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$108. Whenever the comptroller deems it expedient he may issue a notice, in the name of the 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, §§ 27 to 30.

Comptrol

ler to issue

notice 10 any

person

accounted.

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 original party, shall pay the costs of the action in any event thereof.

1 R. S., 393, §§ 31, 33.

Comptroller 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.

Comptroller's ac

count is

1 R. S., 393, §§ 34 to 36.

§ 111. Copies of the accounts mentioned in the

evidence in two last sections, certified by the comptroller, shall

behalf of the state.

be presumptive evidence that the balance therein stated is due to the state, and from the

against whom is the account.

1 R. S.,
393, § 35.

person

accounting with joint

§ 112. Where any number of persons have re- Separate ceived monies for which they are accountable to debtors. the state, the comptroller may, in his discretion, settle the accounts of any one or more of them separately; and in such case no person, in any action brought for any balance certified to be due from him, shall take the objection that any other person was concerned with him in the receipt or expenditure of the monies.

1 R. S., 393, §§ 37, 38.

edies not

impaired.

§ 113. Nothing contained in the preceding five other remsections shall be construed to impair any legal remedy for the recovery of any debt due to the people of the state.

Ib., 393, § 39.

laws.

§ 114. The comptroller shall transmit annually, Auction by mail or otherwise, to each person who has given bonds as auctioneer, a copy of the statutes regulating auctions, as they are passed from time to time; and he shall also annually present to the legislature the returns made by the auctioneers.

Ib., 390, § 12.

of certain

statutes;

§ 115. He may from time to time cause to be Publication published, in one or more of the newspapers expenses. printed in the state, such statutes or parts of statutes relating to the payment of moneys due the state, or the duties of its public officers, as he deems necessary; and the expenses of the publica

Powers of deputy comptroller.

tion, and also all the reasonable expenses of the comptroller, when necessarily absent on official business, shall be paid out of the treasury.

1 R. S., 391, §§ 17, 22.

§ 116. The deputy comptroller may perform any of the duties of his principal, except the drawing of warrants on the treasury, the auditing of public accounts, and the duties of the comptroller as commissioner of the land office, commissioner of the canal fund and state canvasser. But during an absence of such principal from the state, or a vacancy in the office, he shall perform all the duties attached by law to the office of his principal.

1 R. S., 21; 408, § 18.

General du. ties of the treasurer.

ARTICLE VI.

GENERAL PROVISIONS RESPECTING THE TREASURER.

SECTION 117. General duties of the treasurer.

118. Deposits in the Manhattan Bank.

119. Duties of banks keeping deposits of the treasurer.

120. Mode of drawing funds.

121. Treasurer to give bond.

122. Discharging the bond.

123. Powers of deputy treasurer.

124. Committee to audit treasurer's accounts at close of fiscal

year.

125. Course of the examination.

126. Committee to audit treasurer's accounts when he leaves office.

§ 117. It is the duty of the treasurer:

1. To receive all monies which shall, from time to time, be paid into the treasury of this

state,' and to deposit the same, except such as belong to the canal fund, within three days after receiving them, to the account of the treasurer, in such bank or banks in the city of Albany as in the opinion of the comptroller and treasurer shall be safe, and pay the highest rate of interest to the state therefor;'

2. To keep a bank book, in which shall be entered his account of deposits in bank, and monies drawn therefrom, and to exhibit the same to the comptroller, for his inspection, on the first Tuesday in every month, and oftener, if required;'

3. To pay all warrants legally drawn on the treasury by the comptroller or by the auditor of the canal department; and no monies shall be paid out of the treasury, except on the warrant of the comptroller or auditor;'

4. To report to the legislature, at its annual session, the exact balance in the treasury to the credit of the state, with a summary of the receipts and payments of the treasury during the preceding fiscal year, and as far as practicable an account of the same down to the termination of the current calendar year, which report shall also present the total amount of transfers and assign

11 R. S., 395, § 1.

" Ib., 396, § 8.

⚫ Ib., 396, § 14.

1 R. S., 395, § 5; 425, § 14, &c.; People
v. Schoonmaker, 3 Kern., 283.
1 R. S., 396, §7; 408, §§ 21, 22.

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