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troller, 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.]

ART 3.

of part of

§ 37. When any part or subdivision, for which a separate account Discharge has been opened, shall have been fully paid, the comptroller shall, if mortgage. 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 authorise the secretary of state or county clerk to enter a minute of such payment on the margin of the registry of such mortgage.

[1 R. L., 475, §§ 3, 4.]

§ 38. If the part or subdivision so paid off, be a part or subdivi- I. sion 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 of part have paid into the treasury, the full proportion of principal and separate interest due thereon, though no separate account shall have been opened therefor.

[1 R. L., 475, §§ 3, 4.]



§ 40. Every person claiming the benefit of the thirty-third and Duties of 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, §§ 3, 4.]

ment of

§ 41. The comptroller may, in his discretion, on the request in Assign writing of the owner or owners of any land mortgaged to the people mortgages. 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.

[L. 1822, 193, § 1; L. 1825, 441, § 1.]

[Various additional provisions relating to the comptroller will be found in statutes relating to particular subjects scattered throughout this compilation; see particularly chapter 9, post.]



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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.

14-18. Repealed.

SECTION 1. The treasurer shall receive all monies which shall, 1 Lans., 48; from time to time, be paid into the treasury of this state.

75 N. Y.,


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[1 R. L., 472, § 1. |

§ 2. The treasurer shall, within ten days after he receives 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 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.]

§ 4. After such new appointment shall have been made, and 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.

[1 R. L., 472, § 6.]

§ 5. The treasurer shall pay all warrants drawn by the 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, § 9.]

§ 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.]

§ 7. The treasurer shall deposit all monies that shall come to his TITLE 4. hands on account of this state, except such as belong to the canal Deposits. fund, within three days after receiving the same, in such bank or 75 N., banks in the city of Albany, as in the opinion of the comptroller 547. and treasurer, shall be secure, and pay the highest rate of interest to the state for such deposit.

[See L. 1837, ch. 2, § 3; in ch. 9, post.]

1 Lans., 48;

§ 8. All monies directed by law to be deposited in the Manhattan Ib. 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 Ib. 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 state 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.



§ 10. The monies so deposited shall be placed to the account of Bank 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.]


§ II. The said banks shall respectively transmit to the comptroller, Monthly monthly statements of the monies which shall be received and paid by them on account of the treasury.

[L. 1821, 162, § 2.]

75 N. Y.,

§ 12. The treasurer shall not draw any monies from such banks, Checks. unless by checks subscribed by him as treasurer, and countersigned 547. by the comptroller; and no monies shall be paid by either of the said banks, on account of the treasury, except upon such checks. [L. 1821, 162, § 2; 1 R. L., 473, § 3.]

to be ex

§ 13. The treasurer shall exhibit his bank book to the comptroller Bank book for his inspection, on the first Tuesday in every month, and oftener, hibited. if required.

[L. 1821, 162, § 2; 1 R. L., 473, § 3.]

[Sections 14-18 were repealed by L. 1841, ch. 218, post, which provides a substitute therefor. For various additional provisions, relating to the treasurer, see ch. 9. post.]

L. 1831, Chap. 320-An act relative to the finances of this state, and the duties of the comptroller and the commissioners of the canal fund.

May appoint a deputy. § 21. The treasurer is hereby authorized to appoint a deputy treasurer who may perform any of the duties of the treasurer (except the signing of checks, and the duties of the treasurer as commissioner of the landoffice, commissioner of the canal fund, and state canvasser), and for whose conduct the treasurer shall be responsible.

[The remainder of this statute is in chapter 9, post.]

L. 1839, Chap. 23-An act providing for the settlement of the accounts of the treasurer of this state.

Committee how to be appointed. SECTION 1. Whenever any treasurer of this state shall die or resign during the year for which he was elected, or shall be succeeded at the expiration of his term by another person, duly elected to the same office, there may be appointed by concurrent resolution of the senate and assembly, a committee of three persons, one senator and two members of assembly, by the respective houses, to examine the accounts of such treasurer.

[Sec. 2 is omitted as temporary.]

Committee how to be governed. § 3. The committees under this act shall be governed in their examination, certificate and report, by the provisions of title fourth, chapter eighth, of the first part of the Revised Statutes; and their certificate shall have the same effect as that of a committee on the treasurer's accounts under the said title.

[See L. 1841, ch. 218, post, repealing the provisions of title 4, referred to in the foregoing section.]

