established in section thirty-nine hundred and fifty; thence up the straits and bay of San Pablo, on eastern boundary of Marin, to point of intersection with line bearing south, twenty-six and one half degrees east, and about six and one quarter miles distant from south-west corner of Napa county, as established in section thirty-nine hundred and fifty-eight, forming common corner of Marin, Solano, Sonoma, and Contra Costa, as established in section thirty-nine hundred and fifty-five; thence to the straits of Carquinez; thence up said straits and Suisun bay, to the mouth of the San Joaquin river; thence up said river to the confluence of the west and main channels thereof, as laid down on Gibbe's map; thence up the said west channel, to a point about ten miles below Moore and Rhodes' ranch, at a bend where the said west channel, running downward, takes a general course north, the point being on the westerly line of San Joaquin county, and forming the north-east corner of Alameda and south-east corner of Contra Costa; thence on the northern line of Alameda, as laid down on Horace A. Higley's map, and as established in section thirty-nine hundred and fiftythree, to the easterly line of San Francisco city and county, as established in section thirty-nine hundred and fifty; thence due north-west, along said easterly line of San Francisco, four and one half miles, more or less, to the place of beginning.

SEC. 3955. Beginning at north-west corner, at a point in the Pacific ocean west of the mouth of Walhalla river; thence east to the mouth of said river, and up the main channel two miles; thence easterly, in a direct line, to the most northern and highest peak or summit of the Redwood mountains, immediately north of Cloverdale and Oat valley; thence east to the western boundary of Lake county, on the summit of the Mayacmas ridge, forming north-east corner; thence southerly, along the Mayacmas mountains, and on the western lines of Lake and Napa counties, to the westerly branch of headwaters of Huichica creek; thence westerly, on the line of Napa county, to the top of the main ridge that divides the Huichica valley from the Sonoma valley; thence southerly, along the said dividing ridge, to the tule bordering on San Pablo bay; thence southerly to the center of Huichica creek; thence down said creek to its mouth, which is the south-west corner of Napa; thence on the line of Solano south, twenty-six and one half degrees east, about six and one quarter miles distant from the mouth of Huichica creek, to the point of intersection with the westerly line of Contra Costa county, forming common corner of Marin, Solano, Contra Costa, and Sonoma, as described in section thirty-nine hundred and fifty-four; thence following the northern boundary of Marin westerly to the mouth of Petaluma creek; thence up said creek to the mouth of San Antonio creek; thence up said San Antonio creek to its head; thence in a direct line to the head of the Estero Americano, on the line surveyed and established by William Mock, under the direction of the surveyor-general, in the year eighteen hundred and fifty-six; thence down said Estero Americano to its mouth; thence due west three miles to a point in the Pacific ocean; thence north-westerly, by ocean shore, to the point of beginning.

County seat-Santa Rosa.

Stats. 1851, 178; 1852, 236; 1855, 150; 1861, 361; 1868, 42.

SEC. 3956. Beginning at south-west corner, in San Pablo bay, at common corner of Contra Costa, Sonoma, Marin, and Solano, as established in section thirty-nine hundred and fifty-four; thence north, twenty-six and one half degrees west, about six and one quarter miles on the western line of Sonoma, as established in section thirty-nine hundred and fifty-five, to the south-west corner of Napa, at the mouth of the Huichica creek; thence east, on southern line of Napa, to the south-east corner thereof, as established in section thirty-nine hundred and fifty-eight; thence north, on line of Napa, as established in said section, to the first standard north; thence east, along said standard, on said Napa line, to the summit of Vaca mountains; thence northerly, on said summit and Napa line, to Devil's Gate, on Putah creek, which point forms the north-west corner of Solano and south-west corner of Yolo; thence easterly, on line of Yolo, down said creek and old bed thereof, to its intersection with western line of range three east, Mount Diablo meridian, forming the north-east corner of Solano, with exterior angle in Yolo; thence south, along line of Yolo, on said range line, two and seven tenths miles, to the north line of township seven north, Mount Diablo base; thence east, nine and seventy-two one-hundredths chains, to north-east corner of said township; thence south to the first standard north, Mount Diablo base; thence east, on said standard line, to the center of Sutter slough; thence down said slough to Merritt slough, down Merritt slough to the Sacramento river, down the Sacramento river about thirteen miles to Suisun bay; thence down the bay, along the center of the main ship channel, in a westerly course, about eighteen miles, to the straits of Carquinez; thence down the middle of said straits, and down San Pablo bay, to the place of beginning. All these courses and lines being as shown by map and notes of William Wayne Fitch and E. H. Marshall, surveyor and deputy surveyor of Solano county.

