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bids that may be received, and said superintendent of state printing and said board of examiners shall award said contract to the lowest responsible bidder or bidders therefor. [Amendment, approved April 3, 1876; Amendments 1875-6, 20; took effect from passage.)

534. Salary.

SEO. 534. The superintendent of state printing shall receive a salary of three thousand dollars per annum, payable monthly, out of any money in the general fund not otherwise appropriated, and the sum of twelve hundred dollars is hereby appropriated, out of the general fund, to supply the deficiency in the appropriation provided for in the general appropriation bill, for the salary of the superintendent of state printing for the thirty-seventh and thirty-eighth fiscal years. [Amendment, approved March 9, 1885.]

535. Appropriation for repairs of machinery.

SEC. 535. Whenever any appropriation is made for the support of the state printing-office, a sum not exceeding one thousand dollars thereof shall be applied, when necessary, to and used for the purpose of repairing the present and purchasing new machinery of the state printing-office, in each fiscal year for which the appropriation is made. [Amendment, approved April 3, 1876; Amendments 1875-6, 20; took effect from passage.]

Special acts appropriating money for this office: See note to sec. 538.

536. Contingent expenses.

SEC. 536. Whenever any money is appropriated for the support of the state printing-office, a sum not exceeding the sum of one thousand dollars thereof shall, in each fiscal year for which the appropriation is made, be applied to and used for the purpose of paying contingent expenses of the state printing-office. The superintendent of state printing shall keep an itemized account of all moneys expended out of the contingent fund hereby created, and shall furnish the governor with a copy of the same, under oath, at the end of each fiscal year. [Amendment, approved April, 1, 1878; Amendments 1877-8, 12; took effect from passage; repealed all conflicting acts.]

Under the former section 536, the controller was directed to draw his warrant for the amount of his demands which had been allowed by the board of examiners, with power, however, to refuse so to do if he was not satisfied that

537. Payment of wages and salaries.

the work had been correctly done or computed; and under that section mandamus would not lie to compel the issuance of the warrant: Springer v. Green, 46 Cal. 73.

SEO. 537. The state treasurer is hereby authorized, when the general fund is exhausted, to advance the money on the controller's warrants, drawn for wages and salaries of the employees in the state printing-office, out of any public funds in the treasury, which warrants shall be his vouchers until there is money in the general fund to cancel them; provided, that this section shall not apply to any fund against which there are any warrants then due, or to become due, or so as to keep claimants out of their just demands. Any sum of money remaining unexpended of the appropriation heretofore made for the purchase of materials for the state printing-office is hereby appropriated to the payment of claims due for the construction of the state printing-office. [Amendment, approved April 3, 1876; Amendments 1875-6, 21; took effect from passage.] 538. Engraving and lithographing.

SEC. 538. When any chart, map, diagram, or other engraving shall be required to illustrate any document ordered to be printed, such chart, map, diagram, or

No bills

engraving shall be procured by the superintendent of state printing. for engraving or lithographing, or lithograph printing, other than the above, shall be allowed by the board of examiners. All state printing shall be done in the state printing-office. [Amendment, approved April 1, 1878; Amendments 1877-8, 12; took effect from passuje; repealed all conflicting acts.]

litical Code and 99 and 100 of the Penal Code therein inserted. It has an additional section as follows:

An Act to amend the Political and Penal Codes, concerning public printing, and for other purposes. [Approved April 3, 1876; Amendments 1875-6, 16.] The first twelve sections of this act contain the amendments to sections 526, 528, 530, 531, 532, 533, 534, 535, 538, and 537 of the Political Code, and the new sections 538 of the PoActs repealed.

SEC. 13. An act entitled "An act to provide for the fitting up and use of the governor's mansion as a state printing-office and state armory," approved March 30, 1874, and also an act entitled "An act to establish a state printing-office, and to create the office of superintendent of state printing," approved March 26, 1872, are hereby repealed. This act shall take effect and be in force from and after its passage.

