History: Enacted March 12, 1872, founded upon § 9 Act April 11, 1850, Stats. 1850, p. 199; amended March 2, 1880, Code Amdts. 1880 (Pol. pt.), p. 3. See Kerr's Cyc. Pol. for 2 pars. annotation. 48 C. 157, 158, 159 (construed). As to constitutional provision, see Const. 1879, art. XI, § 2 Hen. G. L., p. xc. § 3985. SUBSEQUENT REMOVAL OF COUNTY SEAT. When the county seat of a county has been once removed by a popular vote of the county, it may be again removed from time to time, in the manner provided by this chapter; but no election must be ordered to affect any such subsequent removal, unless a petition praying for an election is signed by qualified electors of the county, equal in number to at least three fourths of all the votes cast at the next preceding general election. History: Enacted March 12, 1872, founded upon § 10 Act April 11, 1850, Stats. 1850, p. 199; amended March 30, 1874, Code Amdts. 1873-4, pp. 55, 171; February 3, 1876, Code Amdts. 1875-6, pp. 64-65; March 15, 1907, Stats. and Amdts. 1907, p. 271, Kerr's Stats. and Amdts. 1906-7, p. 183. See Kerr's Cyc. Pol. C. for 2 pars. annotation. 48 C. 157, 159 (construed). TITLE II. [Title II of Part IV of the Political Code is hereby repealed. and a new Title II of Part IV of said code is hereby added, to read as follows:] THE GOVERNMENT OF COUNTIES. [This new Title is, in the main, simply a codification of the County Government Act. As to what portions that act not codified, see Kerr's Pocket General Laws.] Chapter I. Counties as Bodies Corporate, §§ 4000-4005b. II. Population and Classification of Counties, §§ 4005c4007. III. Classification and Election of Officers, §§ 4013 4026. IV. Legislative Department, §§ 4027-4088. V. VI. VII. VIII. Executive Department, §§ 4090-4149d. Department of Education, §§ 4208-4210. Department of Public Works, §§ 4214-4222. IX. Department of Health, §§ 4223-4226. X. XI. XII. Salaries and Fees of Office, §§ 4230-4305. Miscellaneous Provisions, § 4312-4325. CHAPTER I. COUNTIES AS BODIES CORPORATE. Every county a body corporate and politic. § 4000. § 4001. § 4002. Name and designation. § 4003. § 4004. § 4005. Enumeration of powers. Restriction on loaning credit. Prohibited contract forms no basis for claim. § 4005a. Officers become personally liable, when. § 4005b. Action to recover money unlawfully paid. § 4000. EVERY COUNTY A BODY CORPORATE AND POLITIC. Every county is a body corporate and politic, and as such has the other powers as pressed. powers specified in this title, and such are necessarily implied from those ex History: Original section enacted March 12, 1872; amended April 27, 1880, Code Amdts. 1880 (Pol. pt.), p. 93. Act of April 27, 1880, commonly known as the county government act, was held to be in conflict with constitution of the state and therefore void, in Leonard vs. January, 56 Cal. 1, 3; former section repealed and present enacted March 18, 1907, Stats. and Amdts. 1907, p. 354, Kerr's Stats. and Amdts. 1906-7, p. 184. In effect immediately. A codification of § 1 County Government Act (Hen. G. L., p. 189). See Kerr's Cyc. Pol. C. for 8 pars. annotation. Former section 4000.—56 C. 1, 3 (amendatory act of 1880 construed as unconstitutional); 67 C. 249, 252, 7 P. 661 (applied with other sections); 134 C. 69, 70, 86 A. S. 236, 66 P. 194 (citing Co. Gov. Act of 1897, § 1, Stats. 1897, p. 452); 24 F. 252 (county is body corporate and may be sued). Former statute.-Hen. G. L. p. 189, § 1. Present section.-103 P. 199, 201 (scope of codifying act of 1907). Scope of codifying act.-For exact scope of codifying act of 1907, and parts of County Government Act not codified, see Kerr's Pocket General Laws, tit. "County Government Act." As to an act to establish a uniform system of county and township governments, see Hen. G. L., p. 189. As to charter for city and county government providing for election, terms of office, etc., of county officers, see Const. 1879, art. XI, § 82, Hen. G. L., p. xcii. As to division of county and creation of new counties, see Const. 1879, art. XI, § 3, Hen. G. L., p. xc. As to enumeration of powers of county, see Kerr's Cyc. Pol. C. § 4003 and note. As to legislature establishing uniform system of county government, see Const. 