County seat-Fairfield.

Stats. 1851, 179; 1852, 236; 1853, 20; 1855, 77; 1857, 108; 1870, 294.

County seat.

An Act to locate the county seat of Solano county.

[Approved March 28, 1874; 1873-4, 783.]

SECTION 1. The county seat of Solano county shall be at Fairfield, in said county.
Removal.

SEC. 2. The board of supervisors of Solano county, within twenty days from the passage of this act, shall cause the archives, county records, books, maps, papers, furniture, and all other movable personal property belonging to said county, to be removed to the county seat established by this act; and for the purpose of executing this provision, a special meeting of said board shall be called in the manner prescribed by law.

SEC. 3. All acts or parts of acts in conflict herewith are hereby repealed.

SEC. 4. This act shall take effect and be in force from and after its passage.

SEC. 3957. Beginning in the Pacific ocean, at south-western corner of Sonoma; thence south-easterly along southern line of Sonoma, as established in section thirty-nine hundred and fifty-five, to the mouth of Petaluma creek; thence to common corner of Marin, Sonoma, Contra Costa, and Solano, in San Pablo bay, as established in section thirty-nine hundred and fifty-five; thence southerly, along the western boundary of Contra Costa, in the bay of San Pablo, to the middle of the straits of San Pablo; thence southerly, in a direct line, to Invincible rock, in the bay of San Francisco, near the entrance of the straits of San Pablo; thence in a direct line to north-western point of Red rock; thence

southerly to the extreme south-easterly point of Angel island; thence southwesterly to the extreme end of Point Cavallo at low-water mark; thence on the line of low-water mark along the northern shore of the bay to Point Bonita, and three miles into the Pacific ocean, to the north-western corner of San Francisco, as established in section thirty-nine hundred and fifty; thence northwesterly, by ocean shore, to the place of beginning. County seat-San Rafael.

Stats. 1851, 177; 1854, 121; 1860, 269; 1861, Marin and San Francisco out of both and all 351; 1868, 347. counties:" Commissioners' note. See, however, secs. 3950, 3953, 3954.

"The act of 1868 leaves a small strip between

SEC. 3958. Beginning at south-western corner, at a point in Huichica creek where the said creek empties into San Pablo bay; thence east to the mountains dividing Napa valley from Suisun valley, forming south-eastern corner; thence northerly, along the summit line of said mountains, to its intersection with the first standard north, Mount Diablo base, marked by a rock monument erected by Ralph Norris; thence east, along said standard line seven and three fourths miles, to Vaca mountains, which divide the Vaca and Suisun valleys; thence northerly, along the main ridge of said Vaca mountains, to Putah creek, at a point called the Devil's Gate; thence northerly, across said creek, to and along the mountains dividing Berryessa valley from Sacramento valley, to the southeast corner of Lake county on the western line of Yolo; thence westerly, along the southern line of Lake, as established in section thirty-nine hundred and seventeen, to its intersection with the eastern line of Sonoma; thence southeasterly, on said line of Sonoma, to the western branch of the headwaters of the Huichica creek; thence westerly to the main ridge that divides the Huichica valley from the Sonoma valley; thence southerly, along the said dividing ridge, to the tule bordering on San Pablo bay; thence southerly to the center of the Huichica creek; thence down said creek to its mouth, the place of beginning. County seat-Napa City.

