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§§ 680-682 (154)

SCHOOL FUND-CONVERSION INTO BONDS.

[Pt. III.

by the state printer or any other person, specifying whether the work has been executed in a workmanlike manner or not, and the amount for which the same should be allowed. The report is not conclusive on the board, but is in aid of the discharge of their duties. The expert must receive a salary of fifty dollars a month, payable on the last day of each month.

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

Applied, cited, construed, referred to, etc., in: Lewis vs. Colgan (Cal. May 18, 1896), 44 Pac. Rep. 1081, 1082 (referred to).

As to appointment of expert, see ante § 666 and note par. 2.

§ 680. CONVERSION OF SCHOOL FUND INTO BONDS. Whenever and as often as there is in the state treasury the sum of ten thousand dollars as the proceeds of the sale of state school lands, the board must invest the same in the civil funded bonds of this state, or in the bonds of the United States, or in the bonds of the several counties, city and county, cities or towns or school districts of this state; the investments to be made in such manner and on such terms as the board shall deem best for the fund; provided, that no bonds of any county, city and county, city or town or school districts, shall be purchased of which the debt, debts, or liabilities at the time exceed fifteen per cent of the assessed value of the taxable property of such county, city and county, city or town or school district.

History: Enacted March 12, 1872, founded upon § 56 Act March 28, 1868, Stats. 1867-8, pp. 523, 524; amended March 3, 1883, Stats. and Amdts. 1883, pp. 25, 26; February 26, 1903, Stats. and Amdts. 1903, p. 42.

§ 681. SAME. [STATE BOARD OF EXAMINERS AND STATE TREASURER TO BE NOTIFIED OF BONDS READY TO BE SOLD. APPLICATION TO PURCHASE.] Whenever the board of supervisors, trustees, common council, or other governing board or body of any county, city and county, city or town, or school district of this state shall vote bonds for any purpose, or shall refund any bonds already issued, and said bonds are ready to be sold, the clerk of such board, trustees, common council, or other governing board or body shall forthwith, by mail, postage prepaid, notify the state board of examiners and state treasurer, at the capitol, of such issuance and sale of bonds, and shall give the name by which the bonds are known, the amount of the issuance, the denomination of each bond, the rate of interest, and length of time bonds are to run. No certified check, bond, or other assurance in law shall be required from the state upon its application to purchase bonds.

History: Enacted March 12, 1872, founded upon § 56 Act March 28, 1868, Stats. 1867-8, p. 523; repealed March 3, 1883, Stats. and Amdts. 1883, p. 26; present section enacted March 25, 1903, Stats. and Amdts. 1903, pp. 406, 407.

§ 682. SAME. [STATE TREASURER CUSTODIAN OF BONDS PURCHASED; STATE SCHOOL FUND.] All bonds purchased by the board. under the provisions of section six hundred and eighty must be delivered to the state treasurer, who shall keep them as a special school fund deposit, the interest upon such bonds to be placed by him to the credit of the state school fund.

History: Enacted March 12, 1872, founded upon § 56 Act March 28, 1868, Stats. 1867-8, p. 523; amended March 3, 1883, Stats. and Amdts. 1883,

p. 26.

Applied, cited, construed, referred to, etc., in: Ingram vs. Colgan, 106 Cal. 113, 120, 128, 46 Am. St. Rep. 221, 38 Pac. Rep.

315, 39 Id. 437, 28 L. R. A. 187 (cited by mistake for § 672).

§ 683. PURCHASE OF STATE BONDS. At any sale of civil bonds by the state treasurer the board may become bidders and purchase bonds with the funds at their disposal, and the appropriate transfer of funds must be made by the controller and treasurer on the books of their offices.

History: Enacted March 12, 1872, founded upon § 56 Act March 28, 1868, Stats. 1867-8, p. 523.

§ 684. ASSISTANT SECRETARY OF STATE BOARD OF EXAMINERS. The governor may appoint an assistant to the secretary of the state board of examiners, at an annual salary of twenty-four hundred dollars, payable in the same manner as the salaries of other state officers. Said assistant is a civil executive officer.

History: Enacted March 12, 1872; repealed April 1, 1878, Code Amdts. 1877-8, p. 4; re-repealed February 25, 1880, Code Amdts. 1880 (Pol. pt.), p. 2. The original code section related to salaries of the members of the board of examiners; the present section, providing only as to the assistant secretary for such board, was enacted March 21, 1891, Stats and Amdts. 1891, p. 194; amended February 15, 1905, Stats. and Amdts. 1905, p. 7; in effect immediately.

