as is allowed by law to the controller, in proportion to the time he shall be employed in such service. ART. 327, Sec. 13. If the controller shall willfully neglect, or refuse to perform any duty enjoined by law, or by color of his office shall knowingly do any act not authorized by law, or in any other manner than is authorized by law, he shall be deemed guilty of a misdemeanor in office. ART. 328, Sec. 14. The secretary of state shall procure and deliver to the controller a seal of office, with some suitable device, and having engraved around the margin thereof the words "Office of the Controller, California," a description of which seal shall be retained in the office of the secretary of state, as a record; said seal shall be used for the authentication of all drafts and warrants drawn by the controller, and of all copies of papers issued from his office; and until such seal is procured, he shall use his private seal. The controller is hereby authorized to employ a clerk in his office, who shall receive for his services such salary as may be fixed by law. ART. 329, Sec. 15. The office of controller shall be open for the transaction of business from 10 o'clock A. M. to 2 o'clock P. M. of every day of the excepted.) year, (Sundays Act of Jan. 31, 1850, prescribing the mode of receiving, keeping, and paying out the Public Funds. ART. 330, Sec. 1. That whenever any officer, or other person or persons, or corporation, has received moneys belonging to the state, or has been intrusted with the collection, management, or disbursement of any moneys, bonds or interest accruing therefrom, belonging in like manner to, or held in trust by, the state, and shall fail to render an account thereof to, and make settlement with, the controller within the time prescribed by law, or when no particular time is specified, shall fail to render such account and make settlement upon being required so to do by the controller, within twenty days after such requisition, it shall be the duty of such controller to state an account of such officer, or person or persons, or corporations, charging twenty-five per cent damages, and interest at the rate of ten per cent. per annum from the time of failing to render an account and settle as aforesaid. Sec. 2. Whenever any officer, or other person or persons, or corporation, shall be indebted to the state, and fail or refuse to make settlement with the controller as in this act required, and shall fail to pay over to the treasurer, on the printed or written order of the controller, according to the provisions of this act, the amount or balance to be paid by such officer, or other person or persons, or corporation, into the treasury, or to such person or persons entitled by law to receive the same, within the time prescribed by law, or if no time be prescribed by law then within twenty days after, the controller shall notify such officer, or other person or persons, or corporation, to settle and pay the same; said controller shall, upon being informed and notified, or coming to his knowledge from any source whatever of such failure, shall cause suit to be instituted against such officer, or other person or persons, or corporation, thus in default, for the recovery of the amount thus due and unpaid, with damages and interest thereon. Sec. 3. A copy of the account in such case made out and certified by the controller, with his official seal affixed thereto, shall be sufficient evidence to support an action in any court of competent jurisdiction for the amount or balance stated therein to be due, without proof of the signature or official character of such controller; subject, however, to the right of the defendant to plead and give in. evidence, as in other actions, all such matters as shall be legal and proper for his defense or discharge. Sec. 4. The party thus sued shall be subject to the costs and charges of suit, whether the ultimate decision be against him or in his favor, except in cases in which he shall have rendered a true account, and shall also have paid the full amount to the proper person authorized by law to receive the same, before the commencement of said suit; or when the suit is brought to recover against a deceased debtor to the state, before the expiration of the time prescribed by law, within which representatives are allowed by law to qualify on estates. Sec. 5. If any defendant in any suit prosecuted at the instance of the controller under the provisions of this act, shall at the trial give any evidence which existed prior to the time, and within the knowledge of the defendant at the time of such adjustment and settlement of his accounts, and which was not produced to said controller at the time of said settlement, such defendant shall be subject to the costs and charges of said suit, whether the ultimate decision be against him or in his favor. ART. 331, Sec. 6. The controller shall charge and enter in a proper book or books, to be provided for that