TITLE VIII. Provisions relating to two or more of the Executive Officers. SEC. 1. Executive officers may administer oaths, and when. 2. Who may extinguish claims on lands sold by state. 3. Comp roller, &c, may file certificates of invalid sales for quit-rents. 4. Comptroller thereupon to cancel the sale. 5. From what fund the moneys 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 mort. 8. When lands mortgaged to state are sold under a judgment obtained prior to mortgage, 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 tfhe benefit of the state, how debtor is to be credited; and when entitled to surplus money. 12. Attorney-general to decide upon conflicting claims to such surplus. 13. Comptroller, with advice of governor, to dispose of bank stock owned by state.. 14. What state officers to attend legislature, and report upon matters referred to them. 15. Secretary, comptroller and state engineer and surveyor, to file quarterly accounts of receipts with treasurer. 16. How comptroller, &c., may seal papers. 17. Certified copies of papers in the office of comptroller and state engineer and surveyor, evidence. 18. What duties deputy secretary and deputy comptroller to perform.. 19. Offices of secretary, comptroller, treasurer, attorney-general and state engineer and surveyor, to be kept in the public building in Albany. 20. All purchases made and work done for the departments to be for cash and not on credit.. 21. Reports of state officers to be presented at the commencement of session of legislature. . 22. The reports to show the condition of the funds. TITLE & [185]: Vol.1.. may admin- $1. Whenever the governor, the secretary of state, the comp- Officers troller, the deputy comptroller, the treasurer, the attorney-gene- ister certain ral, and the [state engineer and surveyor,] shall either of them oaths. legally require proof by affidavit, in any matter belonging to his office, the officer requiring the proof may administer the necessary oath.1 ment of S2. The comptroller, the attorney-general, and the [state engi- Extinguish-neer and surveyor] or any two of them, with the consent and claims. approbation of the governor, may, from time to time, extinguish all legal claims on lands sold under the authority of this state, or granted, for a valuable consideration, under its authority. The moneys required for such purposes, shall be paid out of the treasury; and in no case shall the sum paid for the extinguishment of any such claim, exceed the principal moneys, with interest thereon at the rate of six per cent per annum, for which the lands, to which the claim relates, shall have been sold by the state.2 quit-rents,, S3. Whenever it shall appear to the comptroller, the attorney- Sales for general and the [state engineer and surveyor,] or any two of them3 if invalid. that any sales of lands, for arrears of quit-rents, have been improperly made, or that such sales cannot, for any reason, be effectual, it shall be the duty of the officers so acting, or of any two of them,3 to subscribe a, certificate of the fact, and of the reasons why, in their judgments, such sales were improper, or why they can not be effectual, and to file the same in the office of the comptroller.* S4. Upon the filing of such certificate in his office, it shall be May be lawful for the comptroller to cancel such sales on his books, and to refund to the purchasers, their heirs or assigns, the amount of the consideration money paid, together with interest, at the rate of six per cent per annum from the time of such payment until such sale is vacated, not exceeding six years in the whole.* 11 R. L., 482, § 2; Laws of 1824, p. 342, § 6.. April 21, 1828. Laws of 1826, p. 327, §§ 2 and 3.. 1 R..L., 294, § 7.. Laws of 1828, ch. 297, passed. canceled.. TITLE 8. $5. Whenever such repayment shall be made, and whenever Money, how moneys shall be refunded by the comptroller, for payments erroneously made into the treasury, on account of quit-rents, the one equal moiety thereof shall be paid out of the common school fund, and the other moiety out of the literature fund.1 refunded. [186] Vol. 1. Release of S6. The comptroller, with the consent of the attorney-general, if they shall be satisfied that the interests of the state will not be land bound prejudiced, may release any portion of a real estate, subject to a judgment in favor of the people of this state, from the lien created by such judgment.2 by a judg ment. Prior mortgages, when S7. Where the attorney-general shall ascertain that lands mortto be paid. gaged to the people of this state, are incumbered by prior judgments or mortgages, he may, with the advice and consent of the comptroller, discharge such prior incumbrances, and take an assignment thereof to the people of this state; and all sums of money required for such purpose, shall be paid to him out of the treasury.3 Mortgaged be redeemed. S8. Whenever any lands which shall have been mortgaged to tone, when the people of this state, or purchased for the people on the foreclosure of a mortgage, shall be sold on execution, by virtue of a judgment recovered prior to such mortgage, the attorney-general, with the advice and consent of the comptroller, may redeem such lands, in the same manner as judgment creditors are authorized by law to redeem.4 Satisfaction of judgments. moneys on $9. The attorney-general and comptroller, or either of them, may acknowledge satisfaction of any judgment in favor of the people of this state, when the same shall have been settled or discharged, either by payment, or by legislative