ty to inform the attorney-general, and require him to make every le- TITLE 2 gal or equitable defence, against such suit or proceedings.

$13. The governor may employ such able counsel and other per- I. sons, as he may judge proper, to assist the attorney-general in making such defence.

$14. Such sums of money, as the governor shall certify to be rea- . sonable and just, for the payment of counsel fees, and other expenses incurred in every such defence, or as an allowance to the attorneygeneral for his services and expenses therein, shall be paid out of the treasury.

$15. The governor may also employ such counsel as he may deem proper, to assist the attorney-general in any suit prosecuted or defended by him, in behalf of this state; and the reasonable compensation of such counsel, to be certified by the governor, shall be paid out of the treasury.8

16. It shall be the duty of the governor to transmit, free of ex- Session lawa. pense, to the executive of each state in the union, three copies of the acts of each future session of the legislature of this state, as soon as the acts shall be printed, and to request a similar communication to be made to him, of the laws of the several states.

other state.

$ 17. Whenever, in pursuance of such request, the statutes of any Laws of other state shall be received by the governor, he shall deposit one copy thereof in the state library, one in the senate chamber, and one in the assembly chamber; if but one copy be received, it shall be deposited in the state library.9

$18. All expenses incurred in the execution of the duties pre- Expenses. scribed by the two last preceding sections, shall be paid out of the treasury.9

vision.

$ 19. Every provision in the constitution and laws of this state, in General relation to the powers and duties of the governor, and in relation to acts and duties to be performed, by other officers or persons, towards him, shall be construed to extend to the person administering, for the time being, the government of the state.

pro

TITLE II.

OF THE SECRETARY OF STATE.

Sec. 1. Secretary of state to have care of all books and papers deposited in his office.

2. All deeds to state, to be deposited there.

3. To provide books for recording depositions of resident aliens.

4. Copies of papers in his office certified by him, &c. evidence.

5. Secretary of state to attend legislature, to receive bills that become laws.

6. To cause original laws passed at each session to be bound.

(8) 1 R. L. 156, § 3; Ih. 348, § 24. (9) Laws of 1825, p. 7.

TITLE 2. SEC. 7. One copy of the laws printed by state printer, to be deposited in his office, after being compared with original laws on file.

General du

ties.

State deeds.

Books for re

cording.

Copies.

Laws.

Ib.

8. To distribute the printed laws and journals of each session.

9. To send four copies to secretary of state of the United States.

10. To deliver one copy to Atheneum in Philadelphia, Boston, New-York and Albany,

and one to Historical society of New-York.

11. To distribute laws of congress in same manner as laws of this state.

12. When new town or county erected, such town or county to be furnished with a complete set of laws, commencing with the revised laws of this session.

13. Secretary of state to purchase necessary sets of laws for distribution.

14. To transmit to county clerks such number of laws and journals as are to be distributed in their counties.

15. Also to send the laws to different states.

16. To deliver to county clerks entitled thereto, the volumes of reports deposited in his office for them by state reporter.

17. To procure for and deliver to clerks of new counties, a set of reports of supreme

court.

18. To send to county clerks a copy of state prison reports.

19. Also to send lists of licensed hawkers, &c.

20. Description in writing of arms of state, and of great and privy seals, and of seal of
secretary of state, to remain public records.

21. What papers to be sealed with privy seal.
22. Deputy secretary, his powers and duties.

$1. The secretary of state shall have the custody of all the books, records, deeds, parchments, maps, and papers, now deposited, or that may hereafter be deposited or kept, in his office; and shall, from time to time, make such provision for the arrangement and preservation thereof, as he may deem necessary.

$ 2. All deeds and conveyances, other than mortgages, belonging to the people of this state, shall be deposited in the office of the secretary of state.

