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3980. Voter to vote for place he prefers.

SEC. 3980. In voting on the question, each elector must vote for the place in the county which he prefers as the seat of justice, plainly designating it in his ballot.

Stats. 1850, p. 199, sec. 4.

3981. Notice of result.

SEC. 3981. When the returns have been received and compared, and the results ascertained by the board, if two thirds of the legal votes cast by those voting on the proposition are in favor of any particular place, the board must give notice of the result by posting notices thereof in all the election precincts in the county. [Amendment, approved March 2, 1880; Amendments 1880, 2 (Ban. ed. 12); took effect immediately.]

Conforms to the constitution of 1879, art. 11, sec. 2. Majority was required formerly. 3982. Place chosen to be county seat.

SEC. 3982. In the notice provided for in section thirty-nine hundred and eighty-one, the place selected to be the county seat of the county must be so declared from a day specified in the notice not more than ninety days after the election. After the day named in the notice the place chosen is the county seat of the county.

Stats. 1850, p. 199, sec. 6; 1854, 198.

3983. Statement of result.

SEC. 3983. Whenever any election has been held as provided for in the preceding sections of this chapter, the statement made by the board of supervisors showing the result thereof must be deposited in the office of the county clerk, and whenever the board gives the notice prescribed by section thirty-nine hundred and eighty-two, they must transmit a certified copy thereof to the secretary of state.

Stats. 1850, p. 199, sec. 8.

3984. No second election to be held within four years.

SEC. 3984. When the election has been held and two thirds of the votes are not cast for some other place than that fixed by law as the former county seat, no second election for the removal thereof must be held within four years thereafter. [Amendment, approved March 2, 1880; Amendments 1880, 3 (Ban. ed. 12); took effect immediately.]

Prior to the constitution of California of 1879 there was no restriction upon the number of elections which might be held, so long as the county seat was not changed: Atherton v. San Mateo County, 48 Cal. 157. But article 11, sec3985. Subsequent removal of county seat.

SEC. 3985. When the county seat of a county has been once removed by a popular vote of the people of the county, it may be again removed from time to time in the manner provided by this chapter; but no election must be ordered to effect any such subsequent removal, unless a petition praying an election is signed by qualified electors of the county equal in number to at least three fourths of all the votes cast at the next preceding general election; nor unless at such election, when ordered, two thirds of all the votes cast are in favor of some other place as the county seat of the county; and such election, when so ordered, shall take place at the first general election held thereafter, nor must two elections to effect such removal be held within four years. [Amendment, approved February 3, 1876; Amendments 1875-6, 64; took effect from passage.]

See note to sec. 3977, ante.

tion 2, says: "A proposition of removal shall not be submitted in the same county more than once in four years." The above section was amended so as to conform to this provision.
















4000. Every county a body corporate.

SEC. 4000. Every county is a body politic and corporate, and as such has the powers specified in this code, or in special statutes, and such powers as are necessarily implied from those expressed. See "County Government Bill," in appendix, post.

The act amending this section, and 4003, 4004, 4006, 4022, 4623, 4024, 4025, 4026, 4028, 4029, 4046, 4087, 4103, 4104, 4109, 4115, 4116, 4119, 4165, 4192, 4204, 4221, 4256, 4314, 4328, 4329, 4344, 4292, 4348, 4005, 4105, 4106, 4110, 4111, 4134, 4304, approved April 27, 1880, was declared unconstitutional and void in Leonard v. January, 56 Cal. 1.

County government.-Constitutional provision respecting the establishment by the legislature of a uniform system of county governments: Const. Cal. 1879, art. 11, sec. 4. To determine this uniformity is left to the legisla

ture: People v. Lake County, 33 Cal. 487. And a similar section in the former constitution, article 11, section 4, was declared to be direc tory merely, in People v. Board of Supervisors, 50 Id. 563.

Counties are corporations: Smith v. My ers, 15 Cal. 33; quasi corporations: Price v. Sacramento County, 6 Id. 254; Calaveras County v. Brockway, 30 Id. 325. That a county is not a municipal corporation within the meaning of section 19 of this code, see People v. Sacra mento, 45 Id. 692.

Municipal corporations defined: Sec. 4356, post.

County not liable for acts of officers which it was bound to employ, not for its benefit, but for the good of the public, as of a resident phy.

