TITLE II. OF THE EXECUTIVE DEPARTMENT. CHAPTER 1. OF THE GOVERNOR. tary. 21. SECTION 55. The governor shall keep his office at the seat of Office of; secregovernment, in which shall be transacted the business of the ex- 10 G. A. ch. 85, ecutive department of the state, and be shall keep a secretary at said office during his absence. kept. SEC. 56. He shall cause a journal to be kept in the executive Journal to be office, in which shall be made an entry of every official act done Same, ? 2. by him at the time when done. If, in cases of emergency, acts are done elsewhere than in such office, an entry thereof shall be made in the journal as soon thereafter as possible. Same, ¿3. SEC. 57. He shall cause a military record to be kept, in which Military record. shall be made an entry of every act done by him as commanderin-chief. criminals. SEC. 58. Whenever the governor is satisfied that the crime of Reward for murder or arson has been committed within the state, and that R. 257. the person charged therewith has not been arrested or has escaped therefrom, he may, in his discretion, offer a reward not exceeding five hundred dollars for the arrest and delivery to the proper authorities of the person so charged, which reward shall be audited upon the certificate of the governor that the same has been earned, and paid by the state. The board of supervisors has no county: Hawk v. Hamilton Co., 48authority to offer a reward for the ar-472. Nor has a city any authority to rest of a criminal, but they may for offer such reward: Hanger v. City of the recovery of funds stolen from the Des Moines, 52–193. SEC. 59. Whenever the governor is satisfied that an action or proceeding has been commenced which may affect the rights or interests of the state, he may employ counsel to protect such rights or interests; and when any civil action or proceeding has been or is about to be commenced by the proper officer in behalf of the state, he may employ additional counsel to assist in the cause. May employ counsel. R. 244. C. '51, 40. R. 45. SEC. 60. Expenses incurred under the preceding section and How paid. in causing the laws to be executed, may be allowed by the gov- c. 51, ¿ 41. ernor and paid from the contingent fund. CHAPTER 2. Office; duties. 59. R. C. '51, 2 43. Commissions R. Report to gen- Library of con- 11 G. A. ch. 81. Record of cities kept. OF THE SECRETARY OF STATE. SECTION 61. The secretary of state shall keep his office at the seat of government and perform all duties which may be required of him by law; he shall have charge of and keep all the acts and resolutions of the territorial legislature, and the general assembly of the state, the enrolled copy of the constitutions of the state, and all bonds, books, records, maps, registers, and papers which now are or may hereafter be deposited to be kept in his office. SEC. 62. All commissions issued by the governor shall be countersigned by the secretary, who shall register each commission in a book to be kept for that purpose, specifying the office, name of officer, date of commission, and tenure of office. SEC. 63. He shall report to the governor, before each regular session of the general assembly, an abstract for each year of the criminal returns received from the clerks of the several district courts, embracing all the facts contained in such returns. SEC. 64. He shall furnish the library of congress two copies of all legislative journals and reports of state officers immediately upon the publication thereof. SEC. 65. The secretary of state shall receive and preserve in and towns to be his office all papers transmitted to him in relation to the incorporation of cities or towns, or the annexation of territory to the same, or the consolidation or the abandonment of municipal corporations, and shall keep an alphabetical list of said cities and towns in a book provided for that purpose, in which shall be entered the name of the town or city, the character of the same, whether town or city, and if a city, whether of first or second class, the county in which situated, and the date of organization. Powers, duties, Keep accounts. Make settlements. CHAPTER 3. OF THE AUDITOR OF STATE. SECTION 66. The auditor shall keep his office at the seat of government. He is the general accountant of the state, and it is his duty: 1. To keep and state all accounts between the state and the United States or any other state, or any public officer of the state, or person indebted to the state or intrusted with the collection, disbursement, or management of funds belonging to the same, when they are payable to or from the state treasury; 2. To settle the accounts of all county treasurers and receiv ers of state revenues payable into the state treasury, for each of their official terms separately; counts of 3. To keep fair, clear, and separate accounts of all the revc- Revenues: ac nues, funds, and incomes of the state payable into the state treasury, and of all disbursements and investments thereof, showing the particulars of the same; public debtors. 