SEC. 40. Persons claiming benefit of 33d and 39th sections, to produce map and survey. 41. Comptroller may assign mortgages given to state. ART. 3. counts. $33. It shall be the duty of the comptroller, on application to him Separate acfor that purpose, to open accounts in his office against any person, for any part or subdivision of any lot of land purchased from, or mortgaged to the state, for the proportionate part of the monies due to the state on any such part or subdivision, and thereafter to give credit for the payments on the several parts or subdivisions, as the persons making such payments may require.46 ments. $34. The comptroller may pass any prior payments, to the credit Priór payof any part or subdivision, which shall appear by satisfactory proof, to have been originally intended to be paid on such part or subdivision, or by, or for the use of, the person claiming the credit, whether so expressed in the receipts or not; but no part of any such payments shall go to the reduction of the principal due on any such part or subdivision, unless the payments shall exceed the interest, calculated on the principal due, on such part or subdivision, to the day when such part or subdivision is to be paid off, or a new account to be opened therefor.47 $35. Where it appears that separate receipts were given by the Receipts. treasurer, for any payments which may be claimed to be credited to the account of any such part or subdivision, the receipts shall be delivered up to the comptroller, to be filed in his office.47 mortgages. $36. Whenever any mortgage given to the people of this state Discharge of shall be paid, the treasurer's receipt, countersigned by the comptroller, setting forth that the whole sum due on any such mortgage has been paid, shall be a sufficient discharge of such mortgage; and the secretary of state or county clerk, in whose office any such mortgage shall have been registered, shall enter a minute of such payment on the margin of the registry of such mortgage.48 part $37. When any part or subdivision, for which a separate account Discharge of has been opened, shall have been fully paid, the comptroller shall, if age of mortthe same be a part or subdivision of a lot mortgaged to the people of this state, discharge the same from such mortgage; and his certificate shall be sufficient to authorise the secretary of state or county clerk to enter a minute of such payment on the margin of the registry of such mortgage.49 § 38. If the part or subdivision so paid off, be a part or subdivi- I. sion of a lot purchased from, but not granted by the state, then the comptroller shall certify that such part or subdivision has been so paid off.49 (46) 1 R. L. 476, § 4; Laws of 1815, p. 10, § 3. (47) 1 R. L. 476, § 5. (48) Ib. 475, § 2. (49) Ib. § 3 and 4. TITLE 4. $39. The comptroller may also execute the like discharge or certificate, whenever the owner of any such part or subdivision, shall part without have paid into the treasury, the full proportion of principal and interest due thereon, though no separate account shall have been opened therefor. 50 Discharge of separate ac count. plicants. Duties of ap- $40. Every person claiming the benefit of the thirty-third and thirty-ninth sections of this Title, shall produce a map and return of survey of the whole lot, showing particularly the part or subdivision owned by him, and shall also produce satisfactory proof, that the residue of the lot is sufficient security for the sum remaining due there Assignment of mortgages. $ 41. The comptroller may, in his discretion, on the request in writing of the owner or owners of any land mortgaged to the people of this state, who shall then be in the actual possession of such land, assign such mortgage, together with the bond or other collateral instrument accompanying the same, to such person as shall be named by such owner or owners; on payment by such assignee, into the treasury, of the amount of principal and interest due on such mortgage, 51 Duty. Bond. TITLE IV. OF THE TREASURER. SEC. 1. Treasurer to receive monies paid into treasury. 2. To give bond in sum of fifty thousand dollars. 3. Effect of bond." 4. When bond of former treasurer to be given up. 5. No monies to be paid by him, except on warrant of comptroller. 6. Treasurer to report annually to legislature. 7. Monies received by treasurer, where to be deposited. 8. Monies deposited in Manhattan bank in New-York, subject to be drawn for. 9. Disposition to be made of those monies. 10. Treasurer to keep a bank book with such banks. 11. Said banks to transmit monthly accounts to treasurer. 