reason thereof, and such county shall thereafter enter the list of such class; provided, that the salary of county officers shall not be affected by reason of such division of the county or order of the board, for the term for which they were elected and qualified. In any newly created county, for the purpose of fixing the salaries and fees of county and township officers, the board of supervisors of such new county shall classify such new county according to the population thereof. In each case the population shall be numerically fixed, and when so fixed shall be certified to the secretary of state by the board fixing the same. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 360, Kerr's Stats. and Amdts. 1906-7, p. 190. In effect immediately. A codification of § 231 County Government Act (Hen. G. L., p. 337). Former statute.-98 C. 227, 229, 33 P. 58 (citing Co. Gov. Act of 1891, § 235, Stats. 1891, p. 422, as to classification of newly created counties); and see Hen. G. L. p. 337, § 231. Present section.-103 P. 199, 201 1907). (scope of codifying act of § 4007. NEW FEDERAL CENSUS TO GOVERN. Whenever a new federal census is taken, the counties are not by operation of law reclassified under such census, but shall remain in the old classification until reclassified by the legislature. History: Former section repealed and present section enacted March 18, 1907, Stats. and Amdts. 1907, p. 360, Kerr's Stats, and Amdts. 1906-7, p. 190; amended March 19, 1909, Stats. and Amdts. 1909, p. 460. See Kerr's Cyc. Pol. C. for 3 pars. annotation. erro Former section 4007.-63 C. 174, 177 (construed but neously cited as § 4006); 64 C. 87, 89, 90, 27 P. 939 (construed); 65 C. 111, 112, 3 P. 405 (applied with other sections). Former statute.-See Co. Gov. Act of 1893, § 10, Stats. 1893, p. 348. Present section.-103 P. 199, 201 (scope of codifying act of 1907). As to census by federal government and classification of municipal corporations, see Hen. G. L., p. 743, § 2. As to census for public schools, see Kerr's Cyc. Pol. C. §§ 16341640 and notes. As to courts taking judicial notice of United States census, see Kerr's Cyc. C. C. P. § 1875 and note. As to proceedings when number of supervisors is increased or decreased because of change in classification of county, see post § 4029; Kerr's Cyc. Pol. C. § 4025 and note. CHAPTER III. CLASSIFICATION AND ELECTION OF OFFICERS. Article I. County Officers, § 4013. III. Township Officers, §§ 4014-4016. Consolidation of Offices, §§ 4017-4020. IV. Elections for, and Quailfications of Officers, §§ 40214026. § 4013. OFFICERS OF A COUNTY. The officers of a county are: 1. A district attorney; 2. A sheriff; 3. A county clerk; 4. An auditor; 5. A treasurer; 6. A recorder; 7. A license-collector; 8. A tax-collector, who shall be ex officio license-collector; 9. An assessor; 10. A superintendent of schools; 11. A public administrator; 12. A coroner; 13. A surveyor; 14. Members of the board of supervisors; 15. A live-stock inspector; 16. A fish and game warden; 17. Such other officers as may be provided by law. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 360, Kerr's Stats. and Amdts. 1906-7, p. 191. In effect immediately. A codification of § 55 (in part) County Government Act (Hen. G. L., p. 210). See Kerr's Cyc. Pol. C. for 7 pars. annotation. Former section 4103.—56 C. 1, 3 (amendatory act of 1880 construed as unconstitutional); 56 C. 464, 465 (referred to with other cases); 67 C. 116, 117, 7 P. 261 (referred to); 112 C. 65, 71, 44 P. 488 (construed); 127 C. 155, 161, 59 P. 397 (cited); 128 C. 415, 420, 60 P. 1032, 1033 (referred to with other sections); 146 C. 590, 592, 80 P. 861 (referred to). Former statute.-65 C. 288, 291, 4 P. 4; 76 C. 606, 607, 18 P. 776; 78 C. 270, 271, 20 P. 572; 112 C. 65, 71, 44 P. 488; 114 C. 559, 562, 46 P. 818; 145 C. 419, 427, 78 P. 1060 (all citing Co. Gov. Act of 1883, § 57, Stats. 1883, p. 315, and which enumerates county officers); 114 C. 316, 327, 333, 46 P. 87, 33 L. 620 (citing Co. Gov. Act of 1893, § 57, Stats. 