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temporary loans, at a rate of interest not exceeding six per cent. per ART. 1. annum, from corporations or individuals within this state, as may be necessary to discharge such demands; and he shall draw his warrant for the monies so borrowed, in favor of the treasurer, and charge him with the amount thereof.

[1 R. L., 482, § 21 ; ib., 481, § 27 ; L. 1815, 33, § 8; L. 1816, 292, & 35.]

(L. 1835, Chap. 52. SECTION 1. Whenever the condition of the treasury shall render it necessary for the comptroller to borrow money under the authority vested in him by section eleven, title three, chapter eight, of the first part of the Revised Statutes, it shall be lawful for him to issue transferable certificates of stock for the amount borrowed, at an interest not exceeding five per cent. per annum, payable quarterly, and the principal reimbursable at such time or times, not exceeding seven years, as in the opinion of the comptroller the treasury will be in a condition to pay the amount borrowed, from the receipts of auction and salt duties, canal tolls, direct tax, or other revenues of the state, which may hereafter belong to the general fund: and so much of the said revenues as will be sufficient to reimburse the amount to be borrowed for the support of the goveanment, are hereby pledged to that object.) § 12. Such temporary loans shall be paid, as soon as there shall be Tempo

rary loans. sufficient money for that purpose in the treasury; and the comptroller shall report to the legislature, his proceedings in relation to every such loan made by him. (1 R. L., 480, § 21 ; Ib., 481, § 27 ; L. 1815, 33, § 8; L.1816, 292. § 35.)

§ 13. The comptroller shall have power to vote, either in person, To vote for or by proxy, in behalf of the state, at all elections of directors of banks, or other corporations, or joint stock companies, at which this state is entitled to vote. [1 R. L., 476, $ 7.) § 14. He may, from time to time, cause to be published at the May, pub

lish laws. expense of this state, in one or more of the newspapers printed therein, such laws of this state, or extracts therefrom, relating to the (172) payment of monies due to this state, or the duties to be performed by the public officers thereof, as he may deem necessary. (L. of 1817, 300, § 12.] § 15. Whenever the comptroller shall be satisfied that monies Payments

through have been paid into the treasury through niistake, he may draw his warrant therefor on the treasurer, in favor of the person who may have made such payment; but this provision shall not extend to payments on account of taxes, nor to payments on bonds and mortgages. [1 R. L., 477, 13.)

16. All leases, mortgages, bonds, and other securities for money State secugiven to the people of this state, unless otherwise specially directed, rities. shall be deposited and kept in the office of the comptroller. (1 R. L., 477, 9 10.)

§ 17. The certificates for stock of any kind, owned by the people Ib. of this state, shall be deposited, for safe keeping, in such banks as the comptroller may select.

(1 R. L., 477, § 11.] § 18. There shall be a deputy-comptroller, who may perform any Deputy

comptrol of the duties of the comptroller, except the drawing of warrants on fer the treasury, the auditing of public accounts, and the duties of the comptroller as commissioner of the land-office, commissioner of the canal fund, and state canvasser.

[1 R. L., 480, § 23.)

L, 1833, Chap. 56– An act relative to the comptroller's office. [Sections 1, 2, 3, 6 and 7 create and define the duties, etc., of the office of second deputy

comptroller, which was abolished by L. 1877, ch. 27.] Papers. § 4. All papers relating to the canals, whether pertaining exclusively to the duty of the comptroller, or to the duties of the commissioners of the canal fund, or of the canal board, shall be deposited in the comptroller's office.

Copies. $ 5. Copies of all such papers as are mentioned in the preceding section, and extracts from the minutes of the orders and proceedings of the commissioners of the canal fund, and of the canal board, certified by the comptroller, shall, in all cases, be evidence equally, and in the like manner as the originals.

L. 1841, Chap. 274– An act to provide for the payment of certain

expenses of government. [Sections 1 to 5 are omitted as temporary or superseded by subsequent acts. ]

Comptroller allowed certain expenses. $ 6. The reasonable expenses of the comptroller, when necessarily absent on public business appertaining to the duties of his office, shall be paid out of the treasury. [Remainder of the act is omitted as temporary, except $ 23, which relates to the expense of

transporting convicts, and has been superseded by subsequent legislation.]

