the money arising from such levies shall be known as the bond fund, and shall be used for the payment of bonds and interest coupons, and for no other purpose whatever; and the treasurer shall open and keep in his books a separate and special account thereof, which shall at all times show the exact condition of said bond fund. [New section, approved April 16, 1880; Amendments 1880, 63 (Ban. ed. 315); took effect from passage.]

4051. Redemption.

SEC. 4051. Whenever the amount in the hands of the treasurer belonging to the bond fund, after setting aside the sum required to pay the interest maturing before the next levy, is sufficient to redeem one or more bonds, he shall notify the owner of such bond or bonds, by advertising in any newspaper published in the county, not less than once a week for three successive weeks, and in some newspaper of general circulation published in the city of San Francisco, not less than once a week for three successive weeks, that he is prepared to pay the same, with all interest accrued thereon, and that if not presented for payment or redemption within forty days after the date of the publication of such notice, the interest on such bonds shall cease, and the amount due thereon shall be set aside for its payment whenever presented. If said bonds are not so presented, interest shall cease, and the amount due be set aside as specified in said advertisement. All redemptions shall be made in the exact order of their issuance, beginning at the lowest or first number, and the notice herein required shall be directed to the post-office address of the owner, as shown by the record kept in the treasurer's office. [New section, approved April 16, 1880; Amendments 1880, 64 (Ban. ed. 315); took effect from passage.] 4052. Failure to levy tax, owner may file bond with state controller.

SEC. 4052. If the board of supervisors of any county which has issued bonds under the provisions of this chapter shall fail to make the levy necessary to pay such bonds, or interest coupons at maturity, and the same shall have been presented to the county treasuer, and the payment thereof refused, the owner may file the bond, together with all unpaid coupons, with the state controller, taking his receipt therefor, and the same shall be registered in the state controller's office; and the state board of equalization shall, at their next session, and at each annual equalization thereafter, add to the state tax to be levied in said county a sufficient rate to realize the amount of principal or interest past due, and to become due, prior to next levy, and the same shall be levied and collected as a part of the state tax, and paid into the state treasury, and passed to the special credit of such county as bond tax, and shall be paid by warrants, as the payments mature, to the holder of such registered obligations, as shown by the register in the office of the state controller, until the same shall be fully satisfied and discharged; any balance then remaining being passed to the general account and credit of said county. [New section, approved April 16, 1880; Amendments 1880, 61 (Ban. ed. 315); took effect from passage.]

ARTICLE III.

OTHER POWERS AND RESTRICTIONS.

4064. Provide appliances for holding elections.

SEC. 4064. The board must provide all poll-lists, poll-books, blank returns, and certificates, proclamations of elections, and other appropriate and necessary appliances for holding all elections in the county, and allow reasonable

charges therefor, and for the transmission and return of the same to the officers.

Stats. 1865-6, p. 511, sec. 7.

4065. Certificates issued as board of canvassers.

proper

SEC. 4065. Whenever, as canvassers, the board of supervisors have declared the result of an election held in the county, certificates must be by their clerk issued to all persons elected to a county office or to a township or district office therein, and such other certificates must be made out and transmitted as required by the title relative to "Elections."

Stats. 1861, p. 511, sec. 2. See secs. 1283, 1284, 1285, ante.

Certificate but prima facie evidence of

election: Magee v. Calaveras Co., 10 Cal. 376; and same principle: Calaveras Co. v. Brockway, 30 Id. 325.

4066. Appointments must be made on petition.

SEC. 4066. No appointment to fill a vacancy in office must be made by the board except upon petition, signed by at least thirty qualified electors of the county, if for a county office, or by not less than fifteen of the qualified electors of the township or district, if for a township or district office.

Stats. 1863, p. 26, sec. 1.

Appointment on petition.-The "practicing physician of the Yuba county hospital" is

a county office, a vacancy in which must be filled pursuant to this section: People v. Harrington, 63 Cal. 257.

4067. Power to require attendance of witnesses.

SEC. 4067. The board may, by their chairman or the chairman of any committee, issue subpoenas to compel the attendance of any person and the production of any books or papers relating to the affairs of the county, for the purpose of examination upon any matter within their jurisdiction.

4068. Examination of witnesses.

SEC. 4068. A witness is bound to attend, when served, and to answer all questions which he would be bound to answer in the same case before a court of justice. Disobedience to the subpoena, or to an order to attend, or to testify, may be enforced by the board, and for that purpose the board has all the powers conferred by, and the witness is subject to all the provisions of, Chapter II., Title III., Part IV., of the Code of Civil Procedure.

See Code Civ. Proc., secs. 1985 et seq.

4069. Officers and witnesses not to be prepaid.

SEC. 4069. Neither the officers serving subpoenas nor the witnesses subpoenaed to testify in relation to matters of public concern before the board of supervisors are entitled to have their fees prepaid, but officers must serve the subpœnas and witnesses must attend without their fees being prepaid. The board must allow them reasonable compensation for services and attendance.

4070. When board must not allow claims or contract debts.

SEC. 4070. The board must not for any purpose contract debts or liabilities, except in pursuance of law or under ordinances of their own, adopted in accordance with the powers herein conferred; and whenever debts and liabilities have been created which, added to the salaries of county officers, and other estimated liabilities fixed by law for the remainder of the year, equal in the aggregate the revenue of the county for current expenses, no further allowance of any accounts must be made.

Stats. 1855, p. 54, sec. 16.

"Revenue" here means, not the actual amount received, but the supervisors' estimate

of what the revenue will be: Babcock v. Goodrich, 47 Cal. 488.

4071. County officer not to present certain claims against county.

SEC. 4071. No county officer shall, except for his own service, present any claim, account, or demand, for allowance against the county, nor in any way advocate the relief asked on the claim or demand made by another. Any citizen and tax-payer of the county in which he resides may appear before the board and oppose the allowance of any claim or demand made against the county. Amendment, approved April 1, 1876; Amendments 1875-6, 65; took effect sixtieth day after passage.]

Stats. 1855, p. 55, sec. 21.

Claims against county: See secs. 4046, 4076, and notes thereto.

4072. Account, how made and prosecuted.

SEC. 4072. The board of supervisors must not hear or consider any claim in favor of an individual against the county unless an account properly made out, giving all items of the claim, duly verified as to its correctness, and that the amount claimed is justly due, is presented to the board within a year after the last item of the account accrued.

257. And must be presented within the speci fied time: Carroll v. Siebenthaler, 37 Id. 193; and this though the claim be a judgment: Alden v. Alameda, 43 Id. 270.

Stats. 1865-6, p. 836, sec. 1, modified. Claim must be presented as prescribed by law. -Data must be given to intelligently determine the amount due: Christie v. Sonoma Co., 60 Cal. 164. The item may be given by referring to statement attached to claim: Babcock v. Goodrich, 47 Id. 508. It must be verified: See McCormick v. Tuolumne Co., 37 Id. 4073. Account must be filed prior to session.

San Francisco.-The above section has no application to the city and county of San Francisco: Lehn v. City and Co. of S. F., 4 West Coast Rep. 353.

SEC. 4073. No account must be necessarily passed upon by the board unless made out as prescribed in the preceding section and filed by the clerk at least one day prior to the session at which it is asked to be heard.

For original statute, see last section.

4074. What claims to be rejected-Proceedings on part allowance.

SEC. 4074. When the board finds that any claim presented is not payable by the county, or is not a proper county charge, it must be rejected; if they find it to be a proper county charge, but greater in amount than is justly due, the board may allow the claim in part, and draw a warrant for the portion allowed, on the claimant filing a receipt in full for his account. If the claimant is unwilling to receive such amount in full payment, the claim may be again considered at the next regular succeeding session of the board, but not

afterwards.

For original statute, see section 4072.

manner in which the road overseers had placed Improper county charges are illustrated by the abutments of a bridge: Crowell v. Sonoma the following: Injuries by physician to patient Co., 25 Id. 313; medical care of persons not of th Cal. 113; damages occasioned by the want of county: Johnson v. Santa Clara Co., 28 d. of proper repair to a bridge on a public highway: 545; but see note to People v. Huffman v. San Joaquin Co., 21 Id. 426; or Albany, 27 Am. Dec. 99. sustained by individuals on account of the overflow of a stream of water caused by the 4075. Claimant may sue when, and when

Corporation

Revoking disallowance of claim: Tilden

v. Sacramento Co., 41 Cal. 68.

recover costs.

SEC. 4075. A claimant dissatisfied with the rejection of his claim or demand, or with the amount allowed him on his account, may sue the county therefor at any time within six months after the final action of the board, but not afterward; and if in such action judgment is recovered for more than the board allowed, on presentation of the judgment the board must allow and pay the same, together

the board must pay the claimant no more than was originally allowed.

Stats. 1855, p. 54, sec. 14. Claimant could not sue without statutory authority so to do: Hastings v. San Francisco, 18 Cal. 49. No action can be prosecuted against

the county until the demand has been first presented to the board of supervisors for allowance, and has been rejected: Alden v. Alameda, 43 Id. 272; Rhoda v. Alameda Co., 52 Id. 350.

4076. What warrants must specify; how presented and paid.

SEC. 4076. Warrants drawn by order of the supervisors on the county treasury for the current expenses during each year must specify the liability for which they are drawn, and when they accrued, and must be paid in the order of presentation to the treasurer. If the fund is insufficient to pay any warrant, it must be registered, and thereafter paid in the order of its registration.

For original statute, see section 4072. County warrants are not negotiable-instruments: People v. El Dorado Co., 11 Cal. 171; Dana v. San Francisco, 19 Id. 486; People v. Gray, 23 Id. 125; Keller v. Hicks, 22 Id. 457; Christy v. Sullivan, 50 Id. 337. If illegal when issued, they acquire no legality by assignment: People v. El Dorado Co., supra; Christy v. Sullivan, supra. The holder cannot maintain an action upon it as upon a negotiable instrument: Dana v. San Francisco, supra; Keller v. Hicks, supra.

Registering warrant makes the holder a preferred creditor: Taylor v. Brooks, 5 Cal. 332; La Forge v. McGee, 6 Id. 285; McDonald v. Bird, 18 Id. 197.

Payment should be only to owner or assignee of the warrant: People v. Gray, 23 Cal. 125. And only warrants for accounts legally chargeable should be paid: Keller v. Hyde, 20 Id. 593; Perry v. Ames, 26 Id. 372; Trinity County v. McCammon, 25 Id. 117; Connor v. Morris, 23 Id. 447; Linden v. Chase, 46 Id. 171.

4077. In what transactions supervisors not to be interested.

SEC. 4077. No member of the board must be interested, directly or indirectly, in any property purchased for the use of the county, nor in any purchase or sale of property belonging to the county, nor in any contract made by the board or other person on behalf of the county, for the erection of public buildings, the opening or improvement of roads, or the building of bridges, or for other purposes.

Stats. 1855, p. 55, sec. 22. See secs. 920, 926. Member of board of supervisors cannot enter into contract with a corporation in which he holds stock: San Diego v. S. D. & L. A. R. Co.,

44 Cal. 106. And the board must reject a claim arising out of contract made while the claimant was supervisor: Domingos v. Supervisors, 51 Id. 608.~

4078. Transfer of applications, in what cases made.

SEC. 4078. Whenever an application is made to the board for an order, franchise, or license relating to any toll-road, bridge, ferry, wharf, chute, pier, or other subject over which the board has jurisdiction, in which a majority of the board are not disinterested, the application, by order of the board, must be transferred to the board of supervisors of an adjoining county; the clerk of the board must thereupon certify the application and all orders and papers relating thereto to the board to which the transfer is ordered; and thereafter the board to which the same is certified has full jurisdiction to hear and determine the application. [Amendment, approved April 3, 1880; Amendments 1880, 23 (Ban. ed. 113); took effect immediately.]

4079. Notices, how given.

SEC. 4079. All public notices of proceedings of or to be had before the board, not otherwise specially provided for, must be posted at the court-house door, and in each election precinct in the county. [Amendment, approved March 30, 1874; Amendments 1873-4, 56; took effect July 6, 1874.]

4080. Cultivation of shade and ornamental trees.

Section 4080, relating to cultivation of shade April 27, 1880; Amendments 1880, 100 (Ban. ed. and ornamental trees, was repealed by act of 534); took effect July 1, 1880, at 12 o'clock M.

4081. Require assessors to report statistics.

SEC. 4081. The board must require assessors to report to the surveyor-general annually a true statement of the agricultural and industrial pursuits and prod

ucts of the county, with such other statistical information as they may by ordinance direct, and enforce obedience of the assessor thereto by deducting such proportion of his compensation as assessor as to them may seem appropriate, for a failure to comply with the order.

Stats. 1865-6, p. 201, secs. 1, 2.

4082. Claims in favor of supervisors.

SEC. 4082. All claims against the county presented by members of the board of supervisors for per diem and mileage, or other service rendered by them, must be verified as other claims, and must state that the service has been actually rendered.

Verification: See sec. 4072.

selling stock owned by the county in a railroad:

Supervisors can make no claim for services in Andrews v. Pratt, 44 Cal. 309.

4083. Annual statement; when made, and what to contain.

SEC. 4083. The board must have prepared by the clerk, and when he is not also auditor, then by that officer, and under their direction, prior to their regular November meeting, a statement, in duplicate, showing:

1. The indebtedness of the county, funded and floating, the amount of each class, and the rate of interest borne by each class of such indebtedness, or any part thereof;

2. A concise description of all. property owned by the county, with an approximate estimate of the value thereof, and the amount of cash in the county treasury subject to the payment of such indebtedness;

3. The rate of taxation for county purposes, as shown by the last levy made by the board.

One of the statements mentioned in this section must be filed with the board on the first day of the November meeting, and the other forwarded immediately, by mail or express, to the controller of state. The controller of state shall include in his biennial reports to the governor a digest and synopsis, in tabular form, of all reports received by him under the provisions of this section, and shall name therein the counties, if any, which have failed to make the reports as herein provided. [Amendment, approved March 28, 1878; Amendments 1877-8, 66; took effect immediately.]

4084. Receive and apply donations of land, etc., to specific purposes.

SEC. 4084. The board must receive from the United States, or other sources, lands and other property granted or donated to the county for the purpose of aiding in the erection of county buildings, roads, bridges, or other specific purposes, and may use the same therefor, and may provide for the sale of the same and the application of the proceeds thereof.

"Stats. 1867-8, p. 69, sec. 1; also Stats. 1870, 757; 1870, 763 (entire acts):" Commissioners'

note.

4085. Improve streams not navigable.

SEC. 4085. The board may provide for widening, deepening, straightening, removing obstructions from, and otherwise improving, all streams within the county for use as public highways for rafting and floating lumber, when such streams are not declared by law to be and are not in fact navigable for commer cial purposes, and provide regulations for the use thereof; but no regulations of the board, nor improvements directed, must in any manner interfere with

the private rights or privileges of riparian owners, miners, or others. Floating lumber: Sec. 2389, ante.

Navigable streams: Sec. 2348, ante, and note.