Deputy.

629. The annual salary of the Deputy of the Com- Salary of missioner of Insurance is eighteen hundred dollars.

Expenses.

630. The Commissioner may procure rooms for his Contingent office, at a rent not to exceed seventy-five dollars per month, and may provide a suitable safe and furniture therefor; he may also provide stationery, fuel, printing, and other conveniences necessary for the transaction of the business of his office. All expenditures authorized in this section must be audited by the Board of Examiners and paid in the same manner as the salary of the Commissioner.

NOTE.-Stats. 1868, p. 12.

office.

631. The Commissioner must keep his office in the Location of City of San Francisco.

bond.

632. The Commissioner must execute an official Official bond in the sum of ten thousand dollars.

NOTE.-See Secs. 947 to 957, post, inclusive, as to the bond. Other provisions of great importance, relating to the business of insurance, will be found on pp. 127 to 138, inclusive, Vol. I, Civil Code (annotated ed.), Sec. 414, et seq., "Insurance Corporations," and in Division III, Part IV, Title XI, Vol. 2, Civil Code (annotated ed.), Sec. 2527, et seq., "Insurance;" Stats. 1872, pp. 59, 97, 745. It is well enough here to say that the Act on page 97 is amendatory of an Act repealed by operation of the Codes.

ARTICLE XVII.

FISH COMMISSIONERS.

SECTION 642. General duties of.

643. No compensation.

642. It is the duty of the Fish Commissioners:

duties of.

1. To establish fish breederies for stocking the General waters of this State with foreign and native fish;

22-VOL. I.

Same.

No compensation.

2. To purchase and import the spawn or ova of fish suitable for food;

3. To stock with such spawn the waters of this State;

4. To employ persons skilled in fish breeding to assist them in their duties;

5. To furnish plans for and direct and compel the construction and repair of fish ladders and ways upon dams and obstructions;

6. To report biennally to the Governor a statement of all their transactions and disbursements.

643. The Commissioners receive no compensation.

ARTICLE XVIII.

BOARD OF EXAMINERS.

SECTION 654. Chairman.

655. Meetings.

656. Records.

657. Fules and regulations.

658. Witnesses.

659. Depositions.

660. Presentation of and action on claims for which appro

priations have been made.

661. Same.

662. Same.

663. Same, as to claims provided for, but for which there is

no appropriation.

664. Same, as to unsettled claims.

665. Time of meeting for action on claims referred to in last

section.

666. Proof and examination of such claims.

667. Report on such claims.

668. Disqualifications.

669. Treasurer to act in place of disqualified members.

670. Restrictions on power of Board.

671. Appeals.

672. Controller not to draw warrant for any claims not

audited by Examiners.

673. Certain claims exempted.

674. Board may prevent payment of Controller's warrants,

when.

SECTION 675. Must examine books of Controller and Treasurer. 676. Must count money in Treasury.

677. Must make affidavit thereof.

678. Controller and Treasurer must permit examination and
counting.

679. Printing Expert.

680. Conversion of School Fund into bonds.

681. Same.

682. Same.

683. Purchase of State bonds.
684. Salary of members.
685. Salary of Clerk.

NOTE.-The organization and functions of the
"Board of Examiners," in the case of Ross vs. Whit-
man, Controller, 6 Cal., p. 364, under elaborate briefs
on the question of its constitutionality, were held to be
constitutional, Chief Justice Murray concurring in the
opinion delivered by Justice Heydenfeldt, as follows:
"Where any of the duties or powers of one of the
departments of the State Government are not disposed
of, or distributed to particular officers of that depart-
ment, such powers or duties are left to the disposal of
the Legislature. When, therefore, the Legislature
appointed a Board, consisting of three executive State
officers, to perform a certain duty, which theretofore
had been performed by the Controller of State, but
which is not prescribed by the Constitution as the
peculiar duty of that officer, we hold the act valid and
binding, because the power of the Legislature is
supreme, except where it is expressly restricted."

654. The Governor, and in his absence the Secre- Chairman. tary of State, is Chairman of the Board of Examiners.

655. The semi-monthly meetings of the Board Meetings. must be held at the State Capitol on the first and third Mondays in each month.

656. The Board must keep a record of all their Records. proceedings, and any member may cause his dissent to the action of the majority upon any matter to be upon such record.

entered

657. The Board may, in writing, establish rules Rules and

regulations

Witnesses.

Depositions

Presentation of and action on claims for which appropriations have

and regulations not inconsistent with law for its gov

ernment.

NOTE.-Stats. 1858, p. 213, Sec. 13.

658. The Chairman may issue subpoenas and compel the attendance of witnesses before the Board or any member thereof in the same manner that any Court in this State may; and whenever the testimony of any witness against a demand pending before them is material, the Chairman must cause the attendance of the witness before the Board, or a member thereof, to testify concerning the demand, and the Board may make a reasonable allowance therefor, not exceeding the fees of witnesses in civil cases, which must be paid out of the appropriation for the contingent expenses of the Board, but in no instance can an allowance be made in favor of a witness who appeared in behalf of the claimant.

NOTE.-Stats. 1858, p. 212.

659. Each member of the Board may take depositions to be used before it.

NOTE.-Stats. 1858, p. 213, Sec. 13.

660. Any person having a claim against the State for which an appropriation has been made, may present the same to the Board in the form of an account been made. Or petition, and the Clerk of the Board must date, number, and file such claim, and the Board must allow or reject the same in the order of its presentation. The Board may for cause postpone action upon a claim for not exceeding one month.

Same.

NOTE.-Stats. 1853, p. 255.

661. If the Board approve such claim they must indorse thereon, over their signatures, "Approved for the sum of dollars," and transmit the same to the office of the Controller of State; and the Controller must draw his warrant for the amount so approved in

favor of the claimant or his assigns in the order in which the same was approved.

662. If the Board disapprove such claim they Same. must cause the same to be filed with the records of the Board with a statement showing such disapproval, and the reasons therefor.

if an

Same, as provided

to claims for, but for which

there is no

appropri

663. If no appropriation has been made for the payment of any claim presented to the Board the settlement of which is provided for by law, or appropriation made has been exhausted, the Board ation. must audit the same, and if they approve it, must transmit it to the Legislature with a statement of their approval.

unsettled

664. Any person having a claim against the State, Same, as to the settlement of which is not otherwise provided for claims. by law, must present the same to the Board of Examiners at least four months before the meeting of the Legislature, accompanied by a statement showing the facts constituting the claim, verified in the same manner as complaints in civil actions.

NOTE.-Stats. 1870, p. 544.

meeting for

claims

in last

665. On the first Monday of September preceding Time of the meeting of each Legislature the Board must hold action on a session at the State Capitol for the purpose of exam- referred to ining the class of claims referred to in the preceding section. section, and may adjourn from time to time until their work is completed. Prior thereto they must cause a list and brief abstract of all claims filed with them to be made and published in some newspaper at Sacramento City for such time as they may prescribe. The list must be accompanied by a general notice of the order in which and of the time when the Board will proceed to examine the claims.

Proof and examination of such

666. The Board must, at the time designated, proceed to examine and adjust all such claims. They claims.