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L. 1839, Chap. 23-An act providing for the settlement of the accounts of

the treasurer of this state.

Committee how to be appointed. SECTION 1. Whenever any treasurer of this state shall die or resign during the year for which he was elected, or shall be succeeded at the expiration of his term by another person, duly elected to the same office, there may be appointed by concurrent resolution of the senate and assembly, a committee of three persons, one senator and two members of assembly, by the respective houses, to examine the accounts of such treasurer.

[Sec. 2 is omitted as temporary.]

Committee how to be governed. 83. The committees under this act shall be governed in their examination, certificate and report, by the provisions of title fourth, chapter eighth of the first part of the Revised Statutes; and their certificate shall have the same effect as that of a committee on the treasurer's accounts under the said title. [See L. 1841, ch. 218, post, repealing the provisions of title 4, referred to in the foregoing

section.]

L. 1841, Chap. 218 - An act relating to the examination of the treasurer's

accounts, and the canal and banking departments.

Canal department. SECTION 1. All business relating to the canals of this state, and improvements connected therewith required to be performed by the commissioners of the canal fund, the canal board and the comptroller, shall be transacted in rooms appropriated for that purpose in the state-hall to be denominated the canal department, and the chief clerk now authorized to be appointed by the commissioners of the canal fund, pursuant to the act passed May 13, 1840, shall be known and recognized in law as chief clerk of said department.

Treasurer's accounts when to be closed and examined annually. 82. The accounts of the treasury shall be annually closed on the thirtieth day of September, and shall be examined during the months of October, November and December in each year by a joint committee consisting of one member of the senate and two of the assembly, to be appointed by ballot under concurrent resolution of the two houses of the legislature at the session previous to said time of examination in each year; the said committee shall during the same time examine into the condition of the banking department, pursuant to the act passed May 14, 1840.

Duty of committee to examine treasurer's accounts. 3. Such committee shall examine the accounts and vouchers relating to all moneys received into and paid out of the treasury, during the year ending on the thirtieth of September preceding such examination, and shall certify and report to the legislature at its next session the amount of moneys received into the treasury during such year, the amount of moneys paid out of it, during the same period, by virtue of warrants drawn on the treasury by the comptroller; the amount of moneys received by the treasurer who shall then 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 thirtieth day of September preceding such examination.

Warrants to be compared with laws. $ 4. Such committee shall also compare the warrants drawn by the comptroller on the treasury during the year ending on the said thirtieth day of September 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.

Accounts of commissioners of canal fund to be examined. 85. Such committee shall also examine the accounts of the commissioners of the canal fund, of the canal commissioners, of the superintendents of repairs and collectors of tolls, and all other accounts kept in the canal department, and report to the next legislature the condition of those accounts and whether the receipts and disbursements have been made according to the provisions of law, and also to report the receipts and disbursements on account of each and every canal and improvement respectively.

Majority of committee to act. 8 6. The major part of the members of such com-. mittee may perform all the duties required by law of the committee.

Pay of committee. 87. The members of the committee appointed by this act, shall receive the same compensation from the treasury for services and travel as is allowed to members of the legislature.

[Section 8 repeals portions of the R. S.]

L. 1862, Chap. 21-An act providing for the distribution of soldiers'

allotments.

State treasurer to receive money allotted and receipt for the same. SECTION 1. It shall be the duty of the treasurer of this state to receive from the paymaster general of the United States army, or from the secretary of the treasury of the United States, such sum or sums as may have been or may hereafter be assigned by volunteers in the service of the United States for the benefit of their families. or others, in conformity with orders of the war department and to give the necessary receipts therefor.

Treasurer to make a list of persons and transmit them to county treasurers. 8 2. The treasurer of this state, as often as once in every three months shall cause to be made a list of all persons to whom moneys are assigned, classified by counties, and shall mail to the county treasurer of each county the list of assignees residing in such county.

County treasurers to give notice of list to assignees; moneys to be drawn on draft and written request of assignee. 83: It shall be the duty of the county treasurer immediately, on receiving the list from the treasurer of the state to give notice thereof to the assignees and to ascertain if it be their desire to receive the moneys assigned to them, through the county treasurers. In all cases where such is their desire, it shall be the duty of the county treasurers to procure a written request to that effect, which shall accompany their drafts upon the treasurer of the state, and no moneys shall be drawn from the treasurer of the state unless it. be upon such draft and upon the written request of the said assignee, the identity of whom shall be duly certified by the supervisor or a justice of the peace of the town or ward where the assignee resides, but the request when once made shall remain in force until finally revoked in writing.

