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TITLE 3 Proceedings if no account rendered.
Proceedings if account be rendered.
24. Such copy, certified by the comptroller, shall be sufficient evidence to support an action for the balance therein stated, subject to the right of the defendant to plead and give, in evidence, all such matters as shall be legal and proper for his defence or discharge.
R. L., 478, § 19. S 25. The party so sued, shall be subject to the costs and charges of suit, whether the ultimate decision be against him, or in his favor, unless sued as the representative of the original party.
1 R. L., 478, § 19. S 26. Whenever accounts and vouchers are rendered within the time limited in a notification, or without any notification being issued, the comptroller shall proceed immediately to examine the same, and if such accounts and vouchers are regular and sufficient, shall liquidate and settle them; but if any of the necessary vouchers are wanting, or are, in his opinion, insufficient, he shall give notice to the party, and require him to supply such defect, within the period of not less than sixty, nor more than ninety days; and at the expiration of the time limited, the comptroller shall liquidate and settle such accounts, upon the vouchers and proofs which shall have been delivered to him.
1 R. L., 478, § 17. $ 27. When the comptroller shall have settled any such account, he shall transmit a copy of the account, as settled by him, to the party; and if any balance is certified to be due to the state, and the same shall not be paid to the treasurer within ninety days thereafter, the comptroller shall deliver a copy of such account to the attorney-general, for prosecution.
1 R. L., 478, & 17. $ 28. Such copy, certified by the comptroller, shall be sufficient evidence to support an action for the balance therein stated, subject to the right of the defendant, to plead and give in evidence all such matters as shall be legal and proper for his defence or discharge.
R. L., 478, $ 17. $ 29. If any such defendant shall, upon the trial in any such action, give any evidence other than such as was produced to the comptroller, such defendant shall be subject to the costs and charges of such suit, whether the ultimate decision shall be against him, or in his favor.
1 R. L., 478, § 17. $ 30. Where any number of persons shall have received any monies for which they are accountable to the state, the comptroller may, in his discretion, settle the accounts of any one or more of them, separately.
1 R. L., 478, § 18. S 31. In such case, no person shall be allowed to plead in
 Proceedings when account is settled.
he shall trand if an not be paid shall d
abatement, to any suit to be brought for any balance which shall be certified to be due from him or them, or to give in evidence upon the trial thereof, that any other person was concerned with him or them, in the receipt or expenditure of the said monies.
1 R. L., 478, § 18. $ 32. Nothing in this Article contained shall be construed Proviso. to impair any legal remedy which might be used, if this Article was not in force, for the recovery of any debt due or to become due to the people of this state. 1 R. L., 478, § 22.
ARTICLE THIRD. .
FROM, OR MORTGAGED TO, THE PEOPLE OF THIS STATE.
34. To apply prior payments to the credit of part.
 41. Comptroller may assign mortgages given to state. $ 33. It shall be the duty of the comptroller, on application Separate
accounts. to him for that purpose, to open accounts in his office against any person, for any part or subdivision of any lot of land purchased from, or mortgaged to the state, for the proportionate part of the monies due to the state on any such part or subdivision, and thereafter to give credit for the payments on the several parts or subdivisions, as the persons making such payments may require.
1 R. L., 476, $ 4; Laws of 1815, 10, 8 3. S 34. The comptroller may pass any prior payments, to the Prior pay. credit of any part or subdivision, which shall appear by satisfactory proof, to have been originally intended to be paid on such part or subdivision, or by, or for the use of, the person claiming the credit, whether so expressed in the receipts or not; but no part of any such payments shall go to the reduction of the principal due on any such part or subdivision, unless the payments shall exceed the interest, calculated on the principal due, on such part or subdivision, to the day when such part or subdivision is to be paid off, or a new account to be opened therefor.
1 R. L., 476, § 5. $ 35. Where it appears that separate receipts were given Receipts. by the treasurer, for any payments which may be claimed to be credited to the account of any such part or subdivision, the receipts shall be delivered up to the comptroller, to be filed in his office.
1 R. L., 476, 8 5.
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S 36. Whenever any mortgage given to the people of this state shall be paid, the treasurer's receipt, countersigned by the comptroller, setting forth that the whole sum due on any such mortgage has been paid shall be a sufficient discharge of such mortgage; and the secretary of state or county clerk, in whose office any such mortgage shall have been registered, shall enter a minute of such payment on the margin of the registry of such mortgage.
1 R. L., 475, $ 2. S 37. When any part or subdivision, for which a separate account has been opened, shall have been fully paid, the comptroller shall, if the same be a part or subdivision of a lot mortgaged to the people of this state, discharge the same from such mortgage; and his certificate shall be sufficient to authorize the secretary of state or county clerk to enter a minute of such payment on the margin of the registry of such mortgage.
R. L., 475, $$ 3, 4. $ 38. If the part or subdivision so paid off, be a part or subdivision of a lot purchased from, but not granted by the state, then the comptroller shall certify that such part or subdivision has been so paid off.
1 R. L., 475, $$ 3, 4. $ 39. The comptroller may also execute the like discharge or certificate, whenever the owner of any such part or subdivision, shall have paid into the treasury, the full proportion of principal and interest due thereon, though no separate account shall have been opened therefor.
1 R. L., 475, SS 3, 4. S 40. Every person claiming the benefit of the thirty-third and thirty-ninth sections of this title, shall produce a map and return of survey of the whole lot, showing particularly the part or subdivision owned by him, and shall also produce satisfactory proof, that the residue of the lot is sufficient security for the sum remaining due thereon.
