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An act to authorize the governor to employ a stenographer for his

office, and to provide for the payment of his salary.

(Approved January 15, 1891; Stats. 1891, p. 1.] SECTION 1. The governor of California is hereby authorized to appoint a stenographer to assist him in the duties of his office, and who shall serve during his pleasure. He shall perform such duties as may be assigned him by the governor from time to time. The salary of such stenographer shall be sixteen hundred dollars per annum, payable as the salary of state officers.

SEC. 2. The sum of eight hundred dollars is hereby approprinted out of the general fund of the state treasury for the payment of the salary of the stenographer during the fortysecond fiscal year.

SEC. 3. This act shall take effect from and after its passage.

416. Limitation in action against secretary of state: 73 Cal, 574. 424 An act to prohibit the creation of debts against the state in

excess of appropriations made by law. except in cases of actual necessity, and on consent of the board of examiners.

(Approved March 23, 1893; Stats. 1893, p. 285.) SECTION 1. No officer or employee in the service of the state shall have power to create any deficiency in excess of any appropriation of money made by law, except in case of actual necessity, and only then upon the written authority, first obtained, of the governor, secretary of state, and attorney-gen. eral; and any indebtedness attempted to be created against the state in violation of the provisions of this act shall be absolutely null and void, and shall not be allowed by the state board of examiners.

SEC. 2. This act shall take effect from and after its passage.

433. Mandamus to compel issuance of warrant: 84 Cal. 57. An net to provide for the payment of the controller of state's warrants which have been lost or destroyed previous to payment by the state treasurer.

(Approved March 31, 1891; Stats, 1891, p. 294.] SECTION 1. Whenever any warrant legally drawn by the controller of state shall have been lost or destroyed before the same has been paid by the state treasurer, the amount due there on may be recovered by the legal owner or custodian thereof, by filing with the controller of state,

Pirat. An affidavit setting forth the fact of the loss or destruction of such state warrant, giving the number, date, amount, and name of the payee, together with all materiai facts relative to the loss or destruction of the same.

Second. A bond of indemnity, with two good and sufficient fureties, in double the amount of the face of the particular warrant, which bond shall be referred to the attorney-general and controller of state for approval or rejection,

SEC. 2. It shall be the duty of the attorney-general and of the controller of state to examine and pass upon the sufficiency of the said bond, and to approve or reject the same, within thirty days after it shall have been filed with the controller of state.

SEC, 3. After the filing of the approved bond, the controller of state is hereby authorized and directed to issue and deliver to the legal owner or claimant, on demand, a duplicate warrant for the full amount of the original warrant, and the treasurer of state is hereby authorized and directed to pay the duplicate, in lieu of the original warrant.

SEC. 4. The controller and treasurer shall each make the proper entries on their books, showing such warrants to have been lost or destroyed, and the issuance of duplicate warrants in lieu thereof. An act authorizing the controller to charge the sum of $3.306.72

against the general fund, to adjust a discrepancy existing between the books in his office and those of the office of the state treasurer because of payments of warrants from the general fund which had been drawn against the state drainage construction fund and construction fund if drainage district number one.

(Approved March 31, 1891; Stats. 1891, p. 244.] SECTION 1. The controller is hereby authorized to charge against the general fund the sum of three thousand three hundred and six dollars and seventy-two cents, to adjust the discrepancy existing between his books and those of the treasurer, io that amount, because of payments made from that fund by the treasurer of warrants drawn against the state drainage construction fund and construction fund of drainage district number one.

SEC. 2. This act shall take effect immediately. An act relating to the transfer of moneys now in the state treasury, in whal is known and designated as estate of deceased persons fund, to the general fund, as a loan.

(Approved March 19, 1891; Stats. 1891, p. 136.) SECTION 1. The controller and treasurer of the state are hereby authorized to transfer on April first, eighteen hundred and ninety-one, the sum of eighty thousand dollars from the fund now in the state treasury known and designated as “Eslate of Deceased Persons Fund," to the general fund, as a loan to said general fund, without interest.

SEC, 2. That in the event claims are hereafter presented and allowed, as by law in such cases made and provided, valid and proper to be paid out of said fund known as “Estate of Deceased Persons Fund," and in the event there is not remaining at the time of said presentation of said claim or claims sufficient money in said fund in the treasury of the state to pay said claim or claims, then, and not otherwise, the said claim or claims so presented shall be paid out of the general fund of the state to the extent of the money ordered to be transferred from said fund of the “Estate of Deceased Persons

Fund" to the general fund, as set forth in section one of this

SEC. 8. This act shall take effect immediately. An act authorizing the controller and treasurer to transfer to the

general fund all moneys now in the state drainage construction Jan, and also from time to time, to transfer to the general fund all neys that may hereafter be paid into the state drainage constructim fund.

(Approved March 31, 1891; Stats. 1891, p. 237.) SECTION 1. The controller is hereby authorized to transfer to the general fund all moneys standing to the credit of the state drainage construction fund, and also, from time to time, to transfer to the general fund all moneys that may hereafter be paid into the state drainage construction fund.

SEC. 2. The controller, immediately after making the transfers provided for in this act, shall notify the state treasurer of the same, and the treasurer shall thereupon make corresponding transfers upon the books of his office.

SEX. 3. This act shall take effect immediately. An act authorizing the controller and treasurer to transfer to the

general fund all moneys to the credit of the construction fund of drainage district number one, and also, from time to time, to transfer to the general funil al moneys that may hereafter be paid into said construction fund of drainage district number one.

