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must be made by writing, filed in the office of the appointing power or the office of its Clerk.

NOTE.-In Part IV it is provided that appointments of deputies of county officers, etc., must be filed in the office of the County Clerk.

ARTICLE VI.

OATH OF OFFICE.

SECTION 904. Oath, form of.

905. Oath of Governor and Lieutenant Governor.

906. Oath of members of the Legislature.

907. Oath, when taken.

908. Oath, before whom taken.

909. Oath, where filed.

910. Oath of Deputies, etc.

SEC. 904. Before any officer enters on the duties of oath, his office he must take and subscribe the following oath:

"I do swear [or affirm] that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of according to the best of my ability."

form of.

Oath of
Governor

Lieutenant

SEC. 905. The Governor and Lieutenant Governor must take the official oath in the presence of both Houses and of the Legislature in Convention assembled, and an entry Governor. of the fact must be made upon the Journals of each House.

SEC. 906. Members of the Legislature may take the oath of office at any time during the term for which they were elected.

Oath of

members of

the Legis

lature.

taken.

SEC. 907. Whenever a different time is not prescribed Oath, when by law the oath of office must be taken, subscribed, and filed within ten days after the officer has notice of his election or appointment, or before the expiration of fifteen days from the commencement of his term of office, when no such notice has been given.

SEC. 908. Except when otherwise provided, the oath

Oath, be

foto may be taken before any officer authorized to administer

taken.

Oath, where filed.

Oath of
Deputies,

etc.

oaths.

SEC. 909. Every oath of office, certified by the officer before whom the same was taken, must be filed within the time required by law, except when otherwise specially directed, as follows:

1. The oath of all officers whose authority is not limited to any particular county, in the office of the Secretary of State;

2. The oath of all officers elected or appointed for any county, and of all officers whose duties are local or whose residence in any particular county is prescribed by law, in the offices of the Clerks of their respective counties.

SEC. 910. Deputies, clerks, and subordinate officers must within ten days after receiving notice of their appointment take and file an oath in the manner required of their principals.

ARTICLE VII.

Certain

officers not

ested in

PROHIBITIONS APPLICABLE TO CERTAIN OFFICERS.

SECTION 920. Certain officers not to be interested in contracts.
921. Nor purchasers or vendors at certain sales.

922. Contracts in violation, voidable.

923. Certain officers prohibited from dealing in scrip, etc.

924. Auditing officers, duties of.

925. Treasurer, duties of.

926. When settlements must be withheld.

SEC. 920. Members of the Legislature, State, county,

to be in er- city, and township officers, must not be interested in any contract made by them in their official capacity, or by any body or Board of which they are members.

contracts.

Nor purchasers

or vendors at certain

sales.

Stats. 1851, p. 522.

SEC. 921. State, county, township, and city officers must not be purchasers at any sale nor vendors at any purchase made by them in their official capacity.

Stats. 1851, p, 522.

violation,

SEC. 922. Every contract made in violation of any of Contracts in the provisions of the two preceding sections may be voidable. avoided at the instance of any party except the officer interested therein.

officers

from

deali g in

scrip, etc.

SEC. 923. The State Treasurer and Controller, the Certain several county, city, or town officers of this State, their prohibited deputies and clerks, are prohibited from purchasing or selling, or in any manner receiving to their own use or benefit, or to the use or benefit of any person or persons whatever, any State, county, or city warrants, scrip, orders, demands, claims, or other evidences, of indebtedness against the State, or any county or city thereof, except evidences of indebtedness issued to or held by them for services rendered as such officer, deputy, or clerk, and evidences of the funded indebtedness of such State, city, town, or corporation.

Stats. 1852, p. 64.

SEC. 924. Every officer whose duty it is to audit and allow the accounts of other State, county, city, or town officers must, before allowing such accounts, require each of such officers to make and file with him an affidavit that he has not violated any of the provisions of this Article.

Auditing duties of.

offic rs,

duties of.

SEC. 925. Officers charged with the disbursement of Treasurer, public moneys must not pay any warrant or other evidence of indebtedness against the State, county, city, or town, when the same has been purchased, sold, received, or transferred contrary to any of the provisions of this Article.

SEC. 926. Every officer charged with the disbursement of public moneys, who is informed by affidavit that any officer whose account is about to be settled, audited, or paid by him, has violated any of the provisions of this Article, must suspend such settlement or payment, and cause such officer to be prosecuted for such violation.

When

settlements

must be

withheld.

ARTICLE VIII.

Title contested,

SALARIES OF OFFICERS WHEN TITLE IS CONTESTED.

SECTION 936. Title contested, salary must not be paid.

937. Pendency of suit must be certified by the Clerk.

SEC. 936. When the title of the incumbent of any office salary must in this State is contested by proceedings instituted in any not be paid. Court for that purpose, no warrant can thereafter be drawn or paid for any part of his salary until such proceedings have been finally determined.

Pendency

of suit must

by the

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SEC. 937. As soon as such proceedings are instituted, be certified the Clerk of the Court in which they are pending must certify the facts to the officers whose duty it would otherwise be to draw such warrant or pay such salary.

Clerk.

NOTE. This Article is founded upon the statute of 1860, p. 108. The Commission have extended the provisions of that Act from "State" to "all officers."

ARTICLE IX.

BONDS OF OFFICERS.

SECTION 947. Time for filing bond.

948. Approval, filing, and recording bonds of State officers.

949. Bond of Secretary of State, where filed.

950. Bonds of county and township officers, approval, filing,

and recording.

951. Record of official bond.

952. Approval must be indorsed on bond.

953. Bond not to be filed before approval.

954. Condition of bond.

955. Justification of sureties.

956. Sureties for less than the penal sum.

957. Custody of official bonds.

958. Form of bonds.

959. Construction of bonds.

960. Same.

961. Suits on bonds.

962. Same.

963. Defects in form, approval, fling, etc., not to vitiate.

964. Insufficiency of sureties.

965. Form of additional bond.

966. Force of original bond.

SECTION 967. Liability of officers and sureties.
968. Separate judgments on bonds.

969. Contribution between sureties.
970. Discharge of sureties.

971. Persons appointed to fill vacancies, bonds of.

972. Release of sureties.

973. Same.

974. Same.

975. When office may be declared vacant for want of official

bond.

976. Supplemental bond.

977. Same.

978. Same.

979. Same.

980. Effect of discharge of sureties.

981. Provisions of Article apply to bonds of administrator,

etc.

982. Bonds of receivers, assignees, etc.

983. Actions on official bonds, effect of.

984. Same.

985. Bonds of Deputies, Clerks, etc.

filing bond

SEC. 947. Every official bond must be filed in the Time for proper office within the time prescribed for filing the oath, unless otherwise expressly provided by statute.

SEC. 948. Unless otherwise prescribed by statute, the official bonds of State officers must be approved by the Governor, and filed and recorded in the office of the Secretary of State.

Approval, recording State

filing, and

bonds of

officers.

Bond of
Secretary

SEC. 949. The official bond of the Secretary of State must, after it is recorded, be filed in the office of the of State, Treasurer of State.

where filed.

Bonds of

county and

officers,

SEC. 950. Unless otherwise prescribed by statute, the official bonds of county and township officers must be township approved by the County Judge, recorded in the office of approval, the County Recorder, and then filed in the County recording. Clerk's office.

filing, and

official

SEC. 951. Official bonds must be recorded in a book Record of kept for that purpose and entitled "Record of Official bond. Bonds."

SEC. 952. The approval of every official bond must be

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