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§ 2. Shall appoint day of thanksgiving. He shall by proclamation set apart one day in each year, as a day of solemn and public thanksgiving to Almighty God for his blessings to us as a state and nation; and no business shall be transacted on that day at any of the departments of state.

§3. Shall convene extra session by proclamation. Whenever he convenes an extra session of the legislature, he shall do so by proclamation, giving such notice as he deems necessary to inform the members of the legislature of the time of assembling; and when assembled, he shall state to them the purposes for which they are convened.

§4. Shall appoint private secretary. He shall appoint his private secretary, who shall enter in a book kept for that purpose, all such letters written by and to the governor as are official and important, and such other letters as the governor directs. Said book shall be deposited in the office of the executive by the private secretary, and carefully preserved, and the governor shall produce the letter-books before the legislature whenever requested.

$5. To provide new seal, when. Whenever the great seal of the state is lost, or so worn or defaced as to render it unfit for use, the governor shall provide a new one. § 6. Shall appoint janitor of the capitol. He is authorized and required to appoint a suitable person as janitor of the capitol, to hold said office during the pleasure of

the

governor.

TITLE 2.

SECRETARY OF STATE.

§ 7. To keep office in capitol, and have custody of records. The secretary of state shall keep his office in the capitol, in rooms provided and furnished by the state; he shall have the custody of the state seal and all the records of the state.

§ 8. May appoint assistant secretary. He may appoint in writing an assistant secretary of state, who, before entering on his duties, shall take and subscribe the oath required by law, which oath and appointment shall be filed in his office.

$9. Shall prepare halls for legislature. Immediately previous to any regular adjourned or extra session of the legislature, the secretary shall cause the halls in which the session is to be held to be suitably prepared for that purpose, and shall be in attendance at each regular session to call the members of the house of representatives to order and preside until a speaker is elected.

§ 10. Shall make indexes to laws and documents. He shall cause indexes to the laws and executive documents to be prepared as soon as practicable after the adjournment of each session of the legislature, and distribute said laws when printed in the manner required by law.

*§ 11. Shall publish constitution and amendments. That the secretary of the state be and he is hereby directed to prepare and cause to be published in the volume of the general laws of this state for this year eighteen hundred and seventythree, the constitution of this state with such amendments thereto as are now of force; and that said secretary be also directed to cause any amendments to said constitution that shall hereafter be adopted, to be published in the volume of the general laws of this state that shall be published next after such amendments shall be adopted, with proper notes, in all cases, to indicate the date of adoption respectively of such amendments. (1873, c. 35, § 1.)

12. The secretary of state is hereby empowered to employ in his office a clerk, who shall receive for his services one thousand dollars per annum, to be paid out of the state treasury as other clerks of the state department are paid. (1876, c. 96, § 1.)

TITLE 3.

AUDITOR.

§ 13. (SEC. 11.) Shall keep office at capitol-shall give bond. The auditor shall keep his office at the seat of government, and perform all the duties appertaining thereto which are required of him by law or resolution of the legislature. Before entering on the duties of his office, he shall enter into bond with one or more sureties, to be approved by the governor, in the sum of twenty thous and dollars, payable to the state of Minnesota, conditioned for the faithful discharge of his official duties; he shall take and subscribe the oath required by law, which oath and bond shall be deposited in the office of the secretary of state.

§14. (SEC. 12.) Shall keep a seal. He shall keep a seal, with the device, "the seal of the auditor for Minnesota," and all official copies taken from the records or other documents in his office shall be under said seal, and be certified and signed by the auditor.

§ 15. (SEC. 13.) Shall examine accounts and draw warrants. All accounts and claims against the state, which are by law directed to be paid out of the treasury of the state, shall be presented to the auditor, who shall examine and adjust the same, and issue warrants, payable at the state treasury, for the sums which are found due from the state, specifying in each warrant the date of its issue, and the name of the person to whom payable; said warrants shall be printed on separate sheets of paper, and each shall be entered and numbered, and the number corresponding therewith shall be on the part of the sheet from which such warrant is cut; and all such parts of sheets containing the corresponding numbers, shall be carefully preserved by the auditor in his office.

§ 16. (SEC. 14.) Shall enter each warrant in book. The auditor shall enter, in progressive order, in books to be by him provided for that purpose, the number of each warrant by him issued, the amount thereof, the date of its issue, and the name of the person to whom issued.

§ 17. (SEC. 15.) Shall keep records of accounts. He shall make and preserve in his office, in suitable books, to be procured at the expense of the state, fair and accurate records of all such public accounts and other documents as are by law made returnable to his office, and keep a file, in progressive order, of all receipts and other vouchers relating to the business of his office.

§18. (SEC. 16.) Shall keep account with state treasurer. He shall keep a regular account with the treasurer of state, in suitable books, to be provided as aforesaid, in which he shall charge the treasurer with all moneys by him received, and credit him with all warrants by him redeemed and deposited in the office of the auditor.

