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ART 1.

seals.

list of the names of the several persons licensed as hawkers, pedlers, or petty chapmen.

Laws of 1819, p. 90, $ 15; 2 R. L., 229, $ 3. $ 20. The description, in writing, of the arms of the state, Arms and 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.

1 R. L., 459, § 6. S 21. The privy seal, shall be the seal for military commis- Ib. sions; 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 (169) issued under the great seal, and shall be made out and recorded in the secretary's office.

1 R. L., 459, $ 6. S 22. There shall be a deputy secretary of state, who may Depaty perform all the duties belonging to the office of secretary of 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.

TITLE III,

OF THE COMPTROLLER.
ART. 1. — Of the general duties and powers of the comptroller.
ART. 2. — Of proceedings against persons accountable for public monies.
Art. 3. — Of the settlement of accounts for lands purchased from, or mortgaged

to the people of this state.

ARTICLE FIRST.
OF THE GENERAL DUTIES AND POWERS OF THE COMPTROLLER.
SEC. 1. His general duties.

2. To require persons receiving public monies to account to him.
3. May require persons presenting accounts, to make oath.
4. He shall countersign and enter all treasury checks and receipts.
5. He is to draw in favor of treasurer, for dividends on all stock owned by state.
6. To procure monthly statements from the banks.
7. To keep an account between the state and the treasurer.
8. To examine monthly the bank books kept by the treasurer.
9. To examine bonds, &c., on which money may be due to the state.
10. To send annually to auctioneers, all new auction laws, and to report to the

legislature the returns made by them.
11. To make temporary loans, when necessary.
12. Such loans to be paid as soon as sufficient money in treasury.
13. Comptroller to vote on stocks owned by state.
14. May publish laws relating to payment of money due the state.
15. When monies paid at treasury through mistake.
16. All mortgages, &c., given to the state, to be deposited in comptroller's office.

I. — 22

TITLE 3.

General duties.

17. To direct in what banks certificates of stock shall be deposited.
18. Deputy comptroller, his powers.
$ 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 (170)

are provided for by permanent or temporary appropriations, and such as require to be provided for by law: and shewing 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 monies due to the state.

3. To examine and liquidate the claims of all persons against the state, in cases where provision 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 monies 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 monies 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.

R. L., 474, § 1; Ib. 478, $ 15. S 2. The comptroller shall, from time to time, require all persons receiving monies, or securities, or having the disposition or 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. May require $ 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. Checks and S 4. He shall countersign and enter all checks drawn by the

treasurer, and all receipts for money paid to the treasurer; and

May require accounts.

oath.

receipts.

accounts.

no such receipts shall be evidence of payment, unless so AR countersigned.

1 R. L., 477, § 9. $ 5. He shall draw, in favor of the treasurer, on the presi- Dividends. dents 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.

R. L., 477, $ 8. 6. He shall procure, from the books of the banks in which Treasurer's the treasurer shall make his deposits, monthly statements of the monies which shall be received and paid out of the same, on account of the treasurer.

1 R. L., 473, § 3. $ 7. He shall keep an account between the state and the (171) treasurer, and therein charge the treasurer with the balance Ib. in the treasury when he came into office, and with all monies received by him, and credit him with all warrants drawn on and paid by him.

1 R. L., 474, $ 1; 1 R. L., 473, § 3. $ 8. On the first Tuesday of every month, or oftener, if he Ib. 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 R. L., 474, § 1; 1 R. L., 473, $ 3. $ 9. He shall, from time to time, examine the bonds, State secumortgages, and other securities on which money may be due " to the people of this state, and shall make enquiries relative to the sufficiency of the security for the payment of such monies; 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.

Laws of 1826, 354, $ 6. $ 10. He shall transmit, annually, by mail, or otherwise to Auctioneach 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 shall also make an annual report to the legislature, of the returns made by auctioneers.

Laws of 1817, 332, § 15. $ 11. It shall be lawful for the comptroller, in the name Temporary 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 monies

rities,

eers.

loans.

TITLE 3.

loans.

state.

May publish laws.

so borrowed, in favor of the treasurer, and charge him with the amount thereof.

