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the canal debt, and the balances of the funds on hand, the depositories of the same, and the conditions thereof; which statement shall accompany the annual report the said commissioners to the legislature,

Provision in case of sickness or absence. g 15. In case of the absence or sickness of the said auditor, he may designate one of his clerks as acting auditor, who may perform any of his duties, except the drawing of warrants on the treasury, and the auditing of accounts.

L. 1857, Chap. 783– An act in relation to the auditor of the canal

department.

{Section 1 relates to the appointment of the auditor, his term of office, and salary.]
Section 2 provides for his suspension form office for misconduct.]
[Section 3 relates to the contracting board, which was abolished by L. 1870, ch. 55.]

Auditor to sign certificate of stock. $ 4. All certificates of stock hereafter issued by or under the direction of the commissioners of the canal fund and purporting to be issued from the canal department, shall be signed by the auditor of the canal department, instead of the comptroller, and be sealed with the seal of the canal department instead of the seal of the comptroller.

Repeal. 85. All laws and parts of laws, so far as the same may be in conflict with the provisions of this act, are hereby repealed.

L. 1861, Chap. 177 – An act in relation to the auditor of the canal de

partment. Auditor to pay moneys into the treasury, etc. SECTION 1. It shall be the duty of the auditor of the canal department to pay into the treasury, all moneys now held by him in trust for the people of this state, and the several contractors for repairs on the canals of this state, to whom repair contracts have been awarded by the contracting board, and shall also pay into the treasury all such' moneys as may hereafter come into his hands to be held as security for the performance

by a contractor of a repair contract, and the moneys so paid into the treasury shall be kept separate and apart from other moneys and funds belonging to this state, and shall be known and denominated as the "repair trust fund."

Moneys to be invested by commissioners of canal fund. & 2. The moneys so paid into the treasury by the said auditor, shall be invested, and the interest on such investments shall also be invested by the commissioners of the canal fund, in the same manner as now provided by law in respect to the surplus revenues of the canal fund, but the sum of money deposited by each contractor with the auditor and paid into the treasury, shall be invested separately from the moneys deposited by other contractors, so as that the same may be distinctly known and appear on the books of the canal department, and in the proceedings of the commissioners of the canal fund.

When contractors fail to perform their contract. § 3. Whenever any contractor or contractors or his or their assignee or assignees fail to perform his or their contract, and the same shall be declared forfeited or abandoned, the moneys so deposited by such defaulting contractor or contractors or his or their assignee or assignees with accumulations thereon shall be transferred from the said trust fund to the canal fund and thereafter held as a part of that fund; and whenever any contract, for the performance of which any deposit has been or is made as security, shall be fully executed and performed, the sum or sums so deposited with the accumulations thereon shall be repaid to such depositor on the warrant of the auditor, on the production to him of the draft of the canal commissioner in charge of the section or work under contract.

[Section 4 relates to the auditor's term of office and salary.)

Deputy auditor. $5. The said auditor may designate one of his clerks as deputy auditor, who, in case of the sickness or absence of said auditor, may perform any of his duties, except such duties as pertain to the contracting board, the drawing of warrants on the treasury, the auditing of accounts and the transferring of canal fund moneys from one depository to another.

Compensation of clerks in canal department. $ 6. The said auditor is hereby authorized to allow and pay the sum of eight hundred dollars annually, or so much thereof as he may deem necessary beyond the sums now limited by law, as a compensation to the clerks employed by him in the canal department, but the whole sum paid for clerk hire, in the department, in any one year shall not exceed eight thousand dollars.

Annual report. § 7. The annual report and statement required by the fourteenth section of the act, chapter one hundred and sixty-two of the laws of eighteen hundred and forty-eight, to be made by the auditor to the commissioners of the canal fnnd, shall hereafter be made to the legislature, and shall embrace all the particulars heretofore required in the annual report of the commissioners of the canal fund.