purpose, under distinct heads, for each debtor, or disburser, or holder of public moneys, or dues to the state, of all and every description whatever, with a suitable index arranged in alphabetical order, of all such persons, corporations, states, or the United States, as soon as such liabilities or indebtedness shall come officially to his knowledge, charging such officer, person or persons, corporations, states, or the United States, with the amount or amounts of such liabilities, stating whether such dues be in money, property, or securities of any kind; and particularly of all collectors of the public revenues of the state, and all dues to the state, whether money, property, securities, or other things from any and all sources whatever; and as soon as the same is due by law, or if no time be stipulated or fixed by law, then as soon after twenty days' notice as said controller shall require the same to be paid, said controller shall audit and state, and require payment thereof; and if not paid to proceed as directed by this act by suit for the collection of the same, provided he shall not institute suit against any state or the United States without instructions from the legislature. Sec. 7. Whenever any such debtor or debtors to the state have any such dues to the state ready to pay over, it shall be the duty of such debtor or debtors to call on the controller for settlement of his or their account; and after such settlement it shall be the duty of the controller to issue his written or printed order, beginning with number one and running in numerical order until the end of the fiscal year, and directed to the treasurer, to receive from such person making such payment, stating in such written or printed order the amount of money to be paid in such forms as he may prescribe, and hand said written or printed order to said debtor or person offering to pay money, who shall take the same to the treasurer, and pay over to him the amount specified in said written or printed order, and take from the treasurer a receipt for the said amount; and on the delivery of said receipt to the controller it shall be his duty to give to said debtor a discharge for the said amount, and the controller shall immediately charge the treasurer with the same; and in no case shall a discharge be granted to any debtor, but on the delivery to the controller of the treasurer's receipt, predicated on a previous and corresponding written or printed order to pay such amount into the treasury in the manner prescribed in this act. Sec. 8. It shall be the duty of the controller to open and keep in a suitable book or books, to be provided for that purpose, an account with the treasurer, charging him in the manner hereinbefore prescribed, with all the moneys for which the treasurer may grant receipts, and with no other. ART. 332, Sec. 9. Whenever any person is entitled to draw or to receive any money from the treasury, the controller shall draw a warrant in his favor on the treasurer, and deliver the same to the person entitled thereto, taking his receipt for the same in a book of receipts to be provided for that purpose, numbering the receipt the same as the warrant; and shall give the treasurer credit for all such warrants in the order in which he issues the same in such manner as to show the date thereof, in whose favor it was drawn, the nature of the claim upon which it is founded, with a reference to the law under which it is drawn. Sec. 10. It shall be the duty of the controller to number all the written or printed orders he issues to the treasurer to receive money, beginning with number one at the beginning of each fiscal year, and running in numerical order until the end of that fiscal year; the present fractional year to constitute the first fiscal year. It shall likewise be the duty of the controller to see before filing the treasurer's receipts that they are numbered with the corresponding number of the written or printed order on which the receipt was predicated, and to number on the back of each receipt the number thereof, and for what fiscal year, fully file away and preserve the same. and care Sec. 11. A joint committee of the legislature, or a committee of either house, shall have power to examine the controller's and treasurer's office books and papers, and the joint committee shall cancel such warrants and written or printed orders of the controller, when found correct, up to the end of the preceding fiscal year, in such way as not to render them unintelligible, which shall be carefully preserved by the controller after such cancellation. Sec. 12. If errors in the accounts of the controller or treasurer shall be detected, amounting in the opinion of said committee to malfeasance or misfeasance in office, the said committee shall report the fact to the legislature or to the house by which the committee was appointed. Sec. 13. It shall be the duty of the treasurer to receive and take charge of, and safely keep in