370. The Private Secretary and Executive Clerk of the Governor are appointed by him, and hold their offices at his pleasure.

371. All deputies and clerks named in this Article, whose appointments and terms of office are not otherwise provided for, are appointed by and hold office at the pleasure of their principals.

ARTICLE III.

OF THE GOVERNOR.

$ 380.

Powers and duties of Governor.

$381. To transmit list of appointments to Legislature.

$ 382.

Records in office of.

$ 385.

Salary of Private Secretary.

$386. Salary of Executive Secretary.

380. In addition to those prescribed by the Constitution, the Governor has the power and must perform the duties prescribed in this and the following sections:

1. He is to supervise the official conduct of all executive and ministerial officers.

2. He is to see that all offices are filled and the duties thereof performed, or, in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the Legislature therewith at its next session.

3. He is to make the appointments and supply the vacancies mentioned in this Code.

4. He is the sole official organ of communication between the Government of this State and the Government of any other State or of the United States.

5. Whenever any suit or legal proceeding is pending against this State, or which may effect the title of this State to any property, or which may result in any claim against the State, he may direct the Attorney-General to appear on behalf of the State, and may employ such additional "counsel as he may judge expedient.

6. He may require the Attorney-General or District Attorney of any county to inquire into the affairs or management of any corporation exis. ing under the laws of this State.

7. He may require the Attorney-General to aid any District Attorney in the discharge of his duties.

8. He may offer rewards not exceeding one thousand dollars each, payable out of the General Fund, for the apprehension of any convict who has escaped from the State Prison, or

of any person who has committed or is charged with the commission of an offense punishable with death.

9. He must perform such duties respecting fugitives from justice as are prescribed by Chapter IV, of Title XII, of THE PENAL CODE.

10. He must issue and transmit election proclamations, as prescribed in Title II, of Part III, of this Code.

11. He must issue land warrants and patents, as prescribed in Title VIII, of Part III, of this Code.

12. He must, on or before the first day of September, in the year eighteen hundred and seventy-three, and in each second year thereafter, deliver to the State Printer for publication all biennial reports of officers and Boards for the two preceding years.

13. He may require any officer or Board to make special reports to him, upon demand, in writing.

14. He may issue arms and accouterments for the use of colleges.

15. He must discharge the duties of member of the Board of Examiners, of member of the State Board of Education, of State Prison Director, of State Capitol Commissioner, of Orphan Asylum Commissioner, of Trustee of State Normal School, and of the Board of Military Auditors.

16. He has such other powers and must perform such other duties as are devolved upon him by this Code or any other law of this State.

Origin of article--see Stats. 1850, p. 46; 1852, p. 38; 1853, p. 44; 1857, 149: 1855, p. 22: 1860. p. 93; 1861, p. 183; 1862, p. 448; 1863, pp. 150, 647; 1868, pp. 336, 508, 522, 606; 1870, pp. 329, 331, 334, 339, 451, 516, 663, 668, 714.

Prescribed by the Constitution--Powers and duties of Governor, see Const. Cal., art. 5, $$ 1, 5, 6-11, 13, 14, 20. Executive powers, see Desty's Const. Cal. 271. Pardoning power, Const. Cal., art. 7, § 1, and Desty's Const. Cal. 298, 299.

Further duties of Governor-see $$ 381, 382, and Stats. 1872, passim, so far as unchanged by any later enactments.

SUBDIVISION 3. Power to fill vacancies-Const. Cal., art. 5, § 8, and see Desty's Const. Cal. 272, 273. Vacancy, what constitutes, $ 996; mode of supplying, $$ 997-1004. Illegal exercise of, 28 Cal. 382; 30 Cal. 160; 37 Cal. 614, 639; 49 Cal. 407.

SUBDIVISION 8. Provision-for deficiency in appropriation for payment of rewards, Stats. 1881, p. 49.

SUBDIVISION 9. Fugitives from justice-Penal Code, §§ 1547-1558. SUBDIVISION 10. Election proclamations-§§ 1053, 1054. SUBDIVISION 11. Public lands-§§ 3395-3574.

381. Within ten days after the meeting of the Legislature, the Governor must transmit to it a list of all appointments made by him under the provisions of Section 1000.

Appointments to fill vacancies-occurring during recess of Legislature, § 1000.

POL. CODE-7.

