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Sec. 11. He shall have power to administer all oaths or affirma- May administer tions required or allowed by law in matters touching the duties of oaths. his office; and shall perform all duties not enumerated in this act, which may be enjoined by law.

Sec. 12. This act shall be in force from and after its passage. oncement

CHAPTER III.

AN ACT concerning the office of the Secretary of State. (1)—[Passed - January 24, 1850.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Secretary of State, before entering upon the dis- o charge of any of the duties of his office, shall make and execute his od.” bond to the state of California, in the penal sum of ten thousand dollars, with at least two sufficient sureties, conditioned for the faithful performance and discharge of the several duties and trusts imposed upon him by the constitution and laws of this state: Provided, Present secretary that this section shall not apply to the Secretary of State heretofore to” appointed, who shall have ten days after the passage of this act, in which to take the oath of office and execute his bond.

Sec. 2. Said bond and sureties shall be approved by the Governor, Bond etc., to be and such bond shall be by him deposited in the office of the Recorder ... * for the county in which the seat of government is situated, and there recorded. (2)

Sec. 3. The Secretary of State shall have the custody of, and care- to have custody fully preserve the enrolled copy of the constitution of the state of o California, the description of the state seal, and other seals of which a description may be required to be deposited in his office; the manuscripts containing the enrolled acts, and joint resolutions, and journals of the legislature; and all the books, records, parchments, maps, registers, and papers that may be deposited in his office; all deeds and conveyances belonging to the state; all official bonds of Exception.

officers approved by the Governor, except the bond of said Secretary;

(1) See Stat. 1851, page 416, Sec. 4.
(2) See Stat. 1850, page 74, Sec. 1. Recorder is changed to clerk.

and all written contracts to which the state is a party, unless required to be deposited elsewhere. *...**** Sec. 4. It shall be the duty of the Secretary of State to keep a fair register of, and attest all the official acts and proceedings of the Governor, and affix the seal of the state with such attestations, to all commissions, pardons, and other public instruments to which the signature of the Governor is required; to lay all papers, minutes, and vouchers relative to the official acts and proceedings of the Governor, before either House of the legislature, when required by such House; to permit all the books, bonds, deeds, registers, papers, and transactions of his office to be open at all times to the inspection and examination of any committee of either branch of the legislature (1); to furnish information in writing upon any subject relating to the duties of his office to the Governor, whenever required; to deliver up in good order and condition to his successor, all the records, books, papers, and other things belonging to his office, and to perform all such other duties as may be enjoined upon him by the constitution and laws of this state. To furnish copies Sec. 5. The Secretary of State shall furnish on demand to any :*:::::::: person paying the proper legal fee or fees therefor, a duly certified copy of all or any part of any law, act, record, or other instrument of writing on file or deposited in his office, and of which a copy may be properly given. solo Spc. 6. Immediately after the adjournment of each session of the too.” legislature, the Secretary of State shall cause the original laws and joint resolutions passed and adopted at such session, with the journals of the Senate and Assembly, to be bound with substantial leather binding, in a volume or volumes of such size as he may find convenient, and shall cause the title thereof, with the session at which the same shall have been passed, to be written or printed on the back of such volume or volumes. To deliver to Sec. 7. It shall be the duty of the Secretary of State to deliver to

state printer

copies of all acts, the printer for the state, at the earliest day practicable, copies of all joint resolutions,

... acts, and joint resolutions, and journals passed or adopted by the uperinten - - - a printing and dis legislature, to superintend the printing and correct the proof sheets of tribution thereof.

the acts, joint resolutions, and journals required by law to be printed, and to attend to the distribution thereof. May appoint a Sec. 8. Whenever the Secretary of State shall, by reason of sickness, necessary absence, or inability, be prevented from discharging in person the duties of his office, he shall have power under his hand and seal to appoint a deputy, who may perform all the duties belonging to the office of Secretary of State; and whenever it may in his opinion be necessary, he may employ any number of clerks, not exceeding four, to aid and assist in making copies of acts and joint resolutions to be delivered to the printer. Sec. 9. The Secretary of State shall be ex officio state librarian; Tole offic

deputy and employ clerks.

(1) See Stat. 1851, page 304, Sec. 16.

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he shall procure a suitable place for the library of the state, and take out” charge of the same in a manner best calculated to subserve the object of said library; he shall transmit copies of all volumes of laws, journals, reports, and other documents, and of maps which may be authorized by this state, to each of the departments of the United States at Washington, and to each of the states of the Union, and receive in return such books, maps, etc., which may be sent to this state by the government of the United States and the several states; it shall be his duty to distribute to the several counties of this state, and the different officers thereof, the laws and documents sent to this state by the United States, intended for distribution among the several counties, in such numbers as he may be directed by law. (1) Sec. 10. The Secretary of State shall keep his office at the seat of where to keep government, and shall not absent himself from the state without leave ona onegranted by the legislature, and shall attend the same either in person or by his deputy every day in the year, Sundays excepted, from the hours of ten o'clock of the forenoon until two o'clock in the afternoon.

Sec. 11. This act shall be in full force from and after its passage. oncement of act.

CHAPTER IV.

AN ACT firing the time for Acts and Joint Resolutions to take effect.—[Passed January 24, 1850.]

The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. All acts and joint resolutions shall take effect from Aoint

and after their passage, unless some other time is expressly stated o take

therein. (2). effect.

Sec. 2. This act shall be in force from and after its passage. onoment of act.

(1) See Stat. 1850, p. 172, sec. 2.
(2) See Cal. Sup. Court Rep., vol. 1., p. 406. Held, that when a statute is

Penalty on persons or corporations intrusted with state moneys, and failing duly to account therefor.

State debtors to be sued.

CHAPTER W.

AN ACT prescribing the mode of receiving, keeping, and paying out the Public Funds.-[Passed January 31, 1850.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION. 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 Comptroller 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 Comptroller, within twenty days after such requisition, it shall be the duty of such Comptroller 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 Comptroller as in this act required, and shall fail to pay over to the Treasurer, on the printed or written order of the Comptroller, 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 Comptroller shall notify such officer, or other person or persons, or corporation, to settle and pay the same; said Comptroller shall, upon being informed or notified, or coming to his knowledge from any source whatever of such failure, cause suit to be instituted against such officer, or other person or persons, or corporation thus in default, for

declared to take effect from and after its passage, it takes effect at the very moment of its approval by the Governor.

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 In such action by the Comptroller, with his official seal affixed thereto, shall be suffi- i...o.o. cient evidence to support an action in any court of competent juris-à...” diction for the amount or balance stated therein to be due, without proof of the signature or official character of such Comptroller; 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 defence or discharge. Sec. 4. The party thus sued shall be subject to the costs and in such action

- - - - - - - defendants shall charges of suit, whether the ultimate decision be against him or in be liable for the

his favor, except in cases in which he shall have rendered a true ac- costs count, 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 Exception. 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 defendant in

such actions lia

the Comptroller under the provisions of this act, shall at the trial bleocosts, where on the trial he

give any evidence which existed prior to the time, and within the o whic e witn

knowledge of the defendant at the time of such adjustment and settle- o compment of his accounts, and which was not produced to said Comptroller 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. Sec. 6. The Comptroller 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

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