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Nine-If, by the terms of any grant, gift, devise, or bequest, such as are described in the preceding sixth and seventh subdivisions, conditions are imposed which are impracticable under the provisions of the Civil Code, such grant, gift, devise, or bequest, shall not thereby fail, but such conditions shall be rejected, and the intent of the donor carried out as

as may be. [ Amendment approved 1874; Code Amdts. 1873-74, p. 31.]

Permanent endowment fund, consolidation of funds for, and use of income for current expenses: See Stats. 1877-78, p. 337.

University lands, selection and sale of: Post, $$ 3533–3556.

Subds. 1, 2. Proceeds of lands for seminary of learning and public buildings, disposition of: Post, $ 3535. Subd. 3. College of agriculture and mechanic arts:

1. Proceeds of sales of lands for: Post, $ 3533.

2. Interest on money from sale of lands inviolably appropriated for at least one: Const., art. IX, $ 9. Subd. 7. Regents to receive donations: See ante, $ 1432, subd. 5.

Legislation § 1415. 1. Enacted March 12, 1872; based on Stats. 1867–68, p. 256, 8 20. 2. Amended by Code Amdts. 1873–74, p. 31.

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ARTICLE III.

Regents of the University. § 1425. Control of university. § 1426. Sixteen regents appointed by the governor. $ 1427. Ex officio members. $ 1428. Vacancies. $ 1429. President of the board. § 1430. Quorum. $ 1431. Compensation of regents. § 1432. General powers and duties of regents. $ 1433. Income arising from endowment at disposition of regents. $ 1134. Fund to be set apart for current expenses. $ 1435. Funds may be drawn from state treasury. § 1436. Construction of buildings. $ 1437. Same. $ 1138. Same. $ 1439. Temporary buildings. § 1425. Control of university. The university is under the control of a board of regents, consisting of twenty-four members. [Amendment approved 1909; Stats. 1909, p. 981.)

Regents of university are civil executive officers: Ante, $ 313.

Legislation § 1425. 1. Enacted March 12, 1872; based on Stats 1867-68, p. 252, $ 11. 2. Amended by (oile Amts. 1873–74, p. 33. 3. By Stats. 1909, p. 981.

§ 1426. Sixteen regents appointed by the governor. Sixteen members of the board are appointed by the governor, with the advice and consent of the senate. Their term of office is sixteen years.

Legislation § 1426. Enacted March 12, 1872; based on Stats. 1867-68, P. 252, $ 11.

§ 1427. Ex officio members. Eight members of the board hold by virtue of other offices, as provided in section three hundred and fifty-three. [ Amendment approved 1909; Stats. 1909, p. 981.]

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Ex officio regents: Ante, ş 353.

Legislation § 1427. 1. Enacted March 12, 1872;. based on Stats. 1867-68, p. 252, § 11. 2. Amended by Stats. 1909, p. 984.

$ 1428. Vacancies. Whenever a vacancy occurs in the board the gov. ernor must appoint some person to fill it, and the person so appointed bolds for the remainder of the term.

Legislation § 1428. Enacted March 12, 1872; based on Stats. 1867-68, P. 252, § 11.

$ 1429. President of the board. The governor is president of the board.

Legislation § 1429. Enacted March 12, 1872; based on Stats. 1867-68, p. 252, § 11. § 1430. Quorum. Seven members constitute a quorum of the board.

Legislation § 1430. Enacted March 12, 1872. $ 1431. Compensation of regents. Members shall receive no peosation for their services, but shall be entitled to receive their actual and necessary expenses incurred while traveling on the business of the board which shall be payable from the state university fund, upon the order of the board, in the manner provided by law, for the payment of other claims and demands against said fund. [Amendment approved 1915; Stats. 1915, p. 46.).

Legislation § 1431. 1. Enacted March 12, 1872. 2. Amended by Stats. 1915, p. 46. § 1432. General powers and duties of regents. The powers and duties of the board of regents are as follows:

One-To meet at such times and places as their rules may prescribe, 07 at the call of the president of the board.

