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ties of.

R. S. 13, $ 61. persons as watchmen of the state house, whom he may at any time re1838, 80.

move, and for whose fidelity and good conduct, in said capacity, he shall 1858, 159, § 1.

be responsible. Watchmen, du- SECT. 56. The watchmen shall remain in the state house every night 1858, 159, $$ 1, 2. from nine o'clock in the evening until sunrise in the morning, and main

tain
proper

watch and guard for the security thereof; and shall visit, each night, all the rooms in which fires have been kindled during the

preceding day, and attend to their safety. same subject. Sect. 57. They shall take proper care to prevent any trespass or in1858, 159, $3. jury being committed in or upon any part of the state house, or of

the appurtenances thereof belonging to the state; and if any is committed, and the offender is known, they shall forthwith give notice thereof to the attorney-general, in order that such offender may be pros

ecuted therefor. same subject. Sect. 58. They shall open the outside doors of the lower floor and 1858, 159, 1, 2, the gates every morning, and close the same every evening, except Sun

days and public holidays; shall keep the lower floor, entries, and all the offices except that of the secretary, clean and in good order, kindle and keep up suitable fires therein, and light, clean, and keep in good order, the outside lamps. They shall act as messengers to the legislature during the sessions thereof, and shall perform all other duties with regard to the offices in the state house, except that of the secretary, as have heretofore been performed by watchmen and messengers to the general court. Two of them shall be on duty in the state house during the daytime while the outside doors are open, and maintain watch and guard for the security thereof. The keys of the doors, gates, and apartments, shall be so deposited that they may have ready access thereto.

Sect. 59. Each watchman shall receive a salary of eight hundred

dollars a year in full compensation of all services required of him by the See Ch. 15, $ 36.

sergeant-at-arms as watchman throughout the year, and messenger dur

ing the annual session of the legislature. Fireman, ap

Sect. 60. The sergeant-at-arms may appoint one person as fireman, pointment of.

who shall make and attend the fires in the basement of the state house, 1858, 159, $ 5. See Ch. 15, $ 36. and perform such other duties as may be required by the sergeant-at

arms; and who shall receive in full compensation for his services a sal

ary of six hundred dollars a year. Sergeant-at- Sect. 61. No fee or reward shall be taken by the sergeant-at-arms,

or any person under him, for opening the public rooms in the state R. S. 13, $ 65. house, for the view and inspection of visitors.

salaries of. 1859, 176.

arms, &c., to receive no fee.

tions, &c.

COMMISSIONERS ON REPAIRS OF THE STATE HOUSE, &C. Commissioners SECT. 62. The sergeant-at-arms, secretary and treasurer of the comon state house monwealth, shall constitute a commission, without compensation, having of appropria- in charge the appropriations for the repairs, improvements, and furni1857, 65, $$ 2, 3. ture, of the state house, and contingent expenses of the council, general

court, and offices in the state house. No expenses shall be incurred for said purposes unless previously authorized by said commission, and no expenses shall be authorized by them unless the same come within the amount appropriated by the legislature; except that in case of damage to the state house, caused during the recess of the legislature by fire or other unforeseen casualty, the commissioners may make all necessary repairs for the protection and preservation of the building.

Messenger to governor and council.

MESSENGER TO THE GOVERNOR AND COUNCIL. Sect. 63. The governor with the advice and consent of the council may appoint a messenger, who shall hold his office during the pleasure of the governor, and receive a salary of eight hundred dollars a year. The messenger may employ an assistant, whom he may remove at any 1847, 237. time, and who shall receive for his services three hundred and sixty-five See Ch. 16, 838 dollars a year.

SECT. 64. The messenger and assistant shall perform such duties Messenger's as may be required of them by the governor or the governor and council.

duties.

CHAPTER 15.

OF THE AUDITOR, TREASURER, LAND AGENT, AND MATTERS OF FINANCE,

AUDITOR.

MATTERS OF FINANCE. SECTION

SECTION 1. Auditor to give bond.

28. Publie officers to make and submit esti2. salary of, may employ clerks, &c.

mates to speaker of the house. 3. sball examine accounts, and may deduct 29. Officers disbursing money to report to the overcharges, &c.

auditor. 4. shall keep accounts of receipts, &c. 30. Money to be paid from treasury only upon 5, 6. report of.

warrant of governor, &e. 7. shall examine treasurer's books, &c., and 31. Balances of appropriations may be paid in perform certain other duties.

succeeding year, but not afterwards. & books, &c., of, to be examined during re- 32. Payments may be withheld from persons sess of legislature.

with whom state has unadjusted accounts;

or who withholds money, &c.

