drawn on and paid by him. He shall draw, in favor of the treasurer, on all corporations or companies in which the state may own stock, for the dividends on such stock as they become due. He shall procure from the books of the banks in which the treasurer makes his deposits, monthly statements of the moneys received and paid out of the same on account of the treasurer. On the first Tuesday of every month, or oftener if he deem it necessary, he shall carefully examine the accounts of the debts and credits in the bank books kept by the treasurer. If he discovers any irregularity or deficiency therein, he shall, unless rectified or explained to his satisfaction, forthwith report the same to the governor. [R. S., pt. 1, ch. VIII, tit. 3, §§ 4, 5, 6, 7, 8; R. S., 8th ed., p. 506, without change in substance.] § 6. Custody of state securities. All leases, bond, mortgages, certificates of stock and other securities belonging to the state, and all papers relating to the duties of the comptroller, or of the commissioners of the canal fund, or of the canal board, unless otherwise specially directed, shall be deposited in the office of the comptroller. [R. S., pt. I, ch. VIII, tit. 3, § 16; R. S., 8th ed., p. 507, § 7. Examination of state securities. The comptroller, from time to time, shall examine the securities on which money may be due to the state, and make inquiries relating to the sufficiency of the security for the payment of such money. He shall require the immediate payment of all interest due, and the payment of such part of the principal as he deems necessary for the security and interest of the state. [R. S., pt. 1, ch. VIII, tit. 3, § 9; R. S., 8th ed., p. 506, with no change in substance.] § 8. Deposit in banks.- The state treasurer shall deposit all moneys coming to his hands on account of the state, except such as belong to the canal fund, within three days after receiving the same, in such banks in the cities of Albany and New York, as in the opinion of the comptroller and treasurer are secure and pay the highest rate of interest to the state for such deposits. The moneys so deposited shall be placed to the account of the treasurer. He shall keep a bank-book in which shall be entered his account of deposit in and moneys drawn from the banks in which deposits are made by him, which he shall exhibit to the comptroller for his inspection on the first Tuesday of every month and oftener if required. The treasurer shall not draw any moneys from such banks unless by checks subscribed by him as treasurer and countersigned by the comptroller. No moneys shall be paid by any such bank out of any such deposit except upon such checks. Every such bank shall transmit to the comptroller monthly statements of all moneys received and paid by it on account of the treasurer. [R. S., pt. 1, ch. VIII, tit. 4, §§ 7, 10, 11, 12, 13; R. S., § 9. Monthly statement of balances in state depositories.The state treasurer shall cause to be published in the state paper, on or before the tenth day of each month, a detailed statement of the balances in the several banks designated by any state officer or board as a depository of state funds. Such statement shall contain the name of each bank and the amount subject to draft at the close of the month preceding such publication. Similar statements shall be published in such paper by the comptroller, secretary of state, superintendent of the banking and insurance departments and the clerk of the court of appeals, who shall also certify to the state treasurer on or before the tenth day of January, April, July and October in each year, the amount on deposit at the close of the quarter preceding, in the banks designated by them respectively, and the amounts so certified shall be transferred to the general depository of state funds in the city of Albany, by check signed by the state treasurer and countersigned by the officer making the deposit. [L. 1877, ch. 245; R. S., 8th ed., p. 1585, without change in substance.] § 10. Deposit of moneys by state officers.- Every state officer or other person except the state treasurer, receiving or dis bursing moneys belonging to the state, shall deposit and keep all the moneys received by him, deposited to his official credit in some responsible bank or banking house, to be designated by the comptroller, until such moneys are paid out or disbursed according to law. Every such bank or banking house, when required by the comptroller, shall execute and file in his office an undertaking to the state in such sum and with such sureties as are required and approved by him, for the safekeeping and prompt payment on legal demand therefor of all such moneys held by or on deposit in such bank or banking house, with interest thereon, on daily or monthly balances at such rate as the comptroller may fix. Every such undertaking shall have indorsed thereon, or annexed thereto, the approval of the attorney-general as to its form. [L. 1888, ch. 326; R. S., 8th ed., p. 535, without change in substance. The deposit of state funds by the state treasurer is provided for in section 8, ante.] § 11. Deposit of moneys by charitable and benevolent institutions.- All moneys received from the state by any charitable or benevolent institution, supported wholly or partly by moneys received from the state, shall be deposited in such national or state bank or trust company, as the comptroller may designate. Every such bank or trust company shall give an undertaking, as provided in the last section. The treasurer of such institution shall keep all the funds thereof which come into his possession from the state, deposited in his name as such treasurer in such bank or trust company. [L. 1884, chap. 415; R. S., 8th ed., p. 2150, changed so as to require deposit to be made in banks designated by comptroller. Under the present law the board of managers or trustees have the power of designation.] . § 12. Proofs required on audit by the comptroller.-The comp troller shall not draw his warrant for the payment of any sum appropriated, except for salaries and other expenditures and appropriations, the amounts of which are duly established and fixed by law, until the person demanding the same presents to him a detailed statement thereof in items and makes all reports required of him by law. If such statement is for services rendered or articles furnished, it must show when, where and under what authority they were rendered or furnished. If for articles furnished, when and where they were furnished and under what authority. If for traveling expenses, the distance traveled, between what places, the duty or business for the performance of which the expenses were incurred, and the dates and items of each expenditure. If for transportation, furniture, blanks and other books purchased for the use of offices, binding, blanks, printing, stationery, postage, cleaning and other necessary and incidental expenses, a bill duly receipted must be attached to the statement. Every such statement must be verified by the person presenting the same to the effect that it is just, true and correct, that no part of the account therein stated has been paid, except as stated therein, and that the balance therein stated is actually due and owing. No payment shall be made to any salaried state officer or commissioner having an office established by law, for personal expenses incurred by him while in the discharge of his duties as such officer or commissioner at the place where such office is located. No manager, trustee or other officer of any state charitable or other institution, receiving moneys from the state treasury in whole or in part for the maintenance or support of such institution shall be interested in any purchase or sale by any of such officers. [L. 1891, ch. 144, last paragraph. Provisions similar to those contained in this section have, each year, been added to the general appropriation bills. The enactment of this section will render unnecessary the repetition of these provisions in future appropriation bills.] § 13. Regulations for the transmission of public moneys.-The comptroller may make such regulations and give such directions from time to time respecting the transmission to the treasury of moneys belonging to the state from the several county treas urers and other public officers as in his judgment is most conducive to the interests of the state. He may, in his discretion, audit, allow and cause to be paid the expenses necessarily incurred under or in consequence of such regulations and directions or so much thereof as he deems equitable and just. [L. 1843, ch. 44; R. S., 8th ed., p. 508, § 14. Payments of moneys in the treasury not belonging to the state.-Moneys paid to the state treasurer or into the treas ury of the state which do not belong to the state, under any law which authorizes their payment to a person entitled to the same, by order of the court or otherwise, or which money has been paid into the treasury by mistake and not on account of any unpaid taxes or debt due the state, or money overpaid to the state on account of taxes, shall not be regarded as belonging to the treasury of the state or any of its funds, but may be paid by the treasurer to the person entitled thereto on the warrant of the comptroller. [R. S. part I, ch. VIII, title 3, § 15; R. S., 8th ed., p. 507, § 15. Temporary loans and revenue bonds.-From time to time, as the legal demands on the treasury render it necessary, the comptroller may make such temporary loans at a rate of interest not exceeding five per centum per annum, as are necessary to dis |
