64 2.19

with sureties, for the faithful performance of his duties; but the said clerk and his sureties on his official bond shall be liable for all the official acts of each deputy. Sec. 3. All process issued, and all business done by any deputy clerk shall be in the name of the principal.

II. COUNTY CLERK.

Act of April 18, 1850, defining the Duties of County Clerk.

ART. 274, Sec. 1. The county clerk of each county in this state shall be ex officio elerk of the district court, court of sessions and probate court of his county." ART. 275, Sec. 2. Each county clerk shall take the oath of office, and give bond to the State of California in the form prescribed by the "Act concerning the Official Bond of Officers," conditioned for the faithful performance of the duties of his office. The penalty of the bond to be given by each county clerk shall be as follows: In the counties of San Francisco and Sacramento, thirty thousand dollars; in the counties of Calaveras, El Dorado and Tuolumne, twenty thousand dollars; in the counties of Monterey, Santa Clara, Los Angeles, Yuba, Sutter, San Joaquin and Mariposa, twelve thousand dollars. In each of the other counties of the state, six thousand dollars.

ART. 276, Sec. 3. Each county clerk may appoint one or more deputies, who shall have the same power, in all respects, as their principal. The appointment shall be in writing, and signed by the county clerk, and shall be filed in the office of the recorder of the county; he may revoke the appointment of any deputy at will, by writing, filed in the same office. Each deputy, before entering on his duties, shall take the oath of office, which shall be indorsed on his appointment.

ART. 277, Sec. 4. The county clerk may take from each of his deputies a bond with sureties for the faithful performance of his duties; but the clerk and the sureties on his official bond shall be liable for all the official acts of each deputy.

ART. 278, Sec. 5. All process issued by any deputy clerk shall be issued in the name of the principal.

ART. 279, Sec. 6. The county clerk shall, either in person or by deputy, attend each term of the county court, district court, probate court and court of sessions held in his county.

Ats ART. 280, Sec. 7. The county clerk shall keep his office at the county seat of his county, and shall take charge of and safely keep, or dispose of, according to P6 law, all books, papers and records which may be filed or deposited in his office.

ART. 281, Sec. 8. He shall issue all writs and process required to be issued from any court of which he is clerk; he shall enter, under the directions of the court, all orders, judgments and decrees proper to be entered; and shall keep in each of said courts a docket, in which shall be entered the title of each cause, with the date of its commencement, a memorandum of every subsequent proceeding in said cause, with the date thereof, and a list of all the fees charged in the cause, and shall keep such other books of record as may be required by law or by the rules of the court.

ART. 282, Sec. 9. For any wrongful act or any omission to perform any duty imposed on him by law, the clerk shall be liable on his bond to any person injured. ART. 283, Sec. 10. If any clerk shall knowingly and willfully do any act contrary to the duties of his office, or shall knowingly and willfully fail to perform any act or duty required of him by law, he shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in any sum not exceeding two thousand dollars, and may be removed from office.

ART. 284, Sec. 11. No clerk or deputy clerk shall be permitted to practice as an attorney or counselor at law in any action or proceeding in any court whatever; for violating the provisions of this section he shall be deemed guilty of a misdemeanor.

III.

CONTROLLER AND TREASURER OF STATE. Act of March 15, 1853, for appointment of Book-Keeper to the Controller and Temporary Clerk to the Treas

urer of State.

ART. 285, Sec. 1. That the controller of state be and he is hereby authorized and empowered to appoint an additional clerk for his department, who shall hold his office during the pleasure of the controller. Such appointment shall be made in writing, and be filed in the office of controller of state; and the controller so making the appointment, and his sureties, shall be responsible for the faithful performance of the duties of said clerk; and for his services said clerk shall receive the sum of two hundred and seventy dollars per month, to be paid in the same manner as the clerks of the several departments of state are now paid by existing laws. (1)

ART. 286, Sec. 2. That whenever, in the opinion of the treasurer of state, an additional clerk shall be necessary for the transaction of the business of his department, he shall have power to make such appointment, in the same manner as is provided for the appointment of an additional clerk to the controller, in section. one of this act. And said clerk, so appointed, shall receive for his services the sum of two hundred and seventy dollars per month, in manner and form as is provided for the payment of clerks in the several departments of state. (1)

ART. 287, Sec. 3. That all the clerks employed by the controller of state, treasurer of state, and the clerk employed by the board of examiners of war claims, shall each be paid for services rendered from the first day of June, one thousand eight hundred and fifty-two, at the rate of two hundred and seventy dollars per month. (1)

Act of May 7, 1853, in relation to Clerks in the Office of Controller of State.

ART. 288, Sec. 1. The controller of state shall have printed and forwarded to the auditor of each county all necessary blank licenses, where the moneys are payable for state purposes, and may allow to his authorized deputy, for signing any or all state licenses, the same rates of compensation as is, by law, allowed to the book-keeper in his office; such allowance to be paid only for the time actually employed by the said deputy in the discharge of his duties.(1)

[Sec. 2, executed. St. 1853, 146.]