his official character, all moneys directed by the controller on his written or printed order to receive into the treasury, crediting the particular fund therefor, specified in said order, in a proper book or books to be provided for that purpose, and shall grant his receipt to the person paying the same, specifying in said receipt what fund has credit for it, numbering the receipt the same as the order on which said receipt is predicated, and shall carefully file away and preserve the said orders, indorsing the number thereon. On the payment of any warrant by the treasurer, drawn by the controller on him, he shall take the receipt of the person to whom the money is paid on the back of the warrant, and carefully file away and preserve the same, indorsing thereon the number thereof. Sec. 14. It shall be the duty of the controller to provide suitable blanks and books, and furnish the assessors and collectors of each county with the same, in such form and manner as will best effect the object of the statutes providing for the assessment and collection of the public revenues of the state. Act of Feb. 20, 1850, concerning the Revenue, Funds, Expenditures, and Property of the State, and the management thereof. ART. 333, Sec. 1. That all money, debts and other property, belonging to the treasury proper, together with the increase and revenue thereof, and the addition which may be made thereto, shall be known and denominated as the general fund. Sec. 2. All money arising from the sale of any land belonging to the state and not otherwise appropriated, or may hereafter belong to it, shall be paid into the state treasury, and constitute a part of the general fund. Sec. 3. All money paid by the general government, from any other source not otherwise appropriated, shall be paid into the state treasury, and constitute a part of the general fund. Sec. 4. All money received by any public officer for penalties or forfeitures, and not especially appropriated to any other fund, shall also be deemed to be a part of the general fund. Sec. 5. All money received for any property of the state, and not specially appropriated, shall be deemed part of the general fund. Sec. 6. All other funds not included in the general fund shall be denominated specific funds, and kept under appropriate heads by the controller and treasurer. Sec. 7. There shall be allowed to the several officers and persons, hereinafter mentioned, their annual salaries as established by law, to be paid out of any moneys in the treasury belonging to the general fund and not otherwise specially appropriated by law; that is to say-there shall be paid to: 1. The governor and his private secretary such salary as may be fixed by law. 2. To the secretary of state. 3. To the controller of state. 4. To the treasurer of state. 5. To the attorney-general. 6. To the surveyor-general. 7. To the justices of the supreme court. 8. To the judges of the district courts. 9. To the superintendent of public instruction. 10. To the state translator. [Secs. 8 and 9, executed. Sec. 10 transferred to "salary." Secs. 11, 12 and 13, repealed.] Sec. 14. In addition to the salaries above-mentioned, there shall be chargeable to and from time to time paid out of the general fund: 1. The compensation fixed per day to each of the members of the senate and assembly while in attendance, and for mileage for traveling to and going from the seat of government, to be computed according to the distance on the route most usually traveled, at the season of the year when the legislature is directed to convene 2. The contingent expenses of each house certified by the principal officers of each house. 3. The compensation allowed to the officers of each house, as fixed by each house respectively. 4. The compensation allowed by law for criminal prosecutions, and in keeping and conveying criminals to the place of confinement in the several counties of this state, to be paid on the certificate of the judges of each court respectively, where such expenses may be incurred; the expenses of all printing done for the state; all moneys directed by law to be paid out of the treasury not specially charged to any other fund. Act of Feb. 7, 1857, concerning the Receipts and Expenditures of the State. ART. 334, Sec. 1. All moneys, and all evidences of indebtedness allowed by law, to be by any person paid for any purpose into the state treasury, shall be so paid upon the order of the state controller, as provided in section seventh of “An Act prescribing the mode of Receiving, Keeping, and Paying out the Public Funds," passed January thirty-one, one thousand eight hundred and fifty. Sec. 2. All warrants drawn by the controller upon the treasury, must distinctly specify the service or liability for the payment of which they are drawn, and when such service was performed, or such liability accrued; and no warrant shall be drawn on the treasury, except there be an unexhausted specific appropriation by law to meet