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law, who is appointed to manage and conduct the suits at law in which the state is interested. When it is necessary to prosecute persons indebted to the state, it is done by him; and he also causes to be brought to trial persons charged with certain offences. His salary is $1,000; and he is allowed besides, for necessary clerk hire, not more than $600.

§ 15. The surveyor-general superintends the surveying and selling of lands belonging to the state, in the manner required by law, or according to the directions of the commissioners of the land-office. He keeps in his office a map of the state; and he is required, from time to time, to delineate the bounds of all the towns or counties formed or altered by the legislature; and when the bounds of a town are so described that he cannot delineate them on the map of the state; or when there is a dispute between the people of two towns, respecting their bounds, the surveyor-general may order a special survey to be made, to ascertain the bounds of such towns, and to settle such disputes. He accounts to the comptroller for moneys received by him, in behalf of the state, or from the treasury. Salary, $800; extra allowance for clerk hire, not exceeding $550.

§ 16. The secretary of state employs a printer to print the laws distributed by him, which printer must be some person other than the state printer, or printer to the legislature. The other executive officers also employ their own printer or printers, other than printer to the state or printers to the legislature.

17. The state printer is appointed by the legislature for three years. He must be the printer of a newspaper in the city of Albany, which must be published as often, at least, as once a week, and which is called the state paper. In this paper he must forthwith publish every certified copy of a law delivered to him by the secretary of state for that

purpose.

18. When persons intend to apply to the legislature

general? His salary? 15. State the principal duties of the surveyorgeneral. His salary. 16. who employs a printer or printers for the executive officers? 17. By whom is the state printer appointed? For what term? In what does he publish the laws? 18. What cotices must be published in the state paper?

for a law to divide a county, or to incorporate a city, village, or an association; or to lay a tax to make or improve a road or build a bridge, or for any other purpose, in any county where all or any of the inhabitants are to be taxed; the persons so intending, must give notice of their intention to apply for the passage of such law, by advertisement, to be published in the state paper at least six weeks before making the application, and also in a paper printed in the county where the object to be applied for is to be carried into effect. Several other kinds of notices are published in the state paper.

CHAPTER XII.

Of the Funds, Revenue, and other property of the State; and of the general management of them.-General Fund; Canal Fund, and Canals.

§ 1. A fund is a sum of money used in carrying on business of any kind. The money or capital stock which a merchant employs in trade, is a fund. So the money which is raised to pay the officers of the government, and to carry on the business of the state, and such other property as is set apart for this purpose, are called the funds of the state; and the interest of these funds, and all other income to the state, are called the revenue. The state has provided funds for several purposes. One of these funds is called the general fund. There are also a canal fund, a literature fund, and a common school fund.

§ 2. The general fund consists of stock, debts, and other property of the state, together with the revenue and increase thereof; all moneys paid into the treasury for duties on hawkers and pedlers; and the fees of office received by the secretary of state, comptroller and surveyor-general. These officers are paid fixed salaries out of the general fund, and the fees they receive go into this fund and make a part of it. There is this difference between a salary and fees:

1. What is a fund? What are called the funds of the state? The revenue? 2. Of what consists the general fund? What is a salary A

A salary is a fixed sum to be paid to a person for his services by the year; a fee is the sum received for each separate act of service. Thus, a justice charges nine cents for issuing a summons; for an execution, nineteen cents; for administering an oath to a witness, six cents: and what he receives for these several items of service, is called fees.

§3. The fees of the secretary of state consist of what is paid him for recording, for copies of records, for searching records, for giving licenses to pedlers, for certificates, for affixing the seal of office to certain written instruments, and for many other things. The comptroller's fees are received for deeds of lands sold for taxes, for copies of papers, engrossing and other services similar to those performed by the secretary of state. The surveyor-general has fees for filing papers, for drafts, searches, copies of maps and surveys.

84. This part of the business of these officers is done for individuals, who pay the officers the fees established by law, and the officers pay the same to the general fund of the state, and then draw out of the treasury again the amount of their salaries. Out of the general fund of the state are paid the salaries and compensation of the legislative, executive, and the principal judicial officers, employed in the several departments of the government.