IV. CLERK OF SECRETARY OF STATE.

Act of April 14, 1853, in relation to Clerks in the Office of Secretary of State.

ART. 289, Sec. 1. The secretary of state is hereby authorized to appoint an additional clerk for his department whenever he shall deem it necessary so to do. ART. 290, Sec. 2. The clerk heretofore employed in the office of the secretary of state shall be paid for his services from the first day of June, one thousand eight hundred and fifty-two, and the additional clerk from the day of his appointment, the same compensation as is, by law, provided to be paid to the clerks in the treasurer's and controller's departments. (1)

V.-PRIVATE SECRETARY TO GOVERNOR.

Joint Resolution of January 31, 1850, authorizing Governor to appoint a Private Secretary.

ART. 291, RESOLVED, by the senate (the house of assembly concurring), That the governor be and is hereby authorized to employ a private secretary, to be paid such compensation as may be provided by law, out of any fund not otherwise appropriated.(2)

See Office, Crimes and Punishments, Salary, Bonds, Bills.

(1) Reduced to two hundred dollars. See Salary.

(2) See Salary.

ARTICLE

XIV. COLLEGES, INCORPORATION OF.

292. How college may be incorporated.

293. Application for incorporation.
294. When to be declared incorporated.

295. Property of college to vest in trustees.

ARTICLE

296. Trustees, number of; same, quorum.

297. Style of incorporation.

298. Powers of trustees.

299. Diploma, effect of.

Act of April 20, 1850, to provide for the Incorporation of Colleges.

ARTICLE 292, Sec. 1. Any college may be incorporated in this state, according to the provisions of this act, by the state board of education, consisting of the governor, superintendent of public instruction and surveyor-general.-[Am. April 13, 1855, R. S. 1850, 273, Č. L. 162.

ART. 293, Sec. 2. The founders and contributors of any proposed college within this state, shall make to the state board of education, application in writing, requesting that college may be incorporated, specifying the first trustees, and name by which the corporation is to be called.-[Am. April 13, 1855, R. S. 1850, 273, C. L. 162.

ART. 294, Sec. 3. In case the state board of education or a majority thereof, shall be satisfied that the proposed college has property to the amount of twenty thousand dollars, and that the proposed trustees are capable men, then the said board of education, or a majority thereof, shall by an instrument under their hands, declare the college incorporated under the provisions of this act, by the name specified in the application; and the application, together with the declaration of the board, or a majority thereof, shall be recorded in the office of the secretary of state. [Am. April 13, 1855, R. S. St. 1850, 273, C. L. 162.

ART. 295, Sec. 4. Immediately after recording the same, the property and funds of such college shall be vested in the trustees so nominated, for the use and benefit of the college.

ART. 296, Sec. 5. The trustees of every such college shall not be more than twenty-four, nor less than twelve in number; and seven trustees of any college shall constitute a quorum for the transaction of business.

ART. 297, Sec. 6. The trustees of every such college shall be a corporation, known by the name and style of the president and board of trustees of college; and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, in all courts and in all actions whatsoever. ART. 298, Sec. 7. The trustees shall have power, 1. To elect by ballot, annually, one of their number as president of the board. 2. Upon the death, removal out of this state, or other vacancy in the office of any trustee, to elect another in his place. 3. To elect additional trustees, provided the whole number elected shall never exceed twenty-four at any one time. 4. To declare vacant the seat of any trustee who shall absent himself from eight succeeding meetings of the board. 5. To receive and hold, by purchase, gift. or grant, any real or personal property; provided, that the yearly income of the college shall not exceed its necessary yearly expenses ten thousand dollars. 6. To sell, mortgage, lease, and otherwise use and dispose of such property, in such manner as they shall deem most conducive to the prosperity of the college. 7. To direct and prescribe the course of study and discipline to be observed in the college. 8. To appoint a president of the college, who shall hold his office during good behavior. 9. To appoint such professors, tutors, and other officers as they shall deem necessary, who, unless employed under a special contract, shall hold their offices during the pleasure of the trustees. 10. To remove from office the president, and every professor, tutor, or other officer employed, upon a complaint in writing, by any member of the board of trustees, stating the misbehavior in office, incapacity, immoral conduct of the person or persons sought to be removed, and upon due examination and proof

of such complaint. 11. To grant such literary honors as are usually granted by any university, college, or seminary of learning in the United States, and in testimony thereof, to give suitable diplomas under their seal, and the signature of such officers of the college as they shall deem expedient. 12. To fix the salaries

of the president, professors, and other officers of the college. 13. To make all by-laws and ordinances necessary and proper to carry into effect the preceding powers, and necessary to advance the interests of the college; provided, that no by-laws or ordinances shall conflict with the constitution or laws of the United States or of this state.

