be delivered to the supervisors' clerk, to be delivered to their TITLE 2 successors in office. [1855, ch. 548, § 1.] journals. $20. [Sec. 14.] The secretary of state, as soon as may be, after Laws and the laws and journals of each session have been deposited in his office, shall transmit, in boxes, at the expense of the state, to each county clerk, the requisite number of laws and journals intended for the use of such county, and required to be distributed to the members of the legislature residing therein, and to the other officers in such connty entitled thereto.1 other states, $21. [Sec. 15.] He shall also put up in boxes, the laws directed Laws for to be sent by the governor to the several states in the union, and shall transmit the same, at the expense of the state, in such manner as the governor shall direct.1 $ 22. [Sec. 16.] He shall from time to time, deliver to such of Reports. the county clerks as shall be entitled thereto, such copies of the reports published by the state reporter as shall have been deposited in his office for that purpose by the reporter.2 $23. [Sec. 17.] He shall also procure, at the expense of this Ib. state, and deliver to the clerk of each county hereafter erected, a complete set of the reports of the supreme court of this state, for the use of the county courts of such county.s reports. $24. [Sec. 18.] The secretary of state shall annually, on or be- State prison fore the first Tuesday of May, transmit to each of the county clerks in this state, a copy of the reports received by him for the preceding year, from the agents of the several state prisons in this state.1 $25. [Sec. 19.] He shall, on or before the tenth day of May, in Pedlers, &c. each year, transmit to each county clerk in this state, a certified list of the names of the several persons licensed as hawkers, pedlers, or petty chapmen.* seals. $ 26. [Sec. 20.] The description in writing of the arms of the Arms and state, and of the great and privy seals, and of the seal of office of the secretary of state, deposited and recorded in the secretary's office, shall remain as public records; and the said arms shall continue to be the arms of the state, and the said seal of office to be the seal of office of the secretary of state.5 $27. [Sec. 21.] The privy seal shall be the seal for military commissions; and all such matters as have issued under the great seal since the sixteenth day of March, one thousand seven hundred and seventy-eight, except copies of papers and records, certified by the secretary of state, or his deputy, and authenticated under his seal of office, shall continue to be issued under the great seal, and shall be made out and recorded in the secretary's office. [169] $28. [Sec. 22.] There shall be a deputy secretary of state, who Deputy may perform all the duties belonging to the office of secretary of secretary. state; except as commissioner of the land office, commissioner of the canal fund, state canvasser, state sealer of weights and measures, and superintendent of common schools." 1 1815, p. 280, § 5. 2 1 R. L., 320, § 10. 3 1824, p. 74. p. 459, § 6. 1819, p. 90.2 R. L., 229, § 3. 61 R. L.' 7 The following concurrent resolutions devolve duties on the secretary of state: STATE OF NEW YORK. IN ASSEMBLY, January 7, 1840. Resolved (if the senate concur), that the secretary of state cause to be prepared and printed, by the printer to this state, for the present year, and annually hereafter, for the use of the senate TITLE 3. TITLE III. ART. 1. Of the general duties and powers of the comptroller. ART. 2. ART. 4. Of the proceedings against persons accountable for public moneys. In relation to certificates of stock created by the laws of the state. ARTICLE FIRST. Of the General Duties and Powers of the Comptroller. SEC. 1. His general duties. 2. To require persons receiving public moneys to account to him. 3. To give directions concerning the transmission to him of public money. 4. To pay the expenses of such transmission. 5. May require persons presenting accounts, to make oath 6. He shall countersign and enter all treasury checks and receipts. 7. He is to draw in favor of treasurer, for dividends on all stock owned by state. 8. To procure monthly statements from the banks in which the treasurer keeps an account. 9. To keep an account between the state and the treasurer. 10. To examine monthly the bank books kept by the treasurer. 11. To examine bonds. &c., on which money may be due to the state. and assembly, a book, to be denominated a Manual, which shall contain the constitutions of this P. B. PRINDLE, Clerk. IN SENATE, January 15, 1840. Resolved, That the senate concur with the assembly in the foregoing resolutions. By order, STATE OF NEW YORK. JOHN F. BACON, Clerk. IN SENATE, March 21, 1844. Resolved (if the assembly concur), That the secretary of state be authorized, at the time of transmitting the annual Session Laws, to transmit the document of annual reports of the state and county superintendents of common schools, to the county and town superintendents of common schools by such conveyance as shall by him be deemed the most proper and enconomical, at the expense of the state. Resolved (if the assembly concur,) That the superintendent of common schools be requested to prefix to the said document his order, directing the said county and town superintendents, severally to deliver over the said document to their successors, at the