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Constitutional basis of section: Const. Cal., art. V, sec. 8.

Governor's power to fill vacancies: Ante, sec. 380, subd. 3.

Vacancy, when none caused by expiration of term: Ante, sec. 380.

Elections to fill vacancies in offices: See post, sec. 1043.

§ 1000. Vacancies occurring during recess of the legis. lature. Whenever an office, the appointment to which is vested in the governor and senate, or in the legislature, either becomes vacant or the term of the incumbent of which expires during the recess of the legislature, the governor has power to appoint a person to such office; but the person so appointed can only hold the office until the adjournment of the next session of the legislature. En. March 12, 1872. Am'd. 1901, 283.

Cal.Rep.Cit. 87, 478.

$ 1001. Vacancies in certain state offices, how filled. A vacancy in the office of either the secretary of state, controller, treasurer, attorney-general, surveyor-general, or clerk of the supreme court, must be filled by a person appointed by the governor, who shall hold his office for the balance of the unexpired term. En. March 12, 1872. Am'd. 1875-6, 23.

Cal.Rep.Cit. 52, 167.

Controller, special election to fill vacancy: See post, sec. 1043.

$ 1002. Vacancies in office of harbor commissioner or superintendent of public instruction, how filled. A vacancy in the office of either the superintendent of public instruction or state harbor commissioner must be filled by a person appointed by the governor. En. March 12, 1872.

State harbor commissioner, vacancy to be filled by governor for unexpired portion of term: Post, sec. 2520.

$ 1003. Vacancies in board of directors of insane asylum. Any person appointed to fill a vacancy in the board of directors of the insane asylum holds only for the unexpired term of his predecessor. En. March 12, 1872.

$ 1003a. Term of appointee filling unexpired term. Except in the instances otherwise provided in the constitution, whenever a person has been or shall be appointed by the governor, or by the governor by and with the advice and consent of the senate, to fill a vacancy in any office, or to fill an office when the appointment is not made until after the expiration of the preceding term, the appointee holds office only for the balance of the unexpired term as provided by the law creating the office. En. Stats. 1903, 150.

$ 1004. Power and duty of officers filling unexpired terms. Any person elected or appointed to fill a vacancy, after filing his official oath and bond, possesses all the rights and powers, and is subject to all the liabilities, duties, and obligations of the officer whose vacancy he fills. En. March 12, 1872.

Cal.Rep.Cit. 81, 590.



Possession of books and papers. 1015. Proceedings to compel delivery of. 1016. Attachment and warrant to enforce.

8 1014. Possession of books and papers. Every public officer is entitled to the possession of all books and papers pertaining to his office, or in the custody of a former incumbent, by virtue of his office. En. March 12, 1872.

Cal.Rep.Cit. 103, 493.

Books and papers, of former incumbent, in case of notary public: Ante, sec. 796.

1015. Proceedings to compel delivery of. If any person, whether a former incumbent or another person, refuse or neglect to deliver to the actual incumbent, any such books or papers, such actual incumbent may apply, by petition, to any court of record sitting in the county where the person so refusing or neglecting resides, or to any judge of the superior court residing therein, and the court or officer applied to must proceed in a summary way, after notice to the adverse party, to hear the allegations and proof of the parties, and to order any such books or

papers to be delivered to the petitioners. En. March 12, 1872. Am'd. 1880, 20.

Cal.Rep.Cit. 63, 175.
Penaıty for refusal: See Pen. Code, secs. 76, 77.

8 1016. Attachment and warrant to enforce. The execution of the order and the delivery of the books and papers may be enforced by attachment as for a witness, and, also, at the request of a petitioner, by a warrant directed to the sheriff or a constable of the county, commanding him to search for such books and papers, and to take and deliver them to the petitioner. En. March 12, 1872.

Cal.Rep.Cit. 63, 175.


$ 1026. $ 1027. $ 1028. $ 1029. § 1030. $ 1031. $ 1032.

Seals of executive officers.
Great seal.
Executive and judicial officers may administer oaths.
Salaries of officers.
Office hours.
Signature of officers acting ex-officio.
Records open to public inspection, exceptions.

$ 1026. Seals of executive officers. Except where otherwise specially provided by law, the seals of office of the various executive officers are those in use by such officers at the time this code takes effect, and each of such officers must at once file a description and impression of such seal in the office of the secretary of state. En. March 12, 1872.