Two-To control and manage the university and its property.

Three-To prescribe rules for their own government and for the government of the university.

Four-To adopt and prescribe rules for the government and discipline of the cadets.

Five-To receive, in the name of the state, or of the board of regents, is the case may be, all property donated to the university.

Six-To choose a president of the university, the professors, and other officers and employees of the university, prescribe their duties, fix and provide for the payment of their salaries.

Seren-To fix the qualifications for admission to the benefits of the university

Eight-To fix the admission fee and rates of tuition. Nine-To appoint a secretary and treasurer, preseribe their duties, and fix and provide for the payment of their compensation.

Ten-To remove, at pleasure, any officer, professor, or employee of the Inirersity.

Eleven-To supervise the general courses of instruction, and, on the recommendation of the several faculties, prescribe the authorities and text-books to be used in the several colleges.

Twelve-To confer such degrees, and grant such diplomas, as are usual is aniversities, or as they deem appropriate.

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Thirteen-To establish and maintain a museum.
Fourteen-To establish and maintain a library.

Fifteen.—To take immediate measures for the permanent improvement and planting of the university grounds.

Sixteen-To keep a record of all their proceedings.

Seventeen-Through the president of the university, to report to the governor the progress, condition, and wants of each of the colleges embraced in the university, the course of study in each, the number of professors and students, the amount of receipts and disbursements, together with the nature, cost, and results of all important investigations and experiments, and such other information as they may deem important. (Amendment approved 1874; Code Amdts. 1873–74, p. 33.]

Subd. 3. Government of the university. Sale of intoxicating liquors within two miles of the university prohibited: Stats. 1873–74, p. 12. Superseded by Pen. Code, § 172.

Subd. 5. Regents authorized to receive gifts: See ante, $ 1415.
Subd. 8. Fees and tuition of students: See ante, $$ 1393, 1394, 1395.

Legislation § 1432. 1. Enacted March 12, 1872; based Stats. 1867–68, p. 253, $$ 12, 13. 2. Amended by Code Amdts. 1873–74, p. 33.

§ 1433. Income arising from endowment at disposition of regents. The entire income arising from the endowment is subject to the trusts at the disposition of the board of regents for the support of the university.

Consolidated perpetual endowment fund: Stats. 1877-78, p. 337.

Legislation § 1433. Enacted March 12, 1872; based on Stats. 1867–68, p. 256, $ 20.

§ 1434. Fund to be set apart for current expenses. For the current expenditures of the university specific sums of money must be set aside, out of the funds at their disposal, by the board of regents, which are subject to the warrants of the president of the board, drawn upon the treasurer of the university in pursuance of the orders of the board of regents.

Current expenses. Income of consolidated perpetual endowment fund to be used for: Stats. 1877–78, p. 337.

Legislation § 1434. Enacted March 12, 1872; based on Stats 1867–68, p. 257, $ 21.

§ 1435. Funds may be drawn from state treasury. All moneys which may at any time be in the state treasury, subject to the use of the board of regents, may be drawn therefrom by the president of the board, upon the order of the board, in favor of the treasurer of the university. [Amendment approved 1874; Code Amdts. 1873-74, p. 35.]

Legislation § 1435. 1. Enacted March 12, 1872; based Stats. 1867-68, p. 257, § 21. 2. Amended by Code Amdts. 1873–74, p. 35.

§ 1436. Construction of buildings. The regents must cause to be constructed such buildings as are needed for the use of the university.

Legislation § 1436. Enacted March 12, 1872; based on Stats. 1867–68, P. 258, $ 25.

§ 1437. Same. The plan adopted in the construction of buildings must provide separate buildings for separate uses, and so group all such build

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ings that a central building may bring the whole in harmony as part of one design.

Legislation § 1437. Enacted March 12, 1872; based on Stats. 1867–68, p. 258, § 25.

