397. Per diem, etc., of lieutenant-governor.

SEC. 397. The lieutenant-governor shall receive the same per diem and mileage, and sum for contingent expenses, as the speaker of the assembly, and only during the session of the legislature. [Amendment, approved April 23, 1880; Amendments 1880, 88 (Ban. ed. 410); took effect from and after July 1, 1880.] Amended to conform to Const. Cal., art. 5, sec. 19.

SEC. 407. The secretary of state is charged with the custody:

1. Of the enrolled copy of the constitution;

2. Of all acts and resolutions passed by the legislature;

3. Of the journals of the legislature;

4. Of the great seal;

5. Of all books, records, deeds, parchments, maps, and papers kept or deposited in his office pursuant to law.

Secretary of state, and constitutional provisions concerning him: Subject to impeachment: Const. Cal., art. 4, sec. 18; signature to grants and commissions: Id., art. 5, sec. 14; custody of official records: Id., art. 5, sec. 19.

408. Duties of secretary of state.

duties in counting returns on constitutional revision: Id., art. 18, sec. 2.

Election and term of office: See ante, sec. 348, and note.

SEC. 408. In addition to the duties prescribed by the constitution, it is the duty of the secretary of state:

First-To attend at every session of the legislature, for the purpose of receiving bills and resolutions thereof, and to perform such other duties as may be devolved upon him by resolution of the two houses, or either of them. Second-To keep a register of and attest the official acts of the governor.

Third-To affix the great seal, with his attestion, to commissions, pardons, and other public instruments to which the official signature of the governor is required.

Fourth-To record in proper books all conveyances made to the state, and all articles of incorporation filed in his office.

Fifth-To receive and record in proper books the official bonds of all the officers whose bonds are fixed by Part III. of this code, and then deliver the originals to the state treasurer.

Sixth-To record in a proper book all changes of names certified to him by the county clerks, in the manner in which such record is now made.

Seventh-To take and file in his office receipts for all books distributed by him, and to direct the county clerk of each county to do the same.

Eighth-To certify to the governor the names of those persons who have received at any election the highest number of votes for any office, the incumbent of which is commissioned by the governor.

tified

Ninth-To furnish, on demand to any person paying the fees therefor, a cerof all or any part of any law record, or other instrument, filed, deposited, or recorded in his office.

сору

Tenth-To deliver to the state printer, at the earliest day practicable after the final adjournment of each session of the legislature, an index of all laws, resolutions (with marginal notes), and journals, kept, passed, or adopted at such

session.

Eleventh-To notify in writing the district attorney of the proper county of the failure of any officer in his county to file in his office the sworn statement of fees received by such officer.

Twelfth-To present to the legislature at the commencement of each session thereof a full account of all purchases made and expenses incurred by him in furnishing fuel, lights, and stationery.

Thirteenth-To keep a fee-book, in which must be entered all fees, commissions, and compensation of whatever nature or kind by him earned, collected, or charged, with the date, name of payor, paid or not paid, and the nature of the service in each case, which book must be verified annually by his affidavit entered therein.

Fourteenth-To file in his office descriptions of seals in use by the different state officers, and furnish such officers with new seals whenever required.

Fifteenth-To discharge the duties of member of the state board of examiners, state capitol commissioner, state sealer of weights and measures, and all other duties required of him by law.

Sixteenth-To report to the governor, at the time prescribed in section three hundred and thirty-two of this code, a detailed account of all his official actions since his previous reports, and accompanying the report with a detailed statement, under oath, of the manner in which all appropriations for his office have been expended.

Seventeenth-He must distribute of the bound volumes of the decisions of the supreme court as soon as he receives them:

1. To each state, one copy;

2. To the library of congress, the state library, and the supreme court library, two copies each;

3. To each department of this state, and to each of the United States district judges for this state, justices of the supreme court, and judges of the superior courts, one copy;

4. To each district attorney and county clerk, one copy;

5. To the reporter of the decisions ten copies. [Amendment, approved April 23, 1880; Amendments 1880, 85 (Ban. ed. 408); took effect from and after July 1, 1880.]

See, as to duties, Const. Cal., art. 5, sec. 19. Other duties for secretary of state: See Stats. 1872. 409. Distribution of statutes and journals.