Seal defined, ante, sec. 14; great, post, sec. 1027; of inspector of gas meters, ante, sec. 578; of notary public, ante, sec. 794, subds. 7, 8; of commissioner of deeds, ante, sec. 812, subds. 4, 5; of fire department, post, sec. 3340.

§ 1027. Great seal. The great seal of the state is the one in use at the time of the adoption of this code. En. March 12, 1872.

Great seal: Const. Cal., art. V, sec. 13; ante, secs. 407, subd. 4, 408, subd. 3, 416, subd. 2.

8 1028. Executive and judicial officers may administer oaths. Every executive and judicial officer may administer and certify oaths. En. March 12, 1872.

Cal.Rep.Cit. 56, 465; 128, 420.

Administration of oaths: Sections 179, 259, 2012, 2093, 2097, Code of Civil Procedure, and post, section 4118, provide what officers may administer oaths.

$ 1029. Salaries of officers. Unless otherwise provided by law, the salaries of officers must be paid out of the general fund in the state treasury, monthly, on the last day of each month. En. March 12, 1872.

Cal.Rep.Cit. 58, 578; 96, 415; 96, 416.

$ 1030. Office hours. Unless otherwise provided by law, every officer must keep his office open for the transaction of business from ten o'clock A. M. until four o'clock P. M. each day, except upon holidays. En. March 12, 1872.

Holidays: Ante, secs. 10, 11.

$ 1031. Signature of officers acting ex-officio. When an officer discharges ex-officio the duties of another office than that to which he is elected or appointed, his official signature and attestation must be in the name of the office the duties of which he discharges. En, March 12, 1872. Cal.Rep.Cit. 69, 93; 95, 47.

1032. Records open to public inspection, exceptions. The public records and other matters in the office of any officer are at all times, during office hours, open to the inspection of any citizen of this state. In all actions for divorce, the pleadings and the testimony taken and filed in said actions shall not be by the clerk with whom the same is filed, or the referee before whom the testimony is taken, made public, nor shall the same be allowed to be inspected by any person except the parties that may be interested, or the attorneys to the action, or by an order of the court in which the action is pending; a copy of said order must be filed with the clerk. In cases of attachment, the clerk of the court with whom the complaint is filed shall not make public the fact of the filing of such complaint, or of the issuing of such attachment, until after the filing of return of service of attachment. En. March 12, 1872. Am'd. 1873-4, 14.

Cal.Rep.Cit. 99, 531; 114, 549; 114, 550.

Public writings open to inspection: Code Civ. Proc., sec. 1892.

Divorce: Civ. Code, secs. 82-148.
Attachment: Code Civ. Proc., secs. 537-559.
Violation of section: Pen. Code, sec. 176.



Chapter 1. General Provisions Relating to Elections,

$$ 1041-1080.
II. Qualifications and Disabilities of Electors,

88 1083-1084.
III. Registration of Electors, 88 1094-1119.
IV. Election Precincts, 88 1127-1132.

V. Boards of Election, 88 1142-1150.
VI. Opening and Closing the Polls, &$ 1160-1164.
VII. Poll Lists, $$ 1174-1175.
VIII. Election Tickets and Ballots, $8 1185-1216.
IX. Voting and Challenges, $$ 1224-1243.
X. Canvassing and Returning the Vote, $$ 1252-

XI. Canvass of Returns; Declaration of Result;

Commissions and Certificates of Election,

88 1278-1297.
XII. Elections for Electors of President and Vice-

President, 88 1307-1322.
XIII. Elections for Members of Congress, 88 1332-

XIV. Primary Elections, 88 1357-1380.


Article I. Time of Holding Elections, $$ 1041-1043.

II. Election Proclamations, $$ 1053-1056.
III. Miscellaneous Provisions, 88 1066-1073.
IV. County, City and County Boards of Election Commis-

sioners, $$ 1075-1080.


TIME OF HOLDING ELECTIONS. 8 1041. General election, when to be held. $ 1042. Judicial election. (Repealed.) $ 1043. Special elections, when to be held.

§ 1041. General election, when to be held. There must be held throughout the state, on the first Tuesday after the first Monday of November, in the year eighteen hundred

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