New York (State). Dept. of State.
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New York (State). Dept. of State.
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New York (State). Dept. of State.
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Biographical History
Early commissions were recorded by the secretary of the Colony of New York. Chapter 12 of the Laws of 1778 appointed the secretary of state the clerk of the Council of Appointment. The 1821 state constitution abolished the council, and its powers were transferred to the governor.
The register was compiled pursuant to Chapter 674 of the Laws of 1898 that required the Secretary of State to determine the names of these absentees.
This volume was probably originally the property of the law partnership of Hale Kingsley and James W. Bentley. These lawyers either as a team or singly are identified in the volume as being involved with almost every case recorded in the volume. Bentley, whose name also appears on the coversheet, was employed by the secretary of state as assistant examiner of corporations.
Alien depositions were submitted to the Secretary of State's office in Albany pursuant to an act passed April 21, 1825 enabling resident aliens to acquire, own, and dispose of real property. The alien's right in regard to real property expired six years after filing the deposition. The 1825 law pertained only to individuals specified by name, but was amended in 1826 to provide for a more general application. After the mid-nineteenth century women made many of the alien depositions (up to one third of the total). Statutes passed between 1848 and 1862 allowed married women in New York to own real property in their own names.
Although compilation of these reports began in 1847 (L.1847, Ch. 464), they were not filed with the secretary of state until 1860 (L. 1860, Ch. 80). By 1870, the county clerk was required to forward a list of name changes of corporations to the secretary of state (L.1870, Ch. 322).
Chapter 249 of the Laws of 1830 designated the governor, lieutenant governor; speaker of the assembly secretary of state, attorney general, and comptroller as Trustees of the State Capitol. Three years later these same officials were named Trustees of the Old State Hall and the next year their authority was extended to the New State Hall. The Trustees were responsible for the repair and alterations of the buildings in their charge, the construction of the New State Hall, and the sale of the Old State Hall. The Trustees had the authority to appoint building superintendents, hire workers, and purchase land and equipment to carry out this mandate. They were also responsible for assigning office space in state buildings.
Section 1171 of the Laws of the Colony of New York, passed on January 8, 1762, stipulated that patentees or other proprietors of large tracts of land who wished to divide their land among themselves or for sale, were obliged to have a survey made for these purposes. Two copies of the field notes and two copies of a map produced from these notes were required to be produced by the surveyor. One set of field notes and maps were filed with the secretary of the colony and the other with the clerk of the county where the greatest part of the land lay.
After the establishment of New York State a similar system was adopted for the disposal of unappropriated state-owned land. Chapter 60 of the Laws of 1784 required the surveyor general to have a survey made each time a group of settlers petitioned the state for a land grant, so that the land granted could be equitably divided into lots. Four copies of the surveyor's field notes and four copies of a map produced from these notes were to be produced. These were filed in the secretary of state's office, the surveyor general's office, the office of the clerk of the county where the land lay, and the clerk of the town where the land lay.
Throughout the late eighteenth and the first half of the nineteenth century the legislature from time to time directed the surveyor general to have special surveys conducted to divide privately held patents or estates. Multiple copies of survey notes and maps were produced from these surveys and filed in a manner similar to surveys undertaken under Chapter 60 of the Laws of 1784. In 1819 the legislature directed the secretary of state to bind and/or label all records in his custody. At that time all surveys in the custody of the secretary of state were arranged and bound into the present series. The maps relating to these surveys were numbered and are now in the custody of the Office of General Services, Division of Land Utilization.
Under the Act of 1808 (Chap. 215), lands deeded to the state were originally purchased by private persons, who gave mortgages to the state or to the Commissioners for Loaning Money. When the purchasers failed to make the required payments of principal and interest, the mortgages were foreclosed and the property offered for sale. When no second purchaser appeared, the Attorney General or the Commissioners conveyed the property to the people of the State of New York. These conveyances were authorized by Laws of 1805, Chap. 135, and Revised Statutes of 1829, Part I, Chap. 9, Title 6, Section 16.