33. to be made from ordinary revenue, &c. TREASURER.

Cash at beginning of year, how applied. 9. Treasurer to give bond.

34. Notes to be signed by treasurer, approved 10. bond of, to be sued, in case, &c.

by governor, &c. 11. may be removed by governor on request 35. Payments of interest on temporary loang, of sureties, in case, &c.

&c. 12. salary of, clerks of, and their salaries. 36. of salaries, &c. 13. may assign mortgages.

37. Accounts for expenditures under orders of 14. may sell real estate held under a mort- the legislature to be approved by presiding gage foreclosed.

officers, &c. Limitation of amount of such 15. shall stamp bonds, &c., of the common- orders, &c. wealth,

38. Meaning of “incidental expenses ” in ap16. may assign, &c., mortgages, &c., made to propriation laws.

his predecessors, with approval of governor. 39. Less appropriation to supersede former 17. to transmit annually to attorney-general larger. account of all bonds, &c.

40. Appropriations for a specified year, how 18. to invest money received from sale of construed. public lands.

41, 42. Directions to public functionaries in in19. to report to the legislature.

curring liabilities, &c. 20. on death, &c., of, secretary and others to 43. Improvements, &c., in public buildings, take charge of his office, &c.

not to be made without appropriation. 21. Inventory of moneys, &c., to be taken by 44. Bills exceeding fifty dollars to be sworn to. committee, &c.

45. Committees of legislature not to incur lia22. Duplicate receipts to be given by successor bility in behalf of state, unless, &c. of such treasurer.

46. Appropriations for witness fees, may be

applied to taking depositions.

47. Compensation of commissioners, &c., to be LAND AGENT.

determined by governor and council. 23. Land agent, salary and bond of.

48. Travelling expenses of public officers. 24, 25. duties of.

49. Bills of charges against state to contain 26. sales, &c., of, to be approved by governor

items. and council.

50. Secretary, &c., to lay before legislature ac27. to make report to legislature,

counts of expenses of their offices, &c.

AUDITOR.

SECTION 1. The auditor of accounts shall give, bond to the treas- Auditor to give urer of the commonwealth, with sufficient sureties, to be approved by 1849, 56, § 1. the governor with the advice and consent of the council, for the faithful discharge of the duties of his office.

SECT. 2. He shall receive a salary of two thousand dollars a year. salary of. He may employ in his office one permanent clerk at a salary of twelve clerks, &c.

examine ac

&c.

count of re

1852, 318.

hundred dollars a year, and such additional clerical assistance as may be 184, 131, &$ 1, 2. necessary for the despatch of the public business, at a salary not exceed

ing eleven hundred dollars a year for each person employed. Auditor shall SECT. 3. He shall examine and scrutinize and may deduct overcounts, and charges in all accounts and demands against the state, including those may deduct

for services or objects for which definite appropriations are made, and overcharges,

for which appropriations are made not exceeding a certain sum, but 1849, 56, 92. excepting those due on account of the principal or interest of a public 1858, 11, $ 7. 1868, 158, § 13. debt, or of the pay rolls of the council, senate, or house of representa

tives. He shall make and record in a book kept for that purpose a certificate specifying the amount due on each demand, the law authorizing its payment, and the head of expenditure to which it is to be charged; and shall transmit the certificate to the governor, who may draw his warrant therefor. As soon as may be after the drawing of a warrant, the secretary shall transmit to the auditor a written statement of the amount and

purport thereof. shall keep ac- Sect. 4. He shall keep a distinct account of public receipts and exceipts, &c.

penditures under appropriate heads. If the sum allowed by law for any 1849, 56, $ 3. purpose has been expended or drawn for, he shall in writing communi

cate such fact to the secretary, who shall lay the same before the gov. ernor and council as soon as may be. He shall keep a like statement of the school fund and other public property, and of all debts and obligations due to and from the commonwealth ; and for such purposes shall have free access to the books and papers in the offices of the secretary,

treasurer, and land agent. report of. Sect. 5. On or before the fifteenth day of January in each year the 1868 , 153, $$ 4,5, auditor shall submit to the legislature a report exhibiting a full and

accurate statement of the financial condition of the commonwealth, and of the pecuniary transactions thereof, during the year ending on the last

day of the preceding month. same subject. SECT. 6. He shall include in his report an estimate for the following 1858, 158, $ 1.

