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collected under the provisions of said article to the same extent and in the same manner as though said article sixteen had not been repealed.

History: Enacted March 6, 1907, Stats. and Amdts. 1907, p. 167, Kerr's Stats. and Amdts. 1906-7, p. 58. In effect immediately.

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§ 642. GENERAL DUTIES OF. It is the duty of the fish commissioners:

1. To see that the laws for the preservation of fish and game are strictly enforced; and for that purpose they may, from time to time, employ such assistants as they shall deem necessary, which persons so appointed as assistants shall be public officers and shall have all the powers and authority of sheriffs or other peace officers to make arrests for violation of such laws, and to serve all process and notices throughout the state.

The fish commissioners or their assistants shall seize and take possession of any and all game or fish or any part thereof which have been caught, taken, killed, or had in possession. or under control, or sold or offered for sale, or shipped, or offered for shipment, contrary to any of the laws of this state, and all such game, fish or any part thereof which may be so seized and taken possession of by the fish commissioners or their assistants shall be donated by them to some charitable or public institution.

2. To establish and maintain fish breederies for stocking the waters of this state with foreign and native fish.

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

4. To stock with such spawn the waters of this state.

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

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

7. To provide for the importation of game birds or animals and for the propagation, distribution and protection of imported or domestic game birds or animals, and for that purpose to acquire by lease or otherwise such land as may be deemed necessary for the purpose of establishing state game farms, and to distribute the output of such game farm or farms on public lands, or where, in the judgment of the fish commissioners, such birds or animals will receive adequate protection.

8. To report biennially to the governor a statement of all their transactions and disbursements.

[Repealing clause.] Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.

History: Enacted March 12, 1872; amended March 28, 1878, Code Amdts. 1877-8, p. 21; March 25, 1909, Stats. and Amdts. 1909, p. 747. In effect immediately.

§ 643. NO COMPENSATION.

no compensation.

The commissioners receive

History: Enacted March 12, 1872.

ARTICLE XVIII.

BOARD OF EXAMINERS.

[Secretary, duties and salary of.]

Depositions.

Presentation of and action on claims for which appropriations have been made.

[Approval and warrant.]
[Where not approved.]

As to claims provided for, but for which there is no appropriation.

Same. As to unsettled claims.

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

Proof and examination of such claims.

Report on such claims.

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Rules and regulations.

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$ 659.

§ 660.

$ 661.

Same.

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§ 672.

§ 673.

§ 674.

$ 675.

$ 676.

§ 677.

§ 678.

§ 679.

$ 680.

§ 681.

§ 682.

§ 683.

§ 684.

$685.

Disqualifications.

Treasurer to act in place of disqualified members.
Restrictions on power of board.

Controller not to draw warrant for claims not audited by examiners.

Certain claims exempted.

Board may prevent payment of controller's warrants,
when.

Must examine books of controller and treasurer.
Must count money in treasury.

Must make affidavit thereof.

Controller and treasurer must permit examination and counting.

Printing expert.

Conversion of school fund into bonds.

Same. [State board of examiners and state treasurer to be notified of bonds ready to be sold. Application to purchase.]

Same.

[State treasurer custodian of bonds purchased; state school fund.]

Purchase of state bonds.

Assistant secretary of state board of examiners.
Clerks for secretary of board.

§ 654. CHAIRMAN. [SECRETARY, DUTIES AND SALARY OF] The governor, and in his absence, the secretary of state, is chairman of the board of examiners. The governor shall appoint a secretary to hold office during his pleasure, whose salary as secretary and ex officio member of the board shall be thirty-six hundred dollars per annum, payable in the same manner as the salaries of other state officers. He is an executive officer attached to the governor's office and is authorized to administer oaths and shall perform such duties, other than secretary, as may be assigned to him by the governor from time to time.

History: Enacted March 12, 1872; amended March 9, 1887, Stats, and Amdts. 1886-7, pp. 57, 58; March 10, 1891, Stats, and Amdts. 1891, p. 71; March 23, 1893, Stats. and Amdts. 1893, p. 182; March 19, 1909, Stats. and Amdts. 1909, p. 417. In effect immediately.

See Kerr's Cyc. Pol. C. for 5 pars. annotation.

47 C. 364, 370 (referred to); 44 P. 1081, 1082 (referred to).

$655. MEETINGS. The semi-monthly meetings of the board must be held at the state capitol on the first and third Mondays in each month.

History: Enacted March 12, 1872.

§656. RECORDS. The board must keep a record of all their proceedings, and any member may cause his dissent to the action of the majority upon any matter to be entered upon such record. And all claims must be entered on the minutes of the board before the same shall be acted upon.

History: Enacted March 12, 1872; amended March 30, 1874, Code Amdts. 1873-4, pp. 67, 68.

72 C. 5, 9, 1 A. S. 17, 12 P. 801, 802 (cited).

$657. RULES AND REGULATIONS. The board may, in writing, establish rules and regulations not inconsistent with law for its government.

History: Enacted March 12, 1872, founded upon § 13 Act April 21, 1858, Stats. 1858, p. 214.

§ 658. WITNESSES. 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.

History: Enacted March 12, 1872, founded upon § 12 Act April 21, 1858, Stats. 1858, p. 214.

See Kerr's Cyc. Pol. C. for 2 pars. annotation.

31 P. 614, 617 (power of examiners as to claims presented for allowance) 145 C. 759, 766, 79 P. 537 (construed with other sections).

As to use of personal knowledge of member of board, see Kerr's Cyc. Pol. C. § 666 and note par. 2.

§ 659. DEPOSITIONS. Each member of the board may take depositions, to be used before it.

History: Enacted March 12, 1872, founded upon § 13 Act April 21, 1858, Stats. 1858, p. 214.

§ 660. PRESENTATION OF AND ACTION ON CLAIMS FOR WHICH APPROPRIATIONS HAVE BEEN MADE. 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 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.

History: Enacted March 12, 1872.

See Kerr's Cyc. Pol. C. for 11 pars, annotation.

46 C. 187, 190 (construed and applied); 55 C. 488, 489 (con

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