"proceedings" of the board was held not sufficient. People r. Williams, 64 Cal. 91.

Boards of supervisors, sheriff, county clerk, district attorney, and justices of the peace are constitutional officers. Constitution, article XI, section 5, and article VI, section 11, article XX, section 20, article XXII, section 10; McGrew v. Mayor, etc., 55 Cal. 611; People v. Ransom, 58 Cal. 560; Modoc County v. Spencer & Raker, 103 Cal. 498.

The supervisors have no power to create an office. That power belongs only to the legislature, and cannot be delegated. Ventura County v. Clay, 112 Cal. 71; County of Los Angeles v. Lopez, 104 Cal. 257; Eldorado County v. Meiss, 100 Cal. 268, overruling People v. Ferguson, 65 Cal. 290; Farrel v. Board of Trustees, 85 Cal. 408.

The office of license collector is here provided for by the legislature.

Deputies are included wherever principals are named officially. Section 60, infra.

Officers of townships, etc.

SEC. 56. 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; except as hereinafter otherwise provided, and in townships having a population less than four thousand, there shall be but one justice of the peace and one constable. 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. But the provisions of this section shall

not affect any present incumbent of the office of justice of the peace or constable.

This subject has been treated in section 58 of the former county government acts and section 4104 of the Political Code. No two of them are exactly alike. The Political Code read: "The officers of a township are: 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.'

The changes effected are chiefly the insertion in the present act of "recorders," and providing for one justice in townships having a population of four thousand instead of three thousand, and making this mandatory instead of permissive. In former provisions, also, it was contemplated that supervisors might provide inferior or subordinate officers, but now it is contemplated that such officers must be created "by law." It has been several times held that supervisors cannot create offices. Ventura County v. Clay, 112 Cal. 71; County of Los Angeles v. Lopez, 104 Cal. 257; Farrel v. Board of Trustees, 85 Cal. 408.

In Kahn v. Sutro, 114 Cal. 332, it is said: "The legislature has never made the provision for township organization authorized by section 4, article XI [of the constitution of 1879], and the township which is authorized by section 58 [56 of the present act], of the county government act is only a geographical subdivision of the county for the purpose of electing justices of the peace and constables, and does

not possess any attributes of government to be exercised by an officer." Citing Ex parte Wall, 48 Cal. 279.

Prepayment of costs of notices.

SEC. 57.

Whenever notice is required by law to be published in a newspaper by any county or township officer, the person for whom the notice is to be given shall pay to such officer, if required, the fees for such publication, in advance. And failure to publish any notice required by law, pertaining to the duties of his office, shall be a misdemeanor.

Officers, when elected.

SEC. 58. All elective county and township officers, and city justices of the peace, except otherwise provided for in this act, shall be elected at the general election at which the governor is elected, and shall take office at twelve o'clock meridian on the first Monday after the first day of January next succeeding their election. All officers elected under the provisions of this act shall hold office until their successors are elected or appointed and qualified. Supervisors shall be elected at the general election prior to expiration of the term of the incumbent. The supervisors of any county created after the first day of January, eighteen hundred and ninetythree, shall, within six months after the first general election succeeding the creation of such county, classify themselves by lot into two classes, as nearly equal in number as possible, and the term of office of the class having the greater number shall expire in two years from such general election, and the term of office of the class having the lesser number shall terminate in four years from such general election.

"And city justices of the peace" were not included in former acts. And the act of 1893 read, "at the general election to be held in 1894, and every four years thereafter." The

act of 1891 read, "at the general election to be held in 1892, and every two years thereafter." That act also excepted superintendent of public schools and assessor, and required these latter officers to be elected in 1894, and every four years thereafter.

Section 15 of the act of 1893 provided that the supervisors elected in 1888 and 1890, and every four years thereafter, shall hold office for four years. Section 15 of the acts of 1883 and of 1891 were the same, so that no change has been effected as to supervisors.

By subdivision 26 of section 170 of the act of 1893, there was an apparent attempt to have the officers of counties of eighth class elected every two years; but upon review of the act the supreme court in effect said: "Section 57 of the county government act of March 24, 1893, designating the several officers of a county; section 60 of that act providing that 'all elective county and township officers, except otherwise provided for in this act, shall be elected at the general election to be held in November, 1894, and every four years thereafter,' * * and subdivision 26 of section 170, providing that 'the officers mentioned in section 57 of this act, except as hereinafter provided, shall be elected in the year 1894, and every two years thereafter,' be construed so as to harmonize their apparent conflict; and so construed, it must be presumed that the legislature did not intend the provisions of subdivision 26 of section 170 should be applicable to any other counties than those

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must

in the eight class." And it was held that such legislation as to a single class was unconstitutional and void. Hale v. McGettigan, 114 Cal. 122.

Appointment of deputies.

SEC. 59. Every county, township, or district officer, except a supervisor or judicial officer, may appoint as many deputies as may be necessary for the prompt and faithful discharge of the duties of his office. Such appointment must be made in writing, and filed in the office of the county clerk; and until such appointment is so made and filed, and until such deputy shall have taken the oath of office, no one shall be or act as such deputy.

Sections 4112, 4113, Political Code.

Section 211 of the county government act of 1883, as amended in 1887, [Stats. 1887' p. 207], purported to authorize the supervisors of certain counties to allow deputies to the county officers ón salaries to be paid out of the county treasury, and an order of the supervisors of Marin county allowing the county clerk a deputy under this provision was held invalid, because it operated to increase the salary of the county clerk after his election, contrary to section 9, article XI of the constitution. That provision of the statute was therefore unconstitutional. The amendment was further held unconstitutional because it was intended to apply only to certain counties. Dougherty v. Austin, 94 Cal. 606.

Powers and duties of deputies-see next

section.

Aliens are prohibited from being appointed