L. 1841, Chap. 218 – An act relating to the examination of the treasurer's accounts, and the canal and banking departments.

Canal department. SECTION 1. All business relating to the canals of this state, and improvements connected there with required to be performed by the commissioners of the canal fund, the canal board and the comptroller, shall be transacted in rooms appropriated for that purpose in the state-hall to be denominated the canal department, and the chief clerk now authorized to be appointed by the commissioners of the canal fund, pursuant to the act passed May 13, 1840, shall be known and recognized in law as chief clerk of said department.

Treasurer's accounts when to be closed and examined annually. § 2. The accounts of the treasury shall be annually closed on the thirtieth day of September, and shall be examined during the months of October, November and December in each year by a joint committee consisting of one member of the senate and two of the assembly, to be appointed by ballot under concurrent resolution of the two houses of the legislature at the session previous to said time of examination in each year; the said committee shall during the same time examine into the condition of the banking department, pursuant to the act passed May 14, 1840. Duty of committee to examine treasurer's accounts. § 3. Such committee shall examine the accounts and vouchers relating to all moneys received into and paid out of the treasury, during the year ending on the thirtieth of September preceding such examination, and shall certify and report to the legislature at its next session the amount of moneys received into the treasury during such year, the amount of moneys paid out of it, during the same period, by virtue of warrants drawn on the treasury by the comptroller; the amount of moneys received by the treasurer who shall then 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 thirtieth day of September preceding such examination.

Warrants to be compared with laws. § 4. Such committee shall also compare the warrants drawn by the comptroller on the treasury during the year ending on the said thirtieth day of September 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.

Accounts of commissioners of canal fund to be examined. § 5. Such committee shall also examine the accounts of the commissioners of the canal fund, of the canal commissioners, of the superintendents of repairs and collectors of tolls, and all

other accounts kept in the canal department, and report to the next legislature the condition of those accounts and whether the receipts and disbursements have been made according to the provisions of law, and also to report the receipts and. disbursements on account of each and every canal and improvement respectively. Majority of committee to act. § 6. The major part of the members of such committee may perform all the duties required by law of the committee.

Pay of committee. § 7. The members of the committee appointed by this act, shall receive the same compensation from the treasury for services and travel as is allowed to members of the legislature.

[Section 8 repeals portions of the R. S.]

L. 1862, Chap. 21-An act providing for the distribution of soldiers' allotments.

State treasurer to receive money allotted and receipt for the same. SECTION 1. It shall be the duty of the treasurer of this state to receive from the paymaster general of the United States army, or from the secretary of the treasury of the United States, such sum or sums as may have been or may hereafter be assigned by volunteers in the service of the United States for the benefit of their families. or others, in conformity with orders of the war department and to give the necessary receipts therefor.

Treasurer to make a list of persons and transmit them to county treasurers. § 2. The treasurer of this state, as often as once in every three months shall cause to be made a list of all persons to whom moneys are assigned, classified by counties, and shall mail to the county treasurer of each county the list of assignees residing in such county.

County treasurers to give notice of list to assignees; moneys to be drawn on draft and written request of assignee. §3: It shall be the duty of the county treasurer immediately, on receiving the list from the treasurer of the state to give notice thereof to the assignees and to ascertain if it be their desire to receive the moneys assigned to them, through the county treasurers. In all cases where such is their desire, it shall be the duty of the county treasurers to procure a written request to that effect, which shall accompany their drafts upon the treasurer of the state, and no moneys shall be drawn from the treasurer of the state unless it. be upon such draft and upon the written request of the said assignee, the identity of whom shall be duly certified by the supervisor or a justice of the peace of the town or ward where the assignee resides, but the request when once made shall remain in force until finally revoked in writing.

County treasurer to keep record. § 4. County treasurers shall enter the names, rank, pay per month, amount to be reserved, name and address of assignees on a list prepared for that purpose, which shall be preserved as a permanent record of his office and shall require the signature of the assignee or his or her order in writing, in receipting from time to time for the amount assigned.

Comptroller to draw his warrant on treasurer. § 5. The comptroller shall draw his warrant upon the treasurer in favor of county treasurers upon their complying with the provisions of this act. All moneys uncalled for and remaining in the hands of county treasurers for the period of one year, shall be repaid by them to the treasurer of the state. The aggregate of the sums hereby authorized to be paid over to the county treasurers is hereby appropriated payable as aforesaid and for the purposes named. No fee or charge shall be made or received by any officer

under this act.

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