year of the ordinary income of the commonwealth, and other means which he may point out for the defraying of expenditures, and shall annex thereto such representations or suggestions as he may deem

necessary. shall examine Sect. 7. He shall annually in January examine the books, accounts, books, &c., and and vouchers, of the treasurer, and shall comply with any regulations in perform certain relation to the duties of his office, not inconsistent with the provisions 1849, 50, $$ 4, 7.

of this chapter, which may be transmitted to him in writing by the gov

ernor and council. Books, &c., of, SECT. 8. The books and accounts of the auditor shall be carefully during recese of examined, at least once during the recess of the legislature, by a comlegislature. mittee of the council, or such person as the governor with the advice 1849, 56, $ 5.

and consent of the council may appoint; and shall annually in January be carefully examined by the committee of accounts.

6, 7, 8.

1849, 56, 4.

other duties.

TREASURER.

Treasurer to
give bond.
R. 8. 13, $ 14.

Sect. 9. The treasurer of the commonwealth shall give a bond, with three sureties at least, to be approved by the governor with the advice and consent of the council, in the sum of one hundred thousand dollars, payable to the commonwealth, with condition in substance as follows: that he and all persons employed in his office shall faithfully discharge their duties and trusts; that he shall use all necessary and reasonable diligence and care in the safe keeping and lawful disposal of all sums of money, books, bonds, notes, papers, and other things appurtenant to the office, which shall come to his hands, or to the hands of the persons employed by him; that he shall, upon reasonable notice, render a true account in the premises, when thereto required by law or by the senate

may be re

art. 17.

1847, 195.

or house of representatives; shall deliver over to his successor in office, or other person authorized to receive the same, all money, books, bonds, notes, and other things belonging to said office; and that all balances and defalcations which shall appear against him, shall be forthwith paid into the treasury of the commonwealth.

Secr. 10. The bond shall be deposited in the secretary's office; and Treasurer, upon the order of the governor with the advice of the council, or the bond of, to be order of the senate and house of representatives, the attorney-general, R. S. 13, § 15. or any other person by them respectively authorized for that purpose, shall commence an action thereon, and prosecute the same to final judgment, execution, and satisfaction.

SECT. 11. Upon the representation, under oath, of a surety in such bond, or other person, that the treasurer is insane, or manifestly insol- moved by govvent, or has absconded or concealed himself, or is absent from the state, quest of sure. or from the duties of his office, to the hazard of the public treasury, if this in32,3m.C. upon examination such representation appears to be true, the governor, Amend. const. with the advice and consent of the council, shall remove him from office and declare the office vacant.

SECT. 12. The treasurer shall receive a salary of two thousand dol- salary of, lars a year. He may employ in his office two permanent clerks, the clerks of, and first at a salary of fifteen hundred dollars a year, and the second at a R. S. 13, $ 21. salary of twelve hundred dollars & year; and such additional clerical 1854, 136, 88,1, 2. assistance as may be necessary for the despatch of the public business, 1967, 269,

See Ch. 15, $ 36. at a salary not exceeding eleven hundred dollars a year for each person employed.

SECT. 13. Where the treasurer is authorized to discharge a mortgage may assign held by the commonwealth, he may instead thereof assign the same, and

mortgages. his assignment shall have the same effect as like assignments by other mortgagees; but shall not impose any liability, express or implied, upon the commonwealth.

Sect. 14. When the title to real estate becomes vested in the com- may sell real monwealth by the foreclosure of a mortgage, the treasurer may, with aetaté heldung the approval of the governor and council, convey the same, upon the foreclosed, payment of the amount of the mortgage debt, with the interest and 1856, 68, § 1. expenses accrued thereon.

SECT. 15. The treasurer shall provide himself with a stamp upon shall stamp which shall be the words “The property of the commonwealth," and of commonshall cause all bonds and securities in his possession belonging to the wealth. commonwealth to be stamped there with.

