expenses when necessarily absent on public business pertaining to the duties of his office.

amended.

§ 2. Section forty-one of such chapter, as last amended by chap 41 ter three hundred and fifty-eight of the laws of nineteen hundred and twenty-five," is hereby amended to read as follows:

§ 41. Deputies. The comptroller shall appoint three deputies. Such deputies shall receive annual salaries to be fixed by the comptroller within amounts appropriated therefor by the legislature. Each of such deputies may perform any of the duties of the comptroller. The comptroller shall also appoint an assistant deputy who shall be the warrant clerk in his office, who shall assist the deputies in performing such duties as the comptroller may direct, and such assistant deputy shall receive such compensation as shall be fixed by the comptroller not in excess of the amount appropriated therefor by the legislature.

§ 3. Section forty-one-a of such chapter, as added by chapter 41 three hundred and fifty-eight of the laws of nineteen hundred and amended. twenty-five, is hereby amended to read as follows:

§ 41-a. Undertakings may be required. The comptroller may require his deputies and such other officers and employees of his department as he may determine to execute and deliver to him an undertaking or undertakings to the people of the state and to said comptroller in such penal sum as he may require with such surety or sureties and with the conditions prescribed by section eleven of the public officers law for other official undertakings. Such undertaking or undertakings to be approved as to form by the attorneygeneral and as to sufficiency of sureties by the comptroller and filed in the office of the attorney-general.

§ 4. This act shall take effect immediately.

AN ACT to amend the executive law, in conformity with the state departments law, generally

Became a law February 3, 1927, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§§ 80.

Section 1. Sections eighty, eighty-one and eighty-four1 of chapter L. 1909, twenty-three of the laws of nineteen hundred and nine, entitled ch. 23, "An act in relation to executive officers, constituting chapter 81, 84 eighteen of the consolidated laws, are hereby amended to read amended.

as follows:

Previously amended by L. 1910, ch. 189; L. 1911, ch. 568; L. 1919, ch. 165. Words "except as commissioner of the land office, commissioner of the canal fund and as state canvasser," omitted.

5 Remainder of section formerly read: "by the comptroller as to form and ficiency of sureties and filed in his office."

1Section 84 as amended by L. 1913, ch. 570.

§ 80, Special reports to legislature. The secretary of state, the comptroller, the commissioner of taxation and finance, the attorneygeneral and the superintendent of public works shall report upon all matters referred to them by the legislature or by either house. § 81. Quarterly account of fees. The secretary of state, the comptroller and the superintendent of public works shall, on the first days of January, April, July and October, file with the department of taxation and finance an account in writing of all fees by them respectively received during the preceding quarter, and pay the amount thereof into the treasury.

§ 84. Certain searches, the filing of papers, and certified copies, ordered by state officers to be gratuitous. Each of the following officers, to wit: the secretary of state, the comptroller, the commissioner of taxation and finance, the attorney-general, and the superintendent of public works," may require search to be made, in the office of either of the others, or of a county clerk, or of the clerk of a court of record, for any record, document, or paper, where he deems it necessary for the discharge of his official duties, and a copy thereof or extracts therefrom, to be made and officially certified or exemplified, without the payment of any fee or charge.

No salaried officer of any city, county, or court, of this state, or any public officer who is required by law to deposit the fees collected in his office into any city or county treasury, shall be entitled to receive from said state officers, or from a division or bureau of said state officers, any fee for entering, filing, docketing, registering or recording any paper, record or document required by law to be filed in the office of any such city, county, court, or public officer, or for a certified copy, transcript or extract of any paper, document or record on file in such office which he deems necessary for the discharge of his official duties, and every such officer must, upon application therefor, furnish to said state officers, or a division or bureau of said state officers, for such official use, a certified copy, extract or transcript of any paper, record or document on file in such office without the payment of the fee prescribed by law therefor.

§ 2. This act shall take effect immediately.

• Words "commissioner of taxation and finance" substituted for word "treasurer."

66

8 Words superintendent of public works" substituted for words "state engineer."

4 Words department of taxation and finance," substituted for words "treasurer."

Words superintendent of public works" substituted for words state engineer and surveyor."

Words "division or new.

1

CHAPTER 16

AN ACT to amend the Indian law to conform to the state departments law, in relation to Indian affairs

Became a law February 3, 1927, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ch. 31,

Section 1. Sections thirteen, fourteen, twenty and twenty-one L. 1909, of chapter thirty-one of the laws of nineteen hundred and nine, 13, entitled "An act in relation to Indians, constituting chapter 14. 20, 21 twenty-six of the consolidated laws," are hereby amended to read amended, as follows:

3

§ 13. Powers of departments of charities and education1 in relation to Indians. The department of charities2 shall hear and determine all questions which may arise in relation to moneys under the control of the state, belonging to any nation, tribe or band of Indians, or any individual Indian or his descendants, except moneys under the control of the state for the promotion of education among the Indians, and all questions which may arise between the various parties of such tribe or nation in relation to any of their lands, or the avails thereof; and shall make such treaties, contracts and arrangements with any such nation, tribe or band, or individuals, who have any claim upon any land in this state, or any money belonging to them under the control of the state, or for the purchase of any portion of such lands, as they may deem just and proper, or in relation to the expense of laying out and keeping in repair any public road passing through any lands occupied by Indians. "The department of education shall hear and determine all questions which arise in relation to moneys under the control of the state, belonging to any nation, tribe or band of Indians, for the promotion of education among the Indians. This section shall not apply to Seneca or Tonawanda nations.