$19. (SEC. 17.) Shall make annual statement of receipts and disbursements. The auditor shall annually make out an accurate statement of the receipts and disbursements of the treasury for the preceding year, ending on the last day of the month previous to the one during which the legislature commences its annual sessions; also of any unexpended balances of the several appropriations, the amount remaining in the treasury, the amount of warrants issued and not redeemed (if any), and report the same to each branch of the legislature, on the third day of its session, together with such remarks on the finances of the state as he deems proper for the consideration of the legislature.

$20. (SEC. 18.) Shall submit books to legislature. Whenever required, the auditor shall submit his books, accounts and vouchers to the inspection of the legislature, or any committee thereof appointed for that purpose.

$ 21. (SEC. 19.) May administer oaths. The auditor is authorized to administer an oath to parties and witnesses in support of the justice of such accounts as are exhibited to him for liquidation, and to certify the same accordingly.

§ 22. (SEC. 20.) Shall furnish certified copies of surveys. He shall deliver to any person applying therefor, a certified copy of any survey, or any other document in his office, on being paid ten cents for each hundred words contained therein, and twenty-five cents for each plat of survey laid down in such copy.

$23. (SEC. 21.) May appoint chief clerk. He may appoint a chief clerk, whose appointment shall be evidenced by a certificate under the official seal of the auditor, and continue during his pleasure. Said clerk, previous to entering upon the duties of his appointment, shall give bond, with two or more sureties, in the penal sum of ten thousand dollars, payable to the state of Minnesota, and conditioned for the faithful performance of the duties of his office. In case of the absence or inability of the auditor, the chief clerk shall perform the several duties required of the auditor.

$ 24. (SEC. 22.) Penalty for violation of duty. Any auditor of state or chief clerk who violates any of the provisions of this title, shall, on conviction thereof, be punished by imprisonment in the state prison for a period of not more than ten years.

*§ 25. When duplicate warrant may issue. That whenever the state auditor, under and by virtue of the provisions of the laws of this state, issues any state warrant upon the state treasurer in favor of any state or county officer, or other person, company or corporation, for the payment of any moneys out of the state treasury, and the said warrant shall become lost or destroyed, it shall be the duty of the said state auditor to issue a duplicate warrant in favor of the state or county officer, or other person, company or corporation, to whom the original warrant was issued, or to any person, company or corporation legally holding under them, in the manner, and subject to the provisions, hereinafter contained in this act. (1874, c. 13, § 1.)

*$ 26. Owner of lost warrant to make affidavit. Whenever any warrant drawn by the state auditor for the payment of any money out of the state treasury, as in the first section of this act enumerated, and the same shall become lost or destroyed, any person, company or corporation who was the legal holder or owner of said warrant at the time it so became lost or destroyed, shall make an affidavit, particularly describing the said warrant as to date, amount, number, and fund out of which it was to be satisfied, and also shall state in said affidavit such other facts concerning the loss or destruction of the original warrant as he may have in his possession or knowledge, and shall request in such affidavit that a duplicate warrant may be issued in his favor, and shall file the same with the state auditor within one year after the loss of any warrant as aforesaid. (Id. § 2.)

*§ 27. Bond to be given, notice published. If it appears that the person, company or corporation filing such affidavit is entitled to receive such duplicate warrant as aforesaid, the state auditor may issue such duplicate warrant as aforesaid in favor of the person, company or corporation who are entitled to receive the same; but if he has any reason to believe, or if it appears possible or probable, that any person, company or corporation may be in any wise damaged by the issuance of such duplicate warrant, he shall in such cases require from the person, company or corporation applying for such duplicate warrant a bond, with good and sufficient sureties, which shall be made payable to the state of Minnesota, and shall be drawn in double the amount of the original warrant, and shall be approved by and filed with the state auditor before such duplicate warrant shall issue, conditioned for the benefit of any person, company or corporation damaged by the issuance of such duplicate warrant; and if the state auditor has grave doubts from any cause that the statements contained in the affidavit are untrue, he may, in cases where the amount of the warrant is two hundred dollars or over, publish in some newspaper having general circulation the circumstances of the case as contained in the affidavit, and shall give notice of some day certain when he will issue such duplicate warrant which

shall be not less than thirty days after the first publication of the notice. (1874, c. 13, § 3.)

*$ 28. Original warrant to be cancelled. Whenever a duplicate warrant shall be issued under the provisions of this act, the original warrant shall thereupon be cancelled, and the state of Minnesota relieved from any claim or liability for the payment of such original warrant. (Id. § 4.)

*§ 29. Discretion of auditor-state not liable. The state auditor shall use his discretion in carrying out the provisions of this act as appears to him to be right, and in accordance with justice and honesty: provided, that in no case shall the state be liable for any damages accruing under the provisions of this act. (Id. $5.)

*$30. When reduplicate may issue. Warrants may be reduplicated under the provisions of this act in cases where the duplicate becomes lost or destroyed. (Id. § 6.) *S31. Punishment in case of fraud. Any person who shall secure a duplicate warrant under the provisions of this act, who is not legally entitled to the same, shall be liable to indictment in any of the courts of this state having jurisdiction, for the crime of embezzlement or perjury as the case may be. (Id. § 7.)

TITLE 4

TREASURER.

