Noting of deeds, &c.

Town-clerk shall keep

books of the town, and give true copies.

Shall send to

the treasurer

of the state the name of

the constable

chosen to col

lect state tax.

Duties of Comptroller.

ments, or of any interest in them, lying in said town, delivered to him to be recorded; and also, all executions levied on lands or tenements, returned to him, by the officers levying the same, to be recorded; and also, an index or alphabet to the same, containing the names of the grantors and grantees, and also of the grantees and grantors, in alphabetical order. And the town-clerk or register, in every town, shall, on the receipt of any grant, deed, conveyance or mortgage of any houses, lands and tenements, note thereon the day, month and year when he received the same, and the record shall bear the same date and if any town-clerk shall be guilty of a breach of this section of this act, he shall, for every such breach, forfeit the sum of seventeen dollars to the treasury of the county to which he belongs.

SECT. 4. The town-clerks shall keep the books of their respective towns, and truly enter all the votes, grants and proceedings of the town, and shall give true copies of the same, as well as of all deeds and conveyances of lands or tenements, by them recorded, for the same fees as are allowed to the clerks of courts for copies and all copies of the votes and proceedings of towns, attested by the town-clerk, shall be admitted as evidence in all courts; and all attested copies of deeds, with a certifi cate from the town-clerk that they have been recorded, shall be conclusive evidence of such fact.

SECT. 5. The town-clerks, in each town, shall, annually, in May, send to the treasurer of the state, the names of the persons, in their respective towns, chosen constables to collect the state tax, on pain of forfeiting, for every such neglect, four dollars, one half to him who shall prosecute to effect, and the other half to the treasury of the town where such town-clerk lives.

TITLE 103. Treasury.

An Act establishing the Treasury Department.

SECT. 1.

E it enacted by the Senate and House of Rep resentatives, in General Assembly convened, That it shall be the duty of the comptroller of public accounts to prescribe the mode of keeping and rendering all public accounts, and to adjust and settle all demands against the state, except grants, and orders of the general assembly. It shall be, also, his duty to lay before the legislature, at the opening of each stated session, such plans and estimates as, in his opinion, may be expedient for lessening the public expenses; for using the public

money to the best advantage; for promoting frugality and economy in the public expenditures, and supporting the credit of the state; and in general, for the well ordering and regulating the business of his department. And he shall have free access to the public offices of the treasurer and secretary, and all other public offices and records, with full power to examine all books and papers therein, that have relation to his office.

SECT. 2. And it shall be his duty, from time to time, to examine and state the amount of the public debts and credits of this state, with the United States, or with any community, public officer, or individual; to examine, from time to time, into the collection of taxes; to point out the causes of delay in such collections, with what may, in his opinion, tend to remove them; to see that the officers of government, employed in that department, and in every other department of the revenue, faithfully execute their respective duties; and to report to the general assembly, all such as appear to be chargeable with abuse of their respective trusts; to institute suits at law, in the name of the state, against any person, or persons, or body of men, who have received any money or public property, in any way, or for any purpose, and have not duly accounted for the same, (the collectors of state taxes only excepted;) and for this purpose, may employ an attorney or attornies under him, to sue therefor, and the same to pursue to final judgment and execution: and the officer, who shall collect the money on such execution, and all other persons, who shall, by the appointment and order of the comptroller, receive the monies of this state, shall pay over the same to the treasurer, taking duplicate receipts therefor, one of which shall be lodged with the comptroller.

SECT. 3. It shall be the duty of the comptroller to prepare and return to the general assembly, in May, annually, and oftener, if thereto required, an abstract of the receipts and expenditures of the public funds, during the current year, ending on the thirty-first day of March, annually; exhibiting, under different heads, the salaries of the officers of government, debentures, and contingent expenses of the general assembly, expenses of new-gate prison, of state paupers, and all other expenses of government, together with the funds belonging to the state, and the public debt.

SECT. 4. It shall be the duty of the comptroller, upon the settlement of any claim or demand against the state, to draw an order on the treasurer for the payment thereof, in favor of the person or persons entitled to receive the same; and whenever any person shall decease, who,

Treasurer's bond.

Duties of treasurer.

at the time of his death, shall be indebted to the state, he shall exhibit the evidence of such debt, to the executor or administrator of such deceased debtor, as a claim against his estate.

SECT. 5. The person who shall be chosen treasurer of the state, shall, before he enters upon the execution of his office, give bonds, with surety, in the sum of twenty thousand dollars, to the state; which bond shall be taken by the governor, and shall be kept and registered, by the secretary of the governor, and shall continue during the time the same person shall be elected, and exercise the office of treasurer: and such treasurer shall be holden to give new bonds, whenever the same shall be required by the governor.

SECT. 6. It shall be the duty of the treasurer to superintend and direct the collection of the state taxes and revenue; to receive the money arising from the taxes, levied on the several towns in the state; the fines and forfeitures belonging to the state; the duties on writs and licences; the dividends on bank-stock belonging to the state; the interest on debts due from the United States; and all other revenue of the state from every other source; and to make proper entries and credits for the same in the public books.