4. To settle the accounts of all public debtors for debts due Settle with the state treasury, and to require such persons or their legal representatives who have not accounted, to settle their accounts; the state. 5. To settle all claims against the treasury, and when a claim Claims against is recognized by law for which no appropriation has been made, to give the claimant a certificate thereof and report the same to the general assembly; payments of 6. To direct and superintend the payment of all money pay- Superintend able into the state treasury, and cause to be instituted and prose- money. cuted the proper actions for the recovery of debts and other moneys so payable; fiscal affairs. 7. To superintend the fiscal affairs of the state, and secure Superintend their management as required by law; to furnish proper instruc- 9 G. A ch. 173 tions, directions, and forms to the county auditors and treasurers, 2 8. in compliance with which they shall severally keep their accounts relating to the revenue of the state, and perform the duties of their several offices; also forms for the reports required to be made by said officers to such auditor, and of receipts to be given by such treasurers to the tax payers, and such officers shall conform in all respects to the form and directions thus prescribed; 8. To draw warrants on the treasurer for money directed by law to be paid out of the treasury as the same may become payable. Each warrant shall bear on the face thereof its proper number, date, amount, name of payee, and a reference to the law under which it is drawn, which particulars shall be entered in a book kept for that purpose in the order of issuance; and, as soon as practicable after issuing such warrant, he shall certify the above particulars to the treasurer; The auditor is required to issue treasury to pay them: The State v. warrants without regard to the fact Sherman, 45-415. that there may be no money in the Draw warrants. books, papers 9. To have the custody of all books, papers, records, documents, Custody of vouchers, conveyances, leases, mortgages, bonds and other secur- &c. ities appertaining to the fiscal affairs and property of the state, which are not required to be kept in some other office; 10. To furnish the governor on his requisition, information in Furnish govwriting upon any subject connected with his office. and to suggest ernor to the general assembly, plans for the improvement and manage ment of the public revenue and property; regu ernor inforna 11. To report to the governor before each regular session of Report to geythe general assembly, a complete statement of the revenue, funds, ernor. income, taxable property, and other resources and property of the state, and of the public revenues and expenditures since his last report, up to the first Monday of November preceding each lar session, with a detailed statement of the expenditures to be defrayed from the treasury for the ensuing two years, specifying each object of expenditure, and distinguishing between such as are provided for by appropriations and such as are not, and showing the probable deficiency of any former appropriations; Apportion R. 1967. 9 G. A. ch. 172, 93. 12. He shall, on the first Monday of March and September of school money. each year, apportion the interest of the permanent school fund among the several counties in proportion to the number of persons between five and twenty-one years of age, in each, as shown by the last report filed with him by the superintendent of public instruction. Divide war rants. R. 72. C. '51, 8 51. May require information of property of the SEC. 67. When the amount due from the state to any person exceeds twenty dollars, the auditor shall, if requested, divide the amount into parcels of not less than ten dollars and issue warrants therefor. SEC. 68. The auditor may at any time require any person persons having receiving money, securities, or property belonging to the state, or having the management, disbursement, or other disposition of the same, an account of which is kept in his office, to render statements thereof, and information in reference thereto. Any such person refusing or neglecting to render such statement or information, shall forfeit twenty-five dollars, to be recovered by civil action in the name of the state. Claims against C. '51, 2 53. Neglect to ac- for. Failure to pay: C '51, 2 55. Delense of officer: costs. R. 377. C. '51, 56. Oath of any receiver of public SEC. 69 Every claim against the state shall be presented to the auditor for settlement within two years after it accrues, and if thereafter presented, the same shall not be audited. When a claim is presented, the auditor is authorized to examine the claimant and any other persons, under oath, touching such claim, or cause them to verify the same by affidavit or deposition. SEC. 70. If