charges therefor, and for the transmission and return of the same to the proper officers. Stats. 1865-6, p. 511, sec. 7. 4065. Certificates issued as board of canvassers. 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. SEO. 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 "practic ing 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. SEO. 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 19 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 specified 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. 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. Improper county charges are illustrated by the following: Injuries by physician to patient at county hospital: Sherburne v. Yuba Co., 21 Cal. 113; damages occasioned by the want of proper repair to a bridge on a public highway: Huffman v. San Joaquin Co., 21 Id. 426; or sustained by individuals on account of the overflow of a stream of water caused by the manner in which the road overseers had placed the abutments of a bridge: Crowell v. Sonoma Co., 25 Id. 313; medical care of persons not alleged to be indigent and residents of the county: Johnson v. Santa Clara Co., 28 Id. 545; but see note to People v. Corporation of Albany, 27 Am. Dec. 99. Revoking disallowance of claim: Tilden v. Sacramento Co., 41 Cal. 68. 4075. Claimant may sue when, and when recover costs. SEO. 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 with the costs adjudged; but if no more is recovered than the board allowed, 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 and ornamental trees, was repealed by act of 4081. Require assessors to report statistics. April 27, 1880; Amendments 1880, 100 (Ban. ed. 534); took effect July 1, 1880, at 12 o'clock м. 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 commercial 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. 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 un1. 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- 4300 XIL CONSTABLES, JUSTICES OF THE PEACE, AND INFERIOR OFFICERS 4314 VII. COUNTY RECORDER.. DISTRICT ATTORNEY.. 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 elector 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 |