$ 1438. Same. The construction and furnishing of the buildings must be let out to the lowest responsible bidder, after advertisement for not less than ten days in at least two daily newspapers published in the city of San Francisco; but the regents may reject any bid, and advertise

anew.

Legislation & 1438. Enacted March 12, 1872; based on Stats. 1867–68, p. 258, $ 25.

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$ 1439. Temporary buildings. Until the university buildings are ready for use the regents may make temporary arrangements for buildings at Vakland.

Legislation & 1439. Enacted March 12, 1872; based on Stats. 1867–68,
p. 258, $ 23.

ARTICLE IV.
Secretary of the Board of Regents.
$ 1449. Qualifications and choice of secretary.
$ 1450. Residence and duties of secretary.

$ 1451. Term and compensation. $ 1449. Qualifications and choice of secretary. A practical agriulturist, competent to superintend the working of the agricultural farm and to discharge the duties of secretary of the board of regents, must be chosen by the board as their secretary.

Legislation § 1449. Enacted March 12, 1872; based on Stats. 1867–68,
p. 254, § 15.
$ 1450. Residence and duties of secretary. The secretary must:
1. Reside and keep his office at the seat of the university;

2. Keep a record of the transactions of the board of regents, which must be open at all times to the inspection of any citizen of this state; 3. Have the custody of all books, papers, documents, and other property which may be deposited in his office;

4. Keep and file all reports and communications which may be made
to the university appertaining to education, science, art, husbandry,
mechanics, or miping;

3. Address circulars to societies and others, soliciting information upon
the latest and best modes of culture of the products adapted to the soil
and climate of the state, and on all subjects connected with field-culture,
borticulture, stock-raising, and the dairy;
6. Correspond with established schools of mining and metallurgy in
Europe, and obtain information respecting the improvements of mining
nachinery adapted to California;
1. Correspond with the patent-office at Washington, and with the repre-
sentatives of the government of the United States abroad, to procure
contributions to agriculture from these sources; receive and distribute
Seeds, plants, shrubbery, and trees adapted to our climate and soils, for
the purposes of experiment;

8. Ohtain contributions to the museum and the library of the uni

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versity;

9. Keep a correct account of all the executive acts of the president of the university;

10. Keep an accurate account of all moneys received into the treasury or paid therefrom;

11. Distribute the seeds, plants, trees, and shrubbery received by him, and not needed by the university, equally throughouť the state, to farmers and others who will agree to cultivate them properly and return to the secretary's office a reasonable proportion of the products thereof, with a statement of the mode of cultivation, and such other information as may be necessary to ascertain their value for cultivation in the state;

12. Publish from time to time in the newspapers of the state, free of charge, information relating to agriculture, the mechanic arts, mining, and metallurgy.

Legislation § 1450. Enacted March 12, 1872; based on Stats. 1867–68, p. 254, $$ 15-17.

§ 1451. Term and compensation. The secretary holds office at the pleasure of and receives the compensation fixed by the board.

Legislation § 1451. Enacted March 12, 1872; based on Stats. 1867-68, p. 254, § 15.

ARTICLE V.
Academic Senate of the University.

8 1461. Academic senate.
§ 1462. General powers of.

§ 1463. Proceedings of. § 1461. Academic senate. The academic senate is composed of the faculties and instructors of the university.

Legislation & 1461. Enacted March 12, 1872; based on Stats. 1867-68, p. 255, $ 18.

§ 1462. General powers of. The senate must conduct the general administration of the university, regulate the general and special courses of instruction, receive and determine all appeals from acts of discipline enforced by the faculty of any college, and exercise such other powers as the board of regents may confer upon it.

Legislation § 1462. Enacted March 12, 1872; based on Stats. 1867-68, P. 255, § 19.

§ 1463. Proceedings of. Its proceedings must be conducted according to rules of order adopted by it, and every person engaged in instruction in the university may participate in its discussions; but the right of voting is confined to the president and the professors,

Legislation § 1463. Enacted March 12, 1872; based on Stats. 1867-68, P. 255, $ 18.

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