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Comptrollerhow commis

sioned, where to reside and keep

his office.

To give bond.

To report annu

COMPILED LAWS OF CALIFORNIA.

CHAPTER I.

AN ACT concerning the office of Comptroller (1).—[Passed January 19, 1850.

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

SECTION 1. The Comptroller shall be commissioned by the Governor, and shall reside and keep his office at the seat of government. He shall not absent himself from the state without leave of absence obtained from the legislature.

SEC. 2. Before entering upon the duties of his office, he shall give bond to the state, with such sureties as shall be approved by the Governor, in the penal, sum of fifty thousand dollars, conditioned for the true and faithful performance of the duties enjoined by law, and for the safe delivery to his successor in office of all books, papers, documents, maps, vouchers, and other effects belonging or appertaining to the office of Comptroller.

SEC. 3. He shall digest, prepare, and report to the Governor, on the fifteenth day of December annually, to be laid before the legis lature at the commencement of each regular session, a complete statement of the condition of the revenues, and the amount of the expenditures for the preceding fiscal year; a full and detailed statement of the public debt, estimates of the revenues and expenditures for the succeeding fiscal year; a tabular statement, showing separately the whole amount of each appropriation of money made by law, the amount paid under the same, and the balance unexpended; a tabular statement, showing the amount of revenue chargeable to each county for the preceding year; the aggregate amount of each object of taxation, together with the tax due on the same; and shall report such plans as he may deem expedient for the support of the

(1) See Stat. 1851, page 416, sec. 5. Stat. 1852, pages 56 and 57.

public credit, for promoting frugality and economy in the public offices, for lessening the public expenses, and generally for the better management and more perfect understanding of the fiscal affairs of the state.

count of the

state.

SEC. 4. It shall be the duty of the Comptroller to keep an account To keep an acbetween the state and state treasury, between the state and the Uni- dealings of the ted States, and between the state and every other state, sovereignty, officer, or person with whom the state may have dealings; and he May administer shall have power to administer all oaths or affirmations required or allowed by law, in matters touching the duties of his office.

oaths.

settle claims

SEC. 5. He shall examine, adjust, and settle all claims against the To examine and state payable out of the treasury, excepting only such claims as may against the state. be expressly required by law to be examined and settled by other officers and persons.

for money, and

SEC. 6. He shall draw all warrants upon the treasury for money, To draw warrants except only in cases otherwise provided by law; but every warrant form of warrants. shall express the particular fund out of which the same is to be

paid.

cutions against

SEC. 7. He shall direct prosecutions in the name of the state To direct prosefor all official delinquencies in relation to the assessment, collection, state debtors. and payment of the revenue, against all persons who by any means become possessed of public money or property, and fail to pay over or deliver the same, and against all debtors of the state.

legislature on

SEC. 8. He shall give information in writing to either House of the To report to legislature, whenever required, upon any subject relating to the fiscal request. affairs of the state, or touching any duty of his office, and shall perform all such other duties not enumerated in this act, as may be required by law.

office.

SEC. 9. He shall, when he goes out of office, deliver to his suc- Duty on quitting cessor all books, files, letters, papers, accounts, and other things belonging to his office.

office to be open

SEC. 10. All the books, papers, files, letters and transactions per- Documents in taining to the office of Comptroller, shall be open to the inspection to inspection. of the Governor, to the inspection of committees of the legislature, or either branch thereof, or that of any other person authorized by

law.

supplied.

SEC. 11. In case of the death, sickness, absence from the state, Vacancies how removal from office, or impeachment of the Comptroller, unless such absence or disability occur within six months of the close of the term for which he shall have been elected, the Governor shall immediately issue his proclamation, appointing a day for the election of a Comp

Temporary vacancy-how supplied.

To have official seal, and employ a clerk.

Wilful neglect of duty a misde

meanor in office. 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.

Office hours.

troller, to fill the office for the remainder of the unexpired term;
which election shall be held at the places, and in the manner pre-
scribed by law. (1)

Commencement of act.

SEC. 12. In case of such vacancy, absence or disability, the Governor shall make an appointment of some suitable person to perform the duties of the office of Comptroller until a successor shall be elected and qualified, or until such absence or disability shall cease; and such person shall take the oath, and give the bond required of the Comptroller, and shall receive the same compensation as is allowed. by law to the Comptroller, in proportion to the time he shall be employed in such service. (2)

SEC. 13. If the Comptroller shall wilfully neglect, or refuse

SEC. 14. The Secretary of State shall procure and deliver to the Comptroller a seal of office, with some suitable device, and having engraved around the margin thereof the words "Office of the Comptroller, 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 Comptroller, and of all copies of papers issued from his office; and until such seal is procured, he shall use his private seal: the Comptroller is hereby authorized to employ a clerk in his office, who shall receive for his services such salary as may be fixed by law. (3)

SEC. 15. The office of Comptroller shall be open for the transaction of business from 10 o'clock A. M. to 2 o'clock P. M. of every day in the year, Sundays excepted.

