Report on such claims

Disqualifications.

Treasurer to act in place of disqualified members.

Restrictions on power of Board.

Appeals.

may hear evidence in support of or against them, and report to the Legislature such facts and recommendations concerning them as they may think proper. In making their recommendations they may state and use any official or personal knowledge which any member of the Board may have touching such claims.

667. The Board must make up their report and recommendations at least thirty days before the meeting of the Legislature. A brief abstract of their report, showing the claims rejected, and those, or the amounts thereof, allowed, must be published in a newspaper published at Sacramento City for stich time `as the Board may prescribe before the meeting of the Legislature.

668. No member of the Board must act upon any claim in which he is interested, or for expenditures incurred in his office, nor must he be present when the decision thereon is made.

669. When any member of the Board is disqualified from acting upon any claim, the State Treasurer

must act in his stead.

670. The Board must not entertain, for the second time, a demand against the State once rejected by it or by the Legislature, unless such facts are presented to the Board as in suits between individuals would furnish sufficient ground for granting a new trial.

671. Any person interested, who is aggrieved by the disapproval of a claim by the Board, may appeal from the decision to the Legislature of the State, by filing with the Board a notice thereof, and upon the receipt of such notice the Board must transmit the demand and all the papers accompanying the same, with a statement of the evidence taken before it, to the Legislature.

not to draw

warrant for not audited

any claims

by Examiners.

672. The Controller must not draw his warrant for Controller any claim unless it has been approved by the Board, and when, hereafter, the Controller is directed to draw his warrant for any purpose, this direction must be construed as subject to the provisions of this section, unless the direction is accompanied by a special provision exempting it from its operation.

NOTE. The original report of the Commissioners contained a section, based upon the Act of 1870, p. 544, Sec. 5, in these words: "No demand or claim of any nature can be entertained by the Legislature unless recommended by the Board, or upon appeal from their action." It was not within the power of one Legislature to restrict the action of a subsequent one, hence it was omitted in the Code. It would have been more than useless to have retained it, however serviceable its observance may have been, for it would have been repealed by the next subsequent Legislature, as it was by Act of 1872, Feb. 2, p. 61, almost at the beginning of the session.

claims

673. Claims upon the Contingent Fund of either Certain House of the Legislature, and for official salaries, are exempted. exempted from the operations of the provisions of the preceding twelve sections.

Board may

prevent

payment of

Controller's when.

674. Whenever the Board has reason to believe that the Controller has drawn or is about to draw his warrant without authority of law, or for a larger warrants, amount than the State actually owes, the Board must notify the Treasurer of State not to pay the warrant so drawn or to be drawn; and thereupon the Treasurer is prohibited from paying the warrant, whether already drawn or not, until he is otherwise directed by the Legislature.

NOTE.-Stats. 1858, p. 213.

examine

Controller

675. As often as it may deem proper the Board Must must examine the books of the Controller and Treas- books of urer, the accounts and vouchers in their offices, and count the money in the Treasury; and for that purpose they may demand, and the Controller and Treasurer

and

Treasurer.

Must count money in

must furnish without delay, all information touching the books, papers, vouchers, or matters pertaining to their offices.

NOTE.-Stats. 1867-8, p. 296, Sec. 1; 1858, p. 212, Sec. 2, modified.

676. The counting of the moneys in the State Treasury. Treasury must take place at least once a month, without the Board or any member thereof giving the Treasurer any previous notice of the day or hour of counting. The Board may at any counting, place any sum in bags or boxes, and weigh each bag or box separately, and mark the same with the weight thereon plainly specified, and place thereon a seal, to be kept by them, and may at subsequent countings count or reweigh each bag or box separately, and estimate the contents of such bags or boxes as part of the money counted by them without making a detailed count of its contents

Must make affidavit thereof.

Controller' and Treasurer must permit examination and counting.

Printing
Expert.

NOTE.-Stats. 1867-8, p. 296, Sec. 1.

677. They must at least once in each month make and file in the office of the Secretary of State, and publish in some newspaper in Sacramento City, an affidavit showing:

1. The amount of money that ought to be in the State Treasury;

2. The amount and kind of money actually therein. NOTE.-Stats. 1858, p. 212, Sec. 3.

678. The Controller and Treasurer must permit the Board of Examiners to examine the books and papers in their respective offices; and the Treasurer must permit the moneys in the Treasury, without delay on any pretense whatever, to be counted whenever the Board may wish to make an examination or counting.

NOTE.-Stats. 1858, p. 212, Sec. 4.

679. The Board must appoint a Printing Expert, who must examine and report to the Board all accounts

for printing presented by the State Printer or any other person, specifying whether the work has been executed in a workmanlike manner or not, and the amount for which the same should be allowed. The report is not conclusive on the Board, but is in aid of the discharge of their duties. The Expert must receive a salary of fifty dollars a month, payable on the last day of each month.

NOTE.-Stats. 1858, p. 214, Sec. 13, modified.

680. Whenever and as often as there is in the State Treasury the sum of ten thousand dollars, as proceeds of the sale of State school lands, the Board must invest the same in civil funded bonds of this State, or in bonds of the United States, at the lowest price at which they may be offered by the holders thereof, and as prescribed in the succeeding section.

NOTE.-Stats. 1868, p. 523, Sec. 56.

Conversion

of School

Fund into

bonds.

681. The Board must advertise for thirty days in Same. one daily newspaper published in each of the Cities of Sacramento and San Francisco for sealed proposals for the purchase of civil bonds or bonds of the United States. At the expiration of thirty days from the first publication of the advertisement the Board must open the bids at the time and place specified in the advertisement therefor, in the presence of the Treasurer and Controller of State. They may accept or reject all bids at their pleasure; but if they accept any bids they must accept the bids offering such bonds at the lowest price; but no bids must be considered unless accompanied by the bonds.

NOTE.-Stats. 1868, p. 523, Sec. 56.

682. The Board must thereupon certify the ac- Same. cepted bids to the Controller, who must draw his warrant in favor of the successful bidders for the amount

23-VOL. I.

Purchase of State bonds.

Salary of members.

Salary of
Clerk.

respectively due, and the State Treasurer must pay the same from the proceeds of the sale of school lands, and the Board must deliver the bonds so purchased to the State Treasurer, who must keep them as a special School Fund deposit, the interest upon such bonds to be subject to such disposition as is provided in the Title of this Code relating to common schools.

NOTE.-Stats. 1868, p. 523, Sec. 56.

683. At any sale of civil bonds by the State Treas urer the Board may become bidders and purchase bonds with the funds at their disposal, and the appropriate transfer of funds must be made by the Controller and Treasurer on the books of their offices.

NOTE.-Stats. 1868, p. 523, Sec. 56.

684. The annual salary of each member of the Board, except the Attorney General, is one thousand dollars. The annual salary of the Attorney General for services performed under this Article is fifteen hundred dollars.

685. The annual salary of the Clerk of the Board is twelve hundred dollars.

NOTE. The importance and efficiency of the Board of Examiners is fully exemplified in the successful impeachment of a Treasurer of the State brought about for gross abuse of his official duties, detected by the operation of the law organizing the Board, and the action of the Board under it; from which there is reason to believe that a faithful discharge of duty by the Board will prevent any similar necessity occurring again.

Stats. 1872, p. 121.

An Act prescribing certain duties to be performed by the State Controller, State Treasurer, and State Board of Examiners.

[Approved February 20, 1872.]

[Enacting clause.]

SECTION 1. The State Controller shall furnish to the State Treasurer, on the tenth, twentieth, and last