SEC. 409. Immediately after the laws, resolutions, and journals mentioned in subdivision nine of the preceding section are bound, the secretary of state must distribute the same as follows:

1. To each department of the government at Washington, and of the government of this state, one copy;

2. To the library of congress, the state library, and to the supreme court library, two copies each;

3. To each of the states, two copies;

4. To each of our members of congress, and to each of the United States district judges, judges of the supreme, district, and county courts of this state, and to the municipal, criminal, and probate courts of the city and county of San Francisco, one copy;

5. To the lieutenant-governor, each member of the legislature, secretary of the senate, and clerk of the assembly, at the session when such laws and journals were adopted, one copy;

6. To each of the incorporated colleges of the state, the university, and to such other literary and scientific institutions as in his opinion may secure an interchange of works, one copy;

7. Of the laws alone, to the county clerk of each county, in the cheapest and most expeditious manner, to be by the sheriff distributed under the directions of the clerk, one copy for the board of supervisors, one copy to each county officer and each justice of the peace; and of the journals, three copies of each house to each county clerk, for the use of the county.

410. Distribution of reports of supreme court.

SEC. 410. He must distribute of the bound volumes of the decisions of the supreme court, as soon as he receives them:

1. To each state, one copy;

2. To the library of congress, the state library, and the supreme court library, two copies each;

3. To each department of this state, and to each of the United States district judges for this state, supreme, district, and county judges, and the judges of the municipal, criminal, and the probate courts of the city and county of San Francisco, one copy;

4. To each district attorney and county clerk, one copy;

5. To the reporter of the decisions, ten copies.

Stats. 1872, 481, contained similar provisions. See sec. 408, subd. 17, ante.

411. To mark books distributed.

SEC. 411. The secretary of state must indelibly mark each book distributed to officers in this state (except legislative officers and the reporter) with the name of the county to which and the official designation of the officer to whom it is sent. Such books remain the property of the state, and must be by the officers receiving them delivered to their successors.

This section relates only to continuing offices, to the officers mentioned in subdivision 5 of and not to the members of the legislature, the section 409, ante. See Code commissioners' code commissioners, the advisory committee, or notes.

412. To superintend and take charge of capitol.

SEC. 412. The secretary of state is the superintendent and has charge of the state capitol, and he must keep the same, together with all property therein, in good order and repair.

Seat of government: See ante, sec. 145, and note.

413. To furnish fuel and stationery.

SEC. 413. Fuel, lights, and stationery for the senate and assembly, supreme court, and state and supreme court libraries, and for all officers having their offices or chambers in the state capitol, must be furnished by the secretary of

state.

Fuel and stationery account: See ante, sec. 408, subd. 12.

414. Expenses for fuel, etc., how paid.

SEC. 414. The expenses incurred by him in carrying into effect the provisions of sections four hundred and nine, four hundred and ten, four hundred and twelve, and four hundred and thirteen, must be audited by the board of examiners, and paid out of any moneys specially appropriated for that purpose.

Board of examiners: See secs. 654, 683.

415. Translation of laws into Spanish, etc.

SEO. 415. The translation of the laws into Spanish, and their distribution, is under the control of the secretary of state, as follows: During the month of De

cember of each legislative year he must advertise for proposals for the translation into Spanish of such laws as may be authorized by the legislature. The proposals received must be opened on the first Monday in February thereafter, in the presence of a joint committee of both houses of the legislature, who must, within ten days thereafter, award the contract to the lowest competent bidder; but not more than seventy-five cents per folio of one hundred words must be paid for translating, preparing the index, and correcting the proof-sheets for the printer, all of which must be done by the translator within three months from the time he is furnished with the copy. The Spanish laws must be distributed in the same manner as laws printed in English to the counties of San Diego, San Bernardino, Los Angeles, Santa Barbara, San Luis Obispo, Monterey, Santa Clara, Contra Costa, Alameda, Marin, and Sonoma, and one copy must be sent to each of the district judges of the first, third, and seventh districts. Before entering on his duties, the translator must take an oath for the faithful and correct translation of the laws and joint and concurrent resolutions as herein ordered, and give bond, with two good and sufficient sureties, in the sum of five thousand dollars penalty, to be approved by the secretary of state, conditioned for the entire, correct, and complete translation and service to be done as herein provided; and his account for such services, when certified by the secretary of state, must be submitted to the board of examiners, and when allowed, audited by the controller, and paid by the treasurer of state.