1879, art. XI, § 4, Hen. G. L., p. xc. As to merger of city and county government, see Const. 1879, art. XI, § 7, Hen. G. L., p. xci. As to restriction of powers of county, see Kerr's Cyc. Pol. C. §§ 4004, 4005 and notes. As to who may exercise powers of county, see post § 4001. § 4001. POWERS, HOW EXERCISED. Their powers can only be exercised by the board of supervisors, or by agents and officers acting under their authority, or authority of law. History: Original section enacted March 12, 1872; amended March 24, 1874, Code Amdts. 1873-4, pp. 171-172; former section repealed and present enacted March 18, 1907, Stats. and Amdts. 1907, p. 355, Kerr's Stats. and Amdts. 1906-7, p. 184. In effect immediately. A codification of $2 County Government Act (Hen. G. L., p. 189). Former section 4001.-67 C. 249, 252, 7 P. 661 (applied with other sections); 70 C. 59, 60, 11 P. 481 (citing Co. Gov. Act of 1883, § 2, Stats. 1883, p. 299); 96 C. 47, 51, 30 P. 967 (citing Co. Gov. Act of 1883, § 2, Stats. 1883, p. 299); 134 C. 69, 70, 71, 86 A. S. 236, 66 P. 194 (citing Co. Gov. Act of 1897, § 2, Stats. 1897, p. 452). Former statute.-Hen. G. L. p. 189, § 2. Present section.-103 P. 199, 201 (scope of codifying act of 1907). As to an act to establish a uniform system of county and township governments, see Hen. G. L., p. 189. As to designation or title of counties, see ante §§ 3902 et seq. § 4002. NAME AND DESIGNATION. The name of a county designated in the law creating it is its corporate name, and it must be designated thereby in all actions and proceedings touching its corporate rights, property, and duties. History: Original section enacted March 12, 1872; former section repealed and present enacted March 18, 1907, Stats. and Amdts. 1907, p. 355, Kerr's Stats. and Amdts. 1906-7, p. 184. In effect immediately. A codification of § 3 County Government Act (Hen. G. L., p. 189). Former section 4002.-24 F. 252, 253 (county may be sued). Former statute.-Hen. G. L. p. 189, § 3. Present section.-103 P. 199, 201 (scope of codifying act of 1907). § 4003. ENUMERATION OF POWERS. It has power: 1. To sue and be sued. 2. To purchase, receive by gift or bequest, and hold land 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 manage and dispose of its property as the interests of its inhabitants may require. 5. To levy and collect such taxes, for purposes under its exclusive jurisdiction, as are authorized by law. History: Original section enacted March 12, 1872; amended April 27, 1880, Code Amdts. 1880 (Pol. pt.), p. 93, see history, 4000 ante; former section repealed and present enacted March 18, 1907, Stats. and Amdts. 1907, p. 355, Kerr's Stats. and Amdts. 1906-7, p. 185. In effect immediately. A codification of § 4 County Government Act (Hen. G. L., p. 190). See Kerr's Cyc. Pol. C. for 14 pars. annotation. Former section 4003-56 C. 1, 3 (construed); 56 C. 114, 116 (referred to); 67 C. 249, 252, 7 P. 661 (applied with other sections); 137 C. 204, 207, 69 P. 962 (construed); 24 F. 252, 253 (county may be sued). Former statute.-Hen. G. L. p. 190, § 4. Present section.-103 P. 199, 201 (scope of codifying act of 1907). As to contracts for printing, stationery, and supplies, see post § 4048, and Kerr's Cyc. Pol. C. § 4047a. § 4004. RESTRICTIONS ON LOANING CREDIT. No county shall, in any manner, give or loan its credit to or in aid of any person or corporation. An indebtedness or liability incurred contrary to this provision shall be void. History: Original section enacted March 12, 1872; amended April 27, 1880, Code Amdts. 1880 (Pol. pt.), pp. 93-94, see history, § 4000 ante; former section repealed and present enacted March 18, 1907, Stats. and Amdts. 1907, p. 355, Kerr's Stats. and Amdts. 1906-7, p. 185. In effect immediately. A codification of § 5 County Government Act (Hen. G. L., p. 190). Former sections, see 4004, 4005.-56 C. 1, 3 (amendatory act of 1880 construed as unconstitutional); 112 C. 311, 313, 44 P. 556 (citing Co. Gov. Act of 1891, § 5, Stats. 1891, p. 295). Former statute.-Hen. G. L. p. 190, § 5. Present section.-103 P. 199, 201 (scope of codifying act of 1907). § 4005. PROHIBITED CONTRACT FORMS NO BASIS FOR CLAIM. All contracts, authorizations, allowances, payments, |