382. The Governor must cause to be kept the following

records:

1. A register of all applications for pardon or for commutation of any sentence, with a list of the official signatures and recommendations in favor of each application;

2. A register of statements in capital cases made to him, with his action thereon;

3. An account of all his official expenses and disbursements, including the incidental expenses of his department, and of all rewards offered by him for the apprehension of criminals and persons charged with crime;

4. A register of all appointments made by him, with date of commission, names of appointee and predecessor;

5. A record of all persons confined in the State Prison, showing the name of the convict, his age and general appearance, when and where convicted, and of what crime, the time of his sentence, and when such time expires.

383. Every provision in the laws of this State in relation to the powers and duties of the Governor, and in relation to acts and duties to be performed by others toward him, extends to the persons performing for the time being the duties of Governor.*

Governor pro tempore-see Const. Cal., art. 5, §§ 15, 16.

384. The annual salary of the Governor, to include all services rendered ex officio as member of any Board or Commission as now required, or which may be by law hereafter devolved upon him, six thousand dollars. [Approved April 23; in effect July 1, 1880.]

Compensation of Governor-and other State officers, fixed by Const. Cal. 1879, art. 5, § 19; amdt. 1880 conforms to such provision.

385. The annual salary of the Private Secretary of the Governor, and ex officio as Clerk of the Board of Examiners, is three thousand dollars. [Approved April 23, in effect July 1, 1880.]

386. The annual salary of the Executive Secretary of the Governor is two thousand dollars. [Approved April 23, in effect July 1, 1880.]

ARTICLE IV.

LIEUTENANT GOVERNOR.

$396. Duties of.

$397. Compensation of.

396. The duties of the Lieutenant-Governor are prescribed by the Constitution. [Approved April 23; in effect July 1, 1880.]

Prescribed by the Constitution-duties of Lieutenant-Governor, Const. Cal., art. 5, §§ 15, 16.

Lieutenant-Governor-generally; see same sections of Constitution. Liability to impeachment, Const. Cal., art. 4, § 18. As Governor's successor, $ 383.

397. 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. [Approved April 23; in effect July 1, 1880.] Lieutenant-Governor's compensation-fixed by amdt. 1880, pursuant to Const. Cal. 1879, art. 5, § 19.

ARTICLE V.

OF THE SECRETARY OF STATE.

$407. Custody of records.

$408. Duties of Secretary of State.

$409. Distribution of statutes and journals.
$410. Distribution of reports of Supreme Court.
411. To mark books distributed.

$412. To superintend and take charge of Capito!.
$413. To furnish fuel and stationery,

$414. Expenses for fuel, etc., how paid.

$415. Translation of laws into Spanish, etc.

$416. Fees.

$ 417. Salary of Secretary.

$ 418. Salary of Deputy.

$419. Salary of Clerk.

$420. Salary of Recording Clerks.

$421. Salary of General Clerk.

$422. Salary of Special Clerks.

$423. Official bond.

407. 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. General basis of article-Stats. 1854, pp. 117, 118, 177;

p.

1863, p. 703,; 1866, p. 103, 156, 270; 1868, pp. 447, 448, 660; 1870, 77. 379,517.413;

Secretary of State-has custody of official records; see Const. Cal., art. 5, $19. Subject to impeachment, Const. Cal., art. 4, § 18. Grants and commissions countersigned by, Const. Cal., art. 5, § 14. Revision of Constitution, assistant in canvassing returns on, Const. Cal., art. 18, $2. Mode of election and term of office, § 348.

408. In addition to the duties prescribed by the Constitution, it is the duty of the Secretary of State:

First-To attend at every session of the Legislature, for the purpose of receiving bills and resolutions thereof, and to per-, form such other duties as may be devolved upon him by resolution of the two Houses, or either of them.

Second-To keep a register of, and attest the official acts of, the Governor.

Third-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.

Fourth-To record in proper books all conveyances made to the State, and all articles of incorporation filed in his office. Fifth-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 originals to the State Treasurer.

Sixth-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.

Seventh-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.

Eighth-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.

Ninth-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.

Tenth-To deliver to the State Printer, 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.

Eleventh-To notify, in writing, the District Attorney of the proper county of the failure of any officer in his county to file in his office the sworn statement of fees received by such officer.

Twelfth-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.

Thirteenth-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 payor, paid or not paid, and the nature of the service in each case, which book must be verified annually by his affidavit entered therein.