expiration of their respective offices. By order of the senate, Resolved, That the assembly do concur with the senate in the above resolutions. STATE OF NEW YORK. ISAAC R. ELWOOD, Clerk. IN ASSEMBLY, March 26, 1842. JAS. R. ROSE, Clerk. IN ASSEMBLY, May 6, 1846. Resolved (if the senate concur), That the secretary of state and comptroller be directed to procure the senate and assembly documents and journals, with the indexes thereto, to be bound in boards, with leather backs and corners, and lettered for the members, officers, deputy clerks and reporters of the senate and assembly, and also the documents and journals to be full bound for the senate and assembly libraries, for which purpose the said secretary of state and comptroller, shall advertise in three newspapers published in the city of Albany, for at least two successive weeks, for sealed proposals, and shall accept of and contract with the person or persons making the most favorable proposals for the state. And the said secretary of state and comptroller shall, with all convenient dispatch, cause the said documents, with the journals of the senate and assembly, to be forwarded to the several county clerks for the use of the members and other persons entitled thereto. The expense of carrying out this resolution shall be paid from the contingent expenses of the senate and assembly. WILLIAM C. CRAIN, Speaker. By order of the assembly, WILLIAM W. DEAN, Clerk. IN SENATE, May 9, 1846. A. GARDINER President. Resolved, That the senate do concur with the assembly in the foregoing resolutions. STATE OF NEW YORK. IN ASSEMBLY, March 30, 1849. Resolved (if the senate concur), That fifteen copies of the laws, journals and documents of the State of New York be placed at the disposal of the regents of the university for international exchanges, out of the twenty-five copies which are directed to be offered for sale by the secretary of state according to the provisions of an act entitled "An act concerning the law, journals and documents of the legislature," passed May 12, 1847. By order of the assembly, Resolved, That the senate do concur in said resolution. PHILANDER B. PRINDLE, SEC. 12. To send annually to auctioneers, all new auction laws, and to report to the legislature the ART. 1. returns made by them. 13. To make temporary loans, when necessary, at an interest not exceeding six per cent. 14. Such loans to be paid as soon as sufficient money in treasury. 15. To issue transferable certificates for temporary loans. 16. Comptroller to vote on stocks owned by state. 17. May publish from time to time laws relating to payment of money due the state, or relating to duties to be performed by public officers. 18. When moneys paid at treasury through mistake, in certain cases, comptroller to draw his warrant on the treasurer in favor of the person who paid it. 19. All mortgages, &c., given to secure money to the state, to be deposited in comptroller's office. 20. Comptroller to direct in what banks certificates of stock owned by state shall be deposited. 21. Deputy comptroller, his powers. 22. Expenses of comptroller when absent on public business paid. 23. Fiscal year closes 30th September. 24. Books and accounts in comptroller's office kept with reference to fiscal year. 25. All officers to close their accounts September 30th. 26. Fuel and stationery for the state offices, and capitol, purchased on sealed proposals. $ 1. It shall be the duty of the comptroller, 1. To superintend the fiscal concerns of the state, and to manage the same in the manner required by law. 2. To exhibit to the legislature, at its annual meeting, a complete statement of the funds of the state, of its revenues, and of the public expenditures during the preceding year, with a detailed estimate of the expenditures, to be defrayed from the treasury for the ensuing year, specifying therein each object of expenditure, and distinguishing between such as are provided for by permanent or temporary appropriations, and such as required to be provided for by law; and showing the means from which such expenditures are to be defrayed. 3. To suggest plans for the improvement and management of the public revenues. 4. To keep and state all accounts between this state and the United States, and all other 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 moneys due to the state. 7. To examine and liquidate the claims of all persons against the state in cases where provisions for the payment thereof shall have been made by law; and where no such provision or an insufficient provision shall have been made, to examine the claim and report the facts, with his opinion thereon, to the legislature. 8. To require all persons who shall have received any moneys belonging to the state, and shall not have accounted therefor, to settle their accounts. 9. To draw warrants on the treasurer for the payment of all moneys directed by law to be paid out of the treasury; but no warrant shall be drawn unless authorized by law, and every warrant shall refer to the law under which it is drawn.1 General duties. [170] quire S2. The comptroller shall, from time to time, require all per- May resons receiving moneys or securities, or having the disposition or accounts. management of any property of the state, of which an account is kept in his office, to render statements thereof to him; and all such persons shall render such statements at such time and in such form as he shall require. 