This section was declared by the code com- constitution: Art. 11, sec. 21. See art. 4, sec. missioners to be a necessity under the former 24, of the constitution of 1879.

416. Fees.

SEC. 416. The secretary of state, for services performed in his office, must charge and collect the following fees:

1. For a copy of any law, resolution, record, or other document or paper, on file in his office, twenty cents per folio;

2. For affixing certificate and seal of state, two dollars;

3. For filing articles of incorporation, five dollars;

4. For recording articles of incorporation, twenty cents per folio:

5. For issuing each certificate of incorporation, three dollars;

6. For receiving and recording each official bond, five dollars;

7. For each commission, passport, or other document, signed by the governor and attested by the secretary of state (pardons and military commissions excepted), five dollars;

8. For each patent for land issued by the governor, if for one hundred and sixty acres or less, one dollar; and for each additional one hundred and sixty acres or fraction thereof, one dollar;

9. For searching records and archives of the state, one dollar;

10. For filing each trade-mark, three dollars;

11. For filing and recording notice of appointment of agent, five dollars; 12. For filing and recording notice of removal of place of business, five dollars;

13. For filing certificate of increase or decrease of capital stock, five dollars; 14. For issuing certificate of increase or decrease of capital stock, three dollars;

15. For filing certificate of continuance of existence, five dollars;

16. For issuing certificate of continuance of existence, three dollars; 17. For recording miscellaneous records, papers, or other documents, twentyfive cents per folio. But no member of the legislature or state officer can be

charged for any search relative to matters appertaining to the duties of their offices; nor must they be charged any fee for a certified copy of any law or resolution passed by the legislature relative to their official duties. All fees collected by him must be paid into the state treasury at the end of each month, and constitute the state library fund. [Amendment, approved March 7, 1881; Statutes and Amendments 1881, 65; took effect immediately.]

Fee-book: See sec. 408, subd. 13.

Duty to furnish certified copies of document on payment of fee: Sec. 408, subd. 9.

417. Salary of secretary of state.

SEC. 417. The annual salary of the secretary of state, to include all services rendered ex officio as member of any board or commission as now required, or which may be by law hereafter devolved upon him, is three thousand dollars. [Amendment, approved April 23, 1880; Amendments 1880, 86 (Ban. ed. 409); took effect from and after July 1, 1880.]

Salary lessened one thousand dollars. With respect to the right of the secretary of state, prior to this amendment, to receive extra com

418. Salary of deputy.

pensation for additional duties imposed upon him, consult Melone v. State, 51 Cal. 549.

SEC. 418. The annual salary of the deputy secretary of state is two thousand four hundred dollars. [Amendment, approved April 1, 1878; Amendments 1877-8, 4; took office from and after December 1, 1879.]

Not altered in effect.

419. Salary of book-keeper.

SEC. 419. The annual salary of the book-keeper shall be two thousand dollars. [Amendment, approved April 23, 1880; Amendments 1880, 86 (Ban. ed. 409); took effect from and after July 1, 1880.]

Originally "clerk," with two thousand four hundred dollars annual salary.

420. Salary of recording clerks.

SEC. 420. The annual salary for each recording clerk for the secretary of state is sixteen hundred dollars. [Amendment, approved April 23, 1880; Amendments 1880, 86 (Ban ed. 409); took effect from and after July 1, 1880.]

Lessened two hundred dollars.

421. Salary of general clerk.

Section 421, relating to salary of a general 88 (Ban. ed. 411); took effect from and after clerk for the secretary of state, was repealed July 1, 1880.

by act of April 23, 1880; Amendments 1880,

422. Salary of special clerks.

SEC. 422. The secretary of state, during each legislative year, from January until April, inclusive, may employ two special clerks, at a monthly salary not exceeding one hundred and twenty-five dollars each. [Amendment, approved April 23, 1880; Amendments 1880, 86 (Ban. ed. 409); took effect from and after July 1, 1880.]

Lessened twenty-five dollars.

423. Official bond.

SEC. 423. The secretary of state must execute an official bond in the sum of

ten thousand dollars.

Official bonds: Secs. 947 et seq.

Filing bond by secretary of state: Sec. 949.

424. Itemized accounts of moneys expended.

SEO. 424. All state officers and appointees shall produce itemized accounts for all moneys, other than salaries, expended by them, accompanied by affida