Applied, cited, construed, referred to, etc., in: Love vs. Baehr, 47 Cal. 364, 366 (construed as it existed prior to repeal Feb.

25, 1880); Melone vs. State, 51 Cal. 549, 550 (construed as it existed prior to repeal by act of Feb. 25, 1880).

§ 685. CLERKS FOR SECRETARY OF BOARD. The board may appoint four clerks for the secretary of said board, who shall be civil executive officers, at an annual salary of sixteen hundred dollars each, payable in the same manner as the salaries of other state officers.

History: Enacted March 12, 1872; repealed April 23, 1880, Code Amdts. 1880 (Pol. pt.), p. 88. Present section enacted March 23, 1893, Stats. and Amdts. 1893, p. 182; amended March 25, 1901, Stats. and Amdts. 1900-1, pp. 807, 808; March 25, 1905, Stats and Amdts. 1905, p. 7; in effect immediately.

to,

As to appointment of expert, see ante 666 and note par. 2.

Applied, cited, construed, referred etc., in: Love vs. Baehr, 47 Cal. 364, 370 (referred to).

§§ 695-704 (156) EXECUTIVE OFFICERS-POWERS AND DUTIES.

ARTICLE XIX.

POWERS AND DUTIES OF OTHER EXECUTIVE OFFICERS.

Pt. III.

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§ 695. VACCINE AGENT. The powers and duties of the vaccine agent are prescribed in title seven of part three of this code.

History: Enacted March 12, 1872.

§ 696. COMMISSIONER OF IMMIGRATION. Those of the commissioner of immigration are prescribed in title seven part three of this code.

History: Enacted March 12, 1872.

§ 697. STATE CAPITOL COMMISSIONERS. Those of the state capitol commissioners are prescribed by "An act to provide for the construction of the state capitol in the city of Sacramento," approved March twenty-ninth, eighteen hundred and sixty, and the acts amendatory thereof, which are hereby continued in force.

History: Enacted March 12, 1872.

§ 698. TIDE LAND COMMISSIONERS (repealed).

History: Enacted March 12, 1872; repealed February 4, 1876, Code
Amdts. 1875-6, p. 15.

§ 699. PORT WARDENS. Those of port wardens are prescribed in title six of part three of this code.

History: Enacted March 12, 1872.

$700. HARBOR COMMISSIONERS. Those of harbor commissioners are prescribed in title six of part three of this code.

History: Enacted March 12, 1872.

§ 701. PILOTS. Those of pilots are prescribed in title six of part three of this code.

History: Enacted March 12, 1872.

§ 702. SAN FRANCISCO MARINE BOARD (repealed).

History: Enacted March 12, 1872; repealed January 13, 1876, Code
Amdts. 1875-6, p. 14.

$703. PILOT COMMISSIONERS. Those of pilot commissioners are prescribed in title six of part three of this code.

History: Enacted March 12, 1872.

§ 704. BOARDS OF HEALTH. Those of the boards of health are prescribed in title seven of part three of this code.

History: Enacted March 12. 1872.

$705. BOARD OF AGRICULTURE. Those of the board of agriculture are prescribed in the special statute creating the board.

History: Enacted March 12, 1872.

§ 706. BOARD OF EQUALIZATION. Those of the board of equalization are prescribed in title nine of part three of this code.

History: Enacted March 12, 1872.

§ 707. REGENTS OF UNIVERSITY. Those of the regents of the University of California in chapter one of title three of part three [of this code]. History: Enacted March 12, 1872.

§708. STATE BOARD OF EDUCATION. Those of the state board of education are prescribed in chapter three of title three of part three of this code.

History: Enacted March 12, 1872.

§ 709. TRUSTEES OF NORMAL SCHOOL. Those of the trustees of the state normal school are prescribed in chapter two of title three of part three of this code.

History: Enacted March 12, 1872.

§ 710. OFFICERS OF LIBRARIES. Those of the trustees of the state library, state librarian, and librarian of the supreme court library, are prescribed in chapter three of title five of part three of this code.

History: Enacted March 12, 1872.

§ 711. DIRECTORS OF STATE PRISON. Those of the directors of the state prison are prescribed in part three of the Penal Code.

History: Enacted March 12, 1872.

§ 712. OFFICERS OF INSANE ASYLUM. Those of the directors and other officers of the insane asylum are prescribed in chapter one of title five of part three of this code.

