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Prescribed by the constitution:

1. Powers and duties of governor: See Const., art. V, $$ 1, 5, 6-11, 13, 14, 20,

2. Pardoning power: Const., art. VII, § 1.
Subd. 3. Power to fill vacancies and make appointments:

1. Power to fill vacancies: Const., art. V, § 8.
2. Vacancy, what constitutes: Post, $ 996.

3. Mode of supplying vacancies: Post, $8 997–1004.
Appointing power: See ante, $ 368.
Power over attorney-general: See post, $ 470.
Subd. 9. Fugitives from justice: Pen. Code, $$ 1547-1558.
Subd. 10. Election proclamations: Post, $8 1053, 1054.
Subd. 11. Public lands: Post, $$ 3395-3574.

Legislation § 380. Enacted March 12, 1872; subd. 8 being based on Stats. 1851, p. 443, § 1. See supra, tit. “Code commissioners' note to Article III."

§ 381. To transmit list of appointments to legislature. 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 one thousand.

Legislation § 381. Enacted March 12, 1872. See supra, tit. "Code commissioners' note to Article III.”

§ 382. Records in office of. 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.

Legislation § 382. Enacted March 12, 1872. See supra, tit. "Code commissioners' note to Article III.”

§ 383. Persons acting as governor. 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.

Lieutenant-governor acting as governor: Const., art. V, § 16.

Legislation § 383. Enacted March 12, 1872. See supra, tit. "Code commissioners' note to Article III.”

§ 384. Salary of governor. The annual salary of the governor, to include all services rendered ex officio as member of any board or commis. sion as

or hereafter prescribed by law, is ten thousand dollars. [ Amendment approved 1909; Stats. 1909, p. 414.]

now

Legislation § 384. 1. Enaeted March 12, 1872. See supra, tit. "Code commissioners' note to Article III," 2. Amended by Code Amdts. 1877-78, p. 3. 3. By Code Amdts. 1880, p. 81. 4. By Stats. 1909,

p. 414.

§ 385. Salary of private secretary. The annual salary of the private secretary of the governor, is five thousand dollars. (Amendment approved 1909; Stats. 1909, p. 397.]

Legislation § 385. 1. Enacted March 12, 1872. See supra, tit. “Code commissioners' note to Article III.” 2. Amended by Code Amdts. 1880, p. 84. 3. By Stats. 1889, p. 55. 4. By Stats. 1909, p. 397.

§ 386. Salary, governor's executive secretary. The annual salary of the executive secretary of the governor is three thousand six hundred dollars. (Amendment approved 1915; Stats. 1915, p. 708.]

Legislation 8 386. 1. Enacted March 12, 1872. See supra, tit. “Code commissioners' note to Article III.” 2. Amended by Code Amdts. 1877– 78, p. 3. 3. By Code Amdts. 1880, p. 81. 4. By Stats. 1889, p. 403. 5. By Stats. 1907, p. 208. 6. By Stats. 1909, p. 397. 7. By Stats. 1915,

P. 708.

$ 387. Salaries of stenographer and messenger. The governor may appoint one stenographer at an annual salary of two thousand dollars. He may also appoint one messenger at an annual salary of fifteen hundred dollars. The salaries of such stenographer and messenger shall be pay. able at the same times and in the same manner as the salaries of the state officers.

Legislation § 387. Added by Stats. 1909,

P. 414.

ARTICLE IV.
Of the Lieutenant Governor.

$ 396. Duties of.

§ 397. Salary of. § 396. Duties of. The duties of the lieutenant-governor are prescribed by the constitution. [Amendment approved 1880; Code Amdts. 1880, p. 88.]

Prescribed by the constitution, duties of lieutenant-governor: Const., art. V, $$ 15, 16.

Lieutenant-governor, generally: See Const., art. V, $$ 15, 16.
Liability to impeachment: Const., art. IV, § 18.
As governor pro tempore: See ante, 8 383.

Legislation § 396. 1. Enacted March 12, 1872; based on Stats. 1858, p. 259, § 1. 2. Amended by (ode Amets. 1880, p. 88.

