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SUBDIVISION 37: Boards of supervisors have general supervision over the roads within their respective counties, and must lay out and establish such as are necessary and abandon such as

are unnecessary. [Pol. Code, sec. 2643.) Road oversers have personal charge of roads and must keep them in repair and free from obstructions. [Pol. Code, secs. 2645, 2731, et seg.] In a petition for mandate to have obstruction removed, the overseer is a necessary party, and it must be alleged that the road has not been abandoned.

Peck v. Board of Supervisors, 90 Cal. 385.

Proceeding to condemn land for purposes of a "private road” may be brought in the name of the county. [Sherman v. Buick, 32 Cal. 241, approved as to what are private roads. ] Monterey County v. Cushing, 83 Cal. 508.

Under the constitutional provision that private property shall not be taken damaged for public use without just compensation, etc., a county is liable for consequent damages to a private owner, resulting from the construction of the abutment of a bridge erected by the county, by which the water is turned toward his land, cutting away portions the reof, and destroying improvements thereon. And the owner may recover notwithstanding the mode of taking his land by the supervisors is irregular and unauthorized. Tyler 0. Tehama County, 109 Cal. 621.

Under section 25 of the county government a ct, the board of supervisors has power to adopt any suitable mode of procedure for sub


mitting to the qualified electors of a road district the proposition to levy a special tax for road purposes, and may adopt the assessment made for state and county taxes as a basis upon which to levy the tax. Comstock v. County of Yolo, 71 Cal. 599. Ordinances, style and publication of.

SEC. 26. The enacting clause of all ordinances of the board shall be as follows: "The Board of Supervisors of the County of

do ordain as follows." Every ordinance shall be signed by the chairman of the board and attested by the clerk. On the passage of all ordinances the votes of the several members of the board shall be entered on the minutes, and all ordinances shall be entered at length in the “Ordinance Book," No ordinance passed by the board shall take effect within less than fifteen days after its passage, and before the expiration the said fifteen days the same shall be published, with the names of the members voting for and against the same, for at least one week, in some newspaper published in the county, if there be one, and if there be none published in the county, then such ordinance shall be posted at the courthouse door at least one week. An order entered in the minutes of the board that such ordinance has been duly published or posted shall be prima facie proof of such publication or posting.

It is held in Keena v. Board of Supervisors, 89 Cal. 11, infra that this section of the act of 1883, did not repeal section 2643 of the Political Code (abandoning roads), but that this section refers to ordinances generally, not to orders.

These provisions as to the form and the manner of enacting ordinances were first contained in the county government act of 1883, section 26, and the section has remained the same in the subsequent acts.

The rules for the construction of ordinances passed by the legislative body of a city (or county) are the same as for the construction of statutes. In the matter of Yick Wo, 68 Cal. 303.

The law does not require that an ordinance must be recorded before it can go into effect. People v. Cole, 70 Cal. 60.

That the ordinance shall be published once a week does not mean that the board shall pass an order for the publication; and if the board does so order and direct the publication to be made in a particular newspaper, the fact that it is published in another newspaper does not impair the validity of the ordinance. County of San Luis Obispo v. Hendricks, 71 Cal. 243.

Under section 26 of county government act of 1883, an ordinance of the board of supervisors does not take effect until it has been published in its entirety. A publication omitting the enacting clause is insufficient. People v. Russell, 74 Cal. 578.

The words "proper ordinance,” used in section 26 13 of the Political Code, providing that the board of supervisors must by proper ordinance abolish or abandon such roads as are not necessary, mean nothing more and require nothing more, than a proper order of the board entered in its minutes. Keena Board of Supervisors, 89 Cal. 11.

The validity of ordinances depends upon


their enactment in accordance with the mode prescribed by the statute. The statute contemplates that the signing and attestation shall be upon the original ordinance. The question whether an ordinance has been passed, signed and attested is one of fact. County of San Diego v. Siefert, 97 Cal. 599.

Ordinances requiring licenses to be procured should be directed against persons engaged or engaging "in the business of," and not against persons doing certain acts, as "giving away or selling” spirituous liquors. Ex parte Mansfield, 106 Cal. 406.

Except as tv offer: ses triable in justice and police courts, criminal complaints must conclude “contrary to the form of the statute in such cases. made and provided” or similar words, even though it also says contrary to to the ordinance, etc. But the statute makes no such requirement as to prosecutions in those inferior courts. [Penal Code sections 951, 1426.] Ex parte Mansfield, 106 Cal. 406. May direct sheriff.

SEC. 27. The board of supervisors shall have power to direct the sheriff to attend, in person or by deputy, all the meetings of the board, to preserve order, serve notices, subpænas, citations, or other process, as directed by the board.

Political Code section 4C67. Chairman may issue subpoenas.

SEC. 28. Whenever the board of supervisors of any county shall deem it necessary or important to examine any person as a witness upon any subject or matter within the jurisdiction of such board, or to examine any officer of the county in relation to the discharge of his official duties, as to the receipt or disposition by him of any moneys, or concerning the possession or disbursement by him of any propperty belonging to the county, or to use, inspect, or examine any books, account, voucher, or document in the possession of such officer or other person, or under his control, relating to the affairs or interests of such county, the chairman of such board shall issue a subpona, in proper form, commanding such person or officer to appear before such board, at a time and place therein specified, to be examined as a witness; and such subpæna may require such person or officer to produce on such examination all books, papers and documents in his possession er under his control, relating to the affairs or interest of the county.

Political Code section 4067 read: The board may, by their chairman or the chairman of any committee, issue subpanas to compel the attendance of any person and the the production of any books, or papers relating to the affairs of the county, for the purpose of examination upon any matter within their jurisdiction. Sheriff shall serve subpanas.

SEC. 29. It shall be the duty of the sheriff of the county to whom the subpæna is delivered, to serve the same by reading it to the person named therein, and at the same time to deliver to him a copy thereof, and his official return thereon, of the time and place of such service, shall be prima facie evidence thereof. Committees of the board.

SEC. 30. Whenever the board of supervisors shall appoint any members of their body a committee upon any subject or matter of which the board has jurisdiction, and has conferred upon such committee power to send for persons and papers, the chairman of such committee shall possess all the

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