58. If there is not an appropriation specifically to pay
warrants of a particular character authorized by law,
which is unexhausted, a warrant on the Treasurer is
void absolutely; so held in Butler vs. Bates, 7 Cal., p.
136. An action by State to recover bonds issued to
bona fide holder of them, given in lieu or in payment
of warrants once paid, stolen from Controller's office
and again placed in circulation, does not lie, the war-
rants indicating on their face a just claim, and the pur-
chaser being ignorant that they were so stolen.-State
of California vs. Wells, Fargo & Co., 15 Cal., p. 336.
For the settlement of Controller with County Treasurer
and allowing him commissions, without some private
injury is worked, no one can complain by action, nor can
the District Attorney do so arbitrarily.-People vs.
Lattimore, 19 Cal., p. 365. Controller, though an
executive officer, is a ministerial one, and must draw
warrants for appropriations for the public service and
has no discretion.-McCauley vs. Brooks, 16 Cal., p. 1.
In Ross vs. Whitman, 6 Çal., p. 361, it was held that
the Legislature did not infringe upon the constitutional
rights of the Controller in creating the Board of Exam-
iners and conferring upon them the powers it did.

434. The certificate mentioned in Subdivision 11 of Section 433 must show by whom the payment is to be made, the amount thereof, and the Funds into which it is to be paid, and must be numbered in order, beginning with number one at the commencement of each fiscal year.

Certificate

of settle

ment..

duties con

nected with

School

435. The Controller must keep a separate account Special of the School Fund, and of the interest and income thereof, together with such moneys as may be raised Fund. by special tax or otherwise for school purposes. He must, on the first day of February and on the first day of August of each year, report to the Superintendent of Public Instruction a statement of the securities belonging to the School Fund, of the moneys in the Treasury subject to apportionment, and the several sources from which they accrued. He must draw his warrant on the State Treasurer in favor of any County Treasurer whenever such County Treasurer presents, with his indorsement, an order drawn by the Superin

Order in which war

be drawn.

tendent of Public Instruction in favor of such county, and the warrant so drawn is not subject to the provis ions of Article XVIII of this Chapter.

436. All warrants for claims which have been rants must audited by the Board of Examiners and filed in his office must be drawn in the order of the numbers placed upon them by that Board.

Proceed

ings against

437. Whenever any person has received moneys or defaulters. has been intrusted with the collection, management, or disbursement of any moneys, bonds, or interest accruing therefrom, belonging to, or held in trust by the State, and fails 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, fails to render such account and make settlement upon being required so to do by the Controller, within twenty days after such requisition, the Controller must state an account with such person, charging twenty-five per cent damages, and interest at the rate of ten per cent per annum from the time of the failure; a copy of which account in any suit therein is primary evidence of the things therein stated.

NOTE. For punishment of the willful omission of official duty, see Penal Code Cal., Sec. 176. Other duties prescribed for, and other Acts relating to, the Controller, are to be found in the Stats. of 1872, as follows:

DIRECTIONS TO DRAW WARRANTS.-For encouragement of agriculture and other industries, p. 442, Sec. 1; redemption of Calaveras County bonds, p. 716, Secs. 8, 9; county property of Calaveras County pledged to State therefor, id., Sec. 13; cabinet of specimens for the State Library, p. 824; Geological Survey, p. 355; Insane Asylum, p. 680, Sec. 24; State Capitol and Governor's Mansion, under direction of State Capitol Commissioners, p. 655, Sec. 2; State Printing Office and materials for, p. 557, Sec. 11; support of Government for the twenty-fourth and twenty-fifth fiscal years, pp. 743-748; support of University, p. 554.

OTHER DUTIES. To report warrants drawn to

Treasurer on the tenth and twentieth of each month, p.
118, Sec. 1; preserve vouchers of Trinity and Humboldt
Indian war of the years 1868-9, id., p. 312, Sec. 6; report
to Governor and Treasurer transfer of funds ordered to be
transferred, p. 475; keep account of receipts of Treas-
urer from Secretary of State, p. 483; notify County
Auditor of special Capitol tax, p. 695; to draw State
Printer's warrants only when audited by Board of
Examiners, p. 871; certain payments for swamp lands
pledged to pay Controller's warrants, p. 873; to act
with Board of Examiners regarding validity of certain
outstanding warrants, p. 905; and other Acts of 1872,
of special character.