J. 1843, Chap. 44- An act relating to the transmission of public moneys

to the treasury. Duty of comptroller. SECTION 1. The comptroller is hereby authorized to make such regulations, and give such directions, from time to time, respecting the transmission to the treasury of moneys belonging to the state, from the several county treasurers, and the commissioners for loaning certain moneys of the United States, as he, in his judgment, shall deem most conducive to the interest of the state.

Expenses to be paid. 8 2. The comptroller may, in his discretion, audit, allow and cause to be paid, such or so much of the expenses necessarily incurred under and in consequence of the aforesaid regulations and directions, as he shall deem equitable and just.

L. 1843, Chap. 179- An act to refund moneys paid in certain cases for

taxes. Duty of comptroller. SECTION 1. Whenever it shall appear satisfactorily to the comptroller that the amount of any tax has been paid, and afterwards other money has been paid into the treasury on account of such tax; and in cases where it shall appear that the amount due for any tax has been overpaid, he may draw his warrant on the treasurer for the amount so overpaid, in favor of the person who may have made such payments.

L. 1873, Chap. 120--An act conferring certain additional powers upon

the comptroller, Comptroller may set aside cancellation of sale. SECTION 1. The comptroller of the state of New York shall have the power to set aside any cancellation of sale made by him under the provisions of chapter four hundred and twenty-seven of the laws of eighteen hundred and fifty-five, entitled "An act in relation to the collection of taxes on lands of non-residents, and to provide for the sale of such lands for unpaid taxes,” in either of the following cases: First. Whenever such cancellation was procured by fraud or misrepresentation. Second. Whenever such cancellation was procured by the suppression of any material fact bearing upon the case. Third. Whenever the cancellation was made under a mistake of fact. But the comptroller shall in all cases specify the particular grounds upon which said cancellation is set aside.

104 N. Y., 369.

L. 1878, Chap. 291 – An act to authorize the comptroller to compromise

and settle old judgments and contract debts. Comptroller may compromise old judgments. SECTION 1. The comptroller of this state is hereby authorized and empowered, with the approval of the attorneygeneral, to compromise, compound, settle, discharge and release any judgment or contract debt not in judgment against an individual or corporation, in favor of the state, in cases where more than ten years have now elapsed since the recovery of such judgment or the contraction of such debt, upon such terms as the comptroller and attorney-general may deem best for the interests of the state.

L, 1880, Chap, 100-An act to authorize the state comptroller to issue

revenue bonds in anticipation of the state tax, for expenses of government. Comptroller empowered to issue bonds in anticipation of state tax. SECTION 1. The state comptroller is hereby empowered, from time to time, as may be required, to issue bonds in anticipation of the state tax, authorized to be levied for the current expenses of the government, which bonds shall be made payable on or before the fifteenth day of May next, following date of issue, and draw interest at the lowest rate obtainable by the comptroller.

Proceeds of bonds to be applied to the current expenses of the government. 8 2. The proceeds of the bonds issued in pursuance of section one of this act shall be applied in payment of the current expenses of the government, and to no other object, and so much as is necessary of the taxes in anticipation of which said bonds are issued, when received into the state treasury, shall be applied exclusively to the payment of the principal and interest of said bonds.

Limit of gross amount. § 3. The gross amount of the bonds issued, as hereinbefore provided for, shall at no time exceed fifty per centum of the amount of taxes authorized to be levied and collected for the current expenses of government for the fiscal year in which said bonds are issued, and the comptroller shall include in his annual report to the legislature a detailed statement of all bonds so issued.

L. 1883, Chap. 69- An act to abolish the office of the auditor of the

canal department. Office abolished. SECTION 1. The office of auditor of the canal department is, hereby abolished.

Powers and duties of office to be performed by the comptroller. 82. All the powers and duties heretofore exercised by and enjoined upon the auditor of the canal department shall hereafter be performed by and incumbent upon the comptroller, except that any duty now performed by the auditor of the canal department as clerk or secretary of any existing board shall be performed by the chief clerk of the bureau of canal affairs hereinafter created, and hereafter there shall be established and maintained in the office of said comptroller a bureau to be called the bureau of canal affairs, to which bureau shall be transferred all the books, records, papers, archives and furniture of the present office of the auditor of the canal department, and the comptroller may retain so much of the clerical force now in said office hereby transferred as in his judgment may be necessary, and at such compensation for such services rendered as he may deem just and proper, not exceeding the sum of six thousand dollars.