provision; and the clerk of the court in which the judgment was docketed, shall, on filing a satisfaction-piece, acknowledged by them, or either of them, enter satisfaction of record.5 Surplus S 10. Whenever any premises mortgaged to the people of this sale of land state, or any lot or tract of land, purchased in for the benefit of due the the state, or for which a certificate shall have been given to a forstate. mer purchaser, shall be sold by the attorney-general, on a fore for moneys, such sale for state, closure by notice, or under a decree, or shall be resold by the [state engineer and surveyor] for a greater sum than the amount due to the state, with the costs and expenses of such foreclosure or resale, the surplus moneys received into the treasury, after a conveyance shall have been executed to the purchaser, shall be paid to the person legally entitled to such land, at the time of the said foreclosure, or at the time of the forfeiture of such original contract; but the comptroller shall not draw his warrant for such surplus money, unless upon satisfactory proof, by affidavit, or otherwise, of the legal right of the person in whose favor such warrant shall be applied for. If lands on S 11. Whenever any lands or tenements shall have been purare bought chased, or shall hereafter be purchased, by the attorney-general, in behalf of this state, on the foreclosure of any mortgage, and such lands or tenements shall be sold, or shall heretofore have been sold by the commissioners of the land office, for a greater sum than debtor to be 1 Laws of 1826, p. 327, §§ 2 and 3. 2 Laws of 1819, p. 317, § 6. of 1822, p. 125, § 2. § 1 R. L., 269, §1; Laws of 1822, p. 126, § 2. Laws of 1817, p. 6, § 3. Law Laws of 1824, p. 303, § 1. the amount bid by the attorney-general on such sale, it shall be the duty of the comptroller to give credit to the mortgagor, on his bond, for the amount at which the said lands and tenements shall have been sold, or shall be sold, after deducting therefrom all the costs, charges and expenses of such sale; and if such lands and tenements have been sold, or shall be sold, for an amount greater than is due to the people of this state from such mortgagor, or if such mortgagor shall have paid into the treasury the balance due on his mortgage, after such purchase by the attorney-general, and if on the sale thereof by the commissioners of the land office, there shall be any excess over and above the amount due to this state, and the costs and expenses of such foreclosure, purchase and sale, it shall be the duty of the comptroller to refund to the mortgagor, his assignee, or the person entitled thereto, such excess.1 TITLE 8. [187] Vol. 1. claims to S 12. It shall be the duty of the comptroller, where interfering Interfering claims to such surplus moneys shall be made, to refer such claims surplus. to the attorney-general, whose decision as to the rights of the repective claimants, shall be final and conclusive as to any claim against the state.2 S13. The comptroller, by and with the advice of the governor, Bank stock. may, from time to time, dispose of any of the bank stock belonging to the state, and apply the proceeds to the credit of the treasury, or invest them in other stocks, as may be judged most expedient.3 $14. It shall be the duty of the secretary of state, the comp- Officers to troller, the treasurer, the attorney-general, and the [state engineer legislature. and surveyor,] to attend the legislature during their session; and to report on all matters referred to them by the legislature, or by either house. attend account of S15. The secretary of state, the comptroller, and the [state en- Quarterly gineer and surveyor,] shall, on the first days of January, April, fees. July and October, in each year, file with the treasurer, an account in writing, of all fees by them respectively received, during the preceding quarter, and pay the amount thereof into the treasury. $ 16. In all conveyances and other writings, executed by the Seals to comptroller, under his seal of office, and upon all commissions papers. issued, and certificates granted by the secretary of state or the adjutant-general, it shall be lawful to affix the proper seal, by making an impression directly on the paper, which shall be as valid as if made on a wafer, or on wax." official papers, $ 17. Copies of papers deposited or filed in the offices of the Copies of comptroller and [state engineer and surveyor,] certified by the when officer in whose office they are deposited, shall, in all cases, be [188] evidence equally and in like manner as the originals. evidence. Vol. 1. secretary $18. The deputy secretary of state, and the deputy comp- Deputy troller, shall each of them perform all the duties attached by law and deputy to the office of his principal, during an absence of such principal from the state, or a vacancy in his office. comptroller Offices $19. The offices of the secretary of state, comptroller, treasurer, onces attorney-general, and [state engineer and surveyor,] shall be kept in the [new] state hall, in the city of Albany. 1 Laws 1824, p. 303, § 1. 2 Id., § 2. 3 Laws of 1818, p. 306, § 15. 42 R.L., 29; 1 R. L., 527, §1; 580, § 7. Laws of 1822, p. 285, § 7. Laws of 1824, p. 19. 