County treasurer to keep record. § 4. County treasurers shall enter the names, rank, pay per month, amount to be reserved, name and address of assignees on a list prepared for that purpose, which shall be preserved as a permanent record of his office and shall require the signature of the assignee or his or her order in writing, in receipting from time to time for the amount assigned.

Comptroller to draw his warrant on treasurer. § 5. The comptroller shall draw his warrant upon the treasurer in favor of county treasurers upon their complying with the provisions of this act. All moneys uncalled for and remaining in the hands of county treasurers for the period of one year, shall be repaid by them to the treasurer of the state. The aggregate of the sums hereby authorized to be paid over to the county treasurers is hereby appropriated payable as aforesaid and for the purposes named. No fee or charge shall be made or received by any officer under this act.

TITLE O.

TITLE V.

Of the Attorney-General.

8E0. 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, etc. 3. When such fees cannot be collected by him of opposite party, the amount to

be paid out of the treasury. 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 oyer and terminer.
6. When he so attends, to be reasonably paid out of treasur, .
7. When to prosecute at request of governor, secretary of state, etc.
8. To attend trial of indictments for corrupting or attempting to corrupt mem-

bers of legislature, etc.
9. To attend trial of indictments under laws against dueling.
10-14. Repealed.
15. Debts, etc., received by attorney-general, to be paid into treasury.
16. Repealed.
17. To keep register of suits, etc.

General duty.

fees.

SECTION 1. It shall be the duty of the attorney-general to prose2 Duer, 667; cute and defend all actions, in the event of which, the people of this 55 N. 395 ; 53 state shall be interested. Barb., 176.

[1 R. L., 156, § 3; 347, § 22.) 58 N. Y., 1; 62 N. Y., 306 ; 16 Abb., N. S., 266 ; 67 N. Y., 334; 21 Han, 476 ; 28 Hun, 543; 31 Hun, 599. Costs and § 2. In all actions prosecuted or defended by him, in which costs

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.

(1 R. L., 156, 93; 347, § 23.] When to be § 3. Whenever any such taxable fees so paid by the attorneypaid out of treasury. general, can not be collected by him of the opposing party, the

amount so paid shall be audited by the comptroller, and paid to the attorney-general out of the treasury; and if such fees are subsequently collected of the opposing party, they shall be paid into the treasury.

[1 R. L., 156, 9 3; 347, § 23.] To prepare

§ 4. The attorney-general, whenever requested by the comptroller (180) or the surveyor-general, shall prepare proper drafts for contracts,

obligations, and other instruments which may be wanted for the use

of the state. To attend § 5. Whenever required so to do, by the governor, or by one of

the justices of the supreme court, the attorney-general shall attend the courts of oyer and terminer and jail delivery, for the purpose of managing and conducting the suits and prosecutions of the people of this state.

(1 R. L., 337, § 7.] Compen. $ 6. Whenever the attorney-general, in consequence of such a therefor. requisition, shall attend a court of oyer and terminer, he shall be

entitled to his expenses, and a reasonable compensation for his services. The amount shall be certified by the governor, and paid out of the treasury.

drafts.

courts.

sation

,

§ 7. It shall be the duty of the attorney-general, at the request of TITLE 6. the governor, the secretary of state, the comptroller, the treasurer, To proseor the surveyor-general, to prosecute every person who shall be cute in cer charged by either of those officers with the commission of an indictable offence in violation of the laws, which such officer is specially required to execute, or in relation to matters connected with his department.

$ 8. He shall cause all persons who may be indicted, for corrupt- Ib. ing or attempting to corrupt any member of the legislature, or any member elect of the senate or assembly, or any commissioner of the land-office, to be brought to trial; and to attend in person to the execution of the duties hereby required of him. [2 R. L., 192, § 3.]

§ 9. He shall also cause all persons who may be indicted for any Ib. offence against the laws for the prevention of dueling, to be brought (181) to trial; and shall attend in person to the discharge of the duties hereby required of him.