4001. Powers of counties, how exercised.

SEC. 4001. Its powers can only be exercised by the board of supervisors, or by agents and officers acting under their authority or authority of law; provided, however, that whenever any board of supervisors shall, without authority of law, order any money paid as a salary, fees, or for other purposes, and such money shall have been actually paid; or whenever the county clerk or county auditor has drawn any warrant or warrants in his own favor, or in favor of any other person, without being authorized thereto by the board of supervisors, or by the law, and the same shall have been paid, the district attorney of such county is hereby empowered, and it is hereby made his duty, to institute suit in the name of the county against such person or persons to recover the money so paid, and twenty per cent damage for the use thereof; and no order of the board of supervisors therefor shall be necessary in order to maintain such suit; and provided further, that when the money has not been paid on such orders, it is hereby made the duty of the district attorney of such county to commence suit in the name of the county for restraining the payment of the same, and no order of the board of supervisors therefor shall be necessary in order to maintain such suit. [Amendment, approved March 24, 1874; Amendments 1873-4, 171; took effect from passage.]

sician at the county hospital: Sherbourne V. Yuba Co., 21 Cal. 113.

4002. Name and designation.

SEC. 4002. The name of a county designated in the law creating it is its corporate name, and it must be known and designated thereby in all actions and proceedings touching its corporate rights, property, and duties.

See note to next section.

4003. Enumeration of powers.

SEC. 4003. It has power:

1. To sue and be sued;

2. To purchase and hold lands within its limits;

3. To make such contracts and purchase and hold such personal property as may be necessary to the exercise of its powers;

4. To make such orders for the disposition or use of its property as the interests of its inhabitants require;

5. To levy and collect such taxes for purposes under its exclusive jurisdiction

as are authorized by this code or by special statutes.

County's powers to sue and be sued. County may sue in its name: Solano Co. v. Neville, 27 Cal. 465; Mendocino Co. v. Lamar, 30 Id. 627. May act as relator in mandamus proceedings: People v. Alameda Co., 26 Id. 641. May be sued: Price v. County of Sacramento, 6 Id. 254; Gilman v. Contra Costa Co., Id. 676; McCann v. Sierra Co., 7 Id. 121; Gilman v. Contra Costa Co., 8 Id. 52; Neville V. Solano Co., 29 Id. 251; Bicknell v. Amador

This section was amended in 1880, to conform to the new constitution, article 11, section 18; but the act containing this amendment was

Co., 30 Id. 237. The people of the county are not a corporation, and can neither sue nor be sued: Smith v. Myers, 15 Id. 33. The private property of an individual cannot be seized under execution to satisfy a judgment debt against the county: Emeric v. Gilman, 10 Id. 404.

Disposing of property.-A county may assign a warrant drawn in its favor by another county: Beals v. Evans, 10 Cal. 459.

4004. Limitation on indebtedness.

SEC. 4004. No county must in any manner loan or give its credit to or in aid

of any person, unless it is expressly authorized by law so to do.

declared unconstitutional in Leonard v. January, 56 Cal. 1.

4005. Temporary loans.

SEC. 4005. No money must be borrowed on a temporary loan by any county, except in anticipation of the taxes of the current fiscal year, and the same must always be made payable within eight months from the time of making the loan.

The act repealing this section was declared unconstitutional in Leonard v. January, 56 Cal. 1. See sec. 4000, and note.

4006. Classification of counties.

SEC. 4006. For purposes other than for roads and highways the counties of this state are classified as follows:

1. Those containing twenty thousand inhabitants or over constitute the first class;

2. Those containing eight thousand and under twenty thousand inhabitants constitute the second class; and,

3. Those containing less than eight thousand inhabitants constitute the third


The act of 1880, amending this section and dividing the counties into ten classes for purposes of taxation, was declared unconstitutional: See sec. 4000, in note.

Classification of counties: See post," County Government Bill," in appendix.

4007. Same.

SEC. 4007. Whenever a new census is taken, the counties, on the first day of July next thereafter, are, by operation of law, classified under such census.






"The powers conferred upon boards of supervisors are not as broad as a glance at these provisions would indicate. Their power over



roads, wharves, chutes, piers, gas, etc., is
limited by the titles of the Political Code rela-
tive to these subjects:" Commissioners' note.

4022. Board, how many to compose.

SEC. 4022. Each county must have a board of supervisors, consisting:

1. In counties of the first class, of seven members; 2. In counties of the second class, of five members;

3. In counties of the third class, of three members. Unconstitutional amendment: See sec. 4000, in note.

"The board of supervisors is a special tribunal with mixed powers-administrative, legislative, and judicial—and jurisdiction over roads, ferries, and bridges is given it by the statute:" Waugh v. Chauncey, 13 Cal. 12. Supervisors exercise judicial functions in laying

4022 4046


out a public road: Damrellv. San Joaquin, 40 Id.
154. Amador county was specially declared a
county of the third class by act approved March
18, 1874; 1873-4, 443. Humboldt county was
constituted a county of the second class by act
approved March 18, 1876; 1875-6, 333.
But see, post, in appendix, "County Govern-
ment Bill.'

