2280. It is the duty of the Treasurer:

1. To act as Secretary of the Board of Directors; 2. To keep the accounts of the Board and of the receipts, expenditures, assets, and liabilities of the Asylum;

3. To report quarterly to the Board a statement under oath of the receipts and expenditures of the preceding quarter;

4. To perform such other duties as may be required of him by the by-laws or Board of Directors.

Duties of.

2281. The annual salary of the Treasurer is five Salary. hundred dollars.

2282. He must execute an official bond in the sum Bond. of ten thousand dollars.

NOTE.-See Sec. 947, et seq., ante.

CHAPTER III.

STATE LIBRARY.

SECTION 2292. Board of Trustees, and term of office of. 2293. General powers and duties of Board.

2294. Term of office of Librarian.

2295. General duties of Librarian.

2296. Who may take books.

2297. Books taken by members of Legislature, when to be
returned. Duties of Controller in relation to.

2298. Books taken by State officers to be returned, or salary
not to be paid.

2299. Liability for injuries to books.

52-VOL. I.

Board of Trustees, and term

of office of.

General powers

and duties of Board.

SECTION 2300. Library Fund.

2301. Library, time to be kept open.

2302. Salary of Librarian.

2303. Salary of Deputies.

2304. Bond of Librarian.

2305. When this Chapter takes effect.

2292. The State Library is under the control of a Board of Trustees, consisting of five members, elected by the Legislature in joint convention assembled, and holding their offices for the term of four years.

NOTE.-In the case of The People vs. S. W. Sanderson, 30 Cal., p. 167, the appellant, Sanderson, was a Supreme Judge, and also Trustee of the Library, Art. III of the Const. of the State was discussed and the Court held that: "It is very certain that the duties of Trustee of the State Library are not judicial, as may be seen by reference to the Act; they fall within the sphere of the Executive Department of the Government," and concluded that the Chief Justice could not act as Trustee.

2293. The powers and duties of the Board are as follows:

1. To make rules and regulations not inconsistent with law for their government and for the government of the Library;

2. To appoint a Librarian;

3. Whenever necessary to authorize the Librarian to appoint an additional deputy;

4. To sell or exchange duplicate copies of books; 5. To keep in order and repair the books and property in the Library;

6. To draw from the State Treasury at any time all moneys therein belonging to the Library Fund;

7. To report to the Governor biennially a statement of their transactions.

NOTE. This section was amended so as to read as published in the text by Act of April 1, 1872, cited in note to Sec. 18, ante. The amendment omitted original Subdivision 4 and placed it in Sec. 2295, post.

office of

2294. The Librarian holds his office for the term Term of of four years, unless sooner removed by a unanimous vote of all the Trustees.

2295. It is the duty of the Librarian:

Librarian.

1. To be in attendance at the Library during office General hours;

2. To act as Secretary of the Board of Trustees and keep a record of their proceedings;

3. To purchase books, maps, engravings, paintings, and furniture for the Library;

4. To number and stamp all books and maps belonging to the Library, and to keep a catalogue thereof; 5. To have bound all books and papers that require binding;

6. To keep a register of all books and property added to the Library and of the cost thereof;

7. To keep a register of all books taken from the Library.

NOTE. This section was amended so as to read as published in the text by Act of April 1, 1872, cited in note to Sec. 18, ante. The amendment consisted in placing Subdivision 4, omitted from Sec. 2293, ante, into this section as Subdivision 3, supra.

duties of Librarian.

take books.

2296. Books may be taken from the Library by Who may the members of the Legislature during the sessions thereof, and by other State officers at any time.

2297. Books taken by members of the Legisla- Books ture must be returned at the close of the session; and

taken by

members of

Legislature, when

returned.

Duties of

before the Controller draws his warrant in favor of any tro member of the Legislature for his last week's salary, he must be satisfied that such member has returned all in relation books taken by him and paid for any injuries thereto.

Controller.

to.

Books

State

2298. The Controller, if notified by the Librarian taken by that any officer has failed to return books taken by officer him within the time prescribed by the rules, and returned, after demand made, must not draw his warrant

for

or salary not to

be paid.

Liability for injuries to books.

Library
Fund.

Library, time to be kept open.

Salary of
Librarian.

Salary of
Deputies.

Bond of
Librarian.

When this
Chapter

the salary of such officer until the return is made, or three times the value of the books, or of any injuries thereto, has been paid to the Librarian.

2299. Every person who injures or fails to return book taken is liable to the Librarian in three times the value thereof.

any

2300. The State Library Fund consists of the fees collected and paid into the State Treasury by the Secretary of State.

2301. During the session of the Legislature and of the Supreme Court, the Library must be kept open every day from nine o'clock A. M. until nine o'clock P. M., and at other times during such hours as the Trustees may direct.

2302. The annual salary of the Librarian is three thousand dollars.

2303. The annual salary of each Deputy is eighteen hundred dollars.

2304. The Librarian must execute an official bond in the sum of three thousand dollars.

NOTE.-See Sec. 947, et seq., ante, as to the bond. This Chapter is founded upon Stats. 1860, p. 168; 1861, p. 45; 1864, p. 198; 1866, p. 135; 1870, p. 381.

2305. This Chapter shall be in force and effect takes effect. from and after the first day of May, eighteen hun

dred and seventy-two.

NOTE. This section was added by Act of April 1st, 1872, cited in note to Sec. 18, ante.

Stats. 1871-2, p. 824.

An Act to provide for the establishment of a Cabinet
Department in the State Library.

[Approved April 1, 1872.]

[Enacting clause.]

SECTION 1. It shall be the duty of the State Librarian to receive, arrange, and properly display, and

take charge of, in the State Library, the minerals,
precious metals, mineralogical, geological, and fossili-
ferous specimens, and precious stones hereinafter men-
tioned and referred to, or which may hereafter become
the property of the State by purchase or by presen-
tation.

SEC. 2. The Governor shall appoint three suitable
and disinterested persons, who shall act without com-
pensation, and shall examine and appraise the cabinet
of minerals, precious metals, and stones, and various
specimens composing the cabinet belonging to J. M.
Frey, of the City of Sacramento; and, upon their
making report to the Governor to the effect that the
said cabinet is fully worth the sum of thirteen thousand
dollars, the State shall become the purchaser and
owner of the said cabinet; provided, that if said report
shall not recommend the said purchase, it shall not be
made.

SEC. 3. The sum of thirteen thousand dollars is hereby appropriated out of any unappropriated money in the General Fund to purchase the said cabinet.

SEC. 4. This Act shall take effect from and after its passage,

CHAPTER IV.

SUPREME COURT LIBRARY.

SECTION 2313. Who may use.

2314. Librarian and his duties.

2315. Who may take books.

2316. Fund for support of.

2313. This Library is for the use of the Justices Who may and counselors at law of the Supreme Court.

use.

and his

2314. The Secretary of the Supreme Court, under Librarian the supervision of the Court, is the Librarian, and duties. responsible for the safe keeping of the books. Before used he must mark and number the volumes, and enter them in a catalogue kept in the Library.

take books.

2315. Books may be taken from this Library by Who may the Justices of the Supreme Court. At the request