7The public offices transferred to the new state hall by ch. 295 of 1840. See, post, chap. ix., title 7. VOL. I. 32 TITLE 9. S 20. All purchases for the use of any department, office, or Purchases work of the government, shall be for cash, and not on credit or for the state time. Each voucher whether for a purchase or for a service, or and work to be for cash. Reports, when to be made. Account of funds to be given. Comptroller, to pre ficates of stock. other charge, shall be filled up at the time it is taken; and in all *S21. The comptroller, the commissioners of the canal fund, S22. The several officers mentioned in the first section of this act are also required to embrace in said annual reports, a true account, so far as the same is practicable, of the funds and accounts of which each of said officers is in charge, to the termination of the current calendar year. [Same ch., § 2.] [TITLE IX. Of the Issuing and Transfer of Certificates of Stock created by the Laws of the State.] SEC. 1. The comptroller to prepare books of certificates, numbered and signed. 2. Duty of officers issuing certificates. 3. Books from which certificates are cut to be annually returned to the comptroller. 4. To be preserved. 5. Notice of the issuing of new certificates to be given. 6. Duty of officer issuing them. 7. Provisions for payment of fractional parts on re-issues. 8. Commissioners of the canal fund to establish an office for transfers at a bank in New York. 9. The agents to be responsible for the faithful discharge of their duties. 10. Stock transferable only at such office. 11. Manner of issuing certificates. 12. Issues and transfers regulated. 14. Not revoked in certain cases. 15. Manner of ve ifying powers. 16. Lost certificates may be renewed. 17 & 18. New certificates to representatives of deceased foreign owners. 19. Comptroller, on proof of loss of certificate, to issue to lawful owner new certificate. S1. It shall be the duty of the comptroller, from time to time, pare certi to prepare and deliver to the cashier of the Manhattan Company, or such other officer as shall at any time be designated or authorized to issue certificates of stock created or to be created under the laws of this state, suitable books, containing certificates of stock, of the form and description, as near as may be, as are now used; which said certificates shall be filled up in the handwriting 1 The editors have with some hesitation inserted this and the next section. The language of the 1 of said comptroller, or such one of the clerks in his office as he shall from time to time designate, of the following denominations: one dollar, fifty dollars, one hundred dollars, three hundred dollars, five hundred dollars, one thousand dollars, three thousand dollars, five thousand dollars, ten thousand dollars, and twenty thousand dollars; and said certificates shall be numbered and signed by the comptroller, with the addition of his name of office. Said books shall also be prepared with broad and proper margins, in which shall be written out at length, the denominations or amounts of said certificates, with the corresponding numbers, and shall be signed by the comptroller. [1831, ch. 320, § 2.] *S2. It shall be the duty of the cashier of the Manhattan Company, or such other officer as shall be authorized or designated to issue certificates of stock, to preserve all certificates returned to him; and whenever he shall issue certificates of stock, after he shall be furnished with the books in the last section mentioned, he shall take them from said books, and sign and date the same; and he shall write in the margin of the date, when, and the person to whom, any certificate shall have been issued. [Same ch., § 3.] delivered to *S3. On the fourth Monday of September in each year, it shall Books to be be the duty of the comptroller to receive from the said cashier or comptroller other officer as aforesaid, all such books, the certificates from which shall have been cut, and to receive and compare therewith the certificates of stock returned; and if the amounts correspond, after the necessary allowance for any new stock authorized to be issued. by this state, to furnish said cashier or other officer with the proper voucher thereof. [Same ch., § 4.] preserved him. notice of S4. It shall be the duty of the comptroller to preserve the books and certificates returned, (after seeing that said certificates are canceled,) in some proper and safe place of deposit. [Same ch., § 5.] *S 5. It shall be the duty of the comptroller to give notice, in To give two of the public newspapers printed in the city of New York, new certifi and in such other papers as he shall deem proper, and to renew issued. the same from time to time, that new certificates of stock will be issued, of the form pointed out in the second section of this act, and to request the holders of certificates of stock to surrender and cancel their old and receive such new certificates. [Same ch., § 6.] cates to be rendered. § 6. It shall be the duty of said cashier, or such officer as shall Stock surbe designated in his place as aforesaid, whenever any certificate of stock shall be surrendered and canceled as aforesaid, to issue new certificates from the aforesaid books, and to write in the margin thereof "stock surrendered;" and the certificates so canceled shall be preserved and delivered to the comptroller. [Same ch., § 7.] for fraction $7. In case any one of the denominations of certificates does Certificates not correspond with the stock transferred or canceled as aforesaid, al parts. certificates of different denominations may be issued to meet the amount; and in case the holders of stock prefer selling the fractional parts of their stock less than one hundred dollars, to receiving certificates therefor, the said cashier or other officer appointed in his place is directed to purchase any said fractional |