For the fidelity of the person or persons to be by him employed; which oath and bond shall be depòsited in the office of the secretary of this state. 2. And be it enacted, That the said oath of office shall be in the following words, to wit: I. appointed treasurer of the state of New Jer- Oath of officesey, do solemnly promise and swear, that I will, to the utmost of my knowledge and ability, well, honestly, and faithfully perform the duties of the office of treasurer of the said state; and that I will not, on any pretence or occasion, apply any money, securities, or stock, which shall come to my hands as belonging to the said state, to any private use or purpose. So help me God. Which oath the president of the Senate or any of the justices of the supreme court is hereby empowered and required to administer. 3. And be it enacted, That the condition of the afore men- Condition of tioned bond shall be in the words, or to the effect following, bond. that is to say: The condition of this obligation is such, that if the above bounden shall, from time to time and at all times, render a just and true account to the legislature of the state of New Jersey, when by them thereunto required, of all the moneys, securities, stock, and other property of the said state which shall come to his hands or be committed to his charge, and deliver the moneys, securities, stock, and other property of the said state in his hands, together with all documents, instruments of writing, papers, and books belonging to or for the use of the said state, to his successor in office, and shall well, honestly, and faithfully perform all the duties of the office of treasurer of the said state, and shall answer for all improper appropriations, waste, embezzlements, or destruction of the said moneys, securities, stock, property, documents, instruments of writing, papers, or books which shall be done or committed by any person or persons to be by him employed in the said office, then this obligation to be void, otherwise to be and remain in full force and virtue; which bond shall be executed before the president of the Senate or one of the justices of the supreme court of this state. bond. 4. And be it enacted, That the legislature, or either branch Legislature may thereof, may, when they suspect the obligors in the said bond require further to be insufficient, require the treasurer to give another bond, with sureties, to be approved of as aforesaid. case of death, 5. And be it enacted, That if the said treasurer die, resign, Proceedings in be displaced, or cease to hold his office, then such treasurer, &c., of treaor, if he be dead, his heirs, executors, or administrators, shall surer. Duties of trea surer. Report to be gislature. fairly and regularly state the account, and deliver the moneys, securities, stock, property, instruments of writing, and books of the state, in his or their possession, to the succeeding trea surer, who shall make report thereon to the legislature; and the said report, if confirmed by the legislature, shall be a dis charge of the said bond, which in such case shall be delivered to the said treasurer, or his heirs, executors, or administra tors. 6. And be it enacted, That it shall be the duty of the said treasurer to receive and keep the moneys of this state, to dis burse the same agreeably to law, and to take receipts for all moneys which he shall pay ; to keep accounts of the receipts and expenditures of the public money, and of all debts due to or from this state; to superintend the collection of the revenue: to direct prosecutions for delinquencies of officers of the revenue, and for debts that are or shall be due to this state; to make reports and give information to either branch of the le gislature, in person or in writing, as he may be required, re specting all matters referred to him by the Senate or House of Assembly, or which shall appertain to his office, and gene rally to perform all such services relative to the finances as he shall be directed to perform. 7. And be it enacted, That it shall be the duty of the trea surer to state in books the account of moneys which he shall made to the le- receive for taxes, impositions, debts, fines, penalties, forfeited estates, or on any other account for or in behalf of this state, and which he shall pay in pursuance of acts and resolutions of the legislature, in such a manner as that the net produce of the whole revenue, as well as of every branch thereof, and the amount of disbursements in payment of the several demands may distinctly appear, and lay from time to time the same ac counts, and all other his proceedings relative to his office, before the legislature. Time for closing accounts. Vacancies, how supplied. 8. And be it enacted, That it shall be the duty of the trea surer of the state for the time being, and he is hereby required to have his accounts ready for examination and settlement on the second Tuesday of January in every year, and that to this end he be, and is hereby authorized to close his accounts for the year on the first day of January in every year hereafter. 9. And be it enacted, That in case any treasurer of this state shall, during the recess of the legislature, die, resign, or remove out of the state, or become disqualified to execute the duties of his office, it shall be the duty of the governor, of person administering the government, to appoint some fit per son to execute the duties of treasurer, who shall continue in office until the next joint meeting of the legislature after the ཤོ 3 said appointment, and the person administering the govern ment shall, by proclamation, give public notice of such appointment; and in such cases the treasurer so appointed shall, prior to entering upon the duties of his office, give bond, with sufficient sureties, to be approved of by the governor, or person administering the government and a privy council, in the sum of fifty thousand dollars, in the manner and as prescribed by this act, and shall also take the oath of office, as in this act prescribed. 10. And be it enacted, That the official bond of every person appointed to the office of treasurer of this state shall remain and continue in full force and effect against such treasurer and his sureties, until such person or his sureties shall procure and file in the office of the secretary of state a certificate, duly executed by the committee to be appointed to settle and audit the accounts of such person as treasurer, approved of by the legislature, expressing that the accounts of such person as treasurer, are regularly stated and balanced, and also that the balance of moneys, evidences of public stock, securities, and ot her effects, if any there be, are actually in the treasury or deposited in some bank as directed by law; which certificate, so procured and filed, shall be a discharge of the sureties in the said bond, but shall in no way affect or impair the legal liability of the treasurer. Bond to be in force until cer mittee is filed. tificate of com neys received in 11. And be it enacted, That the treasurer is hereby directed Treasurer to and required to deposit all moneys which shall from time to time deposit all mocome into