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which he is appointed. If any marshal neglects to perform his duties the secretary of state shall remove him and appoint another. He shall in each such year prepare the necessary blank returns for the purpose of collecting the information hereinafter required, and provide copies of the provisions of this article relating to the census, and shall, on or before the first day of May in such year, furnish to the clerk of each county twice as many of such returns and of the provisions of the statute as there are election districts in his county, who in turn must forward to the clerks of the towns and to the clerks of the common councils of the cities within the county a sufficient number to supply each marshal of such town or city with two sets of blank returns and one copy of the provisions of the statute.

1 R. S., 5th ed., 373, §§ 1 to 5, 14.

marshals.

§ 95. It is the duty of each marshal to proceed Duty of on the first Monday in June in such year, to enumerate the inhabitants of his district, and to obtain the statistical information required, by actual inquiry at every dwelling-house, or of the head of every family residing therein, and by such other means as are in his power; and to enter the enumeration and other information in the blank Every person whose usual place of abode on such first day of June is in any family

returns.

shall be returned as of such family, and every

Duty of county clerks.

Secretary's

report of result.

person, casually absent, as belonging to the place in which he usually resides. Each marshal must prepare duplicate copies of his return, and subscribe and verify under oath a certificate upon each copy that his return is true and accurate to the best of his knowledge and belief, and stating the number of pages of which it consists; the necessary oath shall be administered by any officer authorized so to do, and without any charge therefor. The marshal must, on or before the first day of July in the same year, transmit both copies to the county clerk. If any marshal neglects to do so for five days after the first of July, the clerk of the county shall go or send to obtain the returns; and the expense of so doing shall be deducted from the compensation of the marshal.

1 R. S., 5th ed., 373, §§ 6 to 11.

§ 96. Immediately upon receiving the returns, each county clerk shall, by express, transmit one copy of each, carefully packed in boxes, to the secretary of state; the other copies he shall cause to be arranged by towns and wards, and bound and preserved as records of his office.

Ib., §§ 11, 17.

97. The secretary of state shall report to the legislature a general account of the result, specify

ing it for the several towns, wards, cities and counties with a full recapitulation of the whole.

Ib., § 12.

refusing to give infor

§ 98. Any person being the head of a family or Penalty for member thereof, above the age of twenty-one mation. years, who refuses to give the information required by a marshal, relative to any particular required by the returns concerning such family or person, or willfully gives false information concerning the same, is liable to a penalty of fifty dollars, to be recovered by the supervisor of the town, and paid over to the town superintendent for the benefit of the common schools; except that in the city of New York, it is to be recovered by the mayor, aldermen and commonalty, and paid over to the board of education for the benefit of the common schools of the city.

1 R. S., 5th ed., 373, § 15.

Compensa

tion of mar.

clerke.

§ 99. The marshal's compensation is two dollars for each day actually and necessarily employed in county his duties as such. Their compensation and that of the county clerks, for their services in respect to the census, are to be audited by the supervisors of their respective counties; except in the city and county of New York, where it shall be audited by the common council and assessed as part of the contingent expenses.

Ib., §§ 13, 19.

§ 100. The secretary of state shall also appoint

Census of

Indians.

suitable persons to take an enumeration of the Indians upon the several reservations in the state, and to ascertain the number of acres of land cultivated by them and such other information as the secretary prescribes. Their compensation, not exceeding two dollars per day, certified by him, and all other expenses incurred by him, in executing the provisions of the six preceding sections shall be paid by the treasurer upon the warrant of the comptroller.

Ib., 373, § 16.

General duties of the comptroller.

ARTICLE V.

GENERAL PROVISIONS RESPECTING THE COMPTROLler.

SECTION 101. General duties of the comptroller.

102. Oath to account.

103. Repayment of moneys paid under mistake.

104. Releasing lands from liens.

105, 106. Disposition of certain surplus monies.

107. Comptroller to purchase fuel, &c.

108. Comptroller to issue notice to any person who has not

accounted.

109. Prosecution of claim.

110. Comptroller to settle accounts if rendered.

111. Comptroller's account is evidence in behalf of the state.

112. Separate accounting with joint debtors.

113. Other remedies not impaired.

114. Auction laws.

115. Publication of certain statutes, expenses.

116. Powers of deputy comptroller.

§ 101. It is the duty of the comptroller:

1. To superintend the fiscal concerns of the state;

2. To report to the legislature, annually, a complete statement of the funds of the state, of its

revenues and of the public expenditures during the preceding fiscal year, and, as far as practicable, an account of the same down to the termination of the current calendar year; together with a detailed estimate of the expenditures to be defrayed from the treasury for the ensuing fiscal year, specifying therein each object of expenditure, and distinguishing between such as are provided for by permanent or temporary appropriations and such as must be provided for by a new statute, and suggesting the means from which such expenditures are to be defrayed.

3. To suggest plans for the improvement and management of the public revenue;

4. To keep and state all accounts in which the state is interested;

5. To examine and settle the accounts of all persons indebted to the state, and to certify the amount or balance to the treasurer;

6. To direct and superintend the collection of all monies due to the state;

7. To examine and liquidate the claims of all persons against the state, in cases where there is sufficient provision of law for the payment thereof; and where there is no sufficient provision, to examine the claim and report the facts, with his opinion thereon, to the legislature;

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