$396. Duties of. ARTICLE IV. LIEUTENANT-GOVERNOR. § 397. Per diem, etc., of lieutenant-governor. $396. DUTIES OF. The duties of the lieutenant-governor are prescribed by the constitution. History: Enacted March 12, 1872; amended April 23, 1880, Code Amdts. 1880 (Pol. pt.), p. 88. § 397. PER DIEM, ETC., OF LIEUTENANT-GOVERNOR. 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. History: Enacted March 12, 1872; amended April 1, 1878, Code Amdts. 1877-8, p. 3; April 23, 1880, Code Amdts. 1880 (Pol. pt.), p. 88. § 407. CUSTODY OF RECORDS. 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. History: Enacted March 12, 1872. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Oakland P. Co. vs. Hilton, 69 Cal. 479, 495, 11 Pac. Rep. 3 (construed with § 261 ante). § 408. DUTIES OF SECRETARY OF STATE. In addition to the duties prescribed by the constitution, it is the duty of the secretary of state: 1. 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; 2. To keep a register of, and attest the official acts of, the governor; 3. To affix the great seal, with his attestation, to commissions, pardons, and other public instruments, to which the official signature of the governor is required; Pol. C § 409 (82) SECRETARY OF STATE-DISTRIBUTION OF STATUTES. [Pt. III. 4. To record in proper books all conveyances made to the state (except conveyances made under the revenue law of lands sold for taxes), and all articles of incorporation filed in his office; 5. To receive and record in proper books the official bonds of all the officers whose bonds are fixed by part three of this code, and then to deliver the original to the state treasurer; 6. 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; 7. 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; 8. 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; 9. To furnish, on demand, to any person paying the fees therefor, a certified copy of all or any part of any law, record, or other instrument filed, deposited, or recorded in his office; 10. To deliver to the superintendent of state printing, 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; 11. 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; 12. 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 payer, paid or not paid, and the nature of the service in each case, which book must be verified annually by his affidavit entered therein; 13. To file in his office descriptions of seals in use by the different state officers and furnish such officers with new seals whenever required; 14. 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; 15. To report to the governor at the time prescribed in section three hundred and thirty-two, a detailed account of all of 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. History: Enacted March 12, 1872; amended April 23, 1880, Code Amdts. 1880 (Pol. pt.), p. 85; February 28, 1903, Stats. and Amdts. 1903, p. 58. $409. DISTRIBUTION OF STATUTES AND JOURNALS. Immediately after the laws, resolutions, and journals mentioned in subdivision tenth 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 and superior courts of this state, 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 direction of the clerks, one copy for the board of supervisors, one copy to each county officer, and each justice of the peace and police judge; and of the journals, three copies of each house to each county clerk, for the use of the county. History: Enacted March 12, 1872; amended February 28, 1903, Stats. and Amdts. 1903, p. 60. § 410. DISTRIBUTION OF REPORTS OF SUPREME COURT. 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 and superior judges of this state, and to the judges of the police court of San Francisco, one copy; 4. To each district attorney and county clerk, one copy; 5. To the reporter of the decisions, ten copies. History: Enacted March 12, 1872; amended February 28, 1903, Stats. and Amdts. 1903, p. 60. § 411. TO MARK BOOKS DISTRIBUTED. 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. History: Enacted March 12, 1872. § 412. TO SUPERINTEND AND TAKE CHARGE OF CAPITOL. 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. History: Enacted March 12, 1872. § 413. TO FURNISH FUEL AND STATIONERY. 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. History: Enacted March 12, 1872. §8 414-416 (84) SECRETARY AND ASSISTANT-FEES, DISPOSITION OF. [Pt. III. § 414. EXPENSES FOR FUEL, ETC., HOW PAID. 