Sect. 16. No bond or security belonging to the commonwealth shall may assign, be transferred except with the written approval of the governor. Where &c., made to his

, the treasurer holds, as the property of the commonwealth, any note, predecessors bond, mortgage, or other security, made to any predecessor in his office, of governor. the same may be transferred, assigned, or discharged, in like manner as 1858, 68, § 2. if it had been made directly to the commonwealth. Sect. 17. He shall annually on the first Monday of May, transmit to

annually, to at the attorney-general or other prosecuting officer of the government, an torney-general, account of bonds, notes, and securities, in the treasury, in which the account of all state is interested, on which the principal or interest remains due and R. 8. 13, 5 25. unpaid, or of which the conditions have not been performed, classing them under distinct heads, as far as may be convenienly done; and the attorney-general, or other officer, upon receiving the same, shall enforce the collection of the money so due, and the performance of conditions so unperformed, and require such payments and settlements in the premises as he thinks the interests of the state demand, with due regard to the situation of the debtors.

SECT. 18. He shall have the custody of all notes, bonds, and mort- money received gages, given to the state for the purchase of lands in the state of Maine, public lands. and shall receive all money accruing from the same. He shall keep a R. S. 10, $$ 6, 7.

to transmit

to invest

and others to

separate account of the money, notes, and obligations, so received by him; and shall, with the approbation of the governor and council, invest said 'money in the stocks of the New England states and in the obligations of the counties, cities, and towns, thereof; regard being had to the security, productiveness, and availability, of the fund when required

for use. Treasurer, Sect. 19. The treasurer shall anrually in January report to the the regislature. legislature a statement of the operations of his department for the year 1858, 1, $ 4. ending on the last day of the preceding month; including a specific

statement of all warrants remaining unpaid, and the names of the per

sons in whose favor they are drawn. on death, &c., SECT. 20. Upon the death or resignation of the treasurer, or other of, secretary

vacancy in that office, the secretary, with two suitable persons to be take charge of appointed by warrant under the hand and seal of the governor, shall R. S. 13, 's 17. repair to the places where the money, papers, and other things belong

ing to the treasury, are kept, and, having previously given notice to such late treasurer, or his heirs, executors, or administrators, and to his sureties or one of them, or to such of the persons as may be found within the state to attend thereat, shall seal up and secure, in their presence if they attend, all such money, papers, and other things supposed to be the property of the commonwealth; and they shall give such representatives or sureties, if required by them, a true list of all boxes and packages so sealed up and secured, and shall note on such

list the place wherein the same are deposited. Inventory of SECT. 21. After sealing up and securing the effects, the secretary, memek isto with the two persons appointed as aforesaid, shall as soon as may be, committee, &c. and after notice to the parties mentioned in the preceding section, cause R. S. 13, $ 18.

the boxes and packages to be examined, and a true inventory to be taken of the money, and of all bonds, notes, securities, books, and other things appertaining to said office, which shall be required by the late treasurer, or his representatives or sureties, or either of them; a copy of which inventory shall be deposited in the secretary's office: and copies that may be required shall also be given to any of said parties. The secretary and said two persons shall safely keep all money and other effects inventoried as aforesaid, until another treasurer is chosen or appointed; to whom when qualified they shall deliver over the same, taking duplicate receipts from such new treasurer; one of which receipts shall be deposited with the secretary, and the other with the late treas

urer, or his legal representatives or sureties, or one of them. Duplicate re- SECT. 22. Upon every appointment or election of a new treasurer, ceipts to be glu: he shall give duplicate receipts, one of which shall be deposited with of such treasur- the secretary; and such receipts shall be sufficient evidence for his pred. R. S. 13, $ 19.

ecessor in office, of the property of the state remaining and delivered over by him, and shall be his sufficient discharge therefor.

er.

LAND AGENT.

Land agent, sal-
ary and bond
of.
R. S. 10.
1851, 190.
1858, 85.
1859, 91.

SECT. 23. The governor, with the advice of the council, shall annually, and whenever a vacancy occurs, appoint a competent person to be land agent, who shall receive a salary of one thousand dollars a year, give bond to the commonwealth for the faithful performance of the duties of the office, in a sum and with sureties to be approved by the governor and council, and hold office for the term of one year, unless sooner removed,

SECT. 24. He shall have charge of all lands, flats, shores, and rights in tide waters, belonging to the commonwealth, except the Back Bay lands and other lands and rights otherwise provided for; and shall exercise the powers and perform the duties specified in chapters fiftytwo and one hundred and three of the resolves of the year eighteen hundred and fifty-nine.

duties of. Resolves, 1859, 52, 103.

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