History: Enacted March 12, 1872.

§ 713. TRUSTEES OF ASYLUM FOR DEAF, DUMB, AND BLIND. Those of the trustees of the asylum for the deaf, dumb, and blind, are prescribed in chapter two of title five of part three of this code.

History: Enacted March 12, 1872.

§ 714. TRUSTEES OF STATE BURYING-GROUNDS. Those of the trustees of the state burying-grounds are prescribed in title eight of part three

of this code.

History: Enacted March 12, 1872.

§ 715. YOSEMITE AND BIG TREE COMMISSIONERS. Those of the commissioners of the Yosemite Valley and the Mariposa Big Tree Grove are prescribed in title eight of part three of this code.

History: Enacted March 12, 1872.

§§ 726-737

(158) JUDICIAL OFFICERS- JUSTICES AND SALARIES.

[Pt. III.

CHAPTER IV.

JUDICIAL OFFICERS.

§ 726. Number, designation, and mode of election.

§ 726. NUMBER, DESIGNATION, AND MODE OF ELECTION. The number, designation, and mode of election of judicial officers are fixed in title one, part one, of the Code of Civil Procedure.

History: Enacted March 12, 1872.

As to designation of judicial officers, see KERR'S CYC. CODE CIV. PROC. § 33 and note.

As to election of judicial officers, justices of supreme court, see KERR'S CYC. CODE CIV. PROC. §§ 40-42 and notes.

As to election of judicial officers, judges of superior court, see KERR'S CYC. CODE CIV. PROC. §§ 65-71 and notes.

As to election of judicial officers, justices

of the peace, see KERR'S CYC. CODE CIV. PROC. 110 and note.

As to jurisdiction of different courts, in general, see Const. 1879 art. VI §§ 1-25; HENNING'S GENERAL LAWS, pp. 1xxviiilxxiv.

As to qualifications of judicial officers, in general, see KERR'S CYC. CODE CIV. PROC. §§ 156-159 and notes.

CHAPTER V.

SALARIES OF JUSTICES OF THE SUPREME COURT AND SUPERIOR JUDGES, AND OFFICERS CONNECTED WITH THE SUPREME COURT.

§ 736. Justices of supreme court and district § 738. courts of appeal, salaries of.

§ 737. Salaries of superior judges.

§ 739.

Same. [In other counties.]

Salaries of officers connected with the supreme court.

§ 736. JUSTICES OF SUPREME COURT AND DISTRICT COURTS OF APPEAL, SALARIES OF. The annual salary of each justice of the supreme court is eight thousand dollars; and the annual salary of each justice of the several district courts of appeal is seven thousand dollars.

History: Enacted March 12, 1872; amended March 18, 1905, Stats. and
Amdts. 1905, p. 224.

1. Applied, cited, construed, referred to.
2. Construction.

3. Salaries of justices of district court of appeal.

1.

APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in Harrison vs. Colgan (Cal. Oct. 9, 1905), 30 Cal. Dec. (Whiting) 425, 426, 427, 428, 431, 82 Pac. Rep. 674 (construed and applied).

2. CONSTRUCTION.-Above section must be held to be inoperative upon both justices of supreme court and of district courts of appeal during existing terms of such justices. It must be taken in connection with constitutional limitation of increasing salaries of justices during their term. So far as this section would appear to apply to existing terms and present incumbents,

it is unconstitutional and void, but remains in abeyance until beginning of next ensuing regular term of office of justices of supreme court.-Harrison vs. Colgan (Cal. Oct. 9, 1905), 30 Cal. Dec. (Whiting) 425, 428, 82 Pac. Rep. 674.

3. SALARIES OF JUSTICES OF DISTRICT COURT OF APPEAL must, until January, 1907, conform to that of justices of supreme court, and until that time shall be $6,000 a year. Harrison vs. Colgan (Cal. Oct. 9, 1905), 30 Cal. Dec. (Whiting) 425, 428, 82 Pac. Rep. 674.

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$737. SALARIES OF SUPERIOR JUDGES. The annual salaries of the judges of the superior courts of the city and county of San Francisco are six thousand dollars, of the counties of Alameda and Los Angeles five thousand dollars, San Joaquin, Santa Clara, Santa Cruz, San Mateo, Yuba, Sutter, Sacramento, Butte, Nevada, Sonoma, Colusa, Monterey, San Luis Obispo, Shasta, Siskiyou, Santa Barbara, San Diego, Marin, Mendocino, Tehama, San Bernar

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