4023. Qualifications.

SEC. 4023. Each member of a board of supervisors must be an elector of the district he represents.

Amendment of 1880 unconstitutional: See note to sec. 4000.

4024. Term of office.

Section 4024, relating to the term of office of mediately: Statutes and Amendments, 1881, supervisors, was repealed by an amendment 73. This act was declared constitutional in approved March 7, 1881, and taking effect im- Treadwell v. Yolo Co., 62 Cal. 563. 4025. When number increased or decreased, what board must do.

SEC. 4025. If, under the classification, the number of supervisors of any county is either increased or diminished, the board of supervisors must redistrict the county into supervisor districts, as nearly equal in population as may be, to correspond with the number of supervisors to which it is, under the new classification, entitled. If the number is increased, at the first general election thereafter supervisors must be elected for such new districts in which no supervisors then acting reside; and if the number is decreased, no successors must be elected for supervisors whose terms expire until the number is decreased to that to which the county is entitled.

4026. Vacancy in board, how filled.

SEC. 4026. Whenever a vacancy occurs in the board of supervisors, from a failure to elect or otherwise, the county judge must fill the vacancy by appointing for the unexpired term some qualified elector of the district in which the

vacancy occurs.

1881, 73; which act was declared constitutional in Treadwell v. Yolo Co., 62 Cal. 563.

4027. Classification of members of board.

Section 4027 was repealed by an act approved An act of 1880, purporting to repeal this sec March 7, 1881: Statutes and Amendments section, was declared unconstitutional: See sec.

4000, and note.

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4028. Chairman, permanent and temporary.

SEC. 4028. The chairman must preside at all meetings of the board, and in case of his absence or inability to act, the members present must, by an order, select one of their number to act as chairman temporarily. Any member of the board may administer oaths to any person concerning any matter submitted to them or connected with their powers or duties.

An amendment of 1880 was declared unconstitutional: Leonard v. January, 56 Cal. 1. See sec. 4000, and note.

4029. Clerk, who is, and his compensation.

SEC. 4029. The clerk of the county is ex officio clerk of the board of supervisors. The records must be signed by the chairman and the clerk. The clerk must be paid such compensation as is provided by law, in full for all services as clerk of the board.

An amendment of 1880 was declared unconstitutional: See note, sec. 4000.

Signing public records: People v. E. L. & Y. C. Co., 48 Cal. 143; Pacheco v. Beck, 52 Id. 4.

4030. Duties of clerk.

SEC. 4030. The clerk of the board must:
1. Record all the proceedings of the board;

2. Make full entries of all their resolutions and decisions on all questions concerning the raising of money for and the allowance of accounts against the county;

3. Record the vote of each member on any question upon which there is a division, or at the request of any member present;

4. Sign all orders made and warrants issued by order of the board for the payment of money, and when he is not also the county auditor, certify the same to that officer;

5. Record the reports of the county treasurer of the receipts and disbursements of the county;

6. Preserve and file all accounts acted upon by the board;

7. Preserve and file all petitions and applications for franchises, and record the action of the board thereon;

8. Record all orders levying taxes; and,

9. Perform all other duties required by law or any rule or order of the board. "Rev. Stats. Iowa, 1860, p. 52, sec. 319; Stats. 1855, p. 52, sec. 5: " Commissioners' note.

4031. Books to be kept by the board.

SEC. 4031. The board must cause to be kept:

1. A "minute-book," in which must be recorded all orders and decisions made by them, and the daily proceedings had at all regular and special meetings;

2. An "allowance-book," in which must be recorded all orders for the allowance of money from the county treasury, to whom made, and on what account, dating, numbering, and indexing the same through each year;

3. A "road-book," containing all proceedings and adjudications relating to the establishment, maintenance, change, and discontinuance of roads, road districts, and overseers thereof, their reports and accounts;

4. A "franchise-book," containing all franchises granted by them, for what purpose, the length of time and to whom granted, the amount of bond and license tax required;

5. A "warrant-book," to be kept by the county auditor, in which must be entered, in the order of drawing, all warrants drawn on the treasury, with their

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