Repeal. 88. All acts and parts of acts, inconsistent with the provisions of this act, are hereby repealed.

L. 1872, Chap. 115 - An act to supply the deficiency in the appropriation, etc.,

* and to regulate the manner of drawing warrants by the auditor of the canal department upon the treasurer. [All temporary except § 4.]

All warrants drawn by auditor to specify the chapter and date of passage of law, etc. § 4. Hereafter each warrant that may be drawn by the auditor of the canal department upon the treasurer for the payment of any moneys heretofore or hereafter appropriated by law, shall particularly specify the chapter and date of the passage of such law, and when more than one item of appropriation is contained in any such law, then the said warrant shall also specifically state the item of appropriation out of the sum of which the amount of such warrant shall be paid.

TITLE 3.

ARTICLE SECOND.

OF PROCEEDINGS AGAINST PERSONS ACCOUNTABLE FOR PUBLIC MONIES.
Sec. 19. Comptroller may issue a notification to any person receiving and not account-

ing for public monies.
20. The requirements of such notification.
21. To be served by sheriff of county in which person, to whom it is directed,

resides. 22. Return of it to comptroller's office, verified by the sheriff, evidence of the

proceedings. 23. If party fails to account within the time mentioned in notification, copy of

account to be given to attorney-general for prosecution. 24. Such copy of account, certified by comptroller, sufficient evidence to support

action for balance therein stated. 25. Defendant to pay costs, unless sued in a representative character. 26. When accounts are rendered, comptroller to examine, and, if regular, to set

tle them. 27. When settled, comptroller to send copy to party. 28. Certified copy of account, sufficient evidence to support action for balance

therein stated. 29. If, upon the trial, the defendant shall give any other evidence than was

adduced to the comptroller, he shall pay costs. 30. Where a number of persons receive monies, comptroller may settle their

accounts separately. 31. If any.one of them be sued, he cannot plead in abatement his connection

with others. 32. Nothing in this article to impair any other remedy that might be used inde

pendent of it.

Notifica tion,

(178)

Ib.

How served.

§ 19. Whenever the comptroller shall deem it expedient, he shall issue a notification, in the name of the people of this state, to any person who shall have received monies belonging to the state, for which he shall not have accounted. In case of the death of such person, the notification shall be directed to his legal representatives [1 R. L., 478, §§ 15 and 16 )

§ 20. Such notification shall require, that within a limited period, not less than sixty nor more than ninety days from the date thereof, all the accounts and vouchers for the expenditure of such monies, shall be rendered to the comptroller. [1 R. L., 478, $$ 15 and 16.)

$ 21. Such notification shall be served by the sheriff of the county where the person, to whom the same shall be directed, shall reside, by delivering a copy thereof to him, or by leaving such copy at his usual place of abode, at least forty days before the time limited in the notification for rendering such accounts and vouchers. [1 R. L., 478, $15 and 16.]

§ 22. The return of such notification to the comptroller's office, with the certificate of the sheriff indorsed thereon, that the service has been made by delivering a copy of the notification to such person, or by leaving such copy at his usual place of abode, shall be conclusive evidence of the proceedings. [1 R. L., 478, 89 15 and 16.]

§ 23. In case the party shall fail to render such accounts and vouchers, within the time limited in such notification, the comptroller shall state an account against him, charging interest at the rate of seven per cent. per annum, from the time the notification was

Evidence of service.

Proceed. ings if no account rendered.

ings if no

rendered.

served, and shall deliver a copy of such account to the attorney- ART. 2. general for prosecution. (1 R. L., 478, 19.)

§ 24. Such copy, certified by the comptroller, shall be sufficient Proceedevidence to support an action for the balance therein stated, subject account

rendered. to the right of the defendant to plead and give, in evidence, all such matters as shall be legal and proper for his defence or discharge. [1 R. L., 478, 19.)

§ 25. The party so sued, shall be subject to the costs and charges Ib. of suit, whether the ultimate decision be against him, or in his favor, unless sued as the representative of the original party. (1 R. L., 478, 19.]

