election and term of office of Assessors, applies to every county, and city and county in this State. NOTE. This section was amended so as to read as published in the text, by Act of April 1st, 1872, cited in note to Sec. 18, ante. In the case of Christy vs. The Board of Supervisors of Sacramento Co., 29 Cal., p. 9, it was contended that the Legislature by their appointment and attempting "to continue these Supervisors in office after the term for which they were elected had expired," violated Sec. 5, Art. XI, of the Constitution; but the Court held otherwise under Sec. 7, Art. XI, of the Constitution, declaring that this power had been frequently and constitutionally exercised, referring to numerous statutes therein cited on p. 12. See, also, on this point, People vs. Provines, where the whole question of the power of the Legislature over officers, the terms of which are not fixed by the Constitution, is fully discussed by Justice Sanderson, and concurred in by Sawyer, C. J., in a separate able opinion, citing numerous authorities. Stats. 1871-2, p. 756. An Act to change the manner of electing Supervisors [Approved March 30, 1872.] [Enacting clause.] SECTION 1. Members of the Board of Supervisors shall hold their office for the term of three years, except as hereinafter provided. There shall be chosen at the general election for State and county officers, on the first Wednesday of September, 1873, in the County of Del Norte, by the qualified electors thereof, one Supervisor for each Supervisor district in said county, who shall hold their offices as follows: District Number One, until the first day of January, 1874; District Number Two, until the first day of January, 1875, and District Number Three, until the first day of January, 1876. SEC. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. 4110. The election and terms of office of County Judges and Justices of the Peace are provided for in Title I of THE CODE OF CIVIL PROCEDURE. 4111. In counties of the third class one Supervisor is elected each year at the general election when it 1880 3.33 Supervi 80, when elected. May Same. Official name of principal officer includes deputies. Vacancies, occurs, and on the corresponding day of the alternate year when no general election occurs; in the counties. of the first and second classes a number of Supervisors as nearly equal as may be, to be determined by the Board, are elected every year at the same times as specified herein for counties of the third class. 4112. Every county and township officer, except County Judge, Supervisor, and Justice of the Peace, may appoint as many deputies as may be necessary for the faithful and prompt discharge of the duties of his office. NOTE.-Powers and duties of deputies.-See Sec. 865, ante, and note. May be required to give bond.— See Sec. 985, ante. 4113. The appointment of deputies, clerks, and subordinate officers of counties, districts, and townships, must be made in writing, and filed in the office of the County Clerk. 4114. Whenever the official name of any principal officer is used in any law conferring power, imposing duties or liabilities, it includes his deputies. 4115. A vacancy in the office of County Judge is filled by an appointee of the Governor. All other vacancies in county and township offices are filled by appointments made by the Board of Supervisors. Appointees hold until the vacancies are filled by election. NOTE.-A vacancy in office of Supervisor is filled by appointee of County Judge.-See Sec. 4026, ante. 4116. Sheriffs, Clerks, Recorders, Treasurers, Tax be kept at Collectors, District Attorneys, and Auditors, must have their offices at the county seat, and keep them open for the transaction of business from nine o'clock A. M. till five o'clock P. M., every day in the year, except holidays. The County Judge must have chambers at the county seat, and must establish such rules and hours for official business as may be necessary for What county Boat. 1 the dispatch thereof. He must attend at his chambers at least one day in each week. NOTE.-Stats. 1850, p. 261; 1863, p. 56, Sec. 7; 1851, p. 190, Secs. 10, 11; 1850, p. 115, Sec. 5; 1851, p. 199, Sec. 4. penalty for formances 4117. Whenever, except in criminal prosecutions, Civil any special penalty, forfeiture, or liability is imposed non-peron any officer for non-performance or mal-performance of duty of official duty, the liability therefor attaches to the official bond of such officer, and to the principal and sureties thereon. attached to bond. officers adininister 4118. Every officer mentioned in Section 4103, County and every Justice of the Peace, may administer and may certify oaths. 