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Deposits in

the Manhattan Bank.

Duty of

banks keeping deposits


ments of securities made by the bank superintendent, and countersigned by the treasurer;'

5. To do such acts in respect to the banking and insurance departments, as are prescribed by the provisions respecting Banking and Insurance contained in the CIVIL CODE.

1 Laws of 1857, ch. 103, § 3.


* Laws of 1857, ch. 103.

§ 118. 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 there remain, subject to be drawn as the same may be required, or to be transferred by the comptroller to banks designated pursuant to subdivision one of the preceding section, whenever he deems that the interests of the state will be promoted thereby.

1 R. S., 396, §§ 9, 10.

§ 119. Each of the banks having state deposits

of the trea- shall every month transmit to the comptroller a statement of the monies which have been received and paid by them on account of the treasury.

Mode of drawing funds.

Treasurer to give bond

1 R. S., 396, § 12.

§ 120. The treasurer shall not draw nor shall such banks pay any monies on account of the treasury, except by checks subscribed by him as treasurer and countersigned by the comptroller. 1 R. S., 396, § 13.

§ 121. 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 in the sum of $50,000, with not less
than four sufficient sureties, to be approved by the
president of the senate and speaker of the house of
assembly, conditioned that he will faithfully exe-
cute the duties of his office: which bond shall be
deposited in the office of the secretary of state,
and shall be deemed to extend to the faithful exe-
cution of the office of treasurer by the person
elected thereto, until a new appointment of trea-
surer be made and a new bond given thereunder.
1 R. S., 395, §§ 2, 3.

ing the


§ 122. After the new appointment is made, and Discharg such new bond given, upon the filing in the office of the secretary of state of a certificate from the commissioners who shall have examined and settled the accounts of the treasurer of the preceding year, certifying that such accounts are regularly stated and balanced, and that the balance, if any there be, in moneys, 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 canceled.

1 R. S., 395, § 4.



§ 123. The deputy treasurer may perform any Powers of of the duties of the treasurer, except the signing of checks, and the duties of the treasurer as commis


sioners to audit trea

surer's accounts at close of

sioner of the land office, commissioner of the canal The treasurer is re

fund, and state canvasser.

sponsible for the conduct of his deputy.

1 R. S., 396, § 6.

§ 124. The accounts of the treasury shall be

annually closed on the 30th of September, and fiscal year. examined during the months of October, Novem

Course of the examination.

ber and December by commissioners appointed by and pursuant to "An act to provide for the examination annually of the accounts of the treasurer and canal department, and the securities of the banking department," passed April 15, 1857. The commissioners shall, during the same time, examine into the condition of the bank, insurance and canal departments.

1 R. S, 306, § 15; Laws of 1857, ch. 592. We have added the insurance department to those mentioned by the statute.

§ 125. The commissioners shall examine the accounts and vouchers relating to all moneys received into and paid out of the treasury during the preceding fiscal year, and shall certify and report to the legislature at its next session the amount of moneys received into and the amount of moneys paid out of the treasury during such year by virtue of warrants drawn on the treasury by the comptroller or by the auditor, the amount of moneys received by the treasurer when he entered his office, and the balance in the treasury at the close of the

fiscal year. They shall also compare the warrants drawn by the comptroller or auditor, on the treasury during such fiscal year with the several laws under which the same purport to have been drawn, and shall in like manner certify and report whether the comptroller or auditor had power to draw such warrants; and if any are found which in the opinion of the commissioners he had no power to draw, they shall be specified, with the reasons for the opinion. The majority of the committee may perform all its duties.

1 R. S., 397, §§ 16, 17, 19, 20; Laws of 1857, ch. 592.


sioners to audit trea

counts when he leaves


§ 126. Whenever the treasurer dies or resigns during his term, or is succeeded at the expiration of surer's ac his term by another, these commissioners shall examine his accounts. They shall be governed, in their examination, certificate and report, by the provisions of the preceding section.

1 R. S., 397, §§ 21, 22.




SECTION 127. General duties of the state engineer and surveyor.

128. New surveys of towns.

129. Supervisor who fails to make survey, to be prosecuted.
130. Dispute as to town lines.

131. Power of deputy.

From 1 R. S., 400, 401; Ib., 1232, § 30, subdiv. 103, 104.


duties of

the state


and surveyor.

§ 127. In addition to the duties in respect to the canals, prescribed by law, it is the duty of the state engineer and surveyor:

1. 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;

2. To retain in his office a map of this state, and from time to time to delineate thereon the boundaries of all towns or counties erected or altered by the legislature;

3. To collect and preserve all maps, plans, drawings, levels and surveys made for the use of the state;

4. To preserve together in his office, and open to the inspection of the citizens of the state at all reasonable hours, all maps, drawings and other documents furnished to his office in pursuance of the provisions of title III of this Code, entitled "Public ways;"

5. To make an annual report to the legislature, containing the reports received from railway companies, and presenting the information contained in them, in a tabular form, preserving under the various heads of expenses of each company the distinction between the cost of freight traffic and of passenger traffic.

1 R. S., 1232, § 30, subdiv. 103, 104.

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