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How state debtors may obtain an adjustment and discharge of their accounts.
said Comptroller shall require the same to be paid, said Comptroller 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 Comptroller for settlement of his or their account; and after such settlement it shall be the duty of the Comptroller 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 Comptroller it shall be his duty to give to said debtor a discharge for the said amount, and the Comptroller 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 Comptroller 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. Comptroller to Sec. 8. It shall be the duty of the Comptroller to open and keep
in a suitable book or books, to be provided for that purpose, an acsurer of receipts for money grant- count with the Treasurer, charging him in the manner hereinbefore ed by him.
prescribed, with all the moneys for which the Treasurer may grant receipts, and with no other.
Sec. 9. Whenever any person is entitled to draw or to receive any treasury. money from the Treasury, the Comptroller shall draw a warrant in his favor on the Treasurer, and deliver the same to the
person titled 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. Comptroller's Sec. 10. It shall be the duty of the Comptroller to number all the duty respecting
keep account with the trea
How money drawn from
sury and treasur
written or printed orders he issues to the Treasurer to receive money, orders on treabeginning with number one at the beginning of each fiscal year, and er's receipts. running in numerical order until the end of that fiscal year; the pres . ent fractional year to constitute the first fiscal year. It shall likewise be the duty of the Comptroller to see before filing the Treasurer's receipt 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, and carefully file away and preserve the same.
. Sec. 11. A joint committee of the legislature, or a committee of Comptroller's either House, shall have power to examine the Comptroller's and books may be exTreasurer's office books and papers, and the joint committee shall comptrollers cancel such warrants, or written or printed orders of the Comptrol- celled. ler, 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 Comptroller after such cancellation.
Sec. 12. If errors in the accounts of the Comptroller or Treasurer Errors in Compshall be detected, amounting in the opinion of said committee to mal- surer's accounts
to be reported to feasance or misfeasance in office, the said committee shall report the legislature. 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 Treasurer to charge of, and safely keep in his official character, all
moneys paid into ed by the Comptroller 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, endorsing the number thereon. On the payment of any warrant by the Treasurer, drawn by the Comptroller 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, endorsing thereon the number thereof.
Sec. 14. It shall be the duty of the Comptroller to provide suit- Comptroller to able blanks and books, and furnish the assessors and collectors of assessors and
coleach county with the same, in such form and manner as will best ef- able blanks and fect the object of the statutes providing for the assessment and collection of the public revenues of the state.
take charge of
lectors with suit
AN ACT concerning the office of Attorney General.--[Passed
February 2, 1850. (1)]
The People of the State of California, represented in Senate and As
sembly, do enact as follows :
Attorney General SECTION 1. The Attorney General shall reside and keep his office - where to reside and keep his at the seat of government, and shall not depart from the state without Not to leave leave of absence from the legislature. He shall be commissioned by state without
the Governor, and shall take the oath of office prescribed by the consioned, take oath, stitution, and shall give bond with security, to be approved by the and give bond.
Governor, in the sum of twenty thousand dollars, conditioned for the
faithful performance of the duties of his office. To prosecute or
Sec. 2. The Attorney General shall attend each of the terms of the causes specified. Supreme Court, and there prosecute or defend, as the case may be,
all causes to which the state may be a party; also all causes to which any officers of the state, in their official capacity, may be a party; also all causes to which any county may be a party, other than those in which the interest of the county may be adverse to the state, or any officer of the state, acting in his official capacity; and after judg. ment obtained in any such cause, he shall direct such proceedings, and
sue out such process as may be required to carry the same into execuTo account for all tion. He shall account for and pay over to the proper
which may come into his hands belonging to the state or any impeachments. county. It shall also be his duty to assist in all impeachments which
may be tried before the Senate. To give written Sec. 3. When required, the Attorney General shall give his opinion opinions without
in writing, without fee, to the legislature, or either House thereof, upon any question of law, and to the Governor, the Secretary of State, Comptroller, Treasurer, Surveyor General, the Trustees or Commissioners of state Hospitals or Asylum, and any District Attorney, upon
any question of law relating to their respective offices. To supervise Sec. 4. The Attorney General shall supervise the District Attordistrict attorneys and perforın cer. neys of the state in all matters pertaining to the duties of their office. specified. He shall, from time to time, in his discretion, require of the District
To assist in all
fee in certain cases.
tain other duties
(2.) See Stat. 1851, page 416, sec. 5.
Attorneys such a report as to the condition of public business intrusted to their charge, as may be prescribed by law, regulating the duties of District Attorneys. He shall keep a docket of all causes to which the state, or any officer of the state in his official capacity, or any county may be a party, which docket shall at all times in business hours be open to the inspection of the public, and shall set forth the county, district, and court, in which said causes shall have been instituted, tried, and adjudged, and whether civil or criminal causes; if ciril causes, the nature of the demand, the stage of the proceedings, and when prosecuted to judgment, a memorandum of the judgment of the process,
if any issued thereon, and whether satisfied or not, and if not satisfied, the return of the sheriff on said process; and if criminal causes, the nature of the crime, the mode of prosecution, the stage of the proceedings, and when prosecuted to sentence, a memorandum of the sentence, and of the execution thereof, if the same shall have been executed, and if not executed, of the reasons of the delay or prevention of execution. Sec. 5. The Attorney General shall also, on the fifteenth day of To report annu
ally to Governor. December annually, report to the Governor the condition of the affairs of his department, and in said report make such suggestions as shall appear to him calculated to improve the laws of the state. The reports shall be accompanied and verified by the reports which he shall have received from the District Attorneys of the state, and by a transcript from the docket which he is herein commanded to keep. He shall communicate to the Governor or either House of the legislature, whenever requested, any information concerning his office.
Sec. 6. It shall be the duty of the Attorney General, whenever in Tor Assist district his opinion required by the public service, or when directed by the tain cases. Governor, to repair to any district in the state and assist the District Attorney in the discharge of his duties.
Sec. 7. The Attorney General shall be elected in the manner pre- Election of Attorscribed by the constitution and the law regulating elections.
Sec. 8. The Attorney General shall receive such compensation as Compensation.. prescribed by law. (1) Sec. 9. This act shall be in force from and after its passage,
and a certified
copy thereof filed in the office of the Secretary of State.
Commencement of act.
(1) See Stat. 1852, page 49, Sec. 1
AN ACT concerning the revenue, funds, expenditure, and property
of the state, and management thereof.- [Passed February 20,
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
of state lands to
Penalties and forfeitures to form part of general fund.
SECTION 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 de
nominated as the general fund. Proceedls of sales
Sec. 2. All money arising from the sale of any land belonging to form part of gen- 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. Moneys paid by
Sec. 3. All money paid by the general government, from any general governDrent to form part 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 parte of cemeral not specially appropriated, shall be deemed part of the general fund.
Sec. 6. All other funds not included in the general fund, shall be Specific funds. denominated specific funds, and kept under appropriate heads by the
Comptroller and Treasurer.
persons, hereinafter mentioned, their annual salaries as established by law, to be paid quarterly 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, 1st, the Governor, ten thousand dollars; and his private secretary such salary as may be fixed by law. 20, to the Secretary of State; 3d, to the Comptroller of State; 4th, to the Treasurer of State ; 5th, to the Attorney General;
6th, to the Surveyor General; 7th, to the Justices of the Supreme Pay in advance Court; 8th, to the Judges of the District Courts ; 9th, to the Suto Julges.
perintendent of Public Instruction ; 10th, to the State Translator :
Proceeds of any property of the
Salaries of gorernment offcers.