4119. The following officers must reside at the Certain county seat of their respective counties: the County Judge, the Treasurer, the County Clerk, the Auditor, the Sheriff, the Tax Collector, the District Attorney, the Recorder. 4120. No county officer mad absent himself from the State for more than thirty days, unless with the consent of the Legislature. officers must reside at county 1880 636 Absence of Ą county 294 officers 4121. Sheriffs, Clerks, and Constables and their Certain deputies are prohibited from practicing law or acting prohibited as attorneys or counselors at law, or having as a part- practicing ner a lawyer or any one who acts as such. NOTE.-Stats. 1850, p. 263, Sec. 10; 1850, p. 261, Sec. 11; 1851, p. 190, Sec. 51. 4122. County officers must execute official bonds official corresponding to the class of the county of which they classified.. are officers, in the following amounts: 1. Sheriffs: first class, sixty thousand dollars; second class, twenty-five thousand dollars; third class, ten thousand dollars. .73-4 63-73-6 bonds A and 294 amounts 73-4 25-VOL. II. Same. 2. Clerks: first class, twenty-five thousand dollars; second class, fifteen thousand dollars; third class, six thousand dollars. 3. Auditors: first class, twenty thousand dollar; second class, ten thousand dollars; third class, two thousand dollars. 4. Treasurers: first class, one hundred thousand dol lars; second class, fifty thousand dollars; third class, twenty thousand dollars. 5. Recorders: first class, ten thousand dollars; second class, five thousand dollars; third class, two thousand dollars. 6. District Attorneys: first class, fifteen thousand dollars; second class, ten thousand dollars; third class, two thousand dollars. 7. Assessors: first class, twenty thousand dollars; second class, ten thousand dollars; third class, three thousand dollars. 8. Tax Collectors: first class, fifty thousand dollars; second class, thirty thousand dollars; third class, fifteen thousand dollars. 9. Surveyors: first class, ten thousand dollars; second class, five thousand dollars; third class, one thousand dollars. 10. School Superintendents: first class, five thousand dollars; second class, three thousand dollars; third class, one thousand dollars. 11. Coroners: first class, five thousand dollars; second class, two thousand dollars; third class, one thousand dollars. 12. Public Administrators: first class, thirty thousand dollars; second class, twenty thousand dollars; third class, ten thousand dollars. 13. Supervisors: first class, fifteen thousand dollars; second class, ten thousand dollars; third class, two thousand dollars. تم NOTE." Classification."-See Sec. 4006, ante, and note. When offices consolidated bond must be given for each by incumbent.-People vs. Ross, 38 Cal., p. 76; see Secs. 947, 985, inclusive, ante, and notes. Deputies may be required to give bond.-Sec. 985, ante. See consolidated offices, note to Sec. 4105; see, also, references to Acts of 1872, in note to Sec. 4193, post. The following Acts of 1872, of a local or special character, are referred to with the subjects and pages given relating to county official bonds: Calaveras, of Constables as Tax Collectors, p. 178; Contra Costa, Public Administrator of, p. 183; El Dorado, county officers, p. 412; El Dorado, of officers of, pp. 592-595; El Dorado, Tax Collector, p. 378; El Dorado, Sheriff as ex officio Treasurer, p. 379; San Diego, of officers of, p. 200; San Francisco, of Coroner, p. 403; Ventura, of officers of, p. 488. Stats. 1871-2, p. 21. An Act concerning certain officers in the County of Merced. [Approved January 16, 1872.] [Enacting clause.] SECTION 1. The bonds of the Public Administrator and Coroner of the County of Merced are hereby fixed at the sum of five thousand dollars each; provided, that the Board of Supervisors of said county may at any time order special bonds in addition thereto, when in their judgment said additional bonds may become necessary. SEC. 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. SEC. 3. This Act shall take effect from and after its passage. |