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CHAPTER CXXXVIII.

AN ACT concerning Sureties on Official Bonds. (1)– (Passed

May 18, 1853.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

Citations may be issued on officers

insufficient.

Additional

office declared vacant.

cases.

SECTION 1. Whenever it shall be shown, by affidavit of a credible whose bonds are witness, duly filed, or presented to any court, judge, board, officer, or

person whose duty it is to approve the official bond of any officer, that the sureties thereon, or any of them, have, since such bond was approved, died, removed from the state, become insolvent, or from any other cause have become incompetent or insufficient sureties on such official bond, it shall be the duty of such court, judge, board, officer,

or person, to issue a citation to such officer, requiring such officer, on surety to be

a day therein named, not less than three nor more than ten days after given or the

date, to appear and show cause why such office shall not be vacated, which citation shall be served, and return thereof made, as in other

If said officer shall fail to appear and show good cause why such office should not be vacated, on the day named, or shall fail to give ample additional surety, it shall be the duty of such court, judge, board, officer, or person, to make an order vacating such office, and the same shall be filled by election or appointment, as provided for by law.

Sec. 2. Any surety on the official bond of a city, county, or state may be relieved. officer, may be relieved from liabilities thereon afterwards accruing,

by complying with the following provisions of this act. By filing a

Sec. 3. Such surety shall file with the court, judge, board, officer, person or persons authorized by law to approve such official bond, a statement in writing, setting forth the desire of the said surety to be relieved from all liabilities thereon afterwards arising, and the reasons therefor, which statement shall be subscribed and verified by the

affidavit of the party filing the same. Copy to be

Sec. 4. A copy of the statement shall be served on the officer named in such official bond, and due return or affidavit of service made thereof, as in other cases.

Sec. 5. In ten days after the service of such notice, the court, order declaring

judge, board, officer, person or persons with whom the same may be

Sureties on official bonds

statement setting
forth certain
facts.

served on officer.

Judge to issue

office vacant

(1) For act concerning official bonds of officers, see ante, p. 97. See, also, next chapter.

filed, shall make an order declaring such office vacant, and releasing unless a new

bond be given. such surety from all liability thereafter, to arise on such official bond, and such office shall thereafter be held in law as vacant, and be immediately filled' by election or appointment as provided for by law, as in other cases of vacancy of such office, unless such officer shall have, before that time, given good and ample surety for the discharge of all his official duties as required originally.

Sec. 6. This act shall not be so construed as to release any surety Sureties to be from damages, or liabilities for acts, omissions, or causes existing, or official acts, and which arose before the making of such order as aforesaid, but such made. legal proceedings may be had therefor in all respects as though no order had been made under the provisions of this act.

Sec. 7. Executors, administrators and guardians shall be held as County officers county officers within the provisions of this act.

until order be

under the act.

CHAPTER CXXXIX.

AN ACT to provide for Security to be given by County Officers act

ing under Appointments, and to amend the fifty-fifth Section of the Act concerning Sheriffs, passed April twenty-ninth, one thousand

eight hundred and fifty-one. [Passed May 17, 1853.] The People of the State of California, represented in Senate and

Assembly, do enact as follows :

Section 1. Upon the appointment of any person to fill a vacancy Appointees to

vacancy to give in office, before entering upon the duties of the office, the person so bond. appointed shall give a bond corresponding in substance and form with the bond required of the same officer when originally elected or appointed, to be approved by the court or officer making the appointment:

Sec. 2. The fifty-fifth section of the act entitled An act concerning Former act sheriffs, passed April twenty-ninth, one thousand eight hundred and amended. fifty-one, is amended so as to read as follows: In case of a vacancy in the office of sheriff, the powers and duties of sheriff shall devolve upon the coroner of the county, and be executed by him until a new Coroner to sheriff be appointed or elected and qualified, and has given security duties of sheriff to be approved as required by law. (1)

in case of vacancy in that office.

(1) See ante, page 720, Sec. 55.

CHAPTER CXL.

AN ACT to regulate Elections. (1) [Passed March 23, 1850.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

ARTICLE I.

OF GENERAL, COUNTY, AND SPECIAL ELECTIONS.

Time of holding Section 1. There shall be held throughout the state, on the first election.

Wednesday in September of cach year, an election for members of assembly, and such other officers as may be required by law to be chosen at such election, to be called the general election, except that in each bissextile or leap year, such general election shall be held on the day on which by law the election is required to be held for election of president and vice president of the United States. (2)

Sec. 2. [Repealed.] (3) Special elections.