10

S3. The secretary of state shall provide proper books, for the recording of the depositions or affirmations required by law, to be made by resident aliens, desirous to take and hold real estate; and shall record the same in such books. 11

$ 4. All copies of records and papers in the office of the secretary of state, certified by him, and authenticated by the seal of his office, shall, in all cases, be evidence, equally and in like manner, as the original. 12

$5. The secretary of state shall attend at every session of the legislature, for the purpose of receiving bills which shall have become laws. 13

$ 6. Immediately after each session of the legislature, the secretary of state shall cause the original laws passed at such session, together with such certified copies of concurrent resolutions as shall have been delivered to him, to be bound together in a volume, of such size as he shall think proper; and he shall also cause the title thereof, with the session at which the same shall have been passed, to be written or printed on the back of such volume.1

14

(10) 1. R. L. 477, § 10. (11) Laws of 1825, p. 427, § 2. (12) Ib. ; 1 R. L. 527, § 35. (13) 1 R. L. 458, § 1. (14) Ib. § 2.

$7. He shall deposit in his office, one copy of the laws printed TITLE 2. by the state printer, having first examined and compared the same Ib. with the original laws on file, and noted at the end of each act any error or omission that may be found in the printed copy; and shall cause the title thereof, with the session at which the same shall have passed, to be written or printed on the back of such volume. 15

journals.

38. The secretary of state shall distribute the printed laws and Lawa and journals of each session, immediately after their publication, as follows:

1. To the clerk of the senate, for the use of the senate, eight copies. 2. To the clerk of the assembly, for the use of the assembly, twenty copies.

3. To each of the following officers and persons, namely: the governor, the lieutenant-governor, the members of the senate and assembly, the chancellor, the justices of the supreme court, the circuit judges, the comptroller, the treasurer, the surveyor-general, the attorney-general, the librarian of the state library, for the use of the library, the commissary-general, the adjutant-general, and the several county clerks, one copy.

4. To each of the following officers, namely: town clerks, district attornies, and supervisors' clerks, one copy of the laws, without the journals.

39. The secretary of state shall transmit four copies of the printed Law.. laws of each session, immediately after their publication, to the secretry of state of the United States."

16

$10. He shall also deliver to the Atheneum of the city of Phila- I. delphia, and to the Atheneum of the city of Boston, or to such person as they shall respectively direct, a copy of the printed laws passed at each future session of the legislature; and in like manner to the Atheneums of the cities of New-York and Albany, and the Historical society of the city of New-York, one copy both of the laws and journals. 17

gress.

11. He shall also cause the acts of the congress of the United Acts of conStates, which may be received at his office, to be distributed in the same manner as the laws of this state are directed to be distributed. 18 $12. Whenever a new county or town shall be erected, the sec- New county, retary of state, shall transmit to the clerk of such county or town, a complete set of the laws of this state, commencing with the revised laws passed at this session of the legislature, and including the laws. subsequently passed.

&c.

$ 13. The secretary of state shall be authorised under the direc- Ib. tion of the governor, to purchase, from time to time, as many sets of

(15) 1 R. L. 458, § 2. (16) Laws of 1820, p. 18. (17) Ib. p. 7. (18) 1 R. L. 484, § 13.

TITLE 2 the laws of this state, as may be necessary for the supply of new counties and towns, and for other objects required by law. 19

Laws and journals.

Laws for

other states.

Reports.

Ib.

State prison reports.

Pedlers, &c.

Arms and seals.

Ib.

S 14. The secretary of state, as soon as may be, after the laws and journals of each session have been deposited in his office, shall transmit, in boxes, at the expense of the state, to each county clerk, the requisite number of laws and journals intended for the use of such county, and required to be distributed to the members of the legislature residing therein, and to the other officers in such county entitled thereto.20

$ 15. He shall also put up in boxes, the laws directed to be sent by the governor to the several states in the union, and shall transmit the same, at the expense of the state, in such manner as the governor shall direct.20

S 16. He shall, from time to time, deliver to such of the county clerks as shall be entitled thereto, such copies of the reports published by the state reporter, as shall have been deposited in his office for that purpose by the reporter."

