to instruct them to ascertain, by careful and diligent investigation, whether the provisions of said sections have been complied with, and to note the result of such investigation in their report.

The foregoing was also section 9 of the county government act of 1883, and of each of the subsequent acts. "Superior judge" having been changed to "judge of the superior court."

Population of counties declared.

SEC. 10. The population of the several counties of this state is hereby ascertained and determined to be and is as follows; county of San Francisco, two hundred and ninety-eight thousand two hundred and fifteen; county of Los Angeles, one hundred and twenty-four thousand eight hundred and seventy-five; county of Alameda, one hundred thousand four hundred and fifteen; county of Santa Clara, fifty-eight thousand two hundred and ninety; county of Sacramento, forty-seven thousand eight hundred and twenty; county of Sonoma, thirtyseven thousand three hundred and forty-five; county of San Joaquin, thirty-six thousand six hundred and seventy; county of San Diego, thirtyfive thousand six hundred and twenty; county of Fresno, thirty-five thousand and eighty; county of San Bernardino, twenty-seven thousand five hundred; county of Humboldt, twenty-seven thousand two hundred and fifty-five; county of Solano, twenty-six thousand one hundred and thirty; county of Tulare, twenty-four thousand one hundred and fifty; county of Butte, twenty-two thousand seven hundred and seventy; county of Santa Cruz, twenty-two thousand and fifty-five; county of Nevada, twenty-one thousand nine hundred and five; county of Mendocino, twenty-one thousand and ninety-five; county of Monterey, twenty thou sand six hundred; county of San Luis Obispo, twenty thousand one hundred and forty; county of Placer, eighteen thousand nine hundred and eighty

five; county of Riverside, eighteen thousand four hundred; county of Santa Barbara, eighteen thousand three hundred and ten; county of Napa, eighteen thousand two hundred and twenty; county of Yolo, seventeen thousand three hundred and seventy-five; county of Kern, seventeen thousand three hundred and thirty; county of Contra Costa, seventeen thousand two hundred; county of Orange, sixteen tuousand five hundred and forty; county of Siskiyou, sixteen thousand one hundred and ninety; county of Shasta, sixteen thousand one hundred and forty-five; county of Ventura, fourteen thousand four hundred and ten; county of Calaveras, fourteen thousand one hundred and seventy-five; county of Amador, thirteen thousand two hundred and fifty; county of El Dorado, thirteen thousand and forty; county of Stanislaus, twelve thousand seven hundred and forty-five; county of San Mateo, twelve thousand four hundred and fifty; county of Tehama, eleven thousand six hundred and seventyfive; county of Yuba, eleven thousand six hundred and thirty-five; county of Marin, eleven thousand three hundred and sixty; county of Colusa,__ten thousand five hundred and ten; county of Tuolumne, ten thousand two hundred and thirty-five; county of Merced, nine thousand eight hundred and fifteen; county of San Benito, nine thousand and ninety; county of Kings, eight thousand nine hundred and thirty-five; county of Sutter, eight thousand five hundred and sixty-five; county of Madera, seven thousand nine hundred and seventyfive; county of Lake, seven thousand six hundred; county of Glenn, seven thousand four hundred and forty-five; counfy of Sierra, six thousand five hundred and forty; county of Plumas, five thousand nine hundred and seventy; county of Mariposa, five thousand seven hundred and twenty; county of Modoc, five thousand five hundred and sixty-five; county of Lassen, five thousand three hundred and thirty; county of Trinity, four thousand nine hundred and ninety; county of Inyo, four thousand three hundred and sixty; county of Del Norte,

three thousand four hundred and sixty-five; county of Mono, two thousand seven hundred and seventyfive; county of Alpine, four hundred and ninety.

Section 157 of this act classifies the counties of the state for the purpose of fixing compensation of offices, and in that connection will be found the names of counties coming under each class. The name of the counties will also be found accompanying the several sections in which compensation of offices is fixed. County seats.

SEC. 11, The county seats of the respective counties of this state, as now fixed by law, are hereby recognized as and declared to be the county seats of the respective counties. No county seat shall be removed unless two-thirds of the qualified electors of the county, voting on the proposition at a