ARTICLE I. GENERAL PROVISIONS. SECTION 4101. Age, citizenship, and residence as to county officers. 4102. Same as to district and township officers. 4103. County officers enumerated. 4104. Township and other inferior officers. 4105. Offices united and consolidated. 4106. Consolidating offices by the Board. 4107. Omission to consolidate. 4108. Oath, bond, and fees of consolidated offices. 4109. County officers, when elected, and term of office. 4110. County Judges' and Justices' election, and term of office. 4111. Supervisors, when elected. 4112. May appoint deputies. 4113. Same. 4114. Official name of principal officer includes deputies. 4115. Vacancies, how filled. 4116. What offices to be kept at county seat. 4117. Civil penalty for non-performance of duty attached to official bond. 4118. County officers may administer oaths. 4119. Certain officers must reside at county seat. Age, SEC. 4101. No person is eligible to a county office who citizenship, and at the time of his election is not of the age of twenty-one residence years, a citizen of the State, and an elector of the county in which the duties of the office are to be exercised. 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. SEC. 4103. The officers of a county are: as to county officers. Same as to district and township officers. County officers enu A County Judge; A Treasurer; A County Clerk; An Auditor; merated. Township and other inferior officers. Offices united and consoli dated. Consolidating offices by the Board. Omission to consolidate. 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. SEC. 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. 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. SEC. 4106. By an ordinance adopted, recorded, and published at least three 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 consolidate 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. 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. SEC. 4108. and fees of dated When offices are united and consolidated Oath, bond, either by the Code or by order of the Supervisors, the consoliperson elected to fill the offices so united and consoli- offices. dated 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. SEC. 4109. All county and township officers, except judicial officers and Supervisors, must be elected on the first Wednesday in September, eighteen hundred and seventy-three, and every two years thereafter, and hold office for two years from the first Monday of January next after the election. County offielected, and cers, when term of office. Judges' SEC. 4110. The election and terms of office of County County Judges and Justices of the Peace are provided for in and Title I of the Code of Civil Procedure. SEC. 4111. In counties of the third class one Supervisor is elected each year at the general election when it occurs, and on the corresponding day of the alternate year when no general election occurs; in the counties of the first and second classes a number of Supervisors as nearly equal as may be, to be determined by the Board, are elected every year at the same times as specified herein for counties of the third class. Justices' election, and term of office. Super visors, when elected. appoint SEC. 4112. Every county and township officer, except May County Judge, Supervisor, and Justice of the Peace, may deputies. appoint as many deputies as may be necessary for the faithful and prompt discharge of the duties of his office. SEC. 4113. The appointment of Deputies, Clerks, and Same. subordinate officers of counties, districts, and townships, must be made in writing and filed in the office of the County Clerk. name of SEC. 4114. Whenever the official name of any princi- Official pal officer is used in any law conferring power, imposing principal duties or liabilities, it includes his deputies. officer includes deputies. SEC. 4115. A vacancy in the office of County Judge is Vacancies, how filled. filled by an appointee of the Governor; all other vacan What offices to be kept at county seat. Civil penalty for non-performance of duty attached to official bond. County officers may oaths. cies in county and township offices are filled by appointments made by the Board of Supervisors. Appointees hold until the vacancies are filled by election. SEC. 4116. Sheriffs, Clerks, Recorders, Treasurers, Tax Collectors, District Attorneys, and Auditors, must have their offices at the county seat, and keep them open for the transaction of business from nine o'clock A. M. till five o'clock P. M., every day in the year, except holidays. The County Judge must have chambers at the county seat, and must establish such rules and hours for official business as may be necessary for the dispatch thereof. He must attend at his chambers at least one day in each week. Stats. 1850, p. 261; 1863, p. 56, Sec. 7; 1851, p. 190, 1851, p. 199, SEC. 4117. Whenever, except in criminal prosecutions, any special penalty, forfeiture, or liability is imposed on any officer for non-performance or mal-performance of official duty, the liability therefor attaches to the official bond of such officer, and to the principal and sureties thereon. SEC. 4118. Every officer mentioned in section four administer thousand one hundred and three, and every Justice of the Peace, may administer and certify oaths. Certain officers must reside at county seat. Absence of county officers from State. Certain officers SEC. 4119. The following officers must reside at the county seat of their respective counties: the County Judge, the Treasurer, the County Clerk, the Auditor, the Sheriff, the Tax Collector, the District Attorney, the Recorder. SEC. 4120. No county officer must absent himself from the State for more than thirty days, unless with the consent of the Legislature. SEC. 4121. Sheriffs, Clerks, and Constables and their prohibited deputies are prohibited from practicing law or acting as from prac ticing law. attorneys or counselors at law, or having as a partner a lawyer or any one who acts as such. Stats. 1850, p. 263, Sec. 10; 1850, p. 261, Sec. 11; 1851, p. 190, Sec. 51. SEC. 4122. County officers must execute official bonds corresponding to the class of the county of which they are officers, in the following amounts: 1. Sheriffs: first class, sixty thousand dollars; second class, twenty-five thousand dollars; third class, ten thousand dollars. 2. Clerks: first class, twenty-five thousand dollars; second class, fifteen thousand dollars; third class, six thousand dollars. 3. Auditors: first class, twenty thousand dollars; sec. ond class, ten thousand dollars; third class, two thousand dollars. 4. Treasurers: first class, one hundred thousand dollars; second class, fifty thousand dollars; third class, twenty thousand dollars. 5. Recorders: first class, ten thousand dollars; second class, five thousand dollars; third class, two thousand dollars. 6. District Attorneys: first class, fifteen thousand dollars; second class, ten thousand dollars; third class, two thousand dollars. 7. Assessors: first class, twenty thousand dollars; second class, ten thousand dollars; third class, three thousand dollars. 8. Tax Collectors: first class, fifty thousand dollars; second class, thirty thousand dollars; third class, fifteen thousand dollars. 9. Surveyors: first class, ten thousand dollars; second class, five thousand dollars; third class, one thousand dollars. 10. School Superintendents: first class, five thousand dollars; second class, three thousand dollars; third class, one thousand dollars. 11. Coroners: first class, five thousand dollars; second class, two thousand dollars; third class, one thousand dollars. 12. Public Administrators: first class, thirty thousand dollars; second class, twenty thousand dollars; third class, ten thousand dollars. |