The optional city government management plans were adopted under the Home Rule Power Act of 1914. Under the Home Rule Act city governments had the option of choosing the type of government they wanted. They could choose to have a city manager, a mayor and a council, a limited council with a city manager, or a council making all decisions affecting the city. Citizens voted on these choices on Election Day and then the decisions were filed with the Department of State.
Unions were allowed to register their labels, marks, names, brands or devices with the Office of the Secretary of State to provide for protection against duplication. The law was amended in 1943 to substitute the Department of Labor as the registering agency.
These certificates were authorized by an act of the Legislature dated March 22, 1811, entitled "An Act relative to Incorporations for manufacturing purposes". This act provided "that at anytime within five years hereafter, any five or more persons who shall be desires to form a company for the purpose of manufacturing woolen, cotton, or linen goods, or for the purpose of making glass, or for the purpose of making from ore, bar-iron anchors mill irons, steel nail rods, loop iron, and mongery, sheet copper, sheet lead shot, white lead and red lead, may make, sign and acknowledge before a Justice of the Supreme Court, a judge of the Court of Common Pleas or a Master in Chancery, and file in office of the Secretary of this State, a Certificate in writingƯ"
These records were compiled pursuant to Chapter 297 of the Laws of 1929 which required the state tax commission to transmit to the Department of State a list of all corporations not having filed an annual franchise tax return during a five year period from its date of incorporation or filing of last return. The New York State Bulletin was published by the Department of State pursuant to Chapter 652 of the Laws of 1981, which required that among other items, the Bulletin was to include the names of all corporations dissolved by proclamation. The Bulletin was published between 1928 and 1979 and is now entitled the New York State Register.
The Council of Appointment was created by the 1777 state constitution for the purpose of selecting individuals to fill non-elective offices. The council was composed of the Governor and four senators chosen by the Assembly. The council was abolished in 1822 after the ratification of the 1821 constitution.
These lists were required under the provisions of an act of the Legislature, Chapter 40, Laws of 1848, entitled " An act authorize the formation of corporations for manufacturing mining, mechanical, or chemical purposes." Section 12 of this act provided that "every such company shall annually within twenty days from the first day of January make a published report which shall state the amount of capital, and the proportions actually paid in, and the amount of its existing debts; the report shall be signed by the president and majority of the trustees, and verified by the oath of the president or secretary of company, and filed in the office of the clerk of the county where the business of the company is carried on."
Article 11 of the Highway Law established regulations for the licensing of drivers, the registration of motor vehicles, the use of public highways, and the speed of motor vehicles. Chapter 374 of the Laws of 1910; which enacted Article 11 of the Highway Law, gave the authority to register motor vehicles and license drivers to the Secretary of State. It also mandated the trial court or court clerk to immediately certify the facts of the case of any conviction under Article 11 of the Highway Law to the Secretary State. The clerk was required to record this information in a register.
The secretary of state's office was responsible for records in these commissions which appointed the secretary as the clerk to the Council of Appointment. The council was abolished in 1822 with the ratification of the 1821 constitution and its powers transferred to the governor whose appointees were confirmed by the senate
The poll book were created pursuant to Chapter 674 of the Laws of 1898 which authorized the Secretary of State to prepare at least two books for each poll for the use of the inspectors of elections throughout the various military polls.
The Council of Appointment was created by the 1777 state constitution for the purpose of selecting individuals to fill non-elective offices. The council was composed of the Governor and four senators chosen by the Assembly. The council was abolished in 1822 after the ratification of the 1821 state constitution.
These bonds were issued under the provision of an act of the Legislature, dated May 14, 1845, and entitled "An act in relation to the construction of the New York and Erie Railroad." This act provides that the bonds issued for the construction of the railroad (the amount authorized being limited to $3,000,000)} shall be numbered and registered in the office of the Secretary of State, and shall thereupon become, and be, to all intents and purposes, mortgages to the People of this StateƯ."
