§ 815. § 816. $ $17. Fees. List of Commissioners to be published. 811. The Governor may appoint in each State of the United States, or in any foreign State, one or more Commissioners of Deeds, to hold office for the term of four years from and after the date of their commission. Commissioners of Deeds-see throughout this article, notes on Notaries in preceding article. 812. Every Commissioner of Deeds has power, within the State for which he is appointed: 1. To administer and certify paths; 2. To take and certify depositions and affidavits; 3. To take and certify the acknowledgment or proof of powers of attorney, mortgages, transfers, grants, deeds, or other instruments for record; 4. To provide and keep an official seal, upon which must be engraved the arms of this State, the words Commissioner of Deeds for the State of California," and the name of the State for which he is commissioned; 5. To authenticate with his official seal all his official acts. SUBDIVISION 3. Acknowledgments-out of State, see Civil Code, § 1182, subd. 3; before Code, not by Notary, 2 Cal. 498; but now see Civil Code, § 1182, subd. 4. 813. All oaths administered, depositions and affidavits taken, and all acknowledgments and proofs certified by Commissioners of Deeds, have the same force and effect, to all intents and purposes, as if done and certified in this State by any officer authorized by law to perform such acts. 814. The official oaths of Commissioners of Deeds must be filed in the office of the Secretary of State within six months after they are taken. 815. The fees of Commissioners of Deeds are the same as those prescribed for Notaries Public. 816. The names of all persons appointed Commissioners must be published three times in some weekly newspaper published at the seat of government of the State. 817. The Secretary of State must transmit, with the commission to the appointee, a certified copy of this Article, and of Section 798. ARTICLE V. OTHER OFFICERS. § 827. Court Commissioners. $ 828. Secretary and Bailiff of the Supreme Court. §829. Phonographic Reporters. $830. Clerks, Sheriffs, Coroners, and other county officers, etc. 827. The mode of appointment, powers, and duties of Court Commissioner are fixed by Chapter II., Title III., Part I., of THE CODE OF CIVIL PROCEDURE. Court Commissioners-Code Civ. Proc., §§ 258, 259. 828. The mode of appointment, powers, and duties of the Secretary and Bailiff of the Supreme Court are fixed by Chapter II., Title IV., Part I., of THE CODE OF CIVIL PROCEDURE. Secretaries and Bailiffs of Supreme Court-Code Civ. Proc., SS 265, 266; salaries, §739 of this Code. 829. The mode of appointment, powers, and duties of Phonographic Reporters are fixed by Chapter III., Title IV., Part I., of THE CODE OF CIVIL PROCEDURE, and Sections 769 and 770 of this Code. Phonographic reporters-Code Civ. Proc., §§ 268-274. Of Supreme Court, salary, § 739 of this Code. 830. The mode of election of Clerks, Sheriffs, Coroners, and other county and township officers, is fixed by Part IV. of this Code. County officers-election of, § 4109. 831. The admission of attorneys and counselors at law is provided for and their duties fixed in Chapter I., Title V., Part 1., of THE CODE OF CIVIL PROCEDURE. Attorneys and counsellors at law-Code Civ. Proc., §§ 275-299. VIII. SALARIES, WHEN TITLE IS CONTESTED. IX. BONDS OF OFFICERS. X. RESIGNATIONS, VACANCIES, AND THE MODE OF SUPPLYING THEM. XI. PROCEEDINGS TO COMPEL DELIVERY OF BOOKS AND PAPERS. XII. MISCELLANEOUS PROVISIONS. ARTICLE I. DISQUALIFICATIONS. § 841. Age and citizenship. § 842. Other disqualifications. § 843. County officer not to act as deputy. 841. No person is capable of holding a civil office who at the time of his election or appointment is not of the age of twenty-one years and a citizen of this State. Persons-§§ 37,50-52.54-60. Civil office-as distinguished from military, see as to executive officers, $341; that of County School Superintendent is, 52 Cal. 36. Over twenty-one-see Civil Code, § 25, subd. 1. Women eligible to educational offices, Stats. 1874, p. 356. Citizenship-as requisite for judicial officers, Code Civ. Proc., $$ 156, 157, 159; of women over twenty-one years of age, qualification for educational offices, Stats. 1874, p. 356. Citizens of this State-§ 51. 