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. History: Enacted March 12, 1872. § 415. OFFICERS TO ASSIST SECRETARY OF STATE. The secretary of state, to assist him in the discharge of the duties of his office, may appoint the following executive officers and no other: One deputy secretary of state, a keeper of the archives, a bookkeeper, five recording clerks, one statistician, one janitor, one janitor's clerk, two engineers, one of whom shall serve only during the sessions of the legislature, two firemen, one of whom shall serve only during the sessions of the legislature, four porters for the capitol building, one porter for office of secretary of state, three watchmen, two elevator attendants, one of whom shall serve only during the sessions of the legislature; also two special clerks in each legislative year, to serve from January first to April first. History: Original section relating to translation of laws into Spanish, etc., enacted March 12, 1872; repealed March 9, 1897, Stats. and Amdts. 1897, p. 99; present section enacted February 28, 1903, Stats. and Amdts. 1903, pp. 60, 61. § 416. FEES, SECRETARY OF STATE. EXCEPTIONS. DISPOSITION OF FEES. 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 comparing a copy of any law, resolution, record, or other document or paper with the original, or the certified copy of the original, on file in his office, five cents per folio. 3. For affixing certificate and seal of state, unless otherwise provided for, two dollars. 4. For filing articles of incorporation, if the capital stock amounts to twenty-five thousand dollars or less, fifteen dollars; if the capital stock amounts to over twenty-five thousand dollars, and not over seventy-five thousand dollars, twenty-five dollars; if the capital stock amounts to over seventyfive thousand dollars, and not over two hundred thousand dollars, fifty dollars; if the capital stock amounts to over two hundred thousand dollars, and not over five hundred thousand dollars, seventy-five dollars; if the capital stock is over five hundred thousand dollars, and not over one million dollars, one hundred dollars; if the capital stock is over one million dollars, fifty dollars additional for every five hundred thousand dollars or fraction thereof of capital stock over and above one million dollars; for filing articles of incorporation without capital stock, except co-operative associations, five dollars; for filing articles of incorporation of co-operative associations, formed under the act of eighteen hundred and ninety-five, and acts supplementary thereto or amendatory thereof, fifteen dollars. 5. For recording articles of incorporation, twenty cents per folio. 6. For issuing certificate of incorporation, three dollars. 7. For filing certificate of increase of capital stock, five dollars for every fifty thousand dollars or fraction thereof of such increase. 8. For filing certificate of decrease of capital stock, five dollars. 9. For filing notice of removal of principal place of business, five dollars. 10. For filing amended articles of incorporation, unless otherwise provided for, five dollars. 11. For filing certificate of creation of bonded indebtedness, or increase or decrease thereof, five dollars. 12. For issuing certificate of increase or decrease of capital stock, three dollars. 13. For filing certificate on continuance of existence, five dollars. 14. For issuing certificate of continuance of existence, three dollars. 15. For filing claim to trademark, and issuing certificate of filing, five dollars. 16. For issuing certificate of filing of any document, not otherwise provided for, three dollars. 17. For filing certificate of increase or decrease of number of directors, five dollars. 18. For issuing certificate of increase or decrease of number of directors, three dollars. 19. For receiving and recording each official bond, five dollars. 20. For filing notice of appointment of agent, five dollars. 21. For each commission, passport, or other document signed by the governor and attested by the secretary of state (pardons, military commissions, and extradition papers excepted), five dollars. 22. 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. 23. For issuing certificate of official character, two dollars. 24. For recording miscellaneous documents or papers, twenty cents per folio. 25. For filing certified copy of order and decree of court, changing name, five dollars. No member of the legislature or state officer shall be charged for any search relative to matters appertaining to the duties of their office; nor shall 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 the secretary of state must, at the end of each month, be paid into the state treasury. Three thousand dollars of such monthly returns shall be credited to and constitute the state library fund, and the balance shall be paid into the general fund of the state. History: Enacted March 7, 1881, Stats. and Amdts. 1881, pp. 65, 66; $ 417. SALARY OF SECRETARY OF STATE. The annual salary of the secretary of state, to include all services rendered ex officio as member of any |