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before him, and to answer orally as to any facts relating to its correctness.

1 R. S., 389, $ 5.

Ropayment of monies paid under mistake.

1

$ 103. Whenever he is satisfied that monies have been paid into the treasury through mistake, he may

draw his warrant therefor on the treasurer, in favor of the person who made such payment; but this provision shall not extend to payments on account of taxes, nor to payments on bonds and mortgages.

1 R. S., 391,

18.

Releasing lands from liens.

§ 104. He may, with the consent of the attorney-general, if they are satisfied that the interests of the state will not be prejudiced, release any portion of real property, subject to a judgment in favor of the people of this state, from the lien created by such judgment; and he may also acknowledge satisfaction of a judgment in favor of the people, when it is satisfied by payment.

1 R. S., 406, SS 6, 9.

Disposition of certain eurplus monies.

§ 105. Whenever any real property mortgaged to the people of this state, or bought in for the benefit of the state, or for which a certificate shall have been given to a former purchaser, is sold by the attorney-general on a foreclosure by notice, or under a judgment, or is resold by the state engineer and surveyor, for a greater sum than the amount due to the state, with costs and expenses, the surplus monies received into the treasury, after a

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of certain surplus

conveyance has been executed to the purchaser, shall be paid to the person legally entitled to such real

property at the time of the foreclosure or of the forfeiture of the original contract; but the comptroller shall not draw his warrant for surplus money, unless upon satisfactory proof by affidavit or otherwise, of the legal right of such person.

1 R. S., 407, § 10. § 106. Whenever any real property purchased Disposition by the attorney-general in behalf of the state on moneys. the foreclosure of mortgage, is resold by the commissioners of the land office for a greater sum than the amount bid by the attorney-general on such purchase, the comptroller shall give credit to the mortgagor, on his bond, for the amount at which the same were resold, after deducting therefrom the costs and expenses of such sale ; and if the same be resold for an amount greater than the amount due to the people of this state from the mortgagor, or if the mortgagor shall have paid into the treasury the balance due on his mortgage, after the purchase by the attorney-general; and if on the resale thereof by the commissioners of the land office, there is any excess above the amount due to this state, and the costs and expenses of such foreclosure, purchase and sale, the comptroller shall refund such excess to the mortgagor, his assignee or other person entitled thereto; and if there be interfering claims to such surplus moneys the comptroller shall refer such claims to the attor

Comptrol. Jer to pur. chase fuel,

noy-general, whose decision, as to the rights of the respective claimants, shall be conclusive in respect to any claim against the state.

1 R. S., 407, $$ 11, 12. § 107. Fuel and stationery for the senate and assembly, and the requisite stationery for recording their official proceedings, fuel and stationery for the several state offices except those of the bank superintendent and the insurance superintendent, and fuel to be used in the capitol, so far as a probable estimate thereof for a year or less period can be made, shall be purchased on sealed proposals to be received on public notice.

The comptroller shall employ the proper agents to execute this section; shall fix, and, by his warrant on the treasury, pay their compensation, and the expense of the purchases. He shall from time to time make regulations in respect to giving such notice and accepting proposals, and requiring security for performance, and in respect to preserving the fuel and stationery, distributing them to the proper offices and departments for use, and accounting for the use thereof; which regulations, and the purchases and distributions made, he shall report to the legislature at their annual session. The cost of the fuel and stationery distributed to the canal department shall be refunded to the treasury by the commissioners of the canal fund.

1 R. 8., 391, 8 26.

accounted.

§ 108. Whenever the comptroller deems it expe- her to sono

Comptrol. dient he may issue a notice, in the name of the Peon people, to any person who has received moneys belonging to the state, for which he has not accounted, and in case of his death, to his legal representatives, requiring that within a limited period, not less than sixty nor more than ninety days from its date, all the accounts and vouchers for the expenditure of such moneys shall be rendered to the comptroller; which notice shall be served by the sheriff of the county where the person to whom it is directed resides, by delivering a copy to him, or by leaving a copy at his usual place of residence, at least forty days before the expiration of the time limited therein; and the sheriff's certificate of service, specifying the time and manner, shall be evidence thereof.

1 R. S., 329, SS 27 to 30.

of claim.

§ 109. If the person served fail to render such Prosecution accounts and vouchers within the time limited, the comptroller shall state an account against him, charging interest at the rate of 7 per cent per annum from the time the notice was served ; a copy of which account shall be delivered to the attorney-general for prosecution ; and the defendant, unless sued as the representative of the origi

pay
the costs of the action in

nal party,

party, shall

any event thereof.

1 R. S., 393, 88 31, 33.

Comptrol Jer to settle accounts if

§ 110. Whenever accounts and vouchers are rendered. rendered pursuant to such notice, or without notice,

the comptroller shall proceed immediately to examine them, and if they are regular and sufficient shall settle the account, but if any necessary voucher is wanting, or, in his opinion, insufficient, he shall give notice to the person tendering the account and require him to supply the defect within a limited period, of not less than sixty nor more than ninety days; and at the expiration of the time limited, the comptroller shall settle the account upon the vouchers and proofs which have been delivered to him. A copy of the account so settled, he shall transmit to the person who rendered the account, and if a balance is certified to be due to the state, and the same is not paid to the treasurer within ninety days thereafter, the comptroller shall deliver a copy of the account to the attorney-general for prosecution; and if on the trial of the action the defendant give any evidence other than such as was produced to the comptroller, he shall pay the costs of the action in any event thereof.

1 R. S., 393, SS 34 to 36.

Comptrol. ler's

ac behalf of the state.

§ 111. Copies of the accounts mentioned in the evidence in two last sections, certified by the comptroller, shall

be presumptive evidence that the balance therein stated is due to the state, and from the person against whom is the account.

1 R. S., 393, $ 35.

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