Section 917. Transcripts of accounts in offices of county clerks; violations  


Latest version.
  • 1. A transcript of the account shall be made in such form as
      shall be prescribed by the comptroller of the city  of  New  York.  Such
      transcript  shall  contain  a statement of all moneys either received by
      such clerks and their subordinates or which they are entitled to  demand
      and  receive  for  services performed by them in their official capacity
      since making the last preceding transcript and  return,  specifying  the
      total  amount  received  from or charged to each person and corporation,
      and the character of the services rendered. It shall be  transmitted  to
      such  comptroller  within  ten days from the expiration of each calendar
      month, verified by the oath of such clerks or their deputies.
        The verification shall  be  positive  and  not  upon  information  and
      belief.
        The  comptroller  may  examine  the  county  clerks  or  any  of their
      subordinates under oath, touching the  amount  of  moneys  paid  to  and
      received  by  such  clerks  and  their  subordinates  in  their official
      capacity, and touching any statements contained in or required  by  this
      article  to  be  contained  in such certified transcript and return.  An
      order for such examination must be granted by a justice of  the  supreme
      court   whenever   an   application  shall  be  made  therefor  by  such
      comptroller, and such examination shall take place before such justice.
        2. It shall be unlawful for the clerks of the counties comprising  the
      city  of  New York or any of their subordinates to receive for their own
      use any moneys belonging to the city of  New  York,  or  to  neglect  to
      render  to  the  comptroller  of  the city of New York an account of the
      moneys which they have received or are  entitled  to  receive  in  their
      official  capacity  or pay over the same as in this article required, or
      to make a false statement in the certified transcript and return  or  to
      swear falsely upon the examination by the comptroller.
        3.  Any violation hereof by such clerks or any such subordinates shall
      be a misdemeanor. In addition thereto, such clerks or such  subordinates
      shall  also  forfeit  any sum that may be due them on account of salary,
      and shall be liable to the city of New York, in a civil  action  at  the
      suit of the city, for all moneys received and not accounted for and paid
      over into the treasury of such city pursuant to the requirements of this
      article.