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REPORT, &c.

COMPTROLLER'S OFFICE,
Albany, January 23, 1833.

The Comptroller, to whom was referred by the Assembly, the petition of David Clancy,

RESPECTFULLY REPORTS:

That the facts in relation to his claim, are truly stated in the petition. At the sale of lands for taxes in 1830, thirty acres of the northwesterly part of lot No. 119, in Klock and Nellis' patent, in the county of Montgomery, were sold for arrears of the taxes of 1822, '23, '24, '25 and '26, to Jesse Buel for $21.93, being the sum charged upon the said lot.

On the 17th of April, 1832, and before the expiration of the time of redemption, the petitioner, as is shown by the receipt of the treasurer, annexed to his petition, paid into the treasury the sum required for the redemption of said lot, being $26.20, but neglected to have the receipt entered and countersigned by the Comptroller.

The lot having been sold by the Comptroller for the taxes due, and that sum, $21.93 having been paid into the treasury by the purchaser, it is obvious that the State has twice received the money for the charges upon this lot; once by the sale and again by the redemption.

The purchaser, Jesse Buel, is now entitled to a deed from the Comptroller, of lot No. 119, and the petitioner must lose his lot or make terms with the purchaser. It seems therefore to be reasonable and equitable, that the over payment of $26.20 for the redemption which has proved unavailable to Mr. Clancy, should be refunded to him out of the state treasury.

All of which is respectfully submitted.

A. C. FLAGG.

IN ASSEMBLY,

January 24, 1833.

OPINION

Of the Attorney-General, concerning lands belonging to the Common School fund, at Fort-Coving

ton.

Albany, January 24, 1833.

TO THE SPEaker of the Assembly:

SIR,

I submit herewith, in pursuance of a resolution of the Assembly, an opinion concerning the lands belonging to the Common School fund, at Fort-Covington.

I am, very respectfully,

Your ob. servant,

GREENE C. BRONSON.

[Assem. No. 41.]

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