An Act for the support of the state printing-office.

[Approved December 22, 1875; 1875-6, 4.]

Money appropriated for contingent expenses.

SECTION 1. The sum of one thousand dollars is hereby appropriated, out of any money in the state treasury not otherwise appropriated, for the contingent expenses of the superintendent of state printing for the twenty-seventh fiscal year; for the payment of postage, expressage, freighting, telegraphing, and wages due employees, when the amount due any employee shall be for less than a week's work.

Appropriation for support of.

SEC. 2. The sum of forty thousand dollars is appropriated out of the general fund for the support of the state printing-office for the twenty-seventh fiscal year.

To report to board of examiners-Account and report to be voucher.

SEC. 3. The superintendent must report to the board of examiners, at each meeting of the board, the name of each employee in his office and the amount due him for labor; and if the board audit the same, the controller must draw a warrant in favor of such employee for the amount due, and the audited account and report of the superintendent shall be the voucher

to the controller for all the warrants drawn therefor.

When to advance money out of public funds.

SEC. 4. The state treasurer is hereby authorized, when the general fund is exhausted, to advance the money on the controller's warrants drawn for wages and salaries of the employees in the state printing-office out of any public funds in the treasury, which warrants shall be his vouchers until there is money in the general fund to cancel them; provided, that this section shall not apply to any fund against which there are any warrants then due or to become due, or so as to keep claimants out of their just demands.

SEC. 5. This act to take effect immediately.

An Act to appropriate moneys for the purpose of insuring the state printing-office.

[Approved March 17, 1876; 1875-6, 327.]

This act appropriated eleven hundred dollars as the governor's mansion, now used as the for the purpose of insuring the building known state printing-office, and the materials therein. An Act making an appropriation for the state printing-office for the fiscal year ending June 30, 1880 [Approved February 2, 1880; 1880, 2 (Ban. ed. 2).]

This act appropriated forty-five thousand of wages and other incidental expenses for the dollars for the purchase of a press, type, and year indicated in the title. The first section of other printing material, and for the payment the act provides as follows:

SECTION 1. The superintendent of state printing is hereby authorized, under the advice and superintendence of the state board of examiners, to purchase such printing-presses, type, and other material as may be necessary for the carrying on of the state printing-office.

An Act to provide for the enlargement of the state printing-office, and for the repairing and paint. ing of the building.

[Approved April 16, 1880; 1880, 120 (Ban. ed. 386).]

This act authorized the board of state capitol commissioners to make such changes and alterations in the building known as the "governor's mansion" as might be necessary for the enlarge

154

ment and fitting up of the state printing-office, and appropriated four thousand dollars to cover the expenses.

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SEC. 548. It is the duty of the state geologist, with the aid of such assistants as he may appoint, to continue and with all reasonable diligence to complete the geological survey of this state. He must also prepare a report of the survey, and superintend the publication thereof in the form of a geological botanical, zoölogical, and physiographical history of the state, with full and scientific descriptions of its rocks, fossils, soils, minerals, mines, climates, and physical geography, together with suitable and accurate geological and topographical maps and diagrams of the same.

Appointment and term of office: Sec. 368, subd. 3, and sec. 369. See special acts at end of article.

549. Report to governor.

SEC. 549. He must, as near as may be at the beginning of each session of the legislature, present to the governor, who must lay the same before the legislature, a report of progress, in which the operations of the geological survey during the interval since his last preceding report must be set forth, and its most important results made public.

550. Specimens to be delivered to university.

SEC. 550. The geological and other specimens collected by the state geological survey must, excepting such as may be required by the state geologist to aid in the preparation of his report, be delivered over to the regents of the state university, to be by them deposited in the cabinet of the same as the property of the university.

551. Salary of geologist.

SEC. 551. The annual salary of the state geologist is six thousand dollars, payable monthly out of any appropriations which may be made by the legislature for the continuation of the work of the survey.