§ 5. The canal fund consists of lands granted for the construction of the canals, and of debts due for such portions of these lands as have been sold; the tolls received from the canals; duties on the manufacture of salt; duties on goods sold at auction; money received for the use of the surplus waters of any canal, and for penalties and damages under the canal laws.

§ 6. The canals are made by the state, and are the property of the state. When a canal is to be made, instead of taxing the people for the money to make it, the state borrows the money for a long term of years, depending on the tolls to be collected on the canal after it shall have been finished, for the repayment of the money. The Erie canal was commenced in 1817. The convention that formed the constitu

fee? 3. For what does the secretary of state receive fees? The comptroller? The surveyor-general? 4. What is done with their fees? How are they paid? Who else is paid out of this fund? 5. Of what consists the canal fund? 6. Whose property are the canals? How is the money

tion in 1821, thought it advisable to provide a permanen fund to carry on and complete this great work, and to repay its cost; and provision for this object was accordingly made. (See Cons. art. 7, § 10.)

§ 7. The canal fund is managed by officers called commissioners of the canal fund, who are the lieutenant-governor, the secretary of state, the attorney-general, the surveyorgeneral, the comptroller, and the treasurer. But the care and disposal of the lands belonging to the canal fund, are vested in the commissioners of the land-office.

§ 8. It is the duty of the commissioners of the canal fund to manage all things belonging to that fund to the best advantage; and to report to the legislature, at the opening of every session, the state of the fund, which report shall exhibit a statement of the funds intrusted to their care and manage. ment the preceding year. They must also lay before the legislature a full statement of all the tolls collected upon the canals during the preceding season of navigation, and of the rates of toll on all articles transported on the canals.

§ 9. The general care and superintendence of the canals. is intrusted to a board of officers, five or six in number, ca led canal commissioners, who are appointed by the legislature, and hold their offices during the pleasure of the legislature. These commissioners designate of their number, not exceeding three, to be acting commissioners, each of whom must give a bond in the sum of $20,000, with sureties, for the faithful discharge of their duties and for the faithful accounting of all moneys intrusted to them.

§ 10. It is the duty of the canal commissioners to see that the canals are kept in repair and supplied with water; to keep in repair toll-houses, weighing-scales, and other things purchased or built for the use of the canals; and to make rules and regulations concerning matters in general relating to the navigation of the canals. And when a law

is made authorizing the construction of a new canal, it is the duty of the commissioners to make such canal; and to

obtained to make canals? How is it repaid? How and when was a canal fund permanently provided? 7. By what officers is this fund managed? 8. Mention the duties of these officers. 9. Who have the general care and management of the canals? How are they appointed? What is said of acting commissioners? $ 10. What are the duties of the commissioners?

employ agents, engineers, surveyors and such other persons as are wanted to assist them in the work.

§ 11. There is another board of canal officers, called the canal board. This board consists of both the canal commissioners and commissioners of the canal fund united. This board appoints the superintendents of repairs and the collectors of tolls, fixes the rates of tolls, and prescribes the rules and regulations for their collection.

§ 12. The canal tolls are the taxes paid by the master or owner of a boat, for the use of the canal in transporting goods and other property. The amount of toll paid is rated according to the weight of the goods carried. In order to ascertain how much toll is to be paid, the loading of a boat must be weighed, and the toll is paid on such loading, by the ton. The tolls are received by the collectors, of whom there is one in each of the principal villages on the canal, and at whose offices the commanders of boats passing these offices must stop and pay the tolls, which are rated and charged by the mile, for the distance they are to be carried.

§ 13. All money expended in making, repairing, or improv. ing the canals, and in paying the officers and agents employed on the canals, is paid from the canal fund. The acting canal commissioners receive salaries of $1500 each. The other commissioners receive at the same rate for the time they are employed. The compensation of superintendents, and others, employed on the canals, is fixed by the canal board or by those who appoint or employ them.

CHAPTER XIII.

Common School Fund, and Literature Fund, and their management.

§ 1. No people can be prosperous and happy without learning. In some countries, such as Turkey and some

11. How is the canal board constituted? What are its duties? $ 12. What are the canal tolls? How are they rated? By whom received? 13. For what purposes are canal moneys paid out? What are the salaries of canal commissioners, superintendents, &c.?

1. What is here said to be the advantage of education? $2. Why ought

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