12. Monies to be drawn by checks of treasurer, countersigned by comptroller. 13. Treasurer to exhibit his bank book to comptroller monthly. 14. Treasurer's accounts to be annually closed on the last day of November, and to be examined in December by a committee. 15. Committee to make such examination, and report to the legislature. 16. Committee to compare warrants of comptroller with the laws under which they were drawn. 17. Legislature to supply vacancies in the committee; majority of members may perform duties. 18. Each member to receive three dollars a day. $1. The treasurer shall receive all monies which shall, from time to time, be paid into the treasury of this state. $ 2. The treasurer shall, within ten days after he receives notice of his election, and before he enters upon the execution of his office. give a bond to the people of this state in the sum of fifty thousand (50) 1. R. L. 475, § 3 & 4. (51) Laws of 1822, p. 198, § 1; 1825, p. 441, § 1、 dollars, with not less than four sufficient sureties, to be approved of TITLE 4. by the president of the senate and speaker of the house of assembly, conditioned that he will faithfully execute the duties of his office; which bond shall be deposited in the office of the secretary of state. 52 $3. Such bond shall be deemed to extend to the faithful execution Bond. of the office of treasurer, by the person elected thereto, until a new appointment of treasurer be made, and a new bond given, under such appointment. 52 $4. After such new appointment shall have been made, and such Ib. new bond given, upon the filing in the office of the secretary of state, of a certificate from the committee who shall have examined and settled the accounts of the treasurer of the preceding year, expressing that such accounts are regularly stated and balanced, and that the balance, if any there be, in monies, securities, and other effects, is actually in the treasury, or deposited as by law directed, the bond given by such treasurer and his sureties shall be discharged, and delivered up to be cancelled. 53 $5. The treasurer shall pay all warrants drawn by the comptrol- Payments. ler on the treasury; and no monies shall be paid out of the treasury, except on the warrant of the comptroller. 54 port. $6. The treasurer shall exhibit to the legislature, at its annual Annual re meeting, an exact statement of the balance in the treasury to the credit of the people of this state; with a summary of the receipts and payments of the treasury during the preceding year. 55 $7. The treasurer shall deposit all monies that shall come to his Deposits. hands on account of this state, except such as belong to the canal fund, within three days after receiving the same, in such bank or banks in the city of Albany, as in the opinion of the comptroller and treasurer, shall be secure, and pay the highest rate of interest to the state for such deposit. 58. All monies directed by law to be deposited in the Manhattan Ib. bank, in the city of New-York, to the credit of the treasurer, shall remain in said bank, subject to be drawn for as the same may be required. $9. The comptroller may transfer the deposits in the Manhattan Ib. bank from time to time to the bank or banks in the city of Albany, in which the monies belonging to this state shall be deposited, pursuant to the foregoing seventh section of this Title, so often as it will be for the interest of the state to transfer such deposits; but the comptroller may continue such deposits in the Manhattan bank, if the said bank shall pay a rate of interest to the state for such deposits, equal (52) 1 R. L. 472, § 1. (53) Ib. § 6. (54) Ib. 477, § 9. (55) Ib. 473, § 5. 23 TITLE 4. Bank ac counts. Monthly statements. Checks. Bank book to be exhibit ed. Accounts when closed ed. to that paid by the bank or banks in Albany, in which the state deposits shall be made. $10. The monies so deposited shall be placed to the account of the treasurer; and he shall keep a bank book, in which shall be entered his account of deposits in, and monies drawn from, the banks in which such deposits shall be made. 56 $ 11. The said banks shall respectively transmit to the comptroller, monthly statements of the monies which shall be received and paid by them on account of the treasury.5 57 $ 12. The treasurer shall not draw any monies from such banks, unless by checks subscribed by him as treasurer, and countersigned by the comptroller; and no monies shall be paid by either of the said banks, on account of the treasury, except upon such checks. 58 $ 13. The treasurer shall exhibit his bank book to the comptroller for his inspection, on the first Tuesday in every month, and oftener, if required. 