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TITLE 5

examining

concurrent resolutions of the two houses of the legislature, at 11 the session previous to the month of December in each year.

Concurrent resolutions of March 31, 1798, and February 23, 1810; Laws

of 1821, 162. $ 15. Such committee shall examine the accounts and Duty of vouchers relating to all monies received into and paid out of committee the treasury, during the year ending on the last day of November preceding such examination; and shall certify and report to the legislature at its next session, the amount of monies received into the treasury during such year; the amount of monies paid out of it during the same period by virtue of warrants drawn on the treasury by the comptroller; the amount of monies received by the treasurer who shall be in office at the time of such examination, when he entered on the execution of the duties of his office; and the balance in the treasury on the last day of November preceding such examination.

Concurrent resolutions of March 31, 1798, and February 23, 1810; Laws

of 1821, 162. $ 16. Such committee shall also compare the warrants Ib. drawn by the comptroller on the treasury, during the year ending on the said last day of November preceding, with the several laws under which the same shall purport to have been drawn, and shall in like manner certify and report whether the comptroller had power to draw such warrants; and if any shall be found, which in their opinion he had no power to draw, they shall specify the same in their report, with their reasons for such opinion.

$ 17. The major part of the members of such committee (179) may perform all the duties required by law of such committee. Ib.

S 18. Each member of such committee shall receive a com- Compensapensation of three dollars, for every day during which he shall be employed in the execution of the duties enjoined in the foregoing sections, to be paid out of the treasury.

tion.

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, &c.
3. When such fees to be paid out of the treasury.
4. To prepare drafts for comptroller or surveyor-general.
5. When required he shall attend courts of oyer and terminer.
6. When he so attends, to be reasonably paid out of treasury.
7. When to prosecute at request of governor, secretary of state, &c.
8. To attend trials for corrupting or attempting to corrupt members of legisla-

ture, &c. 9. To attend trial of indictments under laws against duelling. 10. Actions of ejectment to be prosecuted in supreme court. No such suit to be

commenced for benefit of individual, without consent of attorney-general. 11. No such consent to be given, unless individual files security for costs. 12. Defendant in any ejectment in which people are interested, to recover costs. 13. Where one person is indebted to state on different mortgages, &c., but one suit

to be commenced.

TITLE 5.

General duty

Costs and fees.

treasury.

he atto paid Collectentable for

drasts.

Sec. 14. When separate suits are instituted, attorney-general to consolidate them.

15. Debts, &c., received by attorney-general, to be paid into treasury. 16. Attorney-general not to act as attorney in private suits. 17. To keep register of suits, &c. § 1. It shall be the duty of the attorney-general to prosecute and defend all actions, in the event of which, the people of this state shall be interested.

1 R. L., 156, § 3; 347, $ 22; 2 Du., 667. S 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. When to be $ 3. Whenever any such taxable fees so paid by the attorneypaid out of

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.

1 R. L., 156, $ 3; 347, § 23. To prepare S 4. The attorney-general, whenever requested by the comp

troller or the surveyor-general, shall prepare proper drafts for (180] contracts, obligations, and other instruments which may be

wanted for the use of the state.

S 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, S 7. Compensa- $ 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 tain cases. request of the governor, the secretary of state, the comptroller,

the treasurer, or the surveyor-general, to prosecute every person who shall be 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.

S 8. He shall cause all persons who may be indicted, for corrupting 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.

To attend courts,

tion therefor.

To proseeute in cer

TITLE 5. To prose

tain cases.

$ 9. He shall also cause all persons who may be indicted for any offence against the laws for the prevention of duelling, cute in certo be brought to trial; and shall attend in person to the dis- lam ca charge of the duties hereby required of him.

2 R. L., 193, $ 7. $ 10. Every action of ejectment already commenced, or Ejectments

is brought by hereafter to be commenced, in the name of the people of this bim. state, either by the attorney-general, or with his consent, shall and may be sustained and prosecuted to judgment and execution, in the supreme court of this state, in like manner as if such action had been commenced by an individual; but no such suit shall be commenced for the benefit of an individual, without the consent of the attorney-general.

1 R. L., 485, 5; 8 B., 194. $ 11. No such consent shall be given by the attorney- Ib. general, unless the individual desirous to prosecute such suit, shall give security to the defendant for the payment of the taxable costs, in case the suit shall be determined in favor of the defendant. The security shall be filed in the office of one of the clerks of the supreme court, and be approved of by the clerk in whose office it shall be filed.

1 R. L., 485, $ 5; 8 B., 194. S 12. Whenever an action of ejectment shall be brought for (181) the purpose of escheating lands, or otherwise, for the benefit Ib. of the people of this state, by the attorney-general, or by the direction of the commissioners of the land-office, and the nominal plaintiff shall fail therein for any cause, or the action shall be discontinued, the defendant shall be entitled to costs in the same manner, and to the same extent, as if such action had been brought by an individual ; which costs, upon being duly taxed, shall be paid out of the treasury of this state, on the warrant of the comptroller.