552. Compensation of assistants.

SEO. 552. His assistants receive such compensation as he may determine, payable in the same manner out of the same fund.

553. Board of examiners to audit accounts.

SEC. 553. The accounts of the state geologist, including salaries and all other expenses of the survey, must be audited by the board of examiners, and, if found correct, must be paid out of the state treasury in such manner as may be provided by law.

Board of examiners: Secs. 654 et seq.

554. Reports and maps to be sold, etc.

SEC. 554. The volumes and maps of the report must be sold upon such terms as the governor deems to be most advantageous to the state, and any moneys derived from such sales must be applied to the completion of the unfinished publications of the survey, and the surplus, if any, must be paid into the com

mon school fund of the state.

An Act to authorize the distribution of the reports of the state geological survey. Reports for foreign nations. [Approved February 2, 1872; 1871-2, 55.]

SECTION 1. On the application of any consul residing in the city of San Francisco, and rep. resenting an European government, to the governor of the state of California, requesting a set Bcientific or literary institution under the control of the government of which he is the accredited of the reports of the state geological survey, to be deposited in some well-known and established

representative, an order may issue from the governor to the secretary of state or the state geologist, as the case may be, directing them to furnish one such set of reports only to each nation having a consul residing in San Francisco; provided further, that the state superintendent of public instruction shall be furnished, on demand on the secretary of state and the state geologist, with one set for the state normal school, two sets for the state university, and two sets for the state library.

Delivery of reports.

SEC. 2. The secretary of state or the state geologist, on the presentation of such order, shall deliver to the party therein named such set or parts of set of the reports of the state geological survey as may be designated, taking his receipt therefor. They shall annually, on the first day of September of each year, report to the governor the number of volumes so issued, at whose request, and to what institution presented.

SEC. 3. This act shall take effect immediately.

Distribution in United States.

An Act supplementary to the above act.

[Approved April 1, 1872; 1871-2, 924.]

SECTION 1. Of each of the volumes and maps of the state geological survey already published, or which may be hereafter published, one hundred copies shall be deposited at the office of the secretary of state by the state geologist, subject to the order of the governor, for gratuitous dis tribution to the various state and territorial libraries, to public libraries, and to the libraries of universities, colleges, and learned societies in the United States.

Distribution in foreign countries.

SEC. 2. One hundred copies of the same may be distributed by the state geologist to public libraries and learned institutions in foreign countries, to the officers of other geological surveys, and to persons who may have rendered special services to the geological survey of California. County clerks.

SEC. 3. On application by the county clerks of the respective counties to the state geologist, one copy of each of same shall be given to each county in the state of California, to be deposited and kept with the county records, and to be accessible at all reasonable hours for inspection by the general public, the county clerk being held responsible for the safe-keeping of the same. Record of distribution.

SEC. 4. The secretary of state and the state geologist shall each keep a record of the volumes and maps thus distributed, specifying the names of the institutions or individuals to whom the same are given, and the state geologist shall biennially communicate such record as kept by him to the office of the secretary of state, where a complete record of the distribution herein provided for shall be preserved.

SEC. 5. No person or institution shall receive more than one copy of each volume or map, under the provisions of this act.

SEC. 6. This act shall take effect immediately.

An Act to continue the geological survey of the state of California.

Completion of survey.

[Approved March 13, 1872; 1871–2, 355.]

SECTION 1. It shall be the duty of the state geologist to proceed and with all reasonable dil gence complete the geological survey of this state, and the publication of the results thereof. Appropriation.

SEC. 2. The sum of two thousand dollars per month, payable monthly for the period of two years from and after the twenty-fifth day of March, A. D. eighteen hundred and seventy-two, is hereby appropriated out of any money in the treasury not otherwise appropriated, to pay the expenses of said survey and publication, and the controller is hereby directed to draw his warrants upon the treasurer and in favor of the state geologist therefor. SEC. 3. This act shall take effect immediately. A concurrent resolution was adopted March 25, 1874; 1873-4, 992, requesting the late state geologist to return to the state all specimens collected by him as such geologist, and that An Act to provide for the preservation of the material of the geological survey of California. [Approved March 27, 1874; 1873-4, 694.]