§ 14. Trust funds for Indians. The departments of education and charities, respectively, for the purposes hereinafter specified, shall receive from any nation, tribe or band of Indians residing in the state, any sums of money which such Indians may wish to put in trust with the state of New York, upon condition that the interest or income thereof shall be paid over and applied, under the direction and in the discretion of the department of education, for the promotion of education among the Indians, and under the

1 Words "departments of charities and education " substituted for words "commissioners of land office."

2 Sentence to here formerly read: "The commissioners of the land office, with the approval of the governor."

Words except moneys under the control of the state for the promotion of education among the Indians," new.

Following sentence new.

66

Sentence to here formerly read: The commissioners of the land office." • Words "such commissioners" omitted.

direction and in the discretion of the department of charities," for the encouragement of religions among the Indians, or for any other purpose of public interest, use and benefit, which is a proper subject of taxation. Such money shall be in the custody and under the immediate charge of the head of the division of finance in the department of taxation and finance and, under the direction of the department by which it was received as provided in this section, invested by the comptroller in safe securities or in bonds of the state bearing interest at the rate of five per centum, to be created and issued therefor, and called "The Indian loans.

9

§ 20. Appointment, terms of office and qualifications of the agents of the Onondaga Indians. The offices of agent of the Onondaga Indians residing on the Onondaga reservation, and of agent of the Onondaga Indians residing on the Allegany, Cattaraugus, Tuscarora and Tonawanda reservations, are continued. Each of such agents shall be appointed by the 10state board of charities and shall exercise and perform his power and duties under the supervision, direction and control of the division of special welfare interests in the department of charities. The term of office of the agent of the tribe on the Onondaga reservation shall be one year. and of such other agent, four years. The compensation of each agent shall be paid by the state as follows: To the agent of the tribe on the Onondaga reservation, an annual salary of two hundred dollars, and an amount equal to four per centum upon the annuity money distributed by him in pursuance of law; to such other agent, an annual salary of one hundred and fifty dollars. Neither of such agents shall be further reimbursed for his expenses. 11Each such agent shall, before receiving any annuity moneys, execute and file with the department of charities an official undertaking in double the amount of the annuity moneys payable to him, in a form to be approved by the attorney-general and with securities approved by the state board of charities. The agent of the Indians on the Onondaga reservation shall reside in Onondaga county, near such reservation.

T

§ 21. Duties of agents. Each of such agents shall annually, on or before the first Monday of June, prepare and transmit to the department of charities12 a correct enumeration of such of the Indians of whom he is agent, as are entitled to receive annuity

7 Words 'the department of education, for the promotion of education among the Indians, and under the direction and in the discretion of the department of charities," new.

8 Words " and the promotion of education" omitted.

Sentence to here formerly read: "Such money shall be paid into the treasury and, under the direction of such commissioners."

10 Remainder of sentence formerly read: "Governor, by and with the advice and consent of the senate."

11 Following sentence formerly read: "Each such agent shall, before receiving any annuity moneys from the comptroller, execute and file with the comptroller an official undertaking in double the amount of the annuity moneys payable to him, in a form and with securities approved by the comptroller."

12 Words " department of charities" substituted for word comptroller."

moneys from the state. The state board of charities shall, upon receipt of such enumeration and undertaking, certify to the comptroller such enumeration and its approval of such undertaking and send to each such agent the annuity moneys payable by the state to the Indians of whom he is agent for which purpose such moneys shall be paid to the department of charities from the treasury on the audit and warrant of the comptroller upon requisitions approved by the department of charities. Each agent shall thereupon distribute such moneys to the Indians of whom he is agent who are entitled thereto, paying the same to heads of families and individuals so far as practicable, and shall forthwith report such distribution to the department of charities, which shall certify such report to the comptroller. Each such agent shall protect the rights and interests of the tribe of which he is agent, and perform such other duties in relation to them as may be required by the department of charities.15

§ 2. Sections seventy-four, eighty-one, eighty-six and one hun- $ 74, 81. dred of such chapter are hereby amended to read as follows:

§ 74. The attorney. The office of attorney of the Seneca nation of Indians shall continue. The state board of charities shall appoint1 to be such attorney, a person who shall have been an attorney and counsellor of the supreme court for at least three years. The term of office of such attorney shall be three years and he shall be paid by the state an annual salary of one hundred and fifty dollars. He shall advise such Indians in relation to their affairs, and in relation to controversies between themselves, or with any other person; shall, with the assent of the council, prosecute such actions and proceedings as he may deem proper and necessary; and shall defend all actions brought against such nation of Indians, or any of them, by white persons. If any suit shall be brought by such attorney for such Indians, without the assent of the council, he shall not be entitled to demand of such nation the costs of such suit, if he shall fail to recover, or be unable to collect such costs, of the defendants.

§ 81. Attorney. The state board of charities shall appoint an attorney and counsellor of the supreme court for at least three years to be the attorney for the Tonawanda nation of Indians,17 who shall be paid by the state an annual salary of one hundred and fifty dollars. He shall advise such Indians in relation to their affairs, and in relation to controversies among themselves or with any other person; shall prosecute such actions and proceedings for them, or any of them, as he may deem proper and

13 Following sentence formerly read: "The comptroller shall, upon receipt of such enumeration and undertaking, send to each such agent the annuity moneys payable by the state to the Indians of whom he is agent."

14 Words "to the department of charities, which shall certify such report,"

new.

15 Words "department of charities" substituted for word "governor."

"

16 Sentence to here formerly read: The governor shall appoint, by and with the advice and consent of the senate."

17 Sentence to here formerly read: "The district attorney for the county of Genesee shall continue to be the attorney for the Tonawanda nation of Indians, and."

86, 100 amended.