R. L., 485, $ 6. S 13. In all cases where debts are due to the people of this When to state, by several mortgages, contracts or obligations of the one suit. same nature, executed by the same person, only one suit shall be commenced by the attorney-general against the debtor, or his representatives, for the monies so due.

1 R. L., 486, § 10. S 14. When the attorney-general shall institute separate When to actions, in behalf of the people of this state, against several saits. persons, on one mortgage, covenant or agreement, or who claim under the same title, it shall be his duty, when the defendants shall request it, to consent to a consolidation of such actions; and in every such case, there shall be but one taxation of costs against the defendants.

1 R. L., 486, $ 11. $ 15. All monies received by the attorney-general, for debts to pay due or penalties forfeited to the people of this state, shall be

entativ, the attorneysame person, onligations of the one that

coneolidate TITLE 6.

of hitoto hau be monies re

ceived.

in private suits.

6. paid by him, immediately after the receipt thereof, into the

treasury. Not to act S 16. The attorney-general shall not act as attorney in any

private suit, unless the people of this state shall be interested in the event thereof.

1 R. L., 418, § 10. Register.

$ 17. The attorney-general shall keep, in proper books to be provided 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.

Genral duties.

Map.

TITLE VI.

OF THE SURVEYOR-GENERAL.
SEC. 1. To superintend surveys and sales of lands belonging to state.

2. To keep in his office a map of state.
3. When he may order a special survey of the bounds of a town.
4. If supervisor of town neglect to make such survey, to be prosecuted.
5. In case of disputes between towns, as to bounds, surveyor-general to deter-

mine.
6. Determination to be filed in secretary's office.

7. Surveyor-general to account with comptroller for monies received by him. (182)

S 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.

S 2. He shall retain in his office a map of this state, and shall, from time to time, delineate therean the bounds of all

towns or counties erected or altered by the legislature. May require S 3. Whenever the bounds of a town already erected, or

that may hereafter be erected, or altered, shall appear to be so described in the act erecting or altering the same, that they cannot be delineated 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 surveyorgeneral's office.

1 R. L., 483, § 3; 2 R. L., 136, 31. S 4. In case of the refusal or neglect of any supervisor to perform 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.

S 5. Whenever a dispute shall arise between the officers of town lines. two or more towns, respecting the bounds of either of such

Burvey of towns,

Disputes

TITLE 1.

tion to be

towns, on 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.

$ 6. Such determination shall be filed in the office of the Determinasecretary of state, and shall be conclusive upon the subject, fled. until the legislature shall, by law, otherwise direct.

$ 7. He shall, from time to time, account with the comp- To account. troller for all monies received by him, in behalf of the state, or from the treasury. 1 R. L., 483, § 6.

TITLE VII.

OF THE STATE PRINTER.
SEC. 1. To print each session the journals of each house.

2. To be delivered to clerks of senate and assembly, and secretary of state.
3. To print copies of all documents ordered by either house to be printed.
4. All printing required by law for state and for the legislature, to be done by him.
5. He shall print a state paper in Albany.
6. To publish in such paper certified copies of laws, when directed.
7. Proof copy of every such law to be revised by secretary.

(183) 8. Laws so published may be read in evidence from paper. 9. To publish all notices required by law to be printed in state paper. 10. To print as many copies of laws as secretary shall direct. 11. To deliver them to secretary, bound in boards; and when. 12. Laws in volume printed by state printer, evidence. 13. Compensation of state printer.

$ 1. It shall be the duty of the state printer to print, during To print each session of the legislature, three hundred and twelve copies" of the journals of each house, as the same shall be, from time to time, delivered to him by the clerks of the senate and assembly.

$ 2. Twelve copies shall be delivered by him in sheets, as Disposition: they are printed, to the clerks of the senate and assembly, for th the use of their respective houses; and the remaining copies stitched, covered and bound in boards, with such indexes and appendixes printed by him, as shall be furnished to him for that purpose by the clerk of each house, shall be delivered by him, as soon as may be, after the close of each session, to the secretary of state.

S 3. He shall also print, for the use of the members of the Printing for: legislature, during its session, two hundred and fifty copies of tare. every bill, report, memorial or other document, the printing of which shall be ordered by either house; and where an extra number of copies shall be ordered, he shall, in like manner print the same. The copies so printed shall be delivered by him, to the clerks of the respective houses.

§ 4. All printing required by law, or by any concurrent certain resolution of the senate and assembly, to be done for this state, be done by or for either of the executive officers thereof, named in this bi Chapter, shall be executed by the state printer, unless otherwise specially provided by law.

journals.

thereof.

the legisla

1 R. L., 481, § 26.

him.

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