people of a county may waive compliance in unessential particulars with a statute passed for the benefit of the county, 30 Cal. 326, 343.

Powers-$ 4003; restrictions on, §§ 4004-4005; by whom exercised, $ 4001.

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. [In effect March 24, 1874.]

Officers or employes-county not liable for acts of, where appointed for public benefit, 21 Cal. 115.

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.

Names of counties-where given, $ 3902.
Actions-see $ 4003, subd. 1.

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.

Amendment 1880 declared unconstitutional-see $4000n. It substituted, at end of subd. 5, word "law" for words "this Code or by special statutes."

SUBDIVISION 1. Power to sue and be sued-county possesses, 6 Cal. 254, 676, 8 Cal. 303, (contra, 5 Cal. 288,) but not people of county, 15 Cal. 33. County may sue, in its own name, 27 Cal. 465; 30 Cal. 627, or may act as relator in mandamus proceedings, 26 Cal. 641. County may be sued, 6 Cal. 254; 7 Cal. 121; 8 Cal. 52; 10 Cal. 508, but no execution can issue against its property, 8 Cal. 52, nor can private property of an inhabitant thereof be levied upon under such writ, 10 Cal. 404, nor can it be held liable for an extra set of weights and measures, 13 Cal. 636.

SUBDIVISION 4. Power to control its property-county may assign warrant drawn in its favor by another county, so that holder may demand payment thereon, 10 Cal. 459.

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.

Amendment 1880 declared unconstitutional-See $ 4000n. It followed Const. Cal. 1879, art. 11, § 18. Section as given, based on Const. Cal. 1849, art. 11, § 10, and art. 4. § 37.

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.

Act of 1880, repealing section, declared unconstitutionalsee $ 4000n.

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 elass; and,

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

Amendment 1880 declared unconstitutional-see § 4000n. It provided for classification into ten classes, for purposes of taxation.

Amador County-declared county of third class, see Stats. 1874, p. 443.

Humboldt County-declared county of second class, see Stats. 1876, p. 333.

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.

$ 4022. Number of members of Board, in various classes of counties. $ 4023. Member must be elector of district.

4024. Term of office. (Repealed.)

§ 4025.

Proceedings of Board when number of members increased

or decreased.

§ 4026. Vacancy in Board, how filled.

$ 4027. Members, how classified for election. (Repealed.)

§ 4028. Chairman, permanent and temporary. Administration of

$ 4030.

oaths.

Clerk, and his compensation. Signature of records.

§ 4029.

Duties of Clerk.

Books to be kept by the Board.

§ 4032.

$ 4031.

§ 4033.

Regular meetings fixed. Other meetings.

Additional regular meetings may be fixed.

§ 4034. Special meetings, how called.

§ 4035. Meetings and records public.

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 1880-(see $ 4000n.,) fixed numbers of various classes of counties ranked as for purposes of taxation (see § 4006n.)

Board of Supervisors-forms quasi-political corporation, but members ave not judicial functions (contra, 40 Cal. 155; 41 Cal. 68), hence not liable to certiorari, 6 Cal. 679, but contra, see 16 Cal. 208; 18 Cal. 671; 42 Cal. 252; acts of legislative character by, not reviewable by certiorari, 52 Cal. 132. Legislature may constitutionally require to issue bonds for improvement of roads, 50 Cal. 561. Supervisor holding over after term, is usurper, 25 Cal. 117. Where made body politic and corporate by statute, county is, nevertheless, not a municipal corporation, 45 Cal. 692; cannot ratify invalid contract, 6 Cal. 531.

4023. Each member of a Board of Supervisors must be an elector of the district he represents.

Amendment 1880 declared unconstitutional-see § 4000n. It had an additional provision, requiring one year's continuance as elector, and forbidding election at large.

Elector-qualifications of, § 1083 and notes,

4024. Repealed. [In effect March 7, 1881.]

Section repealed in 1881-had been before ineffectually conformed to requirements of Const. Cal. 1879, by amdt. 1880, which was declared unconstitutional, see § 4000n. It was also held that election and term of Supervisors and other county officers, not altered by Const. Cal. 1879, but left to control of Legislature, in Barton v. Kalloch, September 28, 1880, 6 P. C. L. J. 338.

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.

Amendment 1880 declared unconstitutional-see § 4000n. It provided for election by districts, and re-districting, without regard to increase or decrease of numbers.

Basis of section-Stats. 1855, p. 51.

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.

Amendment 1880 declared unconstitutional-see $ 4000n. It provided that Superior Judges should fill vacancy caused by repeal of any special law.

County Judge-see § 4110n.

4027. Repealed. [In effect March 7, 1881.]

Section repealed in 1881-had been before ineffectually repealed by amdt. 1880, held unconstitutional and void; see § 4000n.

4028. The Chairman must preside at all meetings of the Board, and in case of his absence or inability to act, the members presentmust, 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.

Amendment 1880 held unconstitutional-see $ 4000n. It provided that the Supervisor should elect the chairman, to preside as set forth in present section; also, that any member of the Board could administer oaths to any person "when necessary in the performance of their official duties."

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.

Amendment 1880 declared unconstitutional-see $ 4000n. It substituted "County Clerk" for "Clerk of the County," in first sentence of section, inserted "and minutes," after "records"" in second sentence, and omitted third sentence.

Basis of section-Stats. 1855, p. 52.

Records must be signed-by Chairman and Clerk of Board: effect of requirement, 48 Cal. 143; 52 Cal. 4.

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 fran

chises, 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.

Basis of section-Stats. 1855, p. 52.

Signing records-see § 4029 and note.

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.