[2 R. L., 193, § 7.)
[Sections 10–14 were repealed by L. 1880, ch. 245.]

§ 15. All monies received by the attorney-general, for debts due Topank or penalties forfeited to the people of this state, shall be paid by received. him, immediately after the receipt thereof, into the treasury. [Section 16 was repealed by L. 1848, ch. 357.]

17. The attorney-general shall keep, in proper books to be pro- Register, vided for that purpose, at the expense of the state, a register of all actions and demands prosecuted or defended by him in behalf of the people of this state, and of all proceedings had in relation thereto; and shall deliver the same to his successor in office.

monies

L. 1829, Chap. 252 – An act relative to suits on behalf of the people of

this state. In whose name suit to be brought. SECTION 1. Where any one or more of the officers or agents of this state, either by his or their name or names, or by the name of his or their office or offices, are or shall be one of the parties to, or shall have executed or shall hereafter execute, any bond, covenant, contract, promise or agreement, in a matter concerning the people of this state, and in which the said people, and not such officer or agent, are or shall be the real party in interest, it shall and may be lawful to bring and maintain actions against the other party or parties to any such bond, covenant, contract, promise or agreement for the breach or non-performance of the same, in the name of the people of this state, in the same manner and with the like effect, as though the said people, instead of such officer or agent, had been named and described as a party to, and had executed such bond, covenant, contract, promise or agreement; but no such action shall be brought except by the attorney-general on behalf of the people.

L. 1848, Chap. 357-An act relative to the office of attorney-general and district-attorney; and to defray certain contingent expenses of the state officers.

(Section 1 repealed by L. 1886, ch. 593.]

Attorney-general may employ additional counsel. 82. The attorney-general shall be, and is hereby authorized to employ additional counsel in prosecuting and defending suits and proceedings in which the people are a party, or are interested, at any general or special term, or at chambers of the supreme court in any of the judicial districts of the state, whenever the discharge of other official duties shall prevent him attending in person.

Fee to be allowed. 8 3. A reasonable counsel fee to be certified by the governor for the services of such counsel as mentioned in the last preceding section, shall be allowed and paid out of the treasury.

39 Hun, 445 ; 88 N. Y., 571.
[Section 4 was repealed by L. 1864, ch. 280.]

Repeal. 85. Section sixteenth of title fifth, chapter eighth, part first of the Revised Statutes, and all laws repugnant to or inconsistent with the provisions of this act are hereby repealed.

L. 1873, Chap. 643 – An act to provide for the support of government

and for other purposes.

The general appropriation act.] Extract from § 1. All costs adjudged to the people of this state, in actions prosecuted or defended by the attorney-general, may be applied by him, in his discretion, to any of the purposes for which appropriations are hereinbefore made in relation to his office, and the attorney-general shall, at the close of each fiscal year, render to the comptroller an account of such costs received, with vouchers of such expenditures.

L. 1878, Chap. 40– An act to provide for the appointment and compen

sation of deputies and clerks in the attorney-general's office. Deputies and clerks in; compensation; removals. Section 1. The attorney-general may appoint for the duties of his office two deputies to be designated as first and second ; two clerks, and one messenger, who shall severally be paid the following annual salaries : the deputies four thousand dollars each, the clerks two thousand dollars each, and the messenger who shall also perform the duties of clerk when required by the attorney-general, the sum of one thousand dollars, all of said salaries to be payable monthly. Any officer hereinbefore authorized to be appointed may be removed by the attorney-general at pleasure and another appointed in his stead.

[Section 2 repeals inconsistent acts.]

L. 1888, Chap. 269- An act making appropriations for the support of

government.

[The general appropriation act.] Extract from 8 1. The salaries of the deputies, clerks, stenographer and messenger in the office of the attorney-general shall be fixed by the attorney-general, and he shall have the authority to employ as many deputies and clerks as he may need, and a stenographer and messenger, and to designate their salaries out of the appropriations therefor herein made, but the aggregate of their salaries shall not exceed the total of the appropriation herein made for deputies, clerks, stenographer and for messenger, and the attorney-general may appoint clerks and a messenger and a stenographer, at the amounts fixed by him, the total whereof shall not exceed the sum of sixteen thousand dollars hereinbefore appropriated. [A similar provision is contained in each successive annual appropriation act for several

years. ]

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