any officer who is accountable to the treasury for any money or property, neglects to render an account to the auditor within the time prescribed by law, or if no time is so prescribed, then, within twenty days after being required so to do by the auditor, the auditor shall state an account against him from the books of the auditor's office, charging ten per cent. damages on the whole sum appearing due, and interest at the rate of six per cent. per annum on the aggregate from the time when the account should have been rendered; all of which may be recovered by an action brought on such account, or on the official bond of such officer. SEC. 71. If any such officer fails to pay into the treasury the amount received by him within the time prescribed by law, or, having settled with the auditor, fails to pay the amount found due, the auditor shall charge such officer with twenty per cent. damages on the amount due with interest on the aggregate from the time the same became due at the rate of six per cent. per annum, and the whole may be recovered by an action brought on such account, or on the official bond of such officer, and he shall forfeit his commission. SEC. 72. The penal provisions in the two preceding sections are subject to any legal defense which the officer may have against the account as stated by the auditor, but judgment for costs shall be rendered against the officer in the action, whatever be its result, unless he rendered an account within the time named in the two preceding sections. SEC. 73. When a county treasurer or other receiver of public money before money, seeks to obtain credit on the books of the auditor's office credit given. for payment made to the treasurer, before giving such credit the auditor shall require him to take and subscribe an oath that he has R. 79. C. '51, 257. not used, loaned or appropriated any of the public money for his private benefit, nor for the benefit of any other person. count. SEC. 74. In those cases where the auditor is authorized to call Requisition to upon persons or officers for information, or statements, or accounts, officer to ache may issue his requisition therefor in writing to the person or R. 279. officer called upon, allowing reasonable time, which having been C. 51, 58. served as a notice in a civil action by the sheriff of the county in which the person or officer called upon resides, and returned to the auditor with the service endorsed thereon, shall be evidence of the making of the requsition therein expressed. CHAPTER 4. OF THE TREASURER OF STATE. R. 83. SECTION 75. The treasurer shall keep his office at the seat of Office; duties. government, and shall keep an accurate account of the receipts c. 51, 62. and disbursements at the treasury, in books kept for that purpose, in which he shall specify the names of the persons from whom money is received, and on what account, and the time thereof. of warrants. SEC. 76. He shall enter in a book the memorandum of warrants Memorandum issued as certified to him by the auditor, and receive in payment R. 8. of public dues the warrants so issued in conformity with law, and C. '51, § 63. redeem the same if there be money in the treasury not otherwise appropriated; and on receiving any such warrant, shall cause the person presenting it to endorse it, and shall write on the face thereof "redeemed," and enter in the book containing the auditor's memoranda in appropriate columns, the name of the person to whom paid, date of payment and amount of interest paid. R. 385. SEC. 77. When money is paid him the treasurer shall execute Receipts when receipts in duplicate therefor, stating the fund to which it belongs, money is paid. one of which must be delivered to the auditor in order to obtain C. 51 261. the proper credit, and the treasurer must be charged therewith. R. 2 S6. SEC. 78. He shall pay no money from the treasury but upon Pay warrants the warrants of the auditor, and only in the order of their issu- ance: interest ance; or if there is no money in the treasury from which such on warrant can be paid, he shall, upon request of the holder, indorse C. 51, 65, upon the warrant the date of its presentation, and sign it, from 10 G. A. ch. 9. which time the warrant shall bear interest at the rate of six per cent. per annum, until the time directed in the next section. in when not paid: to such. SEC. 79. He shall keep a record of the number and amount of Record of warthe warrants so presented and indorsed for non-payment, and rants kept when there are funds in the treasury for their payment to an publication as amount sufficient to render it advisable, he shall give notice to R. 787. what number of warrants the funds will extend, or the number C. '51, ¿ 66. which he will pay, by three insertions in a newspaper printed at the seat of government; at the expiration of thirty days from the day of the last publication, interest on the warrants so named as being payable, shall cease. |