1 R. L., 480. § 21; Ib., 481, § 27; Laws of 1815, 33, § 8; 1816,

292, $ 35. Temporary $ 12. Such temporary loans shall be paid, as soon as 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.

1 R. L., 480, $ 21; Ib., 481, § 27; Laws of 1815, 33, § 8; 1816,

292, $ 35. To vote for $13. The comptroller shall have power to vote, either 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.

R. L., 476, 8 7.
S 14. He may, from time to time, cause to be published at

the expense of this state, in one or more of the newspapers [172] printed therein, such laws of this state, or extracts therefrom,

relating to the payment of monies due to this state, or the duties to be performed by the public officers thereof, as he may deem necessary.

Laws of 1817, 300, $ 12. Payments S 15. Whenever the comptroller shall be satisfied that through

monies have been paid into the treasury through mistake, he may 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.

1 R. L., 477, § 13. State secu- $ 16. All leases, mortgages, bonds, and other securities for

money given to the people of this state, unless otherwise specially directed, shall be deposited and kept in the office of the comptroller.

R. L., 477, § 10. $ 17. The certificates for stock of any kind, owned by the people of this state, shall be deposited, for safe keeping, in such banks as the comptroller may select.

1 R. L., 477, § 11. Deputy S 18. There shall be a deputy comptroller, who may perform comptrol

any of the duties of the comptroller, except the drawing of warrants on the treasury, the auditing of public accounts, and the duties of the comptroller as commissioner of the land-office, commissioner of the canal fund, and state canvasser.

mistake.

rities,

Ib.

1 R. L., 480, § 23.

ler.

ART. 2.

tion,

ARTICLE SECOND.
OF PROCEEDINGS AGAINST PERSONS ACCOUNTABLE FOR PUBLIC MONIES.
SEC. 19. Comptroller may issue a notification to any person not accounting for public

monies.
20. The requirements of such notification.
21. To be served by sheriff of county in which person resides.
22. Return, verified by the sheriff, evidence of the proceedings.
23. If party fails to account, account to be given for prosecution.
24. Such copy of account certified by comptroller, sufficient evidence.
25. Defendant to pay costs, unless sued in a representative character.
26. When accounts are rendered, comptroller to examine, and to settle them.
27. When settled, comptroller to send copy to party.
28. Certified copy of account, sufficient evidence to support action for balance.
29. If, upon the trial, the defendant shall give any other evidence than was

adduced to the comptroller, he shall pay costs. 30. Where a number receive monies, comptroller may settle their accounts separ

ately. 31. I any one of them be sued, he can not plead non-rejoinder in abatement. 32. Nothing in this article to impair any other remedy.

$ 19. Whenever the comptroller shall deem it expedient, Notificahe shall issue a notification, in the name of the people of this state, to any person who shall have received monies belonging to the state, for which he shall not have accounted. In case of the death of such person, the notification shall be directed [173] to his legal representatives.

1 R. L., 478, § 15 & 16. $ 20. Such notification shall require, that within a limited Ib. period, not less than sixty nor more than ninety days from the date thereof, all the accounts and vouchers for the expenditure of such monies, shall be rendered to the comptroller.

R. L., 478, § 15 & 16. $ 21. Such notification shall be served by the sheriff of the How served county where the person to whom the same shall be directed, shall reside, by delivering a copy thereof to him, or by leaving such copy at his usual place of abode, at least forty days before the time limited in the notification for rendering such accounts and vouchers.

R. L., 478, § 15 & 16. S 22. The return of such notification to the comptroller's Evidence office, with the certificate of the sheriff endorsed thereon, thato the service has been made by delivering a copy of the notification to such person, or by leaving such copy at his usual place of abode, shall be conclusive evidence of the proceedings.

1 R. L., 478, § 15 & 16. S 23. In case the party shall fail to render such accounts and Proceed.

ings if no vonchers, within the time limited in such notification, the account comptroller shall state an account against him, charging interest at the rate of seven per cent. per annum, from the time the notification was served, and shall deliver a copy of such account to the attorney-general for prosecution.

of service,

1 R. L., 478, § 19.

rendered.

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