§ 470. General duties. It is the duty of the attorney-general:

1. To attend the supreme court and prosecute or defend all causes to which the state, or any officer thereof, in his official capacity is a party; and all causes to which any county may be a party, unless the interest of the county is adverse to the state, or some officer thereof acting in his official capacity;

2. After judgment in any of the causes referred to in the preceding section, [subdivision,] to direct the issuing of such process as may be necessary to carry the same into execution;

3. To account for and pay over to the proper officer all moneys which may come into his possession belonging to the state or to any county; 4. To keep a docket of all causes in which he is required to appear, which must during business hours be open to the inspection of the public, and must show the county, district, and court in which the causes have been instituted and tried, and whether they are civil or criminal; if civil, the nature of the demand, the stage of the proceedings, and when prosecuted to judgment, memorandum of the judgment; of any process issued thereon, and whether satisfied or not; if not satisfied, the return of the sheriff; and if criminal, the nature of the crime, the mode of prosecution, the stage of the proceedings, and when prosecuted to sentence, a memorandum of the sentence and of the excution thereof, if the same has been executed, and if not executed, of the reasons of the delay or prevention;

5. To exercise supervisory powers over district attorneys in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business intrusted to their charge;

6. To give his opinion in writing, without fee, to the legislature or either house thereof, and to the governor, the secretary of state, controller, treasurer, surveyor-general, superintendent of public instruction, the trustees or commissioners of state institutions, and any district attorney when required, upon any question of law relating to their respective offices;

7. When required by the public service, or directed by the governor, to repair to any county in the state and assist the district attorney thereof in the discharge of his duties;

8. To bid upon and purchase, in the name of the state and under the. direction of the board of examiners, any property offered for sale under execution issued upon judgments in favor of or for the use of the state, and to enter satisfaction in whole or in part, of such judgments as the consideration for such purchases;

9. Whenever the property of a judgment debtor in any judgment mentioned in the preceding subdivision has been sold under a prior judg ment, or is subject to any judgment, lien, or encumbrance taking precedence of the judgment in favor of the state, under the direction of the board of examiners, to redeem such property from such prior judgment, lien, or encumbrance; and all sums of money necessary for such redemption must, upon the order of the board of examiners, be paid out of any money appropriated for such purpose;

10. When in his opinion it may be necessary for the collection or enforcement of any judgment herein before mentioned, to institute and prosecute, in behalf of the state, such suits or other proceedings as he

may find necessary to set aside and annul all conveyances fraudulently made by such judgment debtors, the cost necessary to the prosecution must, when allowed by the board of examiners, be paid out of any ap propriations for the prosecution of delinquents;

11. To discharge the duties of a member of the board of examiners, of the board of military auditors, and other duties prescribed by law; 12. To report to the governor, at the time required by section three hundred and thirty-two of this code, the condition of the affairs of his department, and to accompany the same with a copy of his docket, and of the reports received by him from district attorneys. [Amendment approved 1901; Stats. 1901, p. 45.]

Attorney-general:

1. Land titles, to attend contests to quiet: Post, § 3411.

2. Impeachment, subject to: Const., art. IV, § 18.

3. Mode and time of election, and term of office: Const., art. V, §17; ante, § 348.

Legislation § 470. 1. Enacted March 12, 1872. See ante, tit. "Code commissioners' note to Article VIII." 2. Amended by Stats. 1901,

p. 45.

§ 471. Salary. The annual salary of the attorney-general, to include all services rendered ex officio as member of any board or commission as now required, or which may be hereafter devolved upon him by law, is six thousand dollars. [Amendment approved 1909; Stats. 1909, p. 781.] Salary of attorney-general: See Const., art. V, § 19.

Le-islation § 471. 1. Enacted March 12, 1872. See ante. tit. "Code commissioners' note to Article VIII." 2. Amended by Code Amdts. 1877-78, p. 4. 3. By Code Amdts. 1880, p. 87. 4. By Stats. 1909, P. 781.

