moving obstructions from, and otherwise improving all streams within the county for use as public highways for rafting and floating lumber, and also protecting the banks and adjacent lands from overflow of such streams, when the same are not declared by law to be, and in fact are not, navigable for commercial purposes, and provide regulations for the use, repair, and control thereof; but no regulations of the board, nor improvements directed, must in any manner interfere with the private rights or privileges of riparian owners, miners, or others. En. March 12, 1872. Am'd. 1893, 111. Floating lumber: Ante, sec. 2389. Navigable streams: Ante, sec. 2348. § 4086. Penalty and damages recoverable on official bond. Any supervisor who neglects or refuses to perform any duty imposed on him, without just cause therefor, or who willfully violates any law provided for his government as such officer, or fraudulently or corruptly performs any duty imposed on him, or willfully, fraudulently, or corruptly attempts to perform an act as supervisor, unauthorized by law, in addition to the penalty provided in the Penal Code, forfeits to the county five hundred dollars for every such act, to be recovered in his official bond, and is further liable on his official bond to any person injured thereby for all damages sustained. En. March 12, 1872. Cal.Rep.Cit. 62, 181; 72, 519; 72, 522. § 4087. Chapter does not apply to San Francisco. This chapter does not apply to the city and county of San Francisco. En. March 12, 1872. Am'd. 1880, 100. Cal. Rep. Cit. 53, 705; 56, 3; 66, 77. Amendment of 1880 declared unconstitutional: See note to sec. 4000. Section in force inserted above. VI. VII. VIII. IX. X. XI. XII. County Auditor, §§ 4215-4224. Assessors, Tax Collectors, School Superintendent, Public 4304. Constables, Justices of the Peace, and Inferior Officers, §§ 4314-4316. § 4101. § 4102. § 4103. § 4104. § 4105. § 4106. § 4107. § 4108. § 4109. § 4110. § 4111. § 4112. § 4113. § 4114. § 4115. ARTICLE I. GENERAL PROVISIONS. Qualifications for county office. Same for district and township offices. Township officers. Offices united and consolidated. Consolidation of offices by the board. Proceedings on omission to consolidate and advertise the consolidation. Oath, bond, and compensation of consolidated offices. County and other officers, when elected, and term of office. County judges and justices of peace; election and term of office. Supervisors, when elected. (Repealed.) County and township officers may generally appoint deputies at discretion. Mode of making appointments of assistants. Official mention of principal officer includes deputies. 4116. § 4117. § 4118. County officers may administer oaths. § 4119. 4120. Certain officers must reside at county seat. 4121. 4122. Certain officers prohibited from practicing law, etc. Official bonds classified, and amounts thereof. § 4123. When amount of bond is not fixed by law. 4124. Other provisions relating to county officers. 84101. Qualifications for county office. No person is eligible to a county office who at the time of his election is not of the age of twenty-one years, a citizen of the state, and an elector of the county in which the duties of the office are to be exercised. En. March 12, 1872. Majority and citizenship as qualifications for civil office: See ante, sec. 841. Elector defined: Sec. 59, ante. § 4102. Same for district and township offices. 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. En. March 12, 1872. Cal.Rep.Cit. 79, 473. § 4103. County officers enumerated. The officers of a county are: A county judge, a treasurer, a county clerk, an auditor, 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. En. March 12, 1872. Am'd. 1880, 100. Cal.Rep.Cit. 56, 3; 56, 465; 67, 117; 112, 71; 127, 161; 128, 420. Amendment 1880 declared unconstitutional: 4000, note. Section in force inserted above. are: See sec. § 4104. Township officers. The officers of townships 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. En. March 12, 1872. Am'd. 1880, 100. Cal.Rep.Cit. 56, 3. Amendment of 1880 declared unconstitutional: 4000, note. Section in force inserted above. See sec. § 4105. Offices united and consolidated. 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. En. March 12, 1872. Cal.Rep.Cit. 56, 4; 69, 531. § 4106. Consolidation of offices by the board. 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. En. March 12, 1872. Cal.Rep.Cit. 52, 311; 56, 4; 64, 92; 65, 113. § 4107. Proceedings on omission to consolidate and advertise the consolidation. 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. En. March 12, 1872. Cal.Rep.Cit. 52, 311; 52, 312; 64, 92. § 4108. Oath, bond, and compensation of consolidated offices. When offices are united and consolidated either by the code or by order of the supervisors, the person elected to fill the offices so united and consolidated 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. En. March 12, 1872. Cal. Rep.Cit. 68, 514. § 4109. County and other officers, when elected, and term of office. All elective county, city and county, and township officers, except superior court judges, superin tendents of schools, and assessors, shall be elected at the general election to be held in the year eighteen hundred and eighty-two, and at the general election to be held every second year thereafter, and shall take office on the first Monday after the first day of January next succeeding their election, and shall hold office for two years. The years that said officers are to hold office are to be computed respectively from and including the first Monday after the first day of January of any one year to and excluding the first Monday after the first day of January of the next succeeding year; provided, that all supervisors and justices of the peace shall take office on the first Monday after the first day of January next succeeding their election, and shall hold office for two years. The years during which a supervisor and justice of the peace is to hold office are to be computed respectively from and including the first Monday of January of any one year to and excluding the first Monday of January next succeeding. Assessors of every county, and of every city and county, shall be elected at the general election to be held on the first Tuesday after the first Monday in November, eighteen hundred and eighty-two, and at the general election to be held every four years, thereafter, and shall hold office for the term of four years from and after the first Monday after the first day of January next succeeding their election. En. March 12, 1872. Am'd. 1873-4, 173; 1880, 100; 1881, 73. Cal.Rep.Cit. 56, 3; 56, 105; 58, 565; 61, 324; 62, 563; 62, 567; 62, 569; 62, 571; 62, 572; 62, 573; 62, 574; 67, 117; 114, 322; 114, 329; 114, 335; 116, 112; 116, 113; 126, 393. § 4110. County judges and justices of peace; election and term of office. The election and terms of office of county judges and justices of the peace are provided for in title I of the Code of Civil Procedure. En. March 12, 1872. Rep. 1880, 101. [See note below.] Cal. Rep. Cit. 56, 4. Repealing act of 1880 was declared unconstitutional: See sec. 4000, note. Section in force inserted above. § 4111. Supervisors, when elected. (Repealed.) March 12, 1872. Rep. 1880, 101; 1881, 73. Cal.Rep.Cit. 56, 4; 56, 105; 58, 565; 62, 563. En. § 4112. County and township officers may generally appoint deputies at discretion. Every county and township officer, except county judge, supervisor, and justice of the peace, may appoint as many deputies as may be necessary for the faithful and prompt discharge of the duties of his office. En. March 12, 1872. Cal.Rep.Cit. 64, 220; 77, 48; 102, 251; 107, 232. Deputies' powers, duties, etc.: Ante, sec. 865. Official bond may be required from, by party appointing: Sec. 985. Appointing: Ante, sec. 876. Aliens, prohibition of appointment of certain: Stats. 1880, p. 23. |