the same. ART. 335, Sec. 3. All officers or others, to whom contingent expenses are allowed, shall annually, in the month of January, make a statement in writing to the legislature, verified under oath, of the manner in which the various contingent funds allowed them have been expended during the year ending December 31, next preceding, specifying the items; and all officers, as above named, going out of office previous to the said time of making said statement, shall make the same up to the time of their going out of office. Sec. 4. Whatever surplus of any appropriation, or of any specific fund, which may have been created out of the general fund, may remain unexpended for the purpose for which the said appropriation was made, or said specific fund was set apart as aforesaid, shall then be transferred and returned to the general fund. ART. 336, Sec. 5. All taxes upon real or personal estate, all poll or other taxes, and all licenses levied in whole or in part for the use and benefit of the state, shall be collected and be paid into the state treasury exclusively, in the legal currency of the United States. Sec. 6. Between the first and fifteenth days of January in each year the state controller shall present in writing to the legislature a specific statement of the warrants on the treasury drawn by him during the year ending the thirty-first day of December preceding, showing the date of the warrant, the service or liability for the payment of which the warrant is drawn, the time when such service was performed or the liability accrued, out of what appropriation drawn, and its amount. ART. 337, Sec. 7. In all cases when it becomes the duty of the state treasurer to pay or provide for the payment of money at a place other than at the treasurer's office, he shall not take any money from the treasury, nor transfer the same, nor make arrangements or contracts for the purpose of making such payment, until within two months next preceding the time when the payment is required to be made. Sec. 8. All provisions of law hereafter made concerning the state finances or treasury shall be construed to be subject to the provisions of this act, and to be controlled thereby, unless there be a special provision declaring this act inapplicable thereto. Sec. 9. A willful violation of, or a willful neglect to comply with, the provisions of this act, shall be a misdemeanor in office, and the offender shall also be subject to impeachment. See Warrants of Controller, Office, Clerk, Treasurer, State, Revenue, Crimes and Punishments, Bonds, Clerk, Salary. 340. Conveyance of real estate to be acknowledged, etc. 361. Conveyance must be recorded, to be notice; valid 341. Acknowledgment, by whom to be taken. 342 Certificate of acknowledgment. 343. Person acknowledging must be personally known to officer, or identity proved. 344. Certificate, what to state. 345. Form of. 346. Form of, when grantor is unknown to officer. $47. Proof of execution of conveyance. 348. Same. 349. What proof necessary. 350. Certificate of proof, what to set forth. $51. Proof by evidence of handwriting. between the parties, without record. 362. Recorded, to be notice to third parties and subse quent purchasers. 363. Not recorded, void against subsequent purchasers. 364. Powers of attorney to sell real estate to be recorded. 365. Revocation of power to be recorded. 366. Conveyance, duly acknowledged, etc. may be read in evidence. 367. Transcript of lost instrument may be given in evidence. 368. Such evidence may be rebutted. 352. When certificate on proof of handwriting to be 369. When proof must be established by other evidence. granted. 370. Subsequently acquired title to inure to grantee. $53. Witness may be subpenaed to testify as to execu- 371. Claimant out of possession may convey interest. tion. 354. Penalty for refusing to obey subpena. 355. When conveyance entitled to be recorded. 356. How married woman may convey real estate. 357. What covenants to be binding on such married woman. 358. Who may take acknowledgment of married wo man. 372. "Real estate" defined. 373. "Conveyance" defined. 374. Mortgage recorded, how discharged. 376. Certificate of discharge of mortgage to be recorded. mortgage. 378. Conveyances heretofore made, etc. to be recorded. 359. When and how acknowledgment of married wo- 379. Legality of execution of instruments heretofore man to be taken. made, not affected. 381. Words of inheritance not necessary to convey the 385. Attornment of tenant, not necessary in certain fee. cases. 282. Heirs" or "issue," definition of, relative to re- 386. Attornment of tenant, when void. mainders. 333. Posthumous child to take. 387. Warranties, lineal and collateral, abolished. 388. "Grant," "bargain," "sell," what to import. III.-FRAUDULENT CONVEYANCES AND CONTRACTS. 380. Fraudulent conveyance void as to subsequent pur- | 390. Not deemed fraudulent if purchaser have legal chasers for value. notice, unless grantée privy to fraud. |