1 1 R. L., 474, § 1; id., 478, § 15. To give directions transmis TITLE 3. *S3. The comptroller is hereby authorized to make such regulations, and give such directions from time to time respecting concerning 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 interests of the state. [1843, ch. 44, § 1.] sion of public money. be paid. Expenses to *S 4. 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. [Same ch., §2.] $5. [Sec. 3.] The comptroller may require any person presenting to him an account for settlement to be sworn before him touching the said account; and when so sworn, to answer orally as to any facts relating to the justness of the said account. May re quire oath. Checks and receipts. $6. [Sec. 4.] He shall countersign and enter all checks drawn by the treasurer, and all receipts for money paid to the treasurer; and no such receipts shall be evidence of payment unless so countersigned.1 Dividends. $7. [Sec. 5.] He shall draw, in favor of the treasurer, on the presidents and directors of all banks and other corporations, and joint stock companies, in which the state may own stock, for the dividends on such stock as the same may become due.2 $8. [Sec. 6.] He shall procure, from the books of the banks in which the treasurer shall make his deposits, monthly statements of the moneys which shall be received and paid out of the same on account of the treasurer.3 $9. [Sec. 7.] He shall keep an account between the state and the treasurer, and therein charge the treasurer with the balance in the treasury when he came into office, and with all moneys received by him, and credit him with all warrants drawn on and paid by him.1 $10. [Sec. 8.] On the first Tuesday of every month, or oftener, if he deems it necessary, he shall carefully examine the accounts of the debts and credits in the bank books kept by the treasurer, and if he discovers any irregularity or deficiency therein, he shall, unless the same be rectified or explained to his satisfaction, forthwith report the same, in writing, to the governor.1 S 11. [Sec. 9.] He shall, from time to time, examine the bonds, mortgages and other securities on which money may be due to the people of this state, and shall make inquiries relative to the sufficiency of the security for the payment of such moneys, and in addition to the payment of interest, he shall require the payment of such part of the principal as he may deem necessary for the security and interest of the state.5 S 12. [Sec. 10.] He shall transmit, annually, by mail, or otherwise, to each auctioneer in this state, who shall have notified him of his acceptance of the said office, a copy of such laws as may, from time to time be passed relative to sales by auction, and he 11 R. L., 477, § 9. 2 Id., ib., § 8. 3 Id., 473, § 3. 41 R. L., 474, § 1; id., 473, § 3. Laws of 1826, p. 354, § 6. shall also make an annual report to the legislature, of the returns __ART. 1. made by auctioneers.1 loans. S 13. [Sec. 11.] It shall be lawful for the comptroller, in the Temporary name and in behalf of the people of this state, from time to time, as the legal demands on the treasury may render it necessary, to make such temporary loans, at a rate of interest not exceeding six per cent per annum, from corporations or individuals within this state, as may be necessary to discharge such demands, and he shall draw his warrant for the moneys so borrowed in favor of the treasurer, and charge him with the amount thereof 2 3. S 14. [Sec. 12.] Such temporary loans shall be paid as soon as Ib. there shall be 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.45 transferable for tempo *S 15. Whenever the condition of the treasury shall render it Toise necessary for the comptroller to borrow money under the authority certificates vested in him by section eleven, title three, chapter eight, of the rary loans. 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 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 government, are hereby pledged to that object. [1835, ch. 52.] $16. [Sec. 13.] the comptroller shall have power to vote either To vote for in person 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. 6 state. May $ 17. [Sec. 14.] He may, from time to time, cause to be pub-Pb. lished at the expense of this state, in one or more of the newspapers printed therein, such laws of this state, or extracts therefrom, relating to the payment of moneys due to this state, or the [172] duties to be performed by the public officers thereof, as he may deem necessary." through $ 18. [Sec. 15.] Whenever the comptroller shall be satisfied that Payments moneys have been paid into the treasury through mistake, he may mistake. 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.8 rities. $ 19. [Sec. 16.] All leases, mortgages, bonds and other securities State secu for money given to the people of this state, unless otherwise specially directed, shall be deposited and kept in the office of the comptroller." 1 Laws of 1817, p. 332, § 15. 21 R. L., 480, § 21; id., 481, § 27; Laws of 1815, p. 33, § 8; 1816, p. 292, $35. The 10th, 11th and 12th sections article vii. of the constitution of 1846, prohibit the contracting of a debt by the state, except to meet casual deficits or failures in revenue, or ex penses not provided for, and then to an amount not exceeding one million of dollars. 45 Ib. 1R.L., 476, 37. 7 Laws 1817, p. 300, § 12.1 R. L., 477, § 13. Id., § 10. |