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Noting of deeds, &c.

Town-clerk shall keep books of the town, and give true copies.

Shall send to the treasurer of the state the name of the constable chosen to collect state tax.

Duties of “omptroller.

ments, or of any interest in them, lying in said town, de-
livered to him to be recorded ; and also, all executions
levied on lands or tenements, returned to him, by the
officers levying the same, to be recorded; and also, an
index or alphabet to the same, containing the names of
the grantors and grantees, and also of the grantees and
grantors, in alphabetical order. And the town-clerk or
register, in every town, shall, on the receipt of any grant,
deed, conveyance or mortgage of any houses, lands and
tenements, note thereon the day, month and year when
he received the same, and the record shall bear the
same date : and if any town-clerk shall be guilty of a
breach of this section of this act, he shall, for every such
breach, forfeit the sum of seventeen dollars to the treas-
ury of the county to which he belongs.
sect. 4. The town-clerks shall keep the books of their
respective towns, and truly enter all the votes, grants
and proceedings of the town, and shall give true copies
of the same, as well as of all deeds and conveyances of
lands or tenements, by them recorded, for the same fees
as are allowed to the clerks of courts for copies : and
all copies of the votes and proceedings of towns, attested
by the town-clerk, shall be admitted as evidence in all
courts; and all attested copies of deeds, with a certifi-
cate from the town-clerk that they have been recorded,
shall be conclusive evidence of such fact.
sect. 5. The town-clerks, in each town, shall, annual-
ly, in May, send to the treasurer of the state, the names
of the persons, in their respective towns, chosen consta-
bles to collect the state tax, on pain of forfeiting, for
every such neglect, four dollars, one half to him who
shall prosecute to effect, and the other half to the treas-
ury of the town where such town-clerk lives.

TITLE 103. Treasury.
An Act establishing the Treasury Department.

SECT. 1. B'. it osted by the Senate and House of Rep.

resentatives, in General Assembly convened, That it shall be the duty of the comptroller of public accounts to prescribe the mode of keeping and rendering all public accounts, and to adjust and settle all demands against the state, except grants, and orders of the general assembly. It shall be, also, his duty to lay before the legislature, at the opening of each stated session, such plans and estimates as, in his opinion, may be expedient for lessening the public expenses; for using the public

money to the best advantage; for promoting frugality and economy in the public expenditures, and supporting the credit of the state; and in general, for the well ordering and regulating the business of his department. And he shall have free access to the public offices of the treasurer and secretary, and all other public offices and records, with full power to examine all books and papers therein, that have relation to his office. sect. 2. And it shall be his duty, from time to time, to examine and state the amount of the public debts and credits of this state, with the United States, or with any community, public officer, or individual; to examine, from time to time, into the collection of taxes; to point out the causes of delay in such collections, with what may, in his opinion, tend to remove them; to see that the officers of government, employed in that department, and in every other department of the revenue, faithfully execute their respective duties; and to report to the general assembly, all such as appear to be chargeable with abuse of their respective trusts; to institute suits at law. in the name of the state, against any person, or persons, or body of men, who have received any money or public property, in any way, or for any purpose, and have not duly accounted for the same, (the collectors of state taxes only excepted;) and for this purpose, may employ an attorney or attornies under him, to sue therefor, and the same to pursue to final judgment and execution: and the officer, who shall collect the money on such execution, and all other persons, who shall, by the appointment and order of the comptroller, receive the monies of this state, shall pay over the same to the treasurer, taking duplicate receipts therefor, one of which shall be lodged with the comptroller. sect. 3. It shall be the duty of the comptroller to prepare and return to the general assembly, in May, annually, and oftener, if thereto required, an abstract of the receipts and expenditures of the public funds, during the current year, ending on the thirty-first day of March, annually; exhibiting, under different heads, the salaries of the officers of government, debentures, and contingent expenses of the general assembly, expenses of new-gate prison, of state paupers, and all other expenses of gov. ernment, together with the funds belonging to the state, and the public debt. sect. 4. It shall be the duty of the comptroller, upon the settlement of any claim or demand against the state, to draw an order on the treasurer for the payment thereof, in favor of the person or persons entitled to receive the same ; and whenever any person shall decease, who,

Treasurer's bond.

Duties of treasurer.

Auditors of treasurer's accounts.

at the time of his death, shall be indebted to the state, he
shall exhibit the evidence of such debt, to the executor
or administrator of such deceased debtor, as a claim
against his estate.
sect. 5. The person who shall be chosen treasurer of the
state, shall, ... enters upon the execution of his of
fice, give bonds, with surety, in the sum of twenty thou-
sand dollars, to the state ; which bond shall be taken by
the governor, and shall be kept and registered, by the
secretary of the governor, and shall continue during the
time the same person shall be elected, and exercise the
office of treasurer: and such treasurer shall be holden
to give new bonds, whenever the same shall be required
by the governor.
sect. 6. It shall be the duty of the treasurer to super-
intend and direct the collection of the state taxes and
revenue; to receive the money arising from the taxes,
levied on the several towns in the state ; the fines and
forfeitures belonging to the state ; the duties on writs and
licences; the dividends on bank-stock belonging to the
state ; the interest on debts due from the United States;
and all other revenue of the state from every other source;
and to make proper entries and credits for the same in
the public books.
sect. 7. The treasurer shall pay out of the public
monies in his hands, upon the order of the general as-
sembly, of the senate, or of the house of representatives,
and also upon the order of the supreme court of errors,
of the superior court, and of the several county courts,
when warranted by express law ; and also, upon orders
from the comptroller, for accounts liquidated and adjust-
ed by him, pursuant to law, or where he is by law en-
powered to order the payment of money out of the treas.
ury; for which payment the treasurer shall take receipts.
He shall pay out none of the public money, except upon
orders given as aforesaid; and no order, not drawn by
the comptroller, shall be paid, unless registered in
the books of the comptroller, and a certificate of such
entry endorsed thereon.
sect. 8. The treasurer, every year, shall make out a
complete statement of all the receipts of money into the
treasury, and of all the expenditures, and of all the debts
and credits of the state, on or before the first day of April,
and report the same to the general assembly, at their
next session. The general assembly shall, annually, in
May, appoint two meet persons to be auditors, who shall
take the oath prescribed by law, and who, with the comp-
troller, shall audit the public accounts with the treasurer,
and shall make a settlement of the debts and credits, as