1 R. L., 475, SS 3, 4. $ 41. The comptroller may, in his discretion, on the request in writing of the owner or owners of any land mortgaged to the people of this state, who shall then be in the actual possession of such land, assign such mortgage, together with the bond or other collateral instrument accompanying the same, to such person as shall be named by such owner or owners; on payment by such assignee, into the treasury, of the amount of principal and interest due on such mortgage.
Laws of 1822, 193, § 1; 1825, 441, $ 1.
(176) Discharge of part without separate account.
Duties of applicants.
Assignment of mortgages.
land, ass; who shall the any land me the reqı
OF THE TREASURER. SEC. 1. Treasurer to receive monies paid into treasury.
2. To give bond in sum of fifty thousand dollars. 3. Effect of bond. 4. When bond of former treasurer to be given up. 5. No monies to be paid by him, except on warrant of comptroller. 6. Treasurer to report annually to legislature. 7. Monies received by treasurer, where to be deposited. 8. Monies deposited in Manhattan bank in New York, subject to be drawn for. 9. Disposition to be made of those monies. 10. Treasurer to keep a bank book with such banks. 11. Said banks to transmit monthly accounts to treasurer. 12. Monies to be drawn by checks of treasurer, countersigned by comptroller. 13. Treasurer to exhibit his bank book to comptroller monthly. 14. Treasurer's accounts to be annually closed, and examined by a committee. 15. Committee to make such examination, and report to the legislature. 16. Committee to compare warrants of comptroller with the laws. 17. Legislature to supply vacancies in the committee. 18. Each member to receive three dollars a day. S 1. The treasurer shall receive all monies which shall, Daty. from time to time, be paid into the treasury of this state.
$ 2. The treasurer shall, within ten days after he receives Bond. notice of his election, and before he enters upon the execution of his office, give a bond to the people of this state in the sum of fifty thousand dollars, with not less than four sufficient sureties, to be approved of by the president of the senate and speaker of the house of assembly, conditioned that he will faithfully execute the duties of his office; which bond shall be deposited in the office of the secretary of state.
1 R. L., 472, § 1. $ 3. Such bond shall be deemed to extend to the faithful lb. execution of the office of treasurer, by the person elected thereto, until a new appointment of treasurer be made, and a new bond given, under such appointment.
1 R. L., 472, § 1. S 4. After such new appointment shall have been made, and Ib. such new bond given, upon the filing in the office of the secretary of state, of a certificate from the committee who shall have examined and settled the accounts of the treasurer of the preceding year, expressing that such accounts are regularly stated and balanced, and that the balance, if any there be, in monies, securities, and other effects, is actually in the treasury, or deposited as by law directed, the bond given by such treasurer and his sureties shall be discharged, and delivered up to be cancelled.
R. L., 472, $ 6. $ 5. The treasurer shall pay all warrants drawn by the Payments. comptroller on the treasury; and no monies shall be paid out of the treasury, except on the warrant of the comptroller.
1 R. L., 477, 89.
TITLE 4. Annual report.
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$ 6. The treasurer shall exhibit to the legislature, at its annual meeting, an exact statement of the balance in the treasury to the credit of the people of this state; with a summary of the receipts and payments of the treasury during the preceding year.
1 R. L., 473, § 5. Deposits. S 7. The treasurer shall deposit all monies that shall come
to his hands on account of this state, except such as belong to the canal fund, within three days after receiving the same, in such bank or banks in the city of Albany, as in the opinion of the comptroller and treasurer, shall be secure, and pay the highest rate of interest to the state for such deposit.
S 8. All monies directed by law to be deposited in the Manhattan bank, in the city of New York, to the credit of the treasurer, shall remain in said bank, subject to be drawn for as the same may be required. .
$ 9. The comptroller may transfer the deposits in the Manhattan bank from time to time to the bank or banks in the city of Albany, in which the monies belonging to this state shall be deposited, pursuant to the foregoing seventh section of this Title, so often as it will be for the interest of the stato to transfer such deposits; but the comptroller may continue
such deposits in the Manhattan bank, if the said bank shall  pay a rate of interest to the state for such deposits, equal to
that paid by the bank or banks in Albany, in which the state deposits shall be made.
S 10. The monies so deposited shall be placed to the account of the treasurer; and he shall keep a bank book, in which shall be entered his account of deposits in, and monies drawn from, the banks in which such deposits shall be made.
1 R. L., 473, $ 3. Monthly $11. The said banks shall respectively transmit to the
comptroller, monthly statements of the monies which shall be received and paid by them on account of the treasury.
Laws of 1821, 162, $ 2. $ 12. The treasurer shall not draw any monies from such banks, unless by checks subscribed by him as treasurer, and countersigned by the comptroller ; and no monies shall be paid by either of the said banks, on account of the treasury, except upon such checks.
Laws of 1821, 162, $2; 1 R. L., 473, $ 3. Bank book S 13. The treasurer shall exhibit his bank book to the comptibile troller for his inspection, on the first Tuesday in every month, and oftener, if required.
Laws of 1821, 162, & 2; 1 R. L., 473, 8 3. S 14. The accounts of the treasury shall be annually closed en closed on the last day of November, and shall be examined in the
month of December, in each year, by a committee of not less than three nor more than five persons, to be appointed by
Bank ac counts.
10. The monieand he shall keeps its in, and mon