1893, p. 366, showing who are not county officers, but municipal officers in San Francisco, and that there is no provision for township officers in that city); 135 C. 649, 650, 67 P. 1082 (citing Co. Gov. Act of 1897, § 55, Stats. 1897, p. 473, specifying county officers, and holding that the official reporter of the superior court is not a county officer); and see Hen. G. L. p. 210, part of § 55. Present section.-103 P. 199, 201 (scope of codifying act of 1907). § 4014. 4015. § 4016. ARTICLE II. TOWNSHIP OFFICERS. Officers of township. Supervisors shall divide counties into townships. § 4014. OFFICERS OF TOWNSHIP. The officers of a township are, two justices of the peace, two constables, and such subordinate officers as are provided by law. In townships containing cities in which city justices or recorders are elected there shall be but one justice of the peace, and in townships having a population of less than five thousand, there shall be but one justice of the peace and one constable; provided, however, that in townships containing a population of more than one hundred thousand and less than three hundred thousand there shall be four justices of the peace and four constables. [Appointment of additional justices.] Upon the approval of this title the board of supervisors must appoint competent persons to fill the additional offices of justices of the peace and constables by this section created. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 361, Kerr's Stats. and Amdts. 1906-7, p. 191. In effect immediately. A codification of § 56 County Government Act (Hen. G. L., p. 211). Former section 4104.-56 C. 1, 3 (amendatory act of 1880 construed as unconstitutional). Former statute.-76 C. 606, 607, 18 P. 776 (citing Co. Gov. Act of 1883, §§ 57-59, Stats. 1883, p. 315, and holding that duties and obligations of sheriff and tax-collector are distinct and independent of each other); 114 C. 316, 333, 46 P. 87, 33 L. 620 (citing Co. Gov. Act of 1893, § 58, Stats. 1893, p. 366, and showing that a justice of the peace is a township officer, but that there is no provision for township officers in San Francisco); 122 C. 134, 138, 54 P. 596 (citing Co. Gov. Act of 1893, § 58, Stats. 1893, p. 366-each township to have at least one justice of the peace); 139 C. 462, 463, 73 P. 187; 143 C. 243, 245 (construing Co. Gov. Act of 1897, § 56, Stats. 1897, p. 474); 141 C. 427, 428, 75 P. 56 (showing that republication of amended sections of Co. Gov. Act of 1897, as amended, was a sufficient compliance with the constitution); 139 C. 462, 463, 73 P. 187; 141 C. 268, 274, 74 P. 841; 141 C. 427, 428, 75 P. 56; 2 C. A. 100, 102, 83 P. 161 (all citing Co. Gov. Act of 1901, § 56, Stats. 1901, p. 686, concerning township officers); 139 C. 467, 73 P. 189 (citing Co. Gov. Act of 1901, Stats. 1901, p. 685, and holding that the amendment of 1901 to the act of 1897 was constitutional); and see Hen. G. L, P. 211, § 56. Present section.-5 C. A. 678, 679, 91 P. 156 (construed); 103 P. 199, 201 (scope of codifying act of 1907). § 4015. SUPERVISORS SHALL DIVIDE COUNTIES INTO TOWNSHIPS. The board of supervisors of each county, as public convenience may require, shall divide their respective counties into townships for the purpose of electing justices of the peace and constables; provided, however, that in the establishment of townships that may be hereafter established no incorporated city shall be divided so as to lie partly within one township and partly within another. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 361, Kerr's Stats. and Amdts. 1906-7, p. 192. In effect immediately. Present section.-103 P. 199, 201 (scope of codifying act of 1907). § 4016. THIS ARTICLE NOT TO AFFECT INCUMBENT. The provisions of this article shall not affect any incumbent of the office of justice of the peace or constable. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 361, Kerr's Stats. and Amdts. 1906-7, p. 192. In effect immediately. Present section.-103 P. 199, 201 (scope of codifying act of 1907). |