Repeal. 83. All acts and parts of acts inconsistent with this act are hereby repealed. [The following statutes, relating to the auditor of the canal department, appear more or less

applicable to the comptroller, under L. 1883, ch. 69, § 2. For additional statutes of the same character, see post, ch. 9, tit. 9, relating to the canals, and the titles of particular subjects in the index.]

L. 1848, Chap. 162-An act in relation to the canal department. (Section 1 creates the office of auditor, and abolishes the office of chief clerk of the canali

department.) His powers and duties. § 2. All the powers and duties of the chief clerk of the canal department, and all the powers and duties of the comptroller in relation to the canals, except his powers and duties as commissioner of the canal fund, are hereby transferred to, and vested in the said auditor; and the said auditor shall also be secretary of the commissioners of the canal fund, and of the canal board.

[Section 3 provides for the auditor's official seal.]

Books and papers, where to be deposited. § 4. All books and papers pertaining to the duties of said auditor, or to the duties of the commissioners of the canal fund, or of the canal board, shall be deposited in the canal department, and be securely and safely kept by said auditor.

Copies to be evidence. 85. Copies of books or papers mentioned in the preceding section, and transcripts from the minutes of the proceedings of the commissioners of the canal fund, and of the canal board, certified by the said auditor under his official seal, shall be evidence equally and in like manner as the original.

Auditor to employ and pay clerks. $ 6. The power now given by law to the commissioners of the canal fund to employ and pay the necessary clerks in the canal department, is hereby vested in the said auditor, and the names of the clerks employed, and the sums paid to each, and the length of time he was employed, shall be annually reported by the auditor to the legislature at the commencement of its session.

Auditor to prepare statement of tolls, etc. 87. The statement of the tolls collected upon all the canals of the state during each season of navigation, which by section twenty-seven, of chapter three hundred and twenty, of the laws of eighteen hundred and thirty-one, the commissioners of the canal fund are required to prepare and lay before the legislature, shall be so prepared and laid before the legislature by the said auditor, and in addition to the tolls collected, it shall contain an exhibit of the trade and tonnage of the canals, substantially as the same is given in the report for the year eighteen hundred and forty-seven.

Dues paid into treasury. S 8. Dues to the state which have heretofore been paid to the commissioners of the canal fund, shall on and after the first day of October next be paid into the state treasury.

Balances, how to be credited. 8 9. All balances standing to the credit of the commissioners of the canal fund on the first day of October next, in any depository shall as of that date be transferred by the said commissioners to the credit of the treasurer of the state.

Treasurer, when to transfer deposits. § 10. Whenever directed by the commissioners of the canal fund, the treasurer shall transfer from one depository to another, by a draft to be countersigned and entered by the said auditor, any canal fund moneys standing to his credit, and no such moneys shall be transferred by the treasurer from one depository to another, unless by such direction.

Payments after October 1, 1848. § 11. All moneys now authorized by law to be paid or advanced by the commissioners of the canal fund, and all moneys which shall hereafter be authorized to be paid or advanced from the canal fund, shall on and after the first day of October next, be paid by the treasurer, on the warrant of the said auditor; but no warrant shall be drawn, unless authorized by law, and every warrant shall refer to the law under which it is drawn.

Checks to be countersigned. § 12. The said auditor shall countersign and enter all checks drawn by the treasurer in payment of his warrants and all receipts for canal monies paid to the treasurer, and no such receipts shall be evidence of payment unless so countersigned.

Accounts, how kept. § 13. The accounts of receipts and payments on account of the canals, and the canal fund and debt, heretofore kept by the commissioners of the canal fund, shall, on and after the first day of October next, be kept by the said auditor.

Auditor to make statement at close of fiscal year. $ 14. As soon as possible after the close of each fiscal year, the said auditor shall submit to the commissioners of the canal fund a statement of the receipts and payments on account of the canals and

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