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TITLE 5. ligations, and other instruments which may be wanted for the use of the state.

To attend courts.

Compensa

tion therefor.

To prosecute

in certain ca

seg

Ib.

Ib.

Ejectments

brought by him.

Ib.

$5. Whenever required so to do, by the governor, or by one of the justices of the supreme court, the attorney-general shall attend the courts of oyer and terminer and jail delivery, for the purpose of managing and conducting the suits and prosecutions of the people of this state.62

$6. Whenever the attorney-general, in consequence of such a requisition, shall attend a court of oyer and terminer, he shall be entitled to his expenses, and a reasonable compensation for his services. The amount shall be certified by the governor, and paid out of the treasury.

S7. It shall be the duty of the attorney-general, at the request of the governor, the secretary of state, the comptroller, the treasurer, or the surveyor-general, to prosecute every person who shall be charged by either of those officers with the commission of an indictable offence in violation of the laws, which such officer is specially required to execute, or in relation to matters connected with his department.

$8. He shall cause all persons who may be indicted, for corrupting or attempting to corrupt any member of the legislature, or any member elect of the senate or assembly, or any commissioner of the land-office, to be brought to trial; and to attend in person to the execution of the duties hereby required of him.63

$9. He shall also cause all persons who may be indicted for any offence against the laws for the prevention of duelling, to be brought to trial; and shall attend in person to the discharge of the duties hereby required of him.64

$10. Every action of ejectment already commenced, or hereafter to be commenced, in the name of the people of this state, either by the attorney-general, or with his consent, shall and may be sustained and prosecuted to judgment and execution, in the supreme court of this state, in like manner as if such action had been commenced by an individual; but no such suit shall be commenced for the benefit of an individual, without the consent of the attorney-general.65

$ 11. No such consent shall be given by the attorney-general, unless the individual desirous to prosecute such suit, shall give security to the defendant for the payment of the taxable costs, in case the suit shall be determined in favor of the defendant. The security shall be filed in the office of one of the clerks of the supreme court, and be approved of by the clerk in whose office it shall be filed.65

(62) 1 R. L. 337, § 7. (63) 2 R. L. 192, § 3. (64) 2 R. L. 193, § 7. (65) 1 R. L. 485, § 5,

$12. Whenever an action of ejectment shall be brought for the TITLE 6. purpose of escheating lands, or otherwise, for the benefit of the people Ib. of this state, by the attorney-general, or by the direction of the commissioners of the land-office, and the nominal plaintiff shall fail therein for any cause, or the action shall be discontinued, the defendant shall be entitled to costs in the same manner, and to the same extent, as if such action had been brought by an individual; which costs, upon being duly taxed, shall be paid out of the treasury of this state, on the warrant of the comptroller.66

bring but one

$ 13. In all cases where debts are due to the people of this state, When to by several mortgages, contracts or obligations of the same nature, ex- suit. ecuted by the same person, only one suit shall be commenced by the attorney-general against the debtor, or his representatives, for the monies so due.67

solidate suits.

$ 14. When the attorney-general shall institute separate actions, When to conin behalf of the people of this state, against several persons, on one mortgage, covenant or agreement, or who claim under the same title, it shall be his duty, when the defendants shall request it, to consent to a consolidation of such actions; and in every such case, there shall be but one taxation of costs against the defendants. 68

nies received.

$15. All monies received by the attorney-general, for debts due To pay moor penalties forfeited to the people of this state, shall be paid by him, immediately after the receipt thereof, into the treasury.

private suits.

$ 16. The attorney-general shall not act as attorney in any private Not to act in suit, unless the people of this state shall be interested in the event thereof, 69

$17. The attorney-general shall keep, in proper books to be pro- Register. vided for that purpose, at the expense of the state, a register of all actions and demands prosecuted or defended by him in behalf of the people of this state, and of all proceedings had in relation thereto; and shall deliver the same to his successor in office.

