to unnecessarily impair their usefulness. When a bridge of a more costly nature is desired by the local authorities of a city, town, or village within whose corporate limits a bridge is to be built or rebuilt, the superintendent of public works, on presentation to him by such local authorities of plans and specifications for such bridge, approved by the state engineer, shall estimate and determine the proportion of the cost, which, in order to preserve the continuity of such streets and roads, the state ought equitably to pay, and file such estimate and determination in his office and a duplicate thereof in the office of the clerk of such city, town or village, and no more than such proportion of the cost shall be appropriated by the legislature for such purpose, and then only on condition that such city, town or village shall pay the remainder of such cost. If a private road or public highway is laid out by legal authority in such direction as to require the erection of a new bridge over a canal for the accommo dation of the road, such bridge shall be so constructed and forever maintained at the expense of the town or city in which it shall be situated. § 117. Construction of bridges by municipal corporations.— A town, village or city upon the line of any canal, at its own cost and expense, with the consent and under the direction of the superintendent of public works, may erect and maintain at any point within its limits, where a bridge is not maintained by the state, such bridge across such canal, of such kind, dimensions and materials, and with such approaches as such superintendent approves, at the proper cost and expense of such town, village or city, at any point where there is not now a bridge built and maintained by the state. If such bridge shall be a hoist, lift or swing-bridge, and requires the constant attendance of bridge tenders to manage and work it, the superintendent may appoint and remove such bridge tenders as he deems necessary, and the expenses and wages thereof shall be paid to the superintendent by such town or village when he may require it, to be paid by him to such bridge tenders, and all the cost of material, power or tools necessary for the tending of such bridge shall be paid for by such town or village on demand therefor by the superintendent. § 118. Construction of lift, hoist or swing-bridge by city. -The common council of any city may provide by ordinance for the erection of a lift, hoist or swing-bridge over a canal at any street in such city, and, if the superintendent of public works consents to such erection, in writing, filed with the clerk of such common council, may levy and assess the cost of the construction of such bridge on the property benefited thereby. Such bridge shall be built, operated and maintained under the supervision and control of such superintendent, but at the expense of such city or of the property adjudged by the common council thereof to be so benefited. ARTICLE VIII. CONTRACTS. SECTION 130. Restrictions on power to contract. 133. Indemnity clause in contracts. |