4086. What may be recovered on bond.

SEC. 4086. Any supervisor who neglects or refuses to perform any duty imposed on him, without just cause therefor, or who willfully violates any law provided for his government as such officer, or fraudulently or corruptly performs any duty imposed on him, or willfully, fraudulently, or corruptly attempts to perform an act, as supervisor, unauthorized by law, in addition to the penalty provided in the Penal Code, forfeits to the county five hundred dollars for every such act, to be recovered on his official bond, and is further liable on his official bond to any person injured thereby for all damages sustained.

Supervisor's neglect of duty occasioning supervisor: Santa Cruz R. R. v. Santa Clara loss imposes responsibility personally on the Co., 62 Cal. 180.

4087. Chapter does not apply to San Francisco.

SEC. 4087. This chapter does not apply to the city and county of San Francisco. An amendment designed to accomplish the constitutional in Leonard v. January, 56 Cal. same purpose as this section was declared un- 1. See sec. 4000, and note.

An Act to authorize the boards of supervisors of the several counties of this state to transfer certain funds.

Transfer of funds.

[Approved April 23, 1880; 1880, 133 (Ban. ed. 399).}

SECTION 1. The boards of supervisors of every county in this state, when they deem it expedient and for the best interest of the county, are hereby authorized and empowered to transfer moneys remaining in the swamp-land fund, and such moneys as may remain in any of the sinking funds of the county, to the general county fund of such county, which transfer or transfers shall be deemed as a loan from said swamp-land, or such sinking fund, to said general county

fund.

Repayment.

SEC. 2. Whenever it shall be necessary to repay the amount so transferred or loaned to the swamp-land or sinking fund from which the same has been transferred, or any part thereof, the board of supervisors shall cause a warrant to be drawn upon said general county fund for the amount so loaned or transferred, or any part thereof; and said warrant shall be a preferred claim upon said general county fund over and above all warrants outstanding against said fund, and shall be paid out of the first moneys received in such general county fund.

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 All acts or parts of acts in conflict with the provisions of this act are hereby repealed.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

XI. ASSESSORS, TAX COLLECTORS, SCHOOL SUPERINTENDENT, PUBLIC ADMINIS-
TRATOR, AND COMMISSIONER OF HIGHWAYS.

4300

4314

XII. CONSTABLES, JUSTICES OF THE PEACE, AND INFERIOR OFFICERS

ARTICLE I.

GENERAL PROVISIONS.

4101. Age, citizenship, and residence, as to county officers.

SEC. 4101. No person is eligible to a county office who at the time of his election is not of the age of twenty-one years, a citizen of the state, and an elec

tor of the county in which the duties of the office are to be exercised.

Qualification for civil office: See secs. 841 et seq., ante.

Elector defined: Sec. 59, ante

4102. Same, as to district and township officers.

SEC. 4102. No person is eligible to a district or township office who is not of the age of twenty-one years, a citizen of the state, and an elector of the district or township in which the duties of the office are to be exercised, or for which he is elected.

See references in note to last section.

4103. County officers enumerated.

SEC. 4103. The officers of a county are:

A county judge;

A treasurer;

A county clerk;

An auditor;

A sheriff;

A tax collector;

A district attorney;
A recorder:

An assessor;

A surveyor;

A school superintendent;

A coroner;

A public administrator;

A board of supervisors; and,

In counties of the first class, for highway purposes,

A commissioner of highways.

Act of 1880, adopting an amendment, was declared unconstitutional in Leonard v. January, 56 Cal. 1. See sec. 4000, and note.

4104. Township and other inferior officers.

SEO. 4104. The officers of townships are two justices of the peace, two constables, and such other inferior and subordinate officers as are provided for elsewhere in this code, or by the board of supervisors.

For reference to special acts changing the An amendment of 1880 was declared uncon above provision in certain counties, see post, stitutional: See note to last section.

sec. 4109.

4105. Offices united and consolidated.

SEC. 4105. In all the counties of the third class:

1. The county clerk shall be ex officio auditor and recorder;

2. The sheriff shall be ex officio tax collector; and,

3. The coroner shall be ex officio public administrator. The act of 1880, attempting to repeal this and section 4106, was declared unconstitutional in Leonard v. January, 56 Cal. 1. See sec. 4000, ante, and note.

Consolidating offices. In the absence of constitutional inhibition, there is no objection to the union of offices whose duties are similar. Examples of this union in this state are county 4106. Consolidating offices by the board.

clerk and county recorder: People v. Durick, 20 Cal. 94; People v. Darrach, 9 Id. 324; People v. Ross, 48 Id. 76; sheriff and tax collector: Merrill v. Gorham, 6 Id. 43; sheriff and coroner: People v. Phoenix, Id. 92.

Bonds required for each office: See note to sec. 947, ante.