Bonds for the Hudson and Berkshire Railroad Company were issued under the provisions of an act of the Legislature, dated December 14, 1847, entitled "An Act to release the prior lien of the State on the Hudson and Berkshire Railroad . . . " The act provides that the bonds issued (the amount authorized being limited to $175,000) " shall be made payable to the Comptroller of the State, for the use of the holders there of; shall be numbered and registered in the office of the Secretary of State, and countersigned and issued by said Comptroller, and that such bonds . . . shall thereupon immediately become a mortgage lien upon said road and its appurtenances . . ."
CURRENT FUNCTIONS. The Department of State is responsible for a wide variety of licensing, regulatory, record-keeping, municipal assistance, and planning functions.
The department licenses and regulates real estate brokers and salespersons; barbers; cosmetologists and hair dressers; private investigators; watch guard and patrol agencies; the manufacture, renovation and sale of articles of bedding and upholstered furniture; apartment information vendors; and hearing aid dealers. It also registers charitable organizations, trademarks, trading stamp companies, and games of chance utilized in promoting retail sales; hotel and motel names; and supervises the administration of cemetery corporations. Notaries and commissioners of deeds in other states and territories are appointed by the Department of State.
The department is the official office of record for filing many documents, including executive proclamations; commissions; pardons and commutations; land patents; laws signed by the governor; financing statements under the Uniform Commercial Code; and certificates of incorporation except for banking, insurance, or educational corporations. As an extension of its record-keeping function, the department certifies copies of State laws and publishes the Legislative Manual; the Official Compilation of Codes, Rules and Regulations of the State of New York; and the New York Register, the official State publication announcing proposed administrative regulations.
It coordinates fire safety activities of State and local agencies and advises and assists local governments with planning and development activities. The department administers the State's coastal-management program and ensures that efforts concerning the coastal zone are useful to the planning, development, and regulatory activities of State, regional and local agencies. It also provides oversight, technical assistance, guidance, and training programs for local governments and local code-enforcement officials in support of the Uniform Fire Prevention and Building Code. The department is the administrative location for the State Athletic Commission and the State Ethics Commission and serves as secretariat to the Committee on Open Government. The secretary of state serves as a member of several state boards and commissions.
ORGANIZATIONAL HISTORY. The office of secretary of state was inherited from the colonial period during which the secretary of the Province of New Netherland and the secretary of the Colony of New York acted as clerks to the governor's council and maintained the records of the colonial governments. Although neither the first State constitution of 1777 nor any statute specifically created the office within State government, the Council of Appointment appointed a secretary of state in 1778. Records of the colonial governments were immediately transferred to the secretary, thus establishing the office's role as records custodian. Beginning with the oaths of office in 1778 (Chapter 7), several statutes in subsequent years required the official filing of specific documents or records with the secretary.
The means of selecting the secretary of state changed several times. The constitution of 1821, which abolished the Council of Appointment, provided that the secretary be selected by the legislature. The State's third constitution of 1846 made the office elective. It remained that way until 1926 (Chapter 437), when the act creating the modern Department of State allowed the governor to appoint the secretary as head of the new department.
From the year the first secretary was appointed, the office was assigned certain duties by statute. In 1778 the secretary was made ex officio clerk of the Council of Appointment. Several years later (Laws of 1784, Chapter 60), the secretary was designated a commissioner of the land office. When the commissioners of the canal fund were established in 1817 (Chapter 262), the secretary was a member. In 1821 (Chapter 240) the office of superintendent of common schools was abolished and its duties transferred to the secretary of state, where they remained until they were transferred to the newly created Department of Public Instruction in 1854. The secretary also was a member of the Board of Regents of the University of the State of New York by virtue of his office from 1842 (Chapter 142) to 1904 (Chapter 40), when ex officio membership on the board was ended.