TITLE VI.

OF THE SURVEYOR-GENERAL.

SEC. 1. To superintend surveys and sales of lands belonging to state.

2. To keep in his office a map of state.

3. When the bounds of a town cannot be delineated on his map, surveyor-general may order a special survey.

4. If supervisor of town neglect to make such survey, to be prosecuted by attorneygeneral.

5. In case of disputes between towns, as to bounds, surveyor-general to direct survey, and determine disputes.

6. Determination to be filed in secretary's office.

7. Surveyor-general to account with comptroller for monies received by him.

(66) 1 R. L. 485, § 6. (67) 1 R. L. 486, § 10. (68) Ib. § 11. (69) 1 R. L. 418, § 10.

TITLE 7.

General du

ties.

Map.

May require survey of

towns.

Ib.

Disputes town lines.

Ib.

To account.

1. It shall be the duty of the surveyor-general, 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. He shall retain in his office, a map of this state, and shall, from time to time, delineate thereon the bounds of all towns or counties erected or altered by the legislature.

S3. Whenever the bounds of a town already erected, or that may hereafter be erected, or altered, shall appear to be so described in the act erecting or altering the same, that they cannot be delineated by the surveyor-general, on the map of this state, without a survey specially made for that purpose, he shall direct the supervisor of such town, to cause such survey to be made, and to transmit the same to the surveyor-general's office.70

$ 4. In case of the refusal or neglect of any supervisor to perform the duties so enjoined on him, the surveyor-general shall give notice thereof to the attorney-general, to the end that he may prosecute such delinquent supervisor for the penalty imposed by law; which penalty, when recovered, shall be paid to the surveyor-general, and be by him applied to the making of a map of such town.71

$5. Whenever a dispute shall arise between the officers of two or more towns, respecting the bounds of either of such towns, on the same being represented to the surveyor-general, he shall hear the allegations and proofs of the parties, and if necessary, shall direct a survey to be made, and shall determine such dispute.

$6. Such determination shall be filed in the office of the secretary of state, and shall be conclusive upon the subject, until the legislature shall, by law, otherwise direct.

$7. He shall, from time to time, account with the comptroller for all monies received by him, in behalf of the state, or from the treasury.72

TITLE VII.

OF THE STATE PRINTER.

SEC. 1. To print each session, 312 copies of the journals of each house.

2. Twelve copies to be delivered in sheets to clerks of senate and assembly, and resi-
due to secretary of state.

3. To print also 250 copies of all documents ordered by either house to be printed.
4. All printing required by law for state and for the legislature, to be done by him.
5. He shall print a state paper in Albany, to be published daily, weekly or semi-weekly.
6. To publish in such paper certified copies of laws, when directed by secretary of

state.

(70) 1 R. L. 483, § 3; 2 R, L. 136, § 31. (71) 1 R. L. 483, § 4. (72) 1 R. L. 493, § 6.

SEC. 7. Proof copy of every such law to be revised by secretary.

S. Laws so published may be read in evidence from paper, for three months after close
of session.

9. To publish all notices required by law to be printed in state paper.

10. To print as many copies of laws as secretary shall direct.

11. To deliver them to secretary, bound in boards; and when.

12. Laws in volume printed by state printer, evidence.

13. Compensation of state printer.

TITLE 7.

nals.

$1. It shall be the duty of the state printer, to print, during each To print jour session of the legislature, three hundred and twelve copies of the journals of each house, as the same shall be, from time to time, delivered to him by the clerks of the senate and assembly.

thereof.

$ 2. Twelve copies shall be delivered by him in sheets, as they Disposition are printed, to the clerks of the senate and assembly, for the use of their respective houses; and the remaining copies stitched, covered and bound in boards, with such indexes and appendixes printed by him, as shall be furnished to him for that purpose by the clerk of each house, shall be delivered by him, as soon as may be, after the close of each session, to the secretary of state.

the legisla

$3. He shall also print, for the use of the members of the legisla- Printing for ture, during its session, two hundred and fifty copies of every bill, ture. report, memorial or other document, the printing of which shall be ordered by either house; and where an extra number of copies shall be ordered, he shall, in like manner print the same. The copies so printed shall be delivered by him, to the clerks of the respective houses.

done by him.