his hands as treasurer, in one or more of the chartered bank. banks of this state, within three days after receiving the same, and the moneys so deposited shall be placed to his account ast treasurer; and the treasurer shall always keep a bank book or books, in which shall only be entered his account of moneys deposited by him, or to his credit as treasurer, and moneys 1: drawn from the banks in which he shall so make deposits, in which book or books shall be truly entered and stated every year, all his credits and debits up to the first day of the annual meeting of the legislature, and the balance struck and certified by the cashier of the bank; and shall exhibit such book or books, properly balanced and settled, on every settlement of his accounts, for examination and inspection; and that the treasurer shall not be authorized to draw any moneys so deposited by him, or to his credit, unless by check subscribed by him as treasurer, and countersigned by the secretary of state; and it Checks to be shall be the duty of the secretary of state to keep an accurate by secretary of countersigned account of all and every check or checks countersigned by state. him as secretary in a book for that purpose, and every year to lay the said book before such committee as shall be appointed to settle and audit the accounts of the treasurer. Secretary of *tate to notify banks of election of treaENTER. Moneys depo sited by trea surer, to be car ried to account of his succes sor. Treasurer authorized to make loans. vestments. 12. And be it enacted, That after striking the balance, and certifying the same as aforesaid, it shall not be lawful for any bank to pay any checks or drafts of the treasurer, until they shall have been duly notified by the secretary of state of the election of a treasurer for the ensuing year, and that he hath given bond according to law; which notice it is hereby ma the duty of the said secretary to give to all the chartered banks within this state immediately after such election as aforesaid. 13. And be it enacted, That all moneys deposited as afore said by the treasurer, or to his credit, in any bank of this state and standing to his credit at the expiration of his office, sta be carried to the account of his successor in office; and the banks shall transfer such accounts accordingly, upon proda ing to them a certificate from the secretary of state of the ap pointment of such successor in office. 14. And be it enacted, That it shall and may be lawful for the treasurer of this state, and it is hereby made his duty, t loan at the best rate of interest he can procure, not exceedag lawful interest, on the pledge of United States' stock, at a rate not above its par value, as collateral security, any surplus mo ney in the treasury of this state not otherwise appropriated, nor already authorized to be invested by the trustees of the school fund, as the same shall from time to time accrue; and it sta be the duty of the treasurer to loan the same on such terms of credit as will enable him to receive the said moneys again, so as to meet the demands on the treasury. 15: And be it enacted, That the treasurer of this state, un May change in der and by the direction of the trustees of the school fund, be, and he is hereby authorized to change the investment of the school fund, or any part thereof, by selling any of the stocks the interest whereof is applied to the said fund, and investing the same in any of the public stocks of the United States. Annual statement to be made. 16. And be it enacted, That, in addition to the duties already prescribed by law, it shall be the duty of the treasurer of this state, as soon as his accounts shall be audited by the committee appointed for that purpose, to submit annually to the legis lature a balance sheet, exhibiting the general items of expenditure; the amount of receipts, and the sources whence they have been received; the indebtedness of the state, if any, and how and where, and the interest paid for moneys borrowed: the amount of school fund, how invested, what part is availa ble, and what unavailable, the interest receivable on the same: the amount of bank tax, and the sum applicable to commen schools, and how disposed of, so as to give a correct and cor nected statement of the condition of the finances of the state; which statement shall be countersigned by the auditing com mittee. Approved, April 17, 1846. AN ACT to regulate elections. Time of annual 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That on the Tuesday next after the first Monday in November, in each year hereafter, an election election for Asshall be held in each county, to elect for such county such a sembly, &c. number of persons to be members of the General Assembly as such county shall be entitled to elect, and also one person to be sheriff, and three persons to be coroners for such county, each of whom shall have the qualifications prescribed by law. 2. And be it enacted, That at every annual meeting in Town meeting each township, the persons who shall be qualified to vote to fix place for holding electherein, shall appoint the place within such township at which tions. all such elections shall be held during the year next following such annual meeting; and if they shall omit to appoint a place, then such elections shall be held at the place at which such annual meeting was last held. polls. 3. And be it enacted, That all such elections shall be opened Time of opening at the hour of eight o'clock in the morning, and close at the and closing hour of seven o'clock in the evening, and shall continue one day only. 4. And be it enacted, That the secretary of state shall, between the first day of August and the first day of September, immediately preceding the expiration of the term of service of any member or members of the Senate of this state, direct and cause to be delivered to the clerk of every county, whose senator's term of service will expire with the current legislative year, a notice stating such fact, and that a senator for said county is to be elected at the ensuing annual election; and the clerk of such county shall, within fifteen days after the receipt of the said notice, cause a copy of the same, certified under his hand to be true and correct, to be delivered to the clerk of each township in said county; and the clerk of each township shall, in every year in which the term of service of the senator for said county will expire as aforesaid, include in the advertisement, required to be given by the twenty-fourth section of this act, a notice that a senator for said county is to be chosen at the ensuing election. Secretary of notice of expiration of term of state to give service of sena tors. Time and mode clerks and sur rogates. 5. And be it enacted, That the clerks and surrogates of counties shall be elected by the qualified voters of each county, of election of at the time of electing members of the General Assembly; they shall be elected once in every five years and as often as vacancies occur; and every such vacancy shall be supplied at the general election next succeeding the happening thereof; it shall be the duty of the clerk of every county, between the R |