21

$ 17. He shall also procure, at the expense of this state, and deliver to the clerk of each county hereafter erected, a complete set of the reports of the supreme court of this state, for the use of the county courts of such county.22

$ 18. The secretary of state shall, annually, on or before the first Tuesday of May, transmit to each of the county clerks in this state, a copy of the reports received by him, for the preceding year, from the agents of the several state prisons in this state. 23

S 19. He shall, on or before the tenth day of May, in each year, transmit to each county clerk in this state, a certified list of the names of the several persons licensed as hawkers, pedlers, or petty chapmen. 28

$20. The description, in writing, of the arms of the state, and of the great and privy seals, and of the seal of office of the secretary of state, deposited and recorded in the secretary's office, shall remain as public records; and the said arms shall continue to be the arms of the state, and the said seal of office, to be the seal of office of the secretary of state.

24

S21. The privy seal, shall be the seal for military commissions; and all such matters as have issued under the great seal since the sixteenth day of March, one thousand seven hundred and seventy-eight, except copies of papers and records, certified by the secretary of state, or his deputy, and authenticated under his seal of office, shall continue

(19) Laws of 1818, p. 234. (20) Laws of 1815, p. 280, § 5. (21) 1 R. L. 320, § 10 (22) Laws of 1824. p. 74. (23) Laws of 1819, p. 90. § 15 ; 2 R. L. 229, § 3. (24) 1 R. L. 459. § 6.

to be issued under the great seal, and shall be made out and recorded ART. 1. in the secretary's office.25

S22. There shall be a deputy secretary of state, who may perform all the duties belonging to the office of secretary of state; except as commissioner of the land-office, commissioner of the canal fund, state canvasser, state sealer of weights and measures, and su perintendent of common schools.

Deputy sec

retary.

TITLE III,

OF THE COMPTROLLER.

ART. 1. Of the general duties and powers of the comptroller.

ART. 2. Of proceedings against persons accountable for public monies.

ART. 3.

Of the settlement of accounts for lands purchased from, or mortgaged to the
people of this state.

ARTICLE FIRST.

Of the General Duties and Powers of the Comptroller.

SEC. 1. His general duties.

2. To require persons receiving public monies to account to him.

3. May require persons presenting accounts, to make oath,

4. He shall countersign and enter all treasury checks and receipts.

5. He is to draw in favor of treasurer, for dividends on all stock owned by state.

6. To procure monthly statements from the banks in which the treasurer keeps an ac

count.

7. To keep an account between the state and the treasurer.

S. To examine monthly the bank books kept by the treasurer.

9. To examine bonds, &c. on which money may be due to the state.

10. To send annually to auctioneers, all new auction laws, and to report to the legisla
ture the returns made by them.

11. To make temporary loans, when necessary, at an interest not exceeding six per cent.
12. Such loans to be paid as soon as sufficient money in treasury.

13. Comptroller to vote on stocks owned by state.

14. May publish from time to time laws relating to payment of money due the state, or
relating to duties to be performed by public officers.

15. When monies paid at treasury through mistake, in certain cases, comptroller to
draw his warrant on the treasurer in favor of the person who paid it.

16. All mortgages, &c. given to secure money to the state, to be deposited in comptroller's office.

17. Comptroller to direct in what banks certificates of stock owned by state shall be deposited.

18. Deputy comptroller, his powers.

51. It shall be the duty of the comptroller,

1. To superintend the fiscal concerns of the state, and to manage the same in the manner required by law.

2. To exhibit to the legislature, at its annual meeting, a complete statement of the funds of the state, of its revenues, and of the public expenditures during the preceding year, with a detailed estimate of the expenditures, to be defrayed from the treasury for the ensuing year, specifying therein each object of expenditure, and distinguishing between such, as are provided for by permanent or temporary

General du ties