TITLE 5. General duty. TITLE V. Of the Attorney-General. SEC. 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 members 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 Repealed. 15.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 Repealed. 17.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. SECTION I. It shall be the duty of the attorney-general to prose 2 Duer, 667; cute and defend all actions, in the event of which, the people of this 55 N. Y., 395; 53 Barb., 176. state shall be interested. [1 R. L., 156, § 3; 347, § 22.] 58 N. Y., 1; 52 N. Y., 306; 16 Abb., N. S., 266; 67 N. Y., 334; 21 Hun, 476; 28 Hun, 543; 31 Hun, 599. When to be paid out of § 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, § 3; 347, § 23.] § 3. Whenever any such taxable fees so paid by the attorneytreasury. 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. To prepare drafts. [180] To attend courts. Compensation therefor. [1 R. L., 156, § 3; 347, § 23.] § 4. The attorney-general, whenever requested by the comptroller or the surveyor-general, shall prepare proper drafts for contracts, obligations, and other instruments which may be wanted for the use of the state. § 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.] § 6. Whenever the attorney-general, in consequence of such a 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. § 7. It shall be the duty of the attorney-general, at the request of TITLES. the governor, the secretary of state, the comptroller, the treasurer, To proseor the surveyor-general, to prosecute every person who shall be tain cases 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 Ib. any offence against the laws for the prevention of dueling, to be brought 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.] [181] monies § 15. All monies received by the attorney-general, for debts due To pay 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. - 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. § 2. 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. § 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. 5. 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 herein before 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 compensation 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 herein before 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 § 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 herein before appropriated. [A similar provision is contained in each successive annual appropriation act for several years.] TITLE 6. TITLE VI. Of the Surveyor-General. [This office was abolished by art. V, § 2, and art, XIV, § 3, of the Constitution of 1846, which provided for the office of state engineer and surveyor, with much more extended duties. But as the statutes applicable to the surveyor-general are made applicable, by L. 1868, ch. 72, to the state engineer and surveyor, this title is yet in force.] SEC. 1. To superintend surveys and sales of lands belonging to state. 2. To keep in his office a map of state. 3. When the bounds of a town cannot be delineated on his map, surveyor-general may order a special survey. 4. If supervisor of town neglect to make such survey, to be prosecuted by attorney-general. 5. In case of disputes between towns, as to bounds, surveyor-general to direct survey, and determine disputes. 6. Determination to be filed in secretary's office. 7. Surveyor-general to account with comptroller for monies received by him. SECTION 1. It shall be the duty of the surveyor-general to superintend the surveys and sales of lands belonging to the people of this state, in the mode required by law, and according to the directions of the commissioners of the land-office, where such directions shall have been given. [182] General duties. § 2. He shall retain in his office a map of this state, and shall, Map. from time to time, delineate thereon the bounds of all towns or counties erected or altered by the legislature. vey of §3. Whenever the bounds of a town already erected, or that may May rehereafter be erected, or altered, shall appear to be so described in quire sur the act erecting or altering the same, that they cannot be delineated towns. by the surveyor-general, on the map of this state, without a survey specially made for that purpose, he shall direct the supervisor of such town to cause such survey to be made, and to transmit the same to the surveyor-general's office. [1 R. L., 483, § 3; 2 R. L., 136, § 31.] §4. In case of the refusal or neglect of any supervisor to per- Ib. form the duties so enjoined on him, the surveyor-general shall give notice thereof to the attorney-general, to the end that he may prosecute such delinquent supervisor for the penalty imposed by law; which penalty, when recovered, shall be paid to the surveyor-general, and be by him applied to the making of a map of such town. [1 R. L., 483, § 4.] as to town 5. Whenever a dispute shall arise between the officers of two Disputes or more towns, respecting the bounds of either of such towns, on t the same being represented to the surveyor-general, he shall hear the allegations and proofs of the parties, and, if necessary, shall direct a survey to be made, and shall determine such dispute. tion to be § 6. Such determination shall be filed in the office of the secre- Determina. tary of state, and shall be conclusive upon the subject, until the filed. legislature shall, by law, otherwise direct. 7. He shall, from time to time, account with the comptroller for To ac all monies received by him, in behalf of the state, or from the count. treasury. [1 R. L., 483, § 6.] L, 1840, Chap. 259-An act imposing certain duties on the surveyor general. To preserve maps. SECTION 1. The surveyor-general is hereby authorized and required to collect and preserve all maps, plans, drawings, levels, and surveys of every description made and to be made for the use of the state. Companies to furnish maps. § 2. Every canal company and every railroad company in this state, to which the credit of the state may have been loaned or which may hereafter ask the aid of the state, shall, so far as may be in their power without making a new survey, furnish to the surveyor-general copies of all maps, plans, drawings, levels, and surveys of every description which may be made in connection with the construction of their canal or railroad. L. 1842, Chap. 220-An act to amend "An act imposing certain duties on the surveyor-general," passed May 11, 1840. Room to be prepared for maps, etc. SECTION 1. The surveyor-general, in addition to the duties prescribed in the act hereby amended, is authorized and directed to prepare the room adjoining the one now occupied by him in the new state hall, for the reception of such maps, plans, drawings, profiles and surveys as may be deposited with him by virtue of said act, and to make such fixtures therein as shall to him seem necessary, for their safe keeping. He is also authorized to employ temporarily, a competent draftsman, at such compensation as the comptroller shall determine, whose duty it shall be to arrange the said maps and drawings, and to copy and supply deficiencies in the same. Maps, etc., subject to inspection. § 2. The maps, drawings and other documents deposited as herein provided, shall be subject to the inspection of the public officers and citizens of this state, at all reasonable hours, but shall not be removed or taken away from the office. Expenses to be paid. §3. Any expense incurred in carrying out the provisions of this act, shall be paid by the treasurer, on the warrant of the comptroller. [Of the State Engineer and Surveyor.] [The principal duties of this officer, by the Constitution of 1846, and the legislation thereunder, appertain to the canals and public lands. For the statutes relating to these duties, see chapter 9, titles 5 and 9, post.] L. 1848, Chap. 72- An act in relation to the office of state engineer and surveyor and the engineer department. Office. SECTION 1. The office of the state engineer and surveyor shall be kept in the new state hall, and the trustees thereof shall assign a suitable room or rooms therein for his use. Powers and duties. § 2. The state engineer and surveyor shall possess all the powers and discharge all the duties prescribed or required by law to be discharged by the surveyor-general prior to the first day of January, eighteen hundred and forty-eight, except his powers and duties as a commissioner of the canal fund. Supervision of engineer department. § 3. The state engineer and surveyor shal have the general supervision of the engineer department, and shall perform all such duties in relation to the canals, as shall be required by the canal board, and shall visit and inspect the public works of this state as often as in his judgment it shall be necessary. |