The 1925-26 reorganization of State government resulted in the creation of the Department of State in 1926 (Chapter 437), with the secretary of state as department head. As constituted by law, the department included the Board of Commissioners of the Land Office, of which the secretary was chairperson (transferred to the Office of General Services by the Laws of 1960, Chapter 462); the State Athletic Commission, which regulated boxing and the members of which were appointed by the secretary; the State Racing Commission, which regulated horse racing and whose members were appointed by the secretary (duties transferred to the newly created New York State Racing and Wagering Board in the Executive Department by the Laws of 1973, Chapter 346); the State Board of Canvassers, which certified election results and whose administrative staff was provided by the department; the port wardens of the Port of New York, whose members were appointed by the secretary (abolished by the Laws of 1928, Chapter 377); the Hell Gate Pilots, who were appointed by the secretary (transferred to the Board of Commissioners of Pilots by the Laws of 1939, Chapter 661); and a Division of Licenses responsible for the regulation and licensing of various business activities.
In 1975 (Chapter 464), the Office for Local Government (established by the Laws of 1959, Chapter 335) and the Office of Planning Services (previously the Office of Planning Coordination, established by the Laws of 1966, Chapter 528, and changed to the Office of Planning Services by the Laws of 1971, Chapter 75) were abolished and their functions transferred to the Department of State. These functions included coordinating fire services in the State and advising and assisting local governments in their planning activities and furnishing information relating to the development of their resources.
When the State's Freedom of Information Law was revised in 1977 (Chapter 933), the secretary of state was made a member and secretariat of the Committee on Public Access to Records created in 1974 (Chapter 579) to administer the law.
In 1983, Executive Order No. 23 established the Office of New York State Ombudsman under the jurisdiction of the secretary of state. Among other things, the office serves as a clearinghouse for information relating to services to which persons are entitled; provides referral services for individuals seeking federal, State, or local assistance; and investigates complaints concerning the delivery of services by State agencies.
The Ethics in Government Act (1987) created the State Ethics Commission to interpret, administer, and enforce the provisions of the law. The commission receives, files, and reviews annual financial disclosure statements (Section 73, Public Officers Law) of policy-making officials of the State's departments, divisions, and agencies and issues advisory opinions concerning possible conflicts of interest resulting from financial holdings or outside employment.
The office of the secretary of state has served as the general recording office for State government since its creation in 1778. Cognizant of the historical value of many of the records in the secretary's custody, the legislature authorized by concurrent resolution in 1847 the transfer of the most valuable of these records to the New York State Library. The first transfer occurred shortly thereafter, and the library continued to accept and preserve records from the department until 1978, when custody of these records was transferred to the newly created New York State Archives.
The electoral college was created under provisions outlined in the United States Constitution and first organized in New York in 1792 (L. 1792, Ch. 72). This law provided for the appointment of electors by the Legislature. In 1825 this system was discarded in favor of one that would select electors on a district system (L.1825, Ch. 33) but this system was used only for the 1828 presidential election. In 1929, the general ticket system was adopted (L.1929, Ch. 139).
The first state constitution of 1777 empowered the governor to grant reprieves and pardons to persons convicted of crimes other than treason or murder.
The Census was taken pursuant to Chapter 175 of the Laws of 1801 and Section 12 of the Constitution of 1777. The compilation of this census was administered through the secretary of state's office.
The oaths were recorded pursuant to Chapter 28 of the laws of 1778, which required all persons holding offices or places under the state government to take an oath swearing to support the constitutions of the United States and New York State.