$ 4. All printing required by law, or by any concurrent resolu- Certain printtion of the senate and assembly, to be done for this state, or for either ing to be of the executive officers thereof, named in this Chapter, shall be executed by the state printer, unless otherwise specially provided by law.73

paper.

S 5. He shall print, in the city of Albany, a newspaper, which To print state shall be deemed the state paper, whenever such paper is or shall be referred to in the laws of this state; and such paper shall be published daily, or weekly, or semi-weekly, at his discretion.

laws therein.

$ 6. He shall publish forthwith in such paper, every certified copy To publish of a law which shall be delivered to him for that purpose, by the secretary of state.

$ 7. A proof copy of every law so published, shall be furnished by 1ь. him to the secretary of state, to be by him revised and corrected.

read there

$ 8. Every law so published by him, may be read in evidence Laws may be from the paper in which it shall be contained, in all courts of jus- from. tice in this state, and in all proceedings before any officer, body, or

(73) 1 R. L. 481, § 26.

TITLE 8. board, in which it shall be thought necessary to refer thereto, until three months after the close of the session in which it became a law.

To publish

notices.

Laws in

volumes.

Ib.

Volumes evi

dence.

Compensa

tiou.

S9. He shall also publish in such paper, all notices and advertisements delivered to him for that purpose, which by law are or shall be required to be printed in the state paper.

$10. He shall print, in volumes of the octavo size, so many copies of the laws of each session, with the concurrent resolutions and indexes that shall be delivered to him for that purpose, by the secretary of state, as shall be annually directed by the secretary, who shall also revise and correct the proof sheets.74

$ 11. He shall deliver such copies, bound in boards, to the secretary of state, within one month after the close of the session, in which such laws and concurrent resolutions were passed.

12. All laws passed by the legislature, may be read in evidence from the volumes printed by the state printer, in all courts of justice in this state, and in all proceedings before any officer, body, or board, in which it shall be thought necessary to refer thereto.75

S 13. The state printer shall continue to receive such compensation for printing, and other services performed by him for this state, as is now allowed to him; and his accounts for such services, shall be audited by the comptroller, and paid out of the treasury: in other cases, he shall receive such compensation, to be paid by the person requiring the service to be performed, as is or shall be allowed by law.76

TITLE VIII.

PROVISIONS RELATING TO TWO OR MORE OF THE EXECUTIVE OF-
FICERS.

SEC. 1. Executive officers may administer oaths, and when.

2. Who may extinguish claims on lands sold by state

3. Comptroller, &c. may file certificates of invalid sales for quit-rents.

4. Comptroller thereupon to cancel the sale.

5. From what fund the monies are to be refunded.

6. Comptroller and attorney-general may release lands from judgments in favor of state. 7. Attorney-general, with consent of comptroller, may pay off incumbrances upon lands mortgaged to state.

8. When lands mortgaged to state are sold under a judgment obtained prior to mortgage, attorney-general may redeem.

9. Attorney-general or comptroller may acknowledge satisfaction of judgments in favor

of state.

10. When lands are sold for debts due the state, the surplus after paying amount due. &c. to be paid to person entitled.

11. When on such sale, lands are bought for the benefit of the state, how debtor is to be credited; and when entitled to surplus money.

(74) 1 R. L. 484, § 12; laws of 1815, p. 280, § 6. (75) i R. L. 527, § 32. (76) 1 R. L. 481, § 12; act of 24th Oct. 1814, chap. 20, § 1; laws of 1818, p. 235; 1821, p. 59; 249, § 1.

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