58 $ 14. The accounts of the treasury shall be annually closed on the and examin- last day of November, and shall be examined in the month of December, in each year, by a committee of not less than three nor more than five persons, to be appointed by concurrent resolutions of the two houses of the legislature, at the session previous to the month of December in each year. 59 Duty of exa amining com mittee. Ib. S 15. Such committee shall examine the accounts and vouchers relating to all monies received into and paid out of the treasury, during the year ending on the last day of November preceding such examination; and shall certify and report to the legislature at its next session, the amount of monies received into the treasury during such year; the amount of monies paid out of it during the same period by virtue of warrants drawn on the treasury by the comptroller; the amount of monies received by the treasurer who shall be in office at the time of such examination, when he entered on the execution of the duties of his office; and the balance in the treasury on the last day of November preceding such examination. 59 S16. Such committee shall also compare the warrants drawn by the comptroller on the treasury, during the year ending on the said last day of November preceding, with the several laws under which the same shall purport to have been drawn, and shall in like manner certify and report whether the comptroller had power to draw such warrants; and if any shall be found, which in their opinion he had no power to draw, they shall specify the same in their report, with their reasons for such opinion. (56) 1 R. L. 473, § 3. (57) Laws of 1821, p. 162, § 2. (58) Lb.; 1 R. L. 473, § 3.— (59) Concurrent resolutions of March 31, 1798, & Feb'y 23, 1810; Laws of 1821, p. 162. $17. The major part of the members of such committee may per- TITLE 5. form all the duties required by law of such committee. Ib. tion. 18. Each member of such committee shall receive a compensa- Compensa tion of three dollars, for every day during which he shall be employed in the execution of the duties enjoined in the foregoing sections, to be paid out of the treasury. TITLE V. OF THE ATTORNEY-GENERAL. Sec. 1. To defend and prosecute all suits in which state is interested. 2. To receive all costs adjudged to state in any action, and to pay sheriff fees, &c. 4. To prepare drafts for comptroller or surveyor-general. 5. When required by governor or a judge of supreme court, he shall attend courts of 6. When he so attends, to be reasonably paid out of treasury. 7. When to prosecute at request of governor, secretary of state, &c. 8. To attend trial of indictments for eorrupting or attempting to corrupt members of legislature, &c. 9. To attend trial of indictments under laws against duelling. 10. Actions of ejectment to be prosecuted in supreme court. No such suit to be commenced for benefit of individual, without consent of attorney-general. 11. No such consent to be given, unless individual files security for costs. 12. Defendant in any ejectment in which people are interested, to recover costs. 13. Where one person is indebted to state on different mortgages, &c. but one suit to be commenced. 14. When separate suits are instituted, attorney-general to consolidate them if request ed. 15. Debts, &c. received by attorney-general, to be paid into treasury. 16. Attorney-general not to act as attorney in private suits, unless the people are inte rested. 17. To keep register of suits, &c. 1. It shall be the duty of the attorney-general to prosecute and General duty. defend all actions, in the event of which, the people of this state shall be interested.60 fees. § 2. In all actions prosecuted or defended by him, in which costs costs and are adjudged to the people of this state, or to any person in whose name such action shall be prosecuted or defended for their benefit, the attorney-general shall be entitled to such costs; and he shall pay the taxable fees of sheriffs, clerks, and witnesses, in all such actions.61 treasury. § 3. Whenever any such taxable fees so paid by the attorney-ge- When to be neral, can not be collected by him of the opposing party, the amount out of so paid shall be audited by the comptroller, and paid to the attorneygeneral out of the treasury; and if such fees are subsequently collected of the opposing party, they shall be paid into the treasury.61 To prepare $ 4. The attorney-general, whenever requested by the comptroller or the surveyor-general, shall prepare proper drafts for contracts, ob- drafts. (60) 1 R. L. 156, § 3; 347, § 22. (61) Ib. § 23. |