ART. 299, Sec. 8. Every diploma granted by such trustees shall entitle the possessor to all the immunities which, by usage or statute, are allowed to possessors of similar diplomas, granted by any university, college, or seminary of learning in the United States.

See Corporation.

JUDICIAL DECISIONS.

In an application for an order to incorporate a college, it is necessary that subscriptions of real estate should define the boundaries or situation of the lands proposed to be given. Matter of California College, 1 Cal. 329.

Act of March 20, 1850, empowering the Governor to Appoint Commissioners of Deeds.

ARTICLE 300, Sec. 1. The governor may, when in his judgment it may be necessary, appoint in each of the United States one or more commissioners, to continue in office four years, unless sooner removed by the governor. Every such commissioner shall have power to administer oaths and to take depositions and affidavits to be used in this state; and also to take the acknowledgment or proof of any deed or other instrument to be recorded in this state.

ART. 301, Sec. 2. All oaths administered by said commissioners, all depositions and affidavits taken by them, and all acknowledgments and proofs aforesaid, certified by them, shall have the same force and effect in law, to all intents and purposes, as if done and certified by any recorder or other officer within this state authorized by law to perform such acts.

ART. 302, Sec. 3. Before any commissioner, appointed as aforesaid, shall proceed to perform any of the duties of his office, he shall take and subscribe an oath, before any officer duly authorized to administer oaths in the state for which such commissioner may be appointed, that he will faithfully perform and discharge all the duties of his office; which oath shall be filed in the office of secretary of state of California within six months after the taking the same.

ART. 303, Sec. 4. It is hereby made the duty of the secretary of state to furnish each commissioner, appointed as aforesaid, with a copy of this act.

ART. 304, Sec. 5. The names of all persons appointed commissioners under this act shall be published at least three times in some weekly newspaper printed in

this state.

XVI. CONSTABLE.

See

'67 P

305. Constable, how to qualify; bond, penalty of and 310. Penalty for neglecting to pay over money.

where filed.

306. Duties of.

307. Laws governing action of.

308. Penalty for failing to return process.

309. Penalty for neglecting to levy and sell.

311. Penalty for failing to perform any official act.

312. To be conservator of the peace.

313. Penalty for willful negligence, etc.

314. Forbidden to practice as attorney, etc.

Act of April 19, 1850, Prescribing the Duties of Constables.

ARTICLE 305, Sec. 1. Every person elected to the office of constable shall take the oath of office, and give bond, to be approved by the county judge of his county, conditioned for the faithful performance of the duties of his office. The bond shall be in such penalty as the county judge may direct, and, after approval, shall be filed and recorded in the office of the county clerk.

ART. 306, Sec. 2. The constable shall attend the courts of justices of the peace of his township, whenever required, and within his township shall execute all lawful orders made by them, and execute and return all writs and process directed to him by such justice, or any lawful authority; and shall serve within his township and return all notices placed in his hand for service relating to any suit or proceeding in any court of this state.

ART. 307, Sec. 3. In regard to the execution, service and return of orders, writs, process and papers, where there are no positive provisions of law prescribing his duties, he shall be governed by the laws relating to sheriffs, so far as they are applicable.

ART. 308, Sec. 4. For failing or refusing to return, as required by law, any writ or process issued by a justice of the peace, or any paper connected with any suit or proceeding before such justice, he shall be liable to pay the party at whose instance the suit or process has issued, or for whom the paper is to be served, the sum of fifty dollars, to be recovered of him and his sureties, by motion, before a justice of the peace of his township-five days' notice of the motion having been given.

ART. 309, Sec. 5. If any constable to whom any writ of execution shall have been delivered shall neglect or refuse, after being required by the creditor, his agent or attorney, to levy upon or sell any property of the defendant which is liable to be levied upon and sold, he and the sureties on his bond shall be liable to the creditor for the value of such property.

ART. 310, Sec. 6. If any constable shall neglect or refuse to pay over any money in his hands which he has collected or received in his official capacity, when demanded by the person entitled thereto, the amount thereof, with thirty-five per cent. damages, and interest at the rate of ten per cent. per month from the time of demand, may be recovered from such constable and his sureties, as provided in the fourth section of this act.

ART. 311, Sec. 7. For any official act, or any omission to perform any duty required of him by law, the constable shall be liable on his bond to any person injured.

Sea ART. 312, Sec. & Constables shall be conservators of the peace within their

respective townships,

ART. 313, Sec. 9. Any constable who shall be guilty of any manifest and willful negligence, or shall in the administration or under color of his office be guilty of any oppression or wrongful act, shall, upon conviction, be fined in a sum not exceeding two thousand dollars.

i

ART. 314, Sec. 10. No constable shall be permitted to practice as an attorney or counselor at law before the court of any justice of the peace of his township.