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Subjects
United States
United States
Education
Algonquian Indians
Aliens
Allotment of land
Armories
Bills, Legislative
Bounties, Military
Brothertown Indians
Business
Business names
Campaign funds
Campaign management
Canals
Capitols
Cayuga Indians
Census
Certificates of incorporation
Charters
Chattanooga, Battle of, Chattanooga, Tenn., 1863
Citizenship
City planning
College facilities
Commissioners of deeds
Community development, Urban
Conservation of natural resources
Constitutional convention
Constitutions
Corporations
Correctional institution
County school systems
Courts
Crime and criminals
Elections
Electoral college
Emigration and immigration
Eminent domain
Finance, Public
Finance, Public
Foreclosure
Gettysburg, Battle of, Gettysburg, Pa., 1863
Gold mines and mining
Government lending
Government property
Government publications
Governor
Governor
Hospital Planning
Incorporation
Indians of North America
Indians of North America
Indians of North America
Iroquois Indians
Judges
Judgments
Labor unions
Land grants
Land settlement
Land titles
Land use
Land use
Legislation
Letters patent
Libraries
Liquidation
Lobbying
Lobbyists
Local government
Military reservations
Miltary bases
Mohawk Indians
Montauk Indians
Monuments
Mortgages
Mountains
Municipal government
Names
Naturalization
Natural resources
Newspaper publishing
Nominations for office
Notaries
Oneida Indians
Onondaga Indians
Pardon
Peddlers and peddling
Political action committees
Political planning
Population
Presidents
Primaries
Printing, Public
Prisoners
Probate record
Procedure (Law)
Real property
Real property
Prospecting
Public buildings
Public lands
Public officers
Public schools
Public service commission
Railroads
Recreation and state
Reformatories
Refuse and refuse disposal
Regional planning
Right of way
Schools
Schools
Secretariats
Seneca Indians
Silver mines and mining
State government publications
Stockbridge Indians
Subpoena
Summons
Surveying
Surveys
Trademarks
Transfer of cause
Transportation and state
Trials
Tuscarora Indians
War memorials
Wawayanda Patent (N.Y.)
Wills
Writs
Nationalities
Activities
Accounting
Adjudicating
Administering
Administering elections
Administering local government
Administering probate records
Administering public schools
Administering state government
Admitting
Advocating legislation
Appointing
authorizing
Certifying
Collecting
Coordinating inaugurations
Disbursing real property
Documenting taxation
Documenting war memorials
Elections
Environmental policy
Establishing boundaries
Filing deeds
Government services
Hearing
incarcerating
Indexing
Issuing letters patent
Land
Legislating
Licensing
maintaining
Maintaining infrastructure
Managing
Managing land use
Managing natural resources
Managing state government publications
Monitoring
Monitoring financial records
Monitoring publications
Monitoring state government publications
Monitoring students
Naturalizing
Negotiating
Negotiating treaties
Oaths
Pardoning
Pardoning convicts
Planning government policy
Planning land use
Publicizing
Publishing state government records
Punishing
Recording
Recording announcements
Recording commissions
Recording deeds
Recording filing fees
Recording land grants
Recording land surveys
Recording land use maps
Recording letters patent
Recording licenses
Recording patents
Recording surveys
Records management
Registering
Registering conveyances
Regulating
Releasing
Releasing convicts
Reporting
Researching
Surveying
Surveying land grants
Occupations
Legal Statuses
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Orange County (N.Y.)
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United States
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Otisville (N.Y.)
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Schaghticoke (N.Y.)
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Franklin County (N.Y.)
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Adirondack Mountains (N.Y.)
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Erie Canal (N.Y.)
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Lewis County (N.Y.)
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Fulton County (N.Y.)
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Essex County (N.Y.)
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Mamakating (N.Y.)
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Warren County (N.Y.)
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New York (State)--Monroe County
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Watertown (N.Y.)
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Chattanooga (Tenn.)
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Champlain Canal (N.Y.)
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Montgomery County (N.Y.)
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Black River Canal (N.Y.)
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Canada
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Susquehanna River Valley
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Jefferson County (N.Y.)
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Saratoga County (N.Y.)
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Wisconsin
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New York (N.Y.)
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Herkimer County (N.Y.)
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East Hampton (N.Y.)
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New York (State)
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Mohawk River Valley (N.Y.)
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Monroe County (N.Y.)
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Adirondack Park (N.Y.)
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New York (Colony)
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Homer (N.Y.)
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Gettysburg (Pa.)
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Oswego Canal (N.Y.)
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Sullivan County (N.Y.)
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Delaware
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Washington County (N.Y.)
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New York State Barge Canal System
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Cayuga and Seneca Canal (N.Y.)
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Vermont
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Oneida County (N.Y.)
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Fort Drum (N.Y.)
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Erie County (N.Y.)
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Kings County (N.Y.)
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Hamilton County (N.Y.)
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Pennsylvania
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Mt. Hope (N.Y.)
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Clinton County (N.Y.)
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St. Lawrence County (N.Y.)
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