Stats. 1851, 178; 1852, 192; 1855, 77; 1851,

560.

"made no attempt to materially change the boundaries of any county, but merely to render the lines more definite and certain.'

The commissioners state in a note that they An Act to define the northern boundary line of Napa county, adjoining Lake and Yolo counties.

Description of boundary line.

[Approved March 8, 1872; 1871-2, 305.]

SECTION 1. The northern boundary line of Napa and the south-easterly boundary line of Lake counties shall commence at the highest point of the Mount St. Helena; thence running in an easterly direction, along the present boundary line between said counties, to the Buttes Cañon road; thence north-easterly, in a direct line, to the junction of Jericho and Putah creeks; thence up Jericho creek to the junction of Hunting creek, in Jericho valley; thence up Hunting creek to a large pile of rocks on the south-easterly side of the county road, at the lower and most easterly end of Hunting valley; thence in a straight line in the direction of the intersection of Bear and Cache creeks to the county line of Yolo county; thence along the line of Yolo county, in a south-easterly direction, to the present county line dividing Yolo and Napa counties. Payment of claim of Lake county.

SEC. 2. The board of supervisors of Napa county shall order paid the claim of Lake county for the sum of three thousand five hundred dollars, and the auditor of said county of Napa shall draw a warrant for the same on the treasurer of the said county, payable from the general fund,

and the treasurer of Napa county shall pay the same.

SEC. 3. All acts or parts of acts in conflict with this act are hereby repealed.
SEC. 4. This act shall take effect from and after its passage.

640

CHAPTER II.

GENERAL PROVISIONS RELATING TO COUNTIES.

3969. Disputed boundaries, how settled.

SEC. 3969. All common boundaries and common corners of counties not adequately marked by natural objects or lines, or by surveys lawfully made, must be definitely established by surveys jointly made by the surveyors of all the counties affected thereby, and approved by the boards of supervisors of such counties, or by a survey made by the surveyor-general, on application of the board of supervisors of any county affected thereby.

The boundary line of a county cannot be proved by evidence showing where it is reputed to run among persons living near the line, ex

cept where it is an ancient boundary and depends upon prescription, or cannot be proved by parol: Lay v. Neville, 25 Cal. 545.

3970. Report to surveyor-general on disagreement of supervisors.

SEC. 3970. If the first mode is adopted, and the board of supervisors do not agree upon and finally approve the survey, each surveyor must make a report to the surveyor-general, with surveys, maps, notes, and explanations touching disputed points.

3971. Surveyor-general to determine boundary.

SEC. 3971. Upon such reports the surveyor-general must finally determine and establish the common boundaries and corners, if he can collate a satisfactory description therefrom. If the reports are insufficient for such purpose, he must cause surveys to be made, and when approved by him, the surveys establish such common boundaries and corners.

3972. Approved surveys to be conclusive.

SEC. 3972. All surveys finally approved under the provisions of this chapter are conclusive ascertainments of lines and corners included therein.

The constitutionality of this section was maintained in People v. Boggs, 56 Cal. 648.

3973. Former surveys valid.

SEC. 3973. All surveys and maps of boundary lines heretofore legally made and approved are declared valid, and they are prima facie evidence of the establishment of such lines, except so far as they are inconsistent with the provisions of this code. [Amendment, approved March 30, 1874; Amendments 1873-4, 54; took effect July 6, 1874.]

3974. Cost of survey to be apportioned equally among counties interested.

SEC. 3974. The cost of making such surveys must be apportioned equally among the counties interested, and the board of supervisors must audit the same, and the amounts must be paid out of the general county fund.

3975. Which county owns real property when county is divided.

SEC. 3975. When a county is divided or the boundary is altered, all taxes levied before the division was made or boundary changed must be collected by the officers of and belong to the county in which the territory was situated before the division or change.