(Approved March 31, 1891; Stats. 1891, p. 279.) SECTION 1. The controller is hereby authorized to transfer to the general fund all moneys to the credit of the construction fund of drainage district number one, and also, from time to time, to transfer to the general fund all moneys that may hereafter be paid into the construction fund of drainage distriet number one.

SEC. 2. The controller, immediately after making the transfer provided for in this act, shall notify the state treasurer of the same, and the treasurer shall thereupon make correspond. ing transiers on the books of his office.

BEC. 3. This act shall take effect immediately.
An act authorizing the controller and treasurer to transfer to the

grneral fund all moneys now in the election reward fund, the leproxy fund, and interest and sinking fund, levee district number fre, and abolishing the leprosy fund and interest and sinking fand, leree district number five.

(Approved February 23, 1893; Stats. 1893, p. 6.) SECTION 1. The controller is hereby authorized to transfer to the general fund all moneys standing to the credit of the election reward fund, the leprosy fund, and interest and sinking fund, levee district number tive.

GEC. 2. The controller, immediately after making the translers provided for in this act, shall notify the state treasurer of the same, and the treasurer shall thereupon make corresponding transfers upon the bɔoks of his office.

SEC, 3. The funds known as the leprosy fund and interest and sinking fund, levee district number five, are hereby abol. ished.

SEC. 4. This act shall take effect from and after its passage. An act authorising the state controller and state treasurer to trans

fer from the state school fund to the state school land fund the sum of $189,426.58.

(Approved March 3, 1893; Stats, 1893, p. 78.] WHEREAS, According to the statement of the state controller,

ther now exists a deficiency in the state school land fund am...nting to one hundred and eighty-nine thousand four h wdred and twenty-six dollars and fifty-eight cents, caused, during the years eighteen hundred and cighty-three to eighteen hundred and ninety, inclusive, by the state board of examiners purchasing bonds with the money from this fund, as authorized by section six hundred and cighty of the Political Code, and paying therefor premiums and accrued interest, the amount of which was not returned to this fund, but was covered into the state school fund; and whereas, section four, article nine, of the constitution provides that the state school land fund shall be and remain a perpetual fund, the proceeds from which shall go to the sup

port of the common schools; now, therefore, The people of the state of California, representer in senate and

assemblij, do enact as follows: – SECTION 1. The state controller and state treasurer are hereby authorized and directed to transfer from the state school fund to the state school land fund the sum of one hundred and eighty-nine thousand four hundred and twenty-six dollars and fifty-eight cents.

SEC. 2. This act shall take effect immediately.

435. Sepirate account of school fund to be kept by controller. The controller must keep a separate account of the school fund, and of the interest and income thereof, together with such moneys as may be raised by special tax, or otherwise, for school purposes. He must, on the first Monday in January and on the first Monday in July in each year, report to the superintendent of public in. struction a statement of the securities belonging to the school fund, of the moneys in the treasury subject to apportionment, and the several sources from which they accrued. He must draw his warrant on the state treas. urer in favor of any county treasurer, whenever such county treasurer presents, with his indorsement, an order drawn by the superintendent of public instruction in favor of such county; and the warrant so drawn is not

subject to the provisions of article eighteen of this chapter. (Amendment approved March 31, 1891; Stats. 1891, p. 471.]

437. Proceedings against defaulters: See ante, sec. 416, note; post, sec, 452, note. 444. Repealed; Stats. 1891, p.

150. The fund known as the grammar school course fund, provided for by the statutes of 1887 (Stats. 1887, p. 124) was also abolished by act approved March 20, 1891, as follows:

The fund known as the grammar school course fund is he by abolished. Upon the passage of this act, the controller of state is hereby authorized and directed to credit to the state school fund any and all money that may stand to the grammar school course find. All ontstanding claims against the grammar school course fund shall be paid out of the school fund. (Approved March 26, 1891; Stuts. 1891, p. 164, sec. 31.) 452. An Act proriding for the cancellation of certain receipts

ichich were directed by law to be receired as cash by the state treasurer; and authorizing the controller and treasurer to make the proper entries in the books of their respective offices.

(Approved March 31, 1891; Stats. 1891, p. 290.] WHEREAS, On the twenty-fourth day of November, in the year

eighteen hundred and eighty-four, it was discovered that Arthur D. January, then deputy state treasurer, had abstracted the sum of thirty-nine thousand five hundred and forty-two dollars and twenty-seven cents from a sack in the state treasury containing fifty-three thousand seven hundred and fifty-twodollars and seventy-seven cents, and belonging to certain county treasurers; and whereas, the balance of said money was thereupon taken in charge by the state board of examiners, and by them put in charge of Hon. Frederick Cox, and removed from the state treasury; and whereas, none of this money was the property of the state, but belonged to those certain county treasurers for the use of the common schools of their respective counties; and whereas, as provided by subsequent law, the rereipts given to said county treasurers by the state treasurer for these moneys subsequently abstracted were required to be received and counted as cash, and are now so counted, thus making a discrepancy to the amount of fifty-three thousand neren hundred and fifty-two dollars and seventy-seven cents between the amount of money actually in the state treasury as compared with the amo nt really in the treasury; and whereas, this discrepancy will continue until it can by law be adjusted: and whereas, it is important that the accounts between the othces of the controller and treasurer shall show

the actual cash conditions only; therefore, The people of the state of California. represented in senate and

rassemblý. do ei act as follows: — SECTION 1. The state treasurer, in the presence of the state board of examiners and the controller, is hereby authorized to

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