§ 472. Appointees of attorney-general. To have charge of state's legal matters. The attorney-general may appoint one assistant, one chief deputy and six additional deputies, who shall be civil executive officers. The annual salary of the assistant shall be four thousand dollars; the annual salary of the chief deputy shall be four thousand dollars; the annual salary of two of such additional deputies shall be thirty-three hurdred dollars each, and the annual salary of four of such additional deputies shall be three thousand dollars each. Said salaries shall be paid at the time and in the same manner as the salaries of other state officers. The attorney-general shall not employ special counsel in any ease except those provided in section 474 of the Political Code. The attorney general shall have charge, as attorney, of all legal matters in which the state is in any wise interested, except the business of the regents of the University of California and of the state harbor commissioners, and such other boards or officers as are now by law authorized to employ attorneys, and no board, officer or officers, or employee of the state, except said regents and said harbor commissioners and such other boards and officers as are now by law authorized to employ attorneys, shall employ any attorney other than the attorney general, or one of his assistants or deputies, in any matter in which the state is interested; Lor shall any money be drawn out of the treasury, or out of any moneys

appropriated out of the treasury, or out of any special or contingent fund under the control of any board, officer or officers, or employee for the pay of any legal services rendered after the passage of this act, the provisions of any existing statute to the contrary notwithstanding, excepting as above provided; provided, that whenever a district attorney in any county of this state shall, for any reason, become disqualified from conducting any criminal prosecution within such county, the attorney general may employ special counsel to conduct such prosecution, and the attorney's fee in such case shall be a legal charge against the state; provided, further, that nothing herein contained shall be construed to prevent or deny the right of any board, officer, or officers or employee of the state to employ or engage counsel in any matter of the state, after first having obtained the written consent so to do of the attorney general. [Amendment approved 1913; Stats. 1913, p. 945.]

Appointees of attorney-general as civil executive officers: See post, § 475.

Legislation § 472. 1. Enacted March 12, 1872. See ante, tit. "Code commissioners' note to Article VIII." 2. Amended by Code Amdts. 1877-78, p. 4. 3. By Code Amdts. 1880, p. 87. 4. By Stats. 1891, p. 135. 5. By Stats. 1895, p. 66. 6. By Stats. 1907, p. 89. 7. By Stats. 1909, p. 751. 8. By Stats. 1911, p. 587. 9. By Stats. 1913, p. 945.

§ 473. Official bond. The attorney-general must execute an official bond in the sum of ten thousand dollars.

Official bonds: Post, §§ 947 et seq.

Legislation § 473. Enacted March 12, 1872. See ante, tit. "Code commissioners' note to Article VIII."

§ 474. Escheated property. It shall be the duty of the attorney-general to institute investigation for the discovery of all real and personal property which may have or should escheat to the state, and for that purpose shall have full power and authority to cite any and all persons before any of the superior courts of this state to answer investigations and render accounts concerning said property, real or personal, and to examine all books and papers of any and all corporations. When any real or personal property shall be discovered, which should escheat to the state, the attorney-general must institute suit in the superior court of the county where said property shall be situated, for the recovery, to escheat the same to the state. The proceedings in all such actions shall be those provided for in title eight, part three, Code of Civil Procedure. The attorney-general may, for the purposes and objects of this section, employ counsel to act in his place and stead for the discovery and recovery of both personal and real property, and in such proceedings, both in investigation for discovery or proceedings for recovery, such counsel so employed shall have the power and authority of the attorney-general. The compensation for services of such counsel shall be determined by the board of examiners, and paid out of the sums so found to be escheated and recovered to the state, and not otherwise; provided, that the state of California shall in no case be responsible for any charges for attorney fees for suits prosecuted under this act, but the attorney-general is hereby authorized to pay to the person or persons discovering the same the costs and charges of prosecuting any suit or suits under this act, a sum not in any case exceeding ten per cent of the sums actually re

ceived as provided in this act. 1880, p. 18.]

[Amendment approved 1880; Code Amdts.

Escheated estates: See ante, § 41.

Legislation § 474.

1. Added by Code Amdts. 1875-76, p. 15. 2. Amended by Code Amdts. 1880, p. 18.

§ 475. Clerks, etc., of attorney general. The attorney general may appoint two clerks, one phonographic reporter, one service agent, and five stenographers for his office. The annual salary of each of said elerks and of the phonographic reporter and of the service agent shall be eighteen hundred dollars; the annual salary of each of said stenographers shall be twelve hundred dollars. Said salaries shall be paid at the same time and in the same manner as the salaries of state officers are paid. The clerks, the phonographic reporter, the service agent, and the stenographers shall be civil executive officers. The service agent and two of said stenographers, to be designated by the attorney general, shall be exempted from the provisions of the civil service act and shall hold their positions during the pleasure of the attorney general. [Amendment approved 1915; Stats. 1915, p. 1166.]