State geologist.

they be placed in the possession of the state university for the use and benefit of the uni• versity.

SECTION 1. It shall be the duty of the state geologist to deliver to the president of the University of California, at Berkeley, in this state, all instruments, accouterments, furniture, property, maps, books, drawings, manuscripts, notes, engravings, lithographic stones, wood-cuts, field-notes, and other material of every description and nature belonging or appertaining to the geological survey of California; such surrender and delivery to be made without delay. Regents.

SEC. 2. The regents of the university of California shall safely keep and preserve, at the said university, all the property and material referred to in section one of this act, until such time as the legislature may direct otherwise.

Appropriation.

SEC. 3. The sum of five thousand dollars is hereby appropriated out of any money in the general fund not otherwise appropriated, to pay the necessary cost of arranging, packing, transporting, and delivering the said property and material; and the controller shall draw his warrant

or warrants for such purpose, not to exceed said sum of five thousand dollars, when directed to do so by the state board of examiners, and the treasurer shall pay the same.

Reports.

SEC. 4. The regents of said university shall keep on hand and offer for sale all volumes of reports and maps published by said geological survey; they may also, as soon as the present supply of reports and maps is exhausted, cause any portion of the same to be republished and sold at the prices now provided or that may hereafter be provided by law; provided, that said republication shall be done without cost to the state; provided further, that the proceeds of the sale of all such maps and reports, over and above the cost of republication, shall be paid in to the state treasurer and by him credited to the school fund of the state.

SEC. 5. This act shall take effect immediately.

561. General duties of.

ARTICLE XIV.

SEALERS OF WEIGHTS AND MEASURES.

SEC. 561. The state sealer of weights and measures has the general supervision of the weights and measures of the state. He must take charge of the standards, and see that they are kept in, and in no case removed from, a fireproof vault in his office, except for the purpose of comparing and copying. He must correct the standards of the cities and counties, provide them with the necessary standards, balances, and other means of adjustment, and as often as once in ten years compare the same with those in his possession.

See Stats. 1861, 86, for the basis of this article.

Weights and measures: See post, secs. 3209 et seq., and notes.

562. County clerks ex officio sealers.

Secretary of state ex officio state sealer
of weights and measures: Sec. 351, ante.
False weights and measures: See Pen.
Code, secs. 552 et seq.

SEC. 562. The county clerks are ex officio county. sealers of weights and measures for their respective counties.

563. Duties of county sealers.

SEC. 563. The county sealers must keep in their offices the standards of weights and measures for their respective counties.

564. Standards for county sealers.

SEC. 564. Copies of the original standards, to be made of such material as the state sealer directs, must be deposited by him in the office of the county sealers of the several counties of this state, at the expense of the counties, which are severally responsible for the preservation of the copies respectively delivered to them.

565. Standards to be marked.

SEC. 565. The state sealer must cause to be impressed on each of the copies of such original standards the letter "C," and such other device as he may direct for the particular county, which device must be recorded in the state sealer's office, and a copy thereof delivered to the respective county sealers. "C," being the initial of "correct," is used therefor: Commissioners' note.

566. Standards, county sealers to compare, etc.

SEC. 566. The county sealers must compare all weights and measures which are brought to them for that purpose with the copies of standards in their possession, and when the same are found or made to conform to the legal standards, the officer comparing them must seal and mark them as correct.

567. Fees.

SEO. 567. Each county sealer may receive for his services the following fees: For sealing and marking every beam, seventy-five cents; for sealing and markmeasures of extension, at the rate of forty cents per yard, not to exceed one

ing

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