$397. Salary of. The annual salary of the lieutenant governor, to inelude all services rendered ex officio as member of any board or commission as now required, or which may be by law hereafter devolved apon him, is four thousand dollars. I (Amendment approved 1909; Stats. 1909, p. 783.]

Lieutenant-governor's compensation: See Const., art. V, § 19.

Legislation § 397. 1. Enacted March 12, 1872. 2. Amended by Cod Amdts. 1877-78, p. 3. 3. By Code Amdts. 1880, p. 88. 4. By Stats. 1909, p. 783.

ARTICLE V.

of the Secretary of State. § 407. Custody of records. $ 408. Duties of secretary of state. § 409. Fees of secretary of state. § 410. Laws, distribution of. Decisions of supreme court, distribution

of. § 411. To mark books distributed. 8 412. Appointees of secretary of state. $ 413. Salaries of appointees. § 414. Corporation deputy. § 415. Salary of secretary of state. § 415a. Corporation secretary. Duty. Salary. [Repealed.] § 416. Bond. § 417. Salary of secretary of state. [Repealed.] § 418. Deputy secretary of state, salary. [Repealed.] § 419. Book-keeper, salary. (Repealed.] § 419a. Salary and duties of statistician. [Repealed.] $ 420. Salaries of assistants. [Repealed.] § 421. Watchmen for capitol and governor's mansion. [Repealed.] § 422. Salary of special clerks. [Repealed.) $ 4221. Secretary of state to appoint two clerks. [Repealed.] § 423. Official bond. [Repealed.] § 424. Itemized account of expended moneys. $425. Capitol police, salaries. [Repealed.]

Gardeners, capitol grounds, and salaries. [Repealed.] Code Commissioners' note to Article V. Article [V] is based upon statutes as follows: Stats. 1854, [Redding ed.,] pp. 117, 118, 177 [?]; [Kerr ed., pp. 256 et seq., 177;] Stats. 1867-68, pp. 447, 448, 660; Stats. 1865-66, pp. 103, 156, 270; Stats. 1869–70, pp. 373, 517; Stats. 1861, p. 413; Stats. 1863, p. 703.”

§ 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.

Legislation § 407. Enacted March 12, 1872. See ante, tit. “Code commissioners' note to Article V.".

8 426.

§ 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, par: dons, and other public instruments, to which the official signature of the governor is required;

1

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 artieles 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 bim, 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, and also to certify and declare the result of any election upon any question submitted to the electors of the state by either initiative or referendum petition, filed in his office, and to make official declaration of the vote upon each such question;

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, within sixty days after the day on which a general election is held throughout the state, his certificate showing what law or laws or constitutional amend. ments, proposed by initiative petition and approved by the people, have gone into operation, and the date of going into operation; and the result of any election upon any question submitted to the electors of the state, within two years next preceding, by initiative or referendum petition; and to deliver to the superintendent of state printing, within one hundred days after the final adjournment of each session of the legislature, his certificate showing what acts, or sections, or parts of acts of the legislature are delayed from going into effect by referendum petition properly certified and filed in his office;

11. 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;

12. To file in his office descriptions of seals in use by the different state officers and furnish such officers with new seals whenever required;

13. To perform all other duties required of him by law;

14. To report to the governor at the time prescribed in section three hundred 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. (Amendment approved 1915; Stats. 1915, p. 110.]

Secretary of state was formerly a member of state board of exiners: See ante, 8 364.

Secretary of state a member of state board of capitol commissioners: See ante, $ 366.

Legislation & 408. 1. Enacted March 12, 1872. See ante, tit. “Code commissioners' note to Article V.” 2. Amended by Code Amdts. 1880, p. 85. 3. By Stats. 1903, p. 58. 4. By Stats. 1915, p. 110.

§ 409. Fees of secretary of state. 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 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. För 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 seventy-five 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 1895, 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 of continuance of existence, five dollars. 11. 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 inerease 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, commissions issued to nonsalaried state officers, and extradition papers excepted), five dollars.

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