Appointees of attorney general as civil executive officers: See ante, $472.

Legislation § 475. 1. Added by Stats. 1889, p. 219. 2. Amended by Stats. 1891, p. 181. 3. By Stats. 1895, p. 65. 4. By Stats. 1903, p. 107. 5. By Stats. 1907, p. 90. 6. By Stats. 1909, p. 752. 7. By Stats. 1911, p. 588. 8. By Stats. 1913, p. 946. 9. By Stats. 1915, p. 1166.

Code commissioners' note to Article IX. "This afticle is founded upon the following statutes: Stats. 1850, pp. 256, 357; Stats. 1863, p. 175; Stats. 1869-70, p. 330."

§ 483. General duties. It is the duty of the surveyor-general:

1. To discharge the duties relating to the public lands imposed upon him by title eight, of part three, of this code;

2. When required, to survey and mark the boundary lines of counties, rities, villages, and towns;

3. To report to the governor at the time prescribed in section three hundred and thirty-two of this code: 1. A statement of the progress made in the execution of the surveys enjoined on him by law; 2. An estimate of the aggregate quantity of land belonging to the state, and the best information he may be able to obtain as to the characteristics of the same; 3. An estimate of the aggregate quantity of all land used for or adapted to tillage and grazing within each county of the state; 4. An estimate of the number of horses, cattle, sheep, and swine within each county of the state; 5. An estimate of the quantity of wheat, rye, corn, potatoes, grapes, and other agricultural and horticultural produc

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tions of the two preceding years, together with his views as to the presence, cause, and remedy of any diseases or other malady preventing full and perfect productions; 6. An estimate of the quantity of all mineral lands within each county of the state, and the quantity and value of each mineral produced during the two preceding years, together with a description of the localities in which such minerals may be found; 7. All facts in his opinion calculated to promote the development of the resources of the state;

4. To require county surveyors and assessors to collect and transmit to him, at such times as he may direct, information relative to the subject matter of his biennial reports;

5. To authenticate with his official seal all writings and papers issued from his office;

6. To perform such other duties as may be required of him by law.

Surveyor-general:

1. Legislature may abolish office: Const., art. V, § 19.

2. Impeachable: Const., art. IV, § 18.

3. Election: See ante, § 348.

Subd. 1. Public lands: Post, §§ 3395-3574.

Subd. 2. Survey of boundary line between Siskiyou and Lassen counties: See Stats. 1871-72, p. 886.

Legislation § 483. Enacted March 12, 1872. See ante, tit. "Code commissioners' note to Article IX."

§ 484. Salary. The annual salary of the surveyor-general, for all services rendered in any capacity whatsoever, is five thousand dollars. [Amendment approved 1909; Stats. 1909, p. 585.]

Section conforms to constitution: Const., art. V, § 19.

Legislation § 484. 1. Enacted March 12, 1872. See ante, tit. "Code commissioners' note to Article IX." 2. Amended by Code Amdts. 1877-78, p. 5. 3. By Code Amdts. 1880, p. 87. 4. By Stats. 1909, p. 585.

§ 485. Appointments of surveyor-general. The surveyor-general may appoint a deputy surveyor-general, who shall be ex officio deputy reg ister of the state land office, and one assistant surveyor-general, who shall be ex officio assistant register of the state land office, and three clerks, all of whom shall be civil executive officers. The annual salary of the deputy surveyor-general including his services as ex officio deputy reg ister of the state land office is three thousand dollars. The annual salary of the assistant surveyor-general, including his services as ex officio assistant register of the state land office, is two thousand two hundred and fifty dollars. The annual salary of each clerk to the surveyor-general is eighteen hundred dollars. The said salaries shall be paid in the same manner and at the same time as the salaries of other state officers. [Amendment approved 1911; Stats. 1911, p. 426.]

Legislation § 485. 1. Enacted March 12, 1872. See ante, tit. "Code commissioners' note to Article IX." 2. Amended by Code Amdts. 187778, p. 5. 3. By Stats. 1903, p. 415. 4. By Stats. 1905, p. 784. 5. By Stats. 1909, p. 585. 6. By Stats. 1911, p. 426.

§ 486. Salary of clerks. The annual salary of each clerk in the office of the surveyor-general is sixteen hundred dollars. [Amendment approved 1880; Code Amdts. 1880, p. 87.]