§ 32. (SEC. 23.) Treasurer shall keep office at capitol-have a seal-general duties. The treasurer of state shall keep his office at the capitol, and by himself or deputy attend therein during the usual business hours of each day, Sundays and holidays excepted; he shall have and use a seal, and have charge of and safely keep all public moneys which are paid into the treasury, and pay out the same as directed by law, and perform all such other duties as are required of him by law. § 33. (SEC. 24.) Shall give bond and take oath. Before entering on his duties, the treasurer shall give bond, with five or more sureties to be approved by the governor and state auditor, in the sum of four hundred thousand dollars, payable to the state of Minnesota, and conditioned for the faithful discharge of his duties as treasurer, and shall take and subscribe the oath required by law; which bond and oath shall be deposited with the secretary of state. The legislature may, at any time during the continuance in office of the treasurer, require him to give such additional security as they may deem necessary for the complete safety of the state. (As amended 1874, c. 12, § 1.)

§ 34. (SEC. 25.) Shall keep account of receipts and disbursements. The treasurer shall keep an accurate account of the receipts and disbursements at the treasury, in books provided for that purpose at the expense of the state, specifying the names of persons from whom received, to whom paid, on what account the same is received or paid out, and the time of such receipt or payment.

§ 35. (SEC. 26.) Shall receive and redeem warrants. He shall receive in payment of public dues, the warrants drawn by the auditor of state, in conformity to law, or redeem the same, if there is money in the treasury appropriated for that purpose; and on redeeming such warrant or receiving the same in payment, he shall cause the person presenting such warrant to endorse the same; and the treasurer shall write on the face of such warrant, "redeemed," and shall enter in his book, in separate columns, the number of such warrant, its date, amount, the name of the person to whom payable, and the date of payment.

$ 36. (SEC. 27.) Shall deposit warrants with auditor. The treasurer shail, on the first Monday of March, June, September and November, annually, deposit in the office of the auditor of state all warrants by him redeemed or received in payment at the treasury, and take the auditor's receipt therefor.

$37. (SEC. 28.) Shall make and publish report-board of auditors. He shall report to each branch of the legislature on the third day of their session, and to the governor whenever by him required, the state of the public accounts and of the state and school funds, plainly exhibiting the amount by him received from every source, and all and singular the items thereof, the amount paid out during the preceding year, and each and every item thereof, and where such funds are, and the balance remaining in the treasury, and each and every item thereof; and shall once in two months publish, in one or more of the daily newspapers printed and published at the capital of the state, a condensed statement of the condition of the several funds in his hands belonging to the state at the date of such publication: and there is hereby created a board of auditors of the state treasury and the funds thereof, consisting of the governor, secretary of state and attorney general, whose duty it shall be to carefully examine and audit the accounts, books and vouchers of the treasurer, and to count and ascertain the kinds and description and amounts of funds in the treasury as belonging thereto, at least four times in each year, without previous notice to the treasurer, and make report thereof, and of their acts and doings in the premises, to each branch of the legislature as early as the third day of their session; and also to witness and attest the transfer and delivery of accounts, books, vouchers and funds by any outgoing treasurer to his successor in office, and report the same in their report aforesaid next after the term of office of any treasurer shall expire: provided, that all funds belonging to the permanent school fund, or the permanent university fund, or any other permanent fund of any state institution, shall, as soon as the same amounts to the sum of one thousand dollars, be at once invested in interest-bearing bonds, as provided in chapter thirty-three (33) of the laws of 1873,*

(2.) Shall deposit funds in banks. All the funds of the state shall be deposited in one or more banks located in the capital of the state immediately on their receipt by the treasurer, in the name of the state of Minnesota; such bank or banker shall be selected by the treasurer, and shall be required, prior to the receipt of any such deposits, to give to such treasurer, for the use of the state of Minnesota, a personal bond, to the satisfaction of such treasurer and said board of auditors, in at least double the amount to be so deposited, and with at least five sureties, who shall all justify in the manner provided for the justification of sureties on bonds in civil actions, as security for the amount so to be deposited with such bank or banker: provided, however, that the taking of such security shall not be construed in any manner to release the said treasurer or his bondsmen from their liability to the state for any money so deposited.

(3.) Interest on deposits. Such bank or banker shall pay to the treasurer, for the use of the state of Minnesota, such fair and equitable interest on all daily balance in their hands belonging to the state as may be agreed upon between such bank or banks and the treasurer, which interest shall in no case be at a less rate than that paid for the time being on daily balances by the leading banks of the city of New York.

(4.) Shall keep accurate books. The treasurer shall keep the books of the treasury department by the system known as double entry, and in such a manner as to show plainly and accurately every receipt and disbursement daily, and on the same day on which such receipt and disbursement or either of them actually occurs; and no unfinished business shall be kept or entered upon loose memoranda or strips of paper; and the said treasurer's cash book shall be balanced plainly and accurately every business day; and every payment by the state treasury shall be made on the warrant of the state auditor, and by check on a depository of state funds, and such check shall bear on its face the name of the payee and the number of the warrant for which drawn, and shall be drawn to the order of the payee. (As amended 1874, c. 11, § 1.)

*See post, c. 38, § 44.

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