438. The annual salary of the Controller of State Salary. is four thousand dollars.

NOTE.-See Sec. 3700, post, as a member of the State
Board of Equalization.

439. The annual salary of the Deputy Controller Salary of is three thousand dollars.

NOTE.-Code amended by Act April 1st, 1872, cited

in note to Sec. 18, ante.

Deputy
Controller.

440. The annual salary of the Bookkeeper for the Salary of Controller is twenty-four hundred dollars.

Bookkeeper.

Clerks.

441. The annual salary of each Clerk in the Con- Salary of troller's office is eighteen hundred dollars.

bond.

442. The Controller must execute an official bond Official in the sum of fifty thousand dollars.

NOTE.-See Secs. 947 to 957, post, inclusive, as to the bond. The preceding Article is based upon the following statutes: 1850, p. 47; 1870, p. 333; 1854, p. 29; 1870, p. 827; 1863, p. 235; 1866, p. 691; 1861, p. 509; 1863, p. 362; 1853, p. 146; 1862, p. 4; 1857, p. 16; 1850, p. 51.

ARTICLE VII.

TREASURER.

SECTION 452. General duties.

453. Limitations upon receipt and payment of money.

16-VOL. I.

General duties.

SECTION 454. General Fund.

455. Salary of Treasurer.

456. Salary of Clerks.

457. Watchmen, appointment and salary.
458. Watchmen, powers and duties.
459. Official bond of Treasurer.

452. It is the duty of the Treasurer:

1. To receive and keep in the vaults of the State Treasury all moneys belonging to the State not required to be received and kept by some other per

son;

2. To file and keep the certificates of the Controller delivered to him when moneys are paid into the Treasury;

3. To deliver to each person paying money into the Treasury a receipt showing the amount, the sources from which the money accrued, and the Funds into which it is paid, which receipts must be numbered in order, beginning with number one at the commencement of each fiscal year;

4. To pay warrants drawn by the Controller out of the Funds upon and in the order in which they are drawn;

5. Upon payment of any warrant, to take upon the back thereof the receipt of the person to whom it is paid, and file and preserve the same;

6. To keep an account of all moneys received and disbursed;

7. To keep separate accounts of the different Funds; 8. To report to the Controller, on the last day of each month, the amount disbursed for redemption of bonds and in payment of warrants during the month; which report must show the date and number of such bonds and warrants, the Funds out of which they were paid, and the balance of cash on hand in the Treasury to the credit of each Fund;

9. At the request of either House of the Legislature, or of any committee thereof, to give information

in writing as to the condition of the Treasury or upon Same. any subject relating to the duties of his office;

10. To report to the Governor at the time prescribed in Section 332 of this Code, the exact balance in the Treasury to the credit of the State, with a summary of the receipts and payments of the Treasury during the two preceding fiscal years;

11. To authenticate with his official seal all writings and papers issued from his office;

12. To discharge the duties of State Capitol Commissioner, and such other duties as may be imposed upon him by law.

NOTE.-Treasurer is an executive officer.-See Const., Art. V, Sec. 18. Other duties prescribed for, and Acts relating to the State Treasurer, are to be found in the statutes of 1872, as follows: To do certain things about redeeming indebtedness of Calaveras County, p. 717; duties connected with Board of Examiners, p. 118; to pay certain warrants on Swamp Land Fund, p. 874; act with Board of Examiners in determining character of certain bonds, p. 905. See other Acts of special character of 1872.

453. He must receive no money into the Treasury Limita

tions upon

receipt and

payment

unless accompanied by the certificate of the Controller provided for in Sections 433 and 434 of this Code, and of money. must pay none out upon warrants issued for indebtedness accruing prior to January first, eighteen hundred and fifty-seven.

NOTE. Consult Stats. 1872, p. 905, in connection with this section.

Fund.

454. The General Fund consists of moneys re- General ceived into the Treasury and not specially appropriated to any other Fund.

455. The annual salary of the State Treasurer is Salary of four thousand dollars.

Treasurer.

Clerks.

456. The annual salary of one clerk in the Trea- Salary of surer's office is twenty-four hundred dollars; of the other clerk eighteen hundred dollars.