§ 149]                      Department of Finance.                            65

such amount so specified by the officer making the contract, and
to thereafter hold and retain such sum to pay the expense
incurred until the said contract shall be fully performed. And
such indorsement shall be sufficient evidence of such appropria¬
tion or fund in any action. The comptroller shall furnish to each
head of department, weekly, a statement of the unexpended bal¬
ances of the appropriation for his department. Wages and sala¬
ries, except as otherwise provided in this act, may be paid upon
pay-rolls, upon which each person named thereon shall separately
receipt for the amount paid to such person, and in every case of
payment upon a pay-roll, the warrant for the aggregate amount
of wages and salaries Included therein maybe made payable to
the superintendent, foreman or other officer designated for the
purpose. The comptroller shall enter into, upon behalf of The
City of New York, any lease authorized by the commissioners of
the sinking fund of property leased to the city. The assent of
the comptroller shall be necessary to all agreements hereafter
entered into by any city officer or department for the acquisition
by purchase of any real estate or easement therein, when such an
agreement involves an obligation to pay or an expenditure of any
money on behalf of the city, and in any proceedings that may
hereafter be had to acquire real estate or hereditaments for or on
behalf of the corporation of The City of New York, before an
award shall be confirmed, imposing an obligation upon the city
to pay any moneys, the comptroller shall have thirty days' notice
in writing, stating before whom and at what time such proceed¬
ing will take place. The comptroller of The City of New York
shall be elected and shall hold office as provided In this act, and
he shall receive an annual salary of ten thousand dollars.
L. 1883, ch. 410, g§ 123, 53; L. 1896, ch. 877.

(a)  By L. 1887, ch, 64, as amended    prima facie proved in legal proceed-
by L. 1888, ch. 85, warrants drawn    ings by production of receipts, pro-
upon the city treasury, after being    vided the same were given at least
audited and signed by the comp-    six years before the commencement
troller, may be signed by the mayor,     of proceedings.

or by either the president of board of        (c) The office of comptroller is a con-
aldermen or the chief clerk of mayor,     tinuous office, and in a case where the
according to written designation of    city is liable for the wrongful act of
the mayor, filed in offices of chamber-    its officer, the court is not bound to
lain and comptroller ; and such desig-    regard a change of incumbents, as the
nation may be revoked by mayor,     city is under an obligation to protect
The act further provides that war-    the officer against personal harm by
rants shall be paid by checks attached    furnishing the money necessary to re-
to same, signed by chamberlain, but    lieve him. People ex rel. Dannat v.
no countersignatare of checks by    The Comptroller, 77 N. Y. 45.
comptroller sliall be necessary.                    (d) Money paid by the comptroller

(b)  By L. 1884. ch. 376, payments    without authority of law can be re-
by  municipal  corporations   may be    covered back in an action by the city.

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