SECT. 7. The treasurer shall pay out of the public monies in his hands, upon the order of the general assembly, of the senate, or of the house of representatives, and also upon the order of the supreme court of errors, of the superior court, and of the several county courts, when warranted by express law; and also, upon orders from the comptroller, for accounts liquidated and adjusted by him, pursuant to law, or where he is by law empowered to order the payment of money out of the treasury; for which payment the treasurer shall take receipts. He shall pay out none of the public money, except upon orders given as aforesaid; and no order, not drawn by the comptroller, shall be paid, unless registered in the books of the comptroller, and a certificate of such entry endorsed thereon.

SECT. 8. The treasurer, every year, shall make out a complete statement of all the receipts of money into the treasury, and of all the expenditures, and of all the debts and credits of the state, on or before the first day of April, and report the same to the general assembly, at their next session. The general assembly shall, annually, in treasurer's ac- May, appoint two meet persons to be auditors, who shall take the oath prescribed by law, and who, with the comptroller, shall audit the public accounts with the treasurer, and shall make a settlement of the debts and credits, as

Auditors of

counts.

paid.

far as the state of the accounts will admit, and report the same to the general assembly, at their next session. When Costs recoverthe treasurer is plaintiff in any action, and judgment shall ed against treasurer, how be rendered against him for costs, no execution shall be issued, but the party in whose favor judgment is rendered, may exhibit the same to the comptroller, who may allow such account, and draw an order on the treasurer for the payment thereof.

Clerks to fur

stracts of for

SECT. 9. The clerks of the superior court, and of the several county courts, shall, within twenty days after the nish comptrolrising of their several courts, make out and render to the ler with abcomptroller, a list or abstract of all forfeitures of bonds; and of all judgments, rendered by said courts, on bonds feitures, &c. or forfeitures of any kind, in favor of the state; and also, of all executions granted to any attorney for the state, or other public officer, on such judgments; and, also, a list or abstract of all fines, which have been imposed, payable to the state; and the comptroller shall debit the account of such officer, with the amount of the execution granted to him.

To render an

account of monies receiv

ed, annually.

SECT. 10. It shall be the duty of the attorney for the State's attorstate, in each county, to superintend the collection of all ney to collect fines, &c. fines, forfeitures and judgments, in favor of the treasury of the state, and to pay over the same according to law. The attorney for the state, in each county, and every other receiver of public money, shall, on or before the tenth day of May, annually, make out and render an account of all the monies received by him, for the use of the treasury, to the comptroller, in such form as shall be by him prescribed. And such attorney shall, also, at the same time, state an account of all fines, forfeitures and judgments, and debts, in favor of the state, in his hands for collection; and the comptroller shall debit the same to such attorney in his account.

the office to become va

SECT. 11. And if any attorney for the state, shall neg- On neglect, lect to render such account, and pay over the money by him received, for the use of the state, as above required, cant. his office shall become vacant; and it shall be the duty of the comptroller to give information, and certify such neglect to the county court, who appointed such negligent attorney; and such court shall appoint another attorney for the state in his place.

SECT. 12. All bills of costs in criminal prosecutions, taxed and allowed by the superior or county courts, shall be paid by the treasurer of the state, to the clerks of such courts respectively, who shall give bonds to the treasurer, to the satisfaction of the comptroller, for a faithful performance of their trust, and whose duty it shall be to pay over the same to the persons entitled to

Bills of costs

in criminal prosecutions, how paid, and accounted for.

it, taking their receipts therefor: and all sums not demanded within six months after the rising of the court, by which such bills of costs shall have been taxed, shall be deemed to be relinquished to the state; and such clerks shall account for the same with the comptroller, in the next settlement of their accounts, and shall be allowed a Commission. commission of five per cent on all monies so received and paid out.

Court fees,

for.

SECT. 13. It shall be the duty of each of the clerks of how accounted the superior court to account and settle with the comptroller, for all monies received by him as court fees, in the trial of any cause in said court; and they shall be allowed a commission of two and a half per cen. on all monies received as the avails of said court, and a like commission on all monies by them paid for the use of the

Commission.

Duties of county treas

urers.

ty courts.

state.

SECT. 14. The treasurer of each county shall make an entry, and give credit, for the fines and forfeitures belonging to the county; for the fees of the court; for the the taxes levied on the several towns in the county; and for all other monies belonging to the county, which shall come into his hands; and shall pay out the same, to the order of the county court, to discharge the expenses of the county; and shall make an annual statement of the receipts of money into the treasury, and of the expenditures, which shall be audited by the judges of the county

court.

Expenses and SECT. 15. The treasurers of the several counties, shall avails of coun- keep a true account of the expenses of the county courts, including the compensation to the judges, and the incidental expenses of the court; and also of the avails of the court, including the fines and penalties, collected and paid into the treasury, in each year: and it shall be the duty of each court, at their session next preceding the first day of May, annually, to settle and adjust their accounts; and if it shall appear, that the avails of any court shall be insufficient to defray the expenses for the year preceding such settlement, such court may present their Adjustment of accounts to the comptroller, for adjustment and settlement; and he shall draw an order, in favor of the treasurer of such county, on the treasurer of the state, for such sum as he shall find due to such court; and the treasurer shali pay the same accordingly provided, that in no case, shall any order be drawn for a greater sum than the amount of the duties arising on civil process, which shall be paid into the treasury of the state, in the year next preceding the presenting of their accounts to the comptroller.

accounts.