to be audited, as prescribed in Article III, Title II, Part IV, of this Code. 4344. The following are county charges: 1. Charges incurred against the county by virtue of any provision of this Title; 2. The compensation of the District Attorney, and all expenses necessarily incurred by him in criminal cases arising within the county; 3. The compensation allowed by law to Sheriff's and Constables for executing process on persons charged with criminal offenses; for services and expenses in conveying criminals to jail; for service of subpœnas issued by District Attorneys, and for other services in relation to criminal proceedings for which no specific compensation is prescribed by law; 4. The expenses necessarily incurred in the support of persons charged with or convicted of crimes and committed therefor to the County Jail; 5. The sums required by law to be paid to Grand Jurors and indigent witnesses in criminal cases; 6. The accounts of the Coroner of the county for such services as are not provided to be paid otherwise; 7. All charges and accounts for services rendered by any Justice of the Peace for services in the examination of persons charged with crime not otherwise provided for by law; 8. The necessary expenses incurred in the support of County Hospitals, and the indigent sick and the otherwise dependent poor whose support is chargeable to the county; 9. The contingent expenses necessarily incurred for the use and benefit of the county; 10. Every other sum directed by law to be raised for any county purpose under the direction of the Board of Supervisors, or declared to be a county charge; 11. The salary of the Commissioner of Highways must be paid at the close of each quarter. N.S. 4345° Corls of Criminal action removed, 73-4 NS 4346 Proceedings on collection of such corto 296 4347 Provision of Code to what actions to apply 1880 4104948 Officer entitled to pus TITLE III. THE GOVERNMENT OF CITIES. CHAPTER I. Cities as Bodies Corporate. III. Legislative Powers. V. Certain Statutes relating to Cities and 6-39 CHAPTER I. CITIES AS BODIES CORPORATE. SECTION 4354. General powers. 4355. Distribution of powers. 4356. City declared by Legislature. 4357. Boundaries, how changed. 4358. Petition to Supervisors. 4359. Undertaking for expenses of election. 4360. Supervisors to order an election. 4361. Notice of election, etc. 4362. Ordinance approving such annexation. 4363. Order of Supervisors, etc. 4364. Expenses of election, how paid. 4365. Certified copy of order to be transmitted to Secretary of State and County Recorder. 4366. Act to fix time of the first election. 4367. First election, when and how held. 4368. Who are city electors. 4369. Officers, terms, elections, and appointments. 4370. Officers of a city. 4371. Direct taxes. 4372. Condemnation of private property for city use. 4373. Vacancies in office. 4374. Official oaths and bonds. General powers. Distribution of powers. City declared ture. 4354. A city is a body politic and corporate, with the general powers of a corporation, and the powers specified or necessarily implied in this Title or in special laws. 4355. Every city has legislative, executive, and judicial power. Its legislative power is vested in a Common Council; its executive power in a Mayor and his subordinate officers; and its judicial power in a Police Court. 4356. Every subdivision of a county not exceedby Legisla- ing in extent six square miles, with not less than two thousand inhabitants, with its metes and bounds fixed and defined, and declared by Act of the Legislature to be a "municipal corporation," is a city with the powers conferred by this Title. 42 Cal 541 41 44 Boundaries, how changed. n " NOTE. This Title does not at present affect the existing statutes governing any incorporated city or town in the State. It is unnecessary here to repeat the argument in favor of this Title, or set forth the great benefits which would flow from a uniform system of municipal government. Were all the cities in the State being conducted under this general law, the force of the example and the uniformity of construction which would necessarily obtain for every provision would save much expense, in litigation and otherwise, to the entire State. Under this section, all that is necessary is for the Legislature to declare the citizens of a certain town, describing it by metes and bounds, to be a municipal corporation, and to provide for its first officers (see Sec. 4366, post), and it is then a city under this Title. If any city now incorporated desires to come in under this Title, in addition to the sections declaring it a municipal corporation, a section repealing all existing Acts relating to it as an incorporated city or town is all that is requisite. 4357. The boundary of a city may be changed by an Act of the Legislature, on petition of a majority of the Common Council, presented in pursuance of a city ordinance, or, as hereinafter provided, by the Board of Supervisors. 4358. Supervi 297 Whenever the residents of a county adjoin-,Petition to ing the boundary of a city therein desire to become sors. incorporated therewith, they must present to the Board of Supervisors of their county a petition therefor, signed by at least ten citizens of the territory proposed to be annexed, giving the metes and bounds of such territory, praying the Board to order an election therefor. 4359. The petition must be accompanied with an Undertak undertaking in the sum of five hundred dollars, with expenses of sureties satisfactory to the Board, conditioned for the payment of all the expenses of the election in case a majority of the votes cast thereat is against such annexation, or the same otherwise fails, as hereinafter provided. ing for election. sors to order an election. 4360. On receiving the petition and undertaking Supervithe Board of Supervisors must order an election to be held by the voters of the territory proposed to be annexed, on a day not less than ten nor more than thirty thereafter, at a specified place within such territory, to determine whether the territory must be annexed to the city or not. election, 4361. Notice of such election must be given by Notice of advertisement. The provisions of this Code relating etc. to general elections apply to this election. All persons entitled to vote at general elections who have been bona fide residents of the territory proposed to be annexed from the time of the first presentation of the petition, and continue to reside therein, are entitled to vote. The ballots must be substantially in the following form:/"Annexation to (naming the city) Yes." "Annexation to (naming the city) No." approving such an 4362. If a majority of the votes polled are in favor Ordinance of annexation, the County Clerk must forthwith notify the Mayor or other chief officer of the city thereof, 32-VOL. II. nexation. 73-4 4358 435 5 4 365 inclusive Repealed Repealed from Order of Supervisors, etc. Expenses of election, who must without delay present the same to the Coun cil or other municipal legislative authority of the city, who must by ordinance approve or disapprove of such annexation, and report the same to the Board of Supervisors. 4363. The Board of Supervisors upon receiving the report must by ordinance declare the territory described in the petition and the inhabitants thereof annexed to the city, and thenceforth the territory and inhabitants are a part of the city and subject to all its laws, ordinances, and regulations, and entitled to all the benefits, advantages, and privileges pertaining thereto as though originally included in its corporate limits. 4364. If the annexation is completed as herein how paid. provided, all expenses of the election must be paid by Certified copy of transmit the city, in the same manner as other election expenses are paid; if it fails by reason of a majority of the votes at such election being against annexation, or the rejection of the same by the municipal authorities, the expenses must be paid by the parties to the undertaking; and in case of their neglect or refusal to pay the same an action must be brought by the District Attorney of the county, in the name of the people of the State of California, upon such undertaking, to compel the payment thereof. 4365. On the passage by the Boards of Supervisorder to be ors of the ordinance of annexation, the Clerk of the Board must transmit certified copies thereof to the and County Secretary of State and the County Recorder, to be filed ted to Secretary of State Recorder, in their respective offices. NOTE. This and Secs. 4358-4364, inclusive, were suggested by the Act of February 1, 1872, following, and its provisions were incorporated herein. This Title not being in force with regard to any incorporated city or town until by legislative enactment it is brought in under it, the Act from which they are taken is given |