far as the state of the accounts will admit, and report the
same to the general assembly, at their next session. When
the treasurer is plaintiff in any action, and judgment shall
be rendered against him for costs, no execution shall be
issued, but the party in whose favor judgment is rendered,
may exhibit the same to the comptroller, who may allow
such account, and draw an order on the treasurer for the
payment thereof.
sect. 9. The clerks of the superior court, and of the
several county courts, shall, within twenty days after the
rising of their several courts, make out and render to the
comptroller, a list or abstract of all forfeitures of bonds ;
and of all judgments, rendered by said courts, on bonds
or forfeitures of any kind, in favor of the state ; and also,
of all executions granted to any attorney for the state, or
other public officer, on such judgments; and, also, a list
or abstract of all fines, which have been imposed, paya-
ble to the state; and the comptroller shall debit the ac-
count of such officer, with the amount of the execution
granted to him.
sect. 10. It shall be the duty of the attorney for the
state, in each county, to superintend the collection of all
fines, forfeitures and judgments, in favor of the treasury of
the state, and to pay over the same according to law.
The attorney for the state, in each county, and every
other receiver of public money, shall, on or before
the tenth day of May, annually, make out and render an
account of all the monies received by him, for the use of
the treasury, to the comptroller, in such form as shall be
by him prescribed. And such attorney shall, also, at the
same time, state an account of all fines, forfeitures and
judgments, and debts, in favor of the state, in his hands for

Costs recovered against treasurer, how paid.

Clerks to furnish comptroller with abstracts of forfeitures, &c.

State's attorney to collect fines, &c.

To render an account of monies received, annually.

collection; and the comptroller shall debit the same to

such attorney in his account.
sect. 11. And if any attorney for the state, shall neg-
lect to render such account, and pay over the money by
him received, for the use of the state, as above required,
his office shall become vacant; and it shall be the duty
of the comptroller to give information, and certify such
neglect to the county court, who appointed such negli-
gent attorney; and such court shall appoint another at-
torney for the state in his place.
sect. 12. All bills of costs in criminal prosecutions,
taxed and allowed by the superior or county courts, shall
be paid by the treasurer of the state, to the clerks of
such courts respectively, who shall give bonds to the
treasurer, to the satisfaction of the comptroller, for a
faithful performance of their trust, and whose duty it
shall be to pay over the same to the persons entitled to

On neglect, the office to become vacant.

Bills of costs in criminal prosecutions, how paid, and accounted for. Commission.

Court fees, how accounted for.

Commission.

Duties of county treas* urers.

Expenses and avails of county courts.

Adjustment of accounts.

it, taking their receipts therefor: and all sums not demanded within six months after the rising of the court, by which such bills of costs shall have been taxed, shall be deemed to be relinquished to the state; and such clerks shall account for the same with the comptroller, in the next settlement of their accounts, and shall be allowed a commission of five per cent on all monies so received and paid out.

sect. 13. It shall be the duty of each of the clerks of the superior court to account and settle with the comptroller, for all monies received by him as court fees, in the trial of any cause in said court; and they shall be allowed a commission of two and a half per cen, on all monies received as the avails of said court, and a like commission on all monies by them paid for the use of the state.

sect. 14. The treasurer of each county shall make an entry, and give credit, for the fines and forfeitures belonging to the county; for the fees of the court; for the the taxes levied on the several towns in the county; and for all other monies belonging to the county, which shall come into his hands; and shall pay out the same, to the order of the county court, to discharge the expenses of the county; and shall make an annual statement of the receipts of money into the treasury, and of the expenditures, which shall be audited by the judges of the county Court.

sect. 15. The treasurers of the several counties, shall keep a true account of the expenses of the county courts, including the compensation to the judges, and the incidental expenses of the court; and also of the avails of the court, including the fines and penalties, collected and paid into the treasury, in each year: and it shall be the duty of each court, at their session next preceding the first day of May, annually, to settle and adjust their accounts; and if it shall appear, that the avails of any court shall be insufficient to defray the czpenses for the year preceding such settlement, such court may present their accounts to the comptroller, for adjustment and settlement ; and he shall draw an order, in favor of the treasurer of such county, on the treasurer of the state, for such sum as he shall find due to such court; and the treasurer shali pay the same accordingly : provided, that in no case, shall any order be drawn for a greater sum than the amount of the duties arising on civil process, which shall be paid into the treasury of the state, in the year next preceding the presenting of their accounts to the comptroller.

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