842. Provisions respecting disqualification for particular offices are contained in the Constitution and in the provisions of the Codes concerning the various offices. Disqualification for holding office-by Const. Cal.: Bribery as, art. 20, $$ 10, 11; Duelling 'as, art. 20, § 2; Embezzlement or defalcation as, art. 4, § 20; Federal officers, of, art. 4, § 20, and Desty's Const. Cal. 250; Forgery as, art. 20, § 11; Governor, of, art. 5, § 3: while holding other office, art. 5, § 12; High crimes as, art. 20, § 11; Impeachment, judgment in as, art. 4, § 18; Judicial officers, of, for post of non-judicial character, art. 6, § 18; Legislature, members of, art. 4, §4: what civil office of profit ineligible to, art. 4, § 19: if influenced by reward or promise thereof, art. 4, §35; Lieutenant-Governor, from holding other office, art. 5, § 15; Malfeasance in office as, art. 20, §11; Perjury as, art. 20, § 11. By Codes, judicial officers, Code Civ. Proc., §§ 156, 157, 159. Sex not a disqualification for any occupation, Const. Cal., art. 20, 8 18; women eligible to educational offices, Stats. 1876, p. 356; female teachers to receive same compensation as males, Stats. 1874, p. 938. Fees-what judicial officers not to receive, Const. Cal., art. 6, § 15. 843. No county officer must be appointed or act as the deputy of another officer of the same county, except in cases where the pay of the officer so appointed amounts to a sum less than seventy-five dollars per month. [In effect March 15, 1876.) Powers of deputies-$ 865. ARTICLE II. RESTRICTIONS UPON THE RESIDENCE OF OFFICERS. $852. Certain officers must reside in Sacramento. 852. The following officers must reside at and keep their offices in the City of Sacramento: The Governor; Secretary of State Controller; Treasurer of State; Attorney-General; Surveyor-General; State Printer; Superintendent of Public Instruction; Justices of the Supreme Court; Clerk of the Supreme Court; Reporters of the Supreme Court; and Adjutant-General. Origin of section-extension of Stats. 1854, p. 58. Residence-rules for determining, § 52, and note. Generally, see notes to § 52. Right of Legislature to prescribe conditions for holding office, see Legislative control over offices, § 6n. Justices of Supreme Court, eligibility based on, see Code Civ. Proc., § 156. Other judicial officers, see § 851. 853. No officer mentioned in the preceding section must absent himself from the State for more than sixty days, unless upon business of the State, or with the consent of the Legislature. [In effect March 13, 1883.] Absence from State-of judicial officers, forfeiture of office for, Const. Cal., art. 6, § 9; not vacancy to be filled by Executive, and Act authorizing same is unconstitutional, 2 Cal. 610. Of Governor, effect of, Const. Cal., art. 5, § 17. Business of the State-absence from State on, not to affect residence of any person, Const. Cal., art. 20, § 12. Consent of the Legislature-not to be given to absence of judicial officer, Const. Cal., art. 6, § 9. 854. Restrictions upon the residence of other judicial officers are contained in THE CODE OF CIVIL PROCEDURE. Other judicial officers-restrictions on residence of, Code Civ. Proc., §§ 157-159. 855. Restrictions upon the residence of county officers are contained in Part IV of this Code. County officers-restrictions upon residence of, §§ 4101, 4119. ARTICLE III. POWERS OF DEPUTIES. § 865. Powers of Deputies. 865. In all cases not otherwise provided for, each deputy possesses the powers and may perform the duties attached by law to the office of his principal. Deputies-appointment of, §§ 876, 894; oath of, § 910. All necessary deputies-may be appointed by most county and township officers, § 4112. Powers of deputies-extensive as those of their principals, 25 Cal. 184, but must be exercised in name of principals, 5 Cal. 449. Ministerial officers-may appoint and act by deputies, 4 Cal. 188; 35 Cal. 711. ARTICLE IV. APPOINTMENT AND DURATION OF TERMS. §875. Appointments, when not otherwise provided for. $876. Deputies and subordinate officers. §877. Number of deputies. § 878. Term of office, when not prescribed. § 879. Holding over until successor is qualified. 875. Every officer, the mode of whose appointment is not prescribed by the Constitution or statutes, must be appointed by the Governor. Governor-to see that all offices filled. § 380, subd. 2; to make appointments mentioned in Code, § 380, subd. 3. |