§ 26. Whenever accounts and vouchers are rendered within the Proceed. time limited in a notification, or without any notification being issued, count be the comptroller shall proceed immediately to examine the same, and if such accounts and vouchers are regular and sufficient, shall liquidate and settle them; but if any of the necessary vouchers are wanting, or are, in his opinion, insufficient, he shall give notice to the party, and require him to supply such defect, within the period of not less than sixty, nor more than ninety days; and at the expiration of the time limited, the comptroller shall liquidate and settle such accounts, upon the vouchers and proofs which shall have been delivered to him. [1 R. L., 478, § 17.] § 27. When the comptroller shall have settled any such account,

(174) he shall transmit a copy of the account, as settled by him, to the ings when party; and if any balance is certified to be due to the state, and the settled. same shall not be paid to the treasurer within ninety days thereafter, the comptroller shall deliver a copy of such account to the attorneygeneral, for prosecution. [1 R. L., 478, § 17.)

§ 28. Such copy, certified by the comptroller, shall be sufficient Ib. evidence to support an action for the balance therein stated, subject to the right of the defendant, to plead and give in evidence all such matters as shall be legal and proper for his defence or discharge. [1 R. L., 478, § 17.)

§ 29. If any such defendant shall, upon the trial in any such action, Ib. give any evidence other than such as was produced to the comptroller, such defendant shall be subject to the costs and charges of such suit, whether the ultimate decision shall be against him, or in his favor. [1 R L., 478, 9 17.)

§ 30. Where any number of persons shall have received any monies Joint for which they are accountable to the state, the comptroller may, in his discretion, settle the accounts of any one or more of them, separately. [1 R. L., 478, 18.)

§ 31. In such case, no person shall be allowed to plead in abate- Ib. ment, to any suit to be brought for any balance which shall be certified to be due from him or them, or to give in evidence upon the

Proceed.

accounts,

TITLE 3. trial thereof, that any other person was concerned with him or them,

in the receipt or expenditure of the said monies.

[1 R. L., 478, § 18 ] Proviso. $ 32. Nothing in this article contained shall be construed to

impair any legal remedy which might be used, if this article was not
in force, for the recovery of any debt due or to become due to the
people of this state.
[1 R. L., 478, § 22.]

ARTICLE THIRD.
OF THE SETTLEMENT OF ACCOUNTS FOR LANDS PURCHASED FROM, OR MORTGAGED TO,

THE. PEOPLE OF THIS STATE,
SEC. 33. Comptroller to open accounts against persons for a subdivision of lot pur-

chased from or mortgaged to the state.
34. To apply prior payments to the credit of the part to which they were

intended to be applied. 35. Where separate receipts were given by treasurer for payments made on

such part, such receipts to be delivered to comptroller. 36. When a mortgage given to the state is paid, treasurer's receipt to be a

sufficient discharge. 37. When part of a lot mortgaged to state is paid off, comptroller shall discharge

the same. 38. If it be part of lot purchased from the state but not conveyed, comptroller

to certify that it has been paid off. 39. Although no separate account is opened, comptroller to execute discharge

when principal and interest on subdivision is paid. (175)

40. Persons claiming benefit of 33d and 39th sections, to produce map and

survey.

41. Comptroller may assign mortgages given to state. Separate $ 33. It shall be the duty of the comptroller, on application to accounts.

him for 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.

[1 R. L., 476, § 4 ; L. 1815, 10, § 3.] Prior pay.

§ 34. The comptroller may pass any prior payments, to the credit ments.

of 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.

[1 R. L., 476, § 5.) Receipts. §. 35. Where it appears that separate receipts were given by the

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,

[1 R. L., 476, § 5.) Discharge

§ 36. Whenever any mortgage given to the people of this state of mort. gages. shall be paid, the treasurer's receipt, countersigned by the comp

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