SEC. 16. This act shall be in force from and after its

(1) See Stat. 1851, page 421, Sec. 45.
(2) See Stat. 1852, page 49, Sec. 1.
(3) See Stat. 1852, page 50, Sec. 1.

passage.

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CHAPTER II.

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

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

and keep office.

SECTION 1. The Treasurer shall reside and keep his office at the Where to reside seat of government, and not absent himself from the state without leave of absence from the legislature.

sioned by the oath and give

SEC. 2. He shall be commissioned by the Governor, but before To be commissuch commission shall issue, and before entering on the duties of his Governor, nake office, he shall take the oath of office prescribed by the constitution, sureties. to be endorsed on his commission, and shall execute and deliver to the Governor a bond payable to the state, in the sum of one hundred thousand dollars, with sureties to be approved by the Governor, conditioned for the faithful performance of all the duties which may be required of him by law, and for the delivery to his successor in office of all books, papers, moneys, vouchers, securities, evidences of debt, and effects belonging to his said office. (2)

official seal.

SEC. 3. The Secretary of State shall procure and deliver to the To have and use Treasurer a seal of office, with some suitable device, and having engraved around the margin thereof the words, "Office of the Treasurer-California; " a description of which said seal shall be retained in the office of the Secretary of State as a record: said seal shall be used to authenticate all writings, papers, and documents certified from such office. Until such seal is procured, the Treasurer is authorized to use his private seal.

disburse public moneys, and keep account.

SEC. 4. He shall receive and keep all moneys of the state, not To receive and expressly required by law to be received and kept by some other person; shall disburse the public moneys upon warrants drawn upon the Treasury according to law, and not otherwise; and shall keep a just, true, and comprehensive account of all moneys received and disbursed; and shall deliver to his successor in office all moneys,

(1) See Stat. 1851, page 416, Sec. 5.

See Stat. 1852, page 56, €2 and 63.

(2) Amendment inserted from Stat. 1852, page 58, Sec. 1.

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To deliver moneys, etc., to

successor.

Office hours.

To report annually.

Records of office to be open to inspection.

SEC. 6. The books, papers, and transactions of his office shall be open at all times for the inspection of the Governor, Comptroller, of either House of the legislature, or of any committee thereof, or persons authorized by law.

Wilful neglect of duty a misde

SEC. 7. If the Treasurer shall wilfully neglect or refuse to perform meanor in office. 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.

Vacancy-how

filled.

Temporary vacancy-how supplied.

May employ a clerk.

records, books, papers, and other things belonging to his office, in
good order; and keep his office open for the transaction of business
from 10 o'clock A. M. to 2 o'clock P. M., of every day of the year,
Sundays excepted.

SEC. 5. He shall deliver to the Governor, on the fifteenth day of
December annually, a full exhibit of all moneys received by him into
and paid out of the Treasury, showing, under separate and appropriate
heads, on what account and from what sources received, and for what
particular object or service the same has been paid out by him; and
shall give information in writing to either House of the legislature,
whenever required, upon any subject connected with the Treasury, or
any duty of his office.

SEC. 8. In case of the death, sickness, absence from the state, removal from office, or impeachment of the Treasurer, unless such absence or disability shall occur within six months of the close of the term for which he shall have been elected, the Governor shall immediately issue his proclamation appointing a day for the election of a Treasurer for the balance of the unexpired term, which election shall be held at the places and in the manner prescribed by law. (1)

SEC. 9. In case of the absence or disability of the Treasurer, the Governor shall make an appointment of some suitable person to perform the duties of the office until a successor shall be elected and qualified, or until such absence or disability shall cease; and such person shall take the oath of office and execute the bond required of the Treasurer, and shall receive the same compensation as is allowed by law to the Treasurer, in proportion to the time he shall be engaged

in such service.

SEC. 10. The Treasurer is authorized to employ a clerk in his office, who shall receive for his services such compensation as may be allowed by law. (2)

(1) See Stat. 1851, page 421, Sec. 45.
(2) See Stat. 1852, page 50, Sec. 1.

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