Dividing counties.-Constitutional limitation upon the division of a county: Const. Cal. 1579, art. 11, sec. 3. Upon such division the probate court, having acquired jurisdiction of the estate of a decedent by reason of his residence in the original county, retains it, although the place falls within the new county: Harlan's Es

tate, 24 Cal. 182. It is not enough that the law define the boundaries of the new county; a local government must be provided, and when so provided, the territory described does not become a county until its officers are elected: People v. McGuire, 32 Id. 140.

For equitable claims of one county against

another, existing after changes of boundary in forming a new county, and other questions pertaining to the indebtedness and liability of one to the other in such cases, see People v. Alameda County, 26 Cal. 641; Beals v. Amador

3976. Petition for change of county seat.

County, 28 Id. 449. The constitution of California of 1879, article 11, section 3, provides that the new county is to be liable for its proportion of the existing debts and liabilities of the county out of which it was taken.

SEC. 3976. Whenever the inhabitants of any county of this state desire to remove the county seat of the county from the place where it is fixed by law or otherwise, they may present a petition to the board of supervisors of their county, praying such removal, and that an election be held to determine to what place such removal must be made.

Stats. 1850, 199, secs. 1, 2; 1854, 198.

Removing county seat: Const. Cal. 1879, provision respecting, see note to next section.

3977. Supervisors to order election.

SEC. 3977. If the petition is signed by qualified electors of the county, equal in number to at least three fifths of all the votes cast in the county at the last preceding general election, the board must, at the next general election of county officers, submit the question of removal to the electors of the county. [Amendment, approved March 2, 1880; Amendments 1880, 2 (Ban. ed. 11); took effect immediately.]

Before this amendment the petition was required to be signed by but one third of the electors. The original section, which also provided that the supervisors should upon the receipt of the petition and within five days order an election within not more than sixty nor less than thirty-five days, was based upon Stats. 1850, 199, secs. 1, 2; 1855, 4. The code commissioners say: "If the county seat has Deen once removed under these provisions, or under the act which the code here extends, then a removal can be had again only as provided in section 3985, post; but if such a removal has been had by any other authority, or in any other manner than provided in this chapter, or in the statute which it continues, then any removal under this code is the original or first removal, as contradistinguished from that indicated by the term 'once removed,' in section 3985; for the term once removed' is qualified by the words in the manner prescribed by this chapter' following; hence any removal

asked to be made under section 3985 is so asked

because a previous removal was had under the code or under the act which by it is continued. Section 5, ante, volume 1, of this code provides that the code continues' all existing statutes, which are substantially the same as the code provisions."

3978. Notice of election.

The power of the legislature to authorize a popular vote to locate a county seat is sustained in Upham v. Sutter County, 8 Cal. 378; see also Dickey v. Hurlburt, 5 Id. 344. But the authority of a board of supervisors to order an elec tion for the removal of a county seat must be measured by the statute, and must be exercised in the manner prescribed therein: Fox v. Board of Supervisors, 49 Id. 563. Nor can the citi zens by their vote direct to be done that which is otherwise provided in the statute: Calaveras County v. Brockway, 30 Id. 325. The identi cal petition presented to the board must have been signed; it will not do to circulate sev eral petitions reading alike, and then cut off the signatures and affix all to one petition. Such a petition does not answer the require ments of the code: Fox v. Supervisors, 49 Id. 563.

Mandamus to compel the supervisors will be denied where the answers deny that the requisite number of names is on the petition: People v. Alameda Co., 45 Cal. 395. In pleading the removal of a county seat, it is not necessary to set out all the proceedings resulting in the re moval; it will be sufficient to aver that the county seat has been removed: Babcock v. Goodrich, 47 Id. 488.

Section 3978, relating to notice of election, was repealed by act of March 2, 1880; Amendments 1880, 3 (Ban. ed. 12); took effect immediately.

3979. Election, how held and conducted.

SEC. 3979. Notice of such election, clearly stating the object, shall be given, and the election must be held and conducted, and the returns made, in all respects in the manner prescribed by law in regard to elections for county officers. [Amendments, approved March 2, 1880; Amendments 1880, 2 (Ban ed. 12); took effect immediately.]