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SECTION 911. County treasurer to give bond.

912. Bond to be filed.

913. When to file bond in certain counties.

914. Treasurer's duties.

915. Delivery of the books, papers and funds to successor.

916. Proceedings to enforce delivery.

917. Compensation.

918. Prosecution of bond.

919. Application of recovery.

920. Chamberlain of the city of New York.

921. Reference to Code of Civil Procedure.

From 1 R. S., 684, §§ 50 to 70; Laws of 1859, 411, ch. 165.

treasurer to give bond.

§ 911. The county treasurer shall, within ten County days after his election or appointment, and before entering office, give a bond to the board of supervisors, with three or more sufficient sureties, to be approved by the board, and in such sums as they direct, conditioned that he shall faithfully execute the duties of his office, and shall pay, according to law, all moneys which shall come to his hands as treasurer, and render a just and true account thereof to the board of supervisors or to the comptroller of this state, when required. The board may at any time require him to renew the bond, and his failure to do so within twenty days vacates his office.


§ 912. The bond, with the approbation of the Bond to be board indorsed thereon by their clerk, shall be filed in the office of the county clerk.

When to

file bond in certain


Treasurer's duties.

§ 913. In those counties where the annual meeting of the board is before the election, the supervi

sors shall fix the penalty of the bond at their next meeting after the election, and the treasurer may take the oath of office and file the bond at any time before the fifteenth of December after his election, and the sureties may be approved by the county clerk and chairman of the board in the recess of the board.

§ 914. It is the duty of the treasurer:

1. To receive all moneys belonging to the county, and all other moneys by law directed to be paid to him, and to apply them and render account of them as required by law;

2. To keep a true account of the receipt and expenditure of all such moneys in books provided for the purpose at the expense of the county;

3. On or before the first day of March, in each year, to transmit to the comptroller a statement of all moneys received by him during the preceding year, for penalties, belonging to the people of the state; and, at the same time, to pay to the treasurer of the state the amount of such penalties, after deducting his compensation, in the same manner as state taxes are directed to be paid;

4. To exhibit to the board of supervisors, at their annual meeting, or whenever they direct, all his

books and accounts, and all vouchers relating to the same, to be audited and allowed.

915. Whenever the right of any county treasurer to his office expires, the books and papers belonging to the office, and all moneys in his hands by virtue of his office, shall, upon his oath, or, in case of his death, upon the oath of his executors or administrators, be delivered to his successor. Any person violating this section is liable to the county in a penalty of twelve hundred and fifty dollars.

§ 916. The delivery of such moneys, as well as the books and papers, may be enforced by proceedings under article VII of chapter VI of title I of part III of this Code, entitled, "Proceedings to compel the delivery of books and papers by public officers."

books, pa

Delivery of

pers and funds to



ings to enforce deli



§ 917. Except in the counties for which special compensaprovision is made by law, the compensation of the treasurer shall be fixed by the board of supervisors, not exceeding one-half of one per cent on moneys received and one-half of one per cent on moneys paid.

of bond.

§ 918. The board of supervisors shall bring Prosecution action on the treasurer's bond whenever required

to do so by the comptroller, or whenever they have knowledge of any breach of the bond.

Application of recovery.

Chamberlain of the city of New York.


to Code of Civil Procedure.

§ 919. The moneys recovered shall be applied by the board to the use of the county, except that any moneys so recovered which were received by the treasurer for the use of the state or other party shall be paid by the supervisors to the treasurer of the state or other party.

§ 920. The chamberlain of the city and county of New York is the treasurer thereof; and all the provisions of this article apply to him, except such as are inconsistent with the provisions of law specially relating to him.

§ 921. Other provisions respecting the county treasurer are contained in the CODE OF CIVIL PRO


Duties of County elerk.



SECTION 922. Duties of county clerk.

923. Compensation from the state.

924. Seal.

925. In what case county judge may decide insufficiency of


926. No charge against the county for certain expenses.

From 1 R. S., 685.

§ 922. It is the duty of the county clerk in each county:

1. To take custody of all the books, records, deeds, parchments, maps and papers now deposited or hereafter to be deposited in his office; and to keep the same in good arrangement and preserva


2. To provide proper books for recording all matters and documents required or authorized to be recorded in his office;

3. Whenever any commission or supersedeas is received at his office, to give immediate notice, at the expense of the state, to every person named therein;

4. To give immediate notice to the governor whenever an office becomes vacant, by the happening within his county of the event mentioned in subdivisions 1 or 4 of section 232; and on or before the fifteenth day of January in each year, to report to the governor the names of all persons appointed to office in the county who, during the preceding year, have taken the oath or given the bond required, and of all persons required to do so who have neglected it; and of all vacancies in the county in any civil offices;

5. To report to the district attorney of the county all omissions by any town officers to transmit to such clerk any returns or other documents they are by law required to do;

6. On or before the first day of January in each year, to report to the comptroller the names of all religious societies incorporated in the county during the preceding year;

7. To keep in his office a book, free at all times to public inspection, in which he shall enter all

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