of the county clerk of the county in which said premises or any part thereof are situated. Such service shall be made by delivering a copy of such advertisement personally to the person to be served or by leaving a copy of said advertisement at the dwelling house of the person to be served, in charge of some person then residing therein, who shall have attained the age of twentyone years, or by enclosing and sealing the copy of such advertisement in an envelope and plainly addressing the said envelope, on the outside thereof, to the person to be served, by his name, as the same appears on said records, at the post office nearest to his last known place of residence, and by depositing the same so enclosed and sealed in the said envelope, in the post office nearest the residence of the commissioner or commissioners making such service, and by prepaying the postage thereon; and when the service is made personally or by leaving at the dwellinghouse as aforesaid, the same shall be made at least fourteen days before the day of sale in such advertisement mentioned; and when the service is by depositing in the post office as aforesaid the same shall be made at least twenty-eight days before the days of sale mentioned in the said advertisement. The said commissioners of the respective counties aforesaid shall, on the first Tuesday of February, yearly, expose the lands described in the mortgages foreclosed, as aforesaid to sale at public vendue, and upon such sale they shall convey the said lands to the highest bidder or bidders; and they shall also deliver to such bidder or bidders affidavits of the publication, fixing up and service of the said advertisement; and the purchaser or purchasers thereof shall, if the said advertisement shall have been published and fixed and served, as herein required, hold and enjoy such estate in the said lands as was conveyed to the said commissioners by the said mortgages, clearly and absolutely discharged of and from all benefit and equity of redemption, and all other liens or incumbrances made or suffered after the execution of such mortgage by the mortgagor, his heirs or assigns, and such purchaser or purchasers shall pay the commissioners for drawing and executing such conveyance, the sum of one dollar, and said affidavit of the publication of said advertisement shall be made by the publisher of the newspaper in which the same was inserted, or by his principal clerk, or by his foreman; and the said affidavit of such service of such advertisement and of the fixing up of the same, shall be made by any person who made the service or who

intendent the occupation and use of such work may cease to be advantageous to the state.

5. A duplicate of such conveyance under the hand and seal of the purchaser shall be executed and delivered by him to the su perintendent of public works, who shall, without delay, procure the same to be recorded in the clerk's office of the county in which the privilege sold is situated and transmitted to the commissioners of the canal fund.

6. All the expenses attending the execution of the conveyance and the recording thereof shall be paid by the purchaser.

§ 96. Right of purchaser on partial resumption. If there is a partial resumption only of the waters so sold, the purchaser may use the remaining water privileges for the remainder of his term on the payment of a reduced rent to be fixed by the canal board. If he refuses to accept the remaining privileges at the reduced rent, they shall be sold by the superintendent of public works under the direction of the canal board.

$97. Erection of walls; prohibition of waste gates.-Where waters are taken from any canal or work connected therewith for hydraulic purposes, the superintendent of public works shall construct a permanent wall or erection of stone laid in mortar and cemented, of sufficient thickness to insure the safety of the canal, not less than six inches lower than the top water line of the canal.

No waste gate, sluice, slide, water-gate or other passage shall be made in connection with any wall or erection over which water is to be drawn in such manner that the same can be opened, or that water can be drawn by, through or under the same, to the use of any mill or machinery, using water from the canal.

This section does not apply to Black Rock, the mouth of Tonawanda creek, the locks at Lockport or any place where such waters are taken from a dam across a stream used as a feeder or from a feeder not navigable.

§ 98. Discharge of water.--Every owner of any water privilege upon a canal shall discharge the waters owned by him at such place or places as the superintendent directs.

$99. Discharge of surplus waters on Rome level. The surplus waters in the western portion of the Rome level of the Erie canal shall at all times be discharged through the culverts of the locks at the western end of the level, so far as the capacity of such culverts permits, and in no case shall any such surplus waters be

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.

894. 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.

$95. 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.