Sec. 3. Special elections are such as are held to supply vacancies in any office, whether the same be filled by the vote of the qualified electors of the state, or any district, county, or township, and may be

held at such time as may be designated by the proper officer. Vacancies, how Sec. 4. All vacancies which are about to occur in office by the supplied. expiration of the full term thereof, shall be supplied at the general

election. (4) Proclamation to Sec. 5. It shall be the duty of the governor, at least thirty days to be filled at a before any general election, to issue his proclamation designating the general election.

offices to be filled at such election, and to transinit a copy thereof to

the county judge of each county of the state. County judges

Sec. 6. It shall be the duty of the county judge to give at least proclamation.

ten days' notice thereof, by setting up, at each usual place of holding elections in his county, a copy of such proclamation, and by inserting the same in some newspaper published in the county, if any be published therein.

Sec. 7. [Repealed.) (5)

and when

be made of offices

to give notice of such

(1) For choosing electors of president and vice president, members of congress, and U. S. senators, see ante, page 342-4. For supplemental act, see post chapter 141.

(2) Amendment inserted from Stat. 1852, page 144.
(3) See Stat. 1851, page 180--1.
(4) Amendment inserted from Stat. 1851, page 181.
(5) See Stat, 1851, page 180-1.

Sec. 8. Whenever a special election is necessary to fill a vacancy Notices of special

election by state in any office which is to be filled by the vote of the qualified electors vote. of the state or of the district, the governor shall issue his proclamation, ordering such election in like manner as is provided in regard to general elections, and designating also the time at which it is to be held; and the county judge of each county in which such election is to be held shall give notice thereof as required in the sixth section of this act.

Sec. 9. Whenever a special election is necessary to fill a vacancy Notices of in any county or township office, the county judge shall issue an or- by county rote. der for such election, designating the office to be filled and the time of holding the election, and shall publish the same in the manner required by the sixth section of this act.

ARTICLE II.

vote at elections.

OF TIIE QUALIFICATIONS AND DISABILITIES OF ELECTORS. Section 10. Every white male citizen of the United States, and who entitled to every white male citizen of Mexico who shall have elected to become a citizen of the United States under the treaty of peace exchanged and ratified at Queretaro, on the 30th day of May, 1848, of the age of twenty-one years, who shall have been a resident of the state six months next preceding the election, and the county or district in which he claims his vote, thirty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law.

Sec. 11. For the purpose of voting, no person shall be deemed to Residences for have gained or lost a residence by reason of his presence or absence when not to

purpose of voting on the service of the United States, nor while engaged in the naviga- guined or lost. tion of the waters of this state or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum, nor while confined in any public prison. Sec. 12. No idiot or insane person, or person convicted of any in- Who not entitled

to be an elector. famous crime, shall be entitled to the privileges of an elector.

Sec. 13. Absence from this state on business of the state, or of What absence the United States, shall not affect the question of residence of any

question of person.

Sec. 14. A crime shall be deemed infamous which is punishable Infamous crime by death or by imprisonment in the state prison.

residence,

detined.

ARTICLE III.

OF THE PLACE OF HOLDING ELECTIONS, AND ALSO OF INSPECTORS,

JUDGES, AND CLERKS OF ELECTIONS.

Precincts for Section 15. There shall be a precinct for holding elections in each holding elections.

township designated by the court of sessions; but the court may, and the county judge, in vacation, may, if the convenience of the people require it, create additional precincts in any township at places where there are thirty or more resident voters: Provided, there shall not be more than one precinct in each ward of a city; and Provided further, that except within a city no two election precincts

shall be nearer to each other than two miles. (1) Inspectors and Sec. 16. When an election is ordered, the county judge shall apjudges, how appointed. point for each precinct, from the qualified electors of the township in

which such precinct lies, one inspector and two judges, who shall constitute a board of judges of election. In case said board be not appointed for any precinct by the county judge, the electors present on the morning of the day of election, at the place where the polls are opened on the day of the last previous general election, may appoint a board of judges for such precinct. (2)

Sec. 17. It shall be the duty of each inspector to be at the place where the polls are to be opened in the precinct for which he is appointed, from eight o'clock in the morning until sunset on the day of the election. Should such inspector not appear at eight o'clock in the morning, the electors present at the place where the polls are to be

opened, may appoint an inspector for the precinct. (3) Clerks, how Sec. 18. The board of inspectors for each precinct shall, before appointed.

the time of opening the polls, appoint two suitable persons to act as

clerks. (4) Board of judges, Sec. 19. Before any election shall be opened, the inspector, judges, etc., to take oath.

and clerks shall each, before any officer authorized to administer oaths, take an oath that he will faithfully and impartially discharge the duties assigned him by law. If there is no person present authorized to administer oaths, the inspector shall administer the same to the judges and clerks, and one of the judges shall then administer the oath to the inspector.

Sec. 20. The inspector shall be chairman of the board, and after board of judges. its organization, shall have power to administer all necessary oaths

Duties of inspectors.

Chairman of

(1) Amendment inserted from Stat, 1851, p. 181.
(2) (3) (+) Amendments inserted from Stat. 1851, p. 181-2.

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