SEC. 4106. By an ordinance adopted, recorded, and published at least thres months prior to a general election at which county officers are to be elected, the boards of supervisors of counties of the second class may unite and consoli

date certain offices by declaring that:

1. The recorder elected shall be ex officio auditor;

2. The county clerk elected shall be ex officio auditor and recorder;

3. The sheriff elected shall be ex officio tax collector; and,
4. The coroner elected shall be ex officio public administrator.

An Act to provide for public administrators in certain cases.
[Approved March 30, 1872; 1871–2, 796.]

Public administrators failing to qualify.

SECTION 1. If the public administrator of any county of this state fails to qualify, or in person fails to perform the duties of his office, the coroner of such county shall be ex officio public administrator; and in case both public administrator and coroner fail to qualify, or to perform the duties appertaining thereto, the supervisors shall appoint a suitable person to be public administrator; and all laws applicable to the qualification, powers, duties, and compensation of public administrator shall apply to the coroner or appointee of the supervisors as aforesaid. SEC. 2. This act shall take effect and be in force from and after its passage.

SEC. 4107. When there is an omission by the board of supervisors to consolidate and to advertise the consolidation of offices as in the preceding section authorized, each office not so consolidated must be filled by an election.

4108. Oath, bond, and fees of consolidated officer.

SEC. 4108. When officer are united and consolidated, either by the code or by order of the supervisors, the person elected to fill the offices so united and consolidated must take the oath and give the bond required for each, discharge all the duties pertaining to each, and receive the compensation affixed to the offices.

4109. County officers, when elected, and term of.

SEC. 4109. All elective county, city and county, and township officers, except superior court judges, superintendents of schools, and assessors, shall be elected at the general election to be held in the year eighteen hundred and eighty-two, and at the general election to be held every second year thereafter, and shall take office on the first Monday after the first day of January next succeeding their election, and shall hold office for two The years. that said years officers are to hold office are to be computed respectively from and including the first Monday after the first day of January of any one year to and excluding the first Monday after the first day of January of the next succeeding year; provided, that all supervisors and justices of the peace shall take office on the first Monday after the first day of January next succeeding their election, and shall hold office for two years. The years during which a supervisor and justice of the peace is to hold office are to be computed respectively from and including the first Monday of January of any one year to and excluding the first Monday of January next succeeding. Assessors of every county, and of every city and county, shall be elected at the general election to be held on the first Tuesday after the first Monday in November, eighteen hundred and eighty-two, and at the general election to be held every four years thereafter, and shall hold office for the term of four years from and after the first Monday after the first day of January next succeeding their election. [Amendment, approved March 7, 1881; Statutes and Amendments 1881, 73; took effect immediately.] The act of 1880, amending this section, was declared unconstitutional in Leonard v. January, 56 Cal. 1.

Time of elections: See Staude v. Election

Commissioners, 61 Cal. 313. But the amend ment of 1881 above was upheld in Treadwell v. Yolo Co., 62 Id. 563.

An Act to abolish the office of county assessor in the county of Alameda, and to create township

Assessors in Alameda county.

assessors therein.

[Approved February 10, 1874; 1873-4, 90.]

SECTION 1. The term of office of the county assessor of Alameda county shall expire on the first Monday of March, eighteen hundred and seventy-four, and each township in said county

shall thereafter be an assessment district.

Township assessors.

SEC. 2. There shall be elected by the qualified electors of each township, at the general election in the year eighteen hundred and seventy-five, and at each general election thereafter, an assessor for and in each township in said county. Such assessors shall take their office on the first Monday of the month of March following the election.

Election and term of office.

SEC. 3. There shall be held a special election for township assessors, as provided for in this act, in said county, on the third Saturday of February, eighteen hundred and seventy-four, which election shall be subject to the general election law; provided, however, that only five days' notice of said special election shall be required, and that the copies of the great register used at the general election of eighteen hundred and seventy-three shall be used in said special election. The assessors so elected shall take their office on the first Monday of March, eighteen hundred and seventy-four, and hold the same until the first Monday of March, eighteen hundred and seventy-six, and until their successors are elected and qualified Qualification.

SEC. 4. The township assessors shall give bonds and qualify as other township officers, and

each bond shall be in such sum as the board of supervisors of the county shall fix. Duties.

SEC. 5. The township assessors, in their several townships, shall discharge all the duties,

assessors.

They shall, in their respective townships, collect all poll-taxes, for which they shall receive ten per cent of the amount so collected; and, as assessors, they shall further receive six dollars each per day for each day actually employed in making the assessment, and for each day of attendance on the board of equalization, when their attendance is required by said board. For collecting personal property taxes, they shall receive the same compensation as is allowed by law to the tax collector for similar services. They shall have power to appoint a deputy, or deputies, the number of whom, and their compensation, shall be fixed by the board of supervisors; provided, such deputies shall not receive compensation to exceed five dollars per day for each day actually employed in making the assessment.

SEC. 6. All acts in conflict herewith are hereby repealed, and this act shall take effect immediately.

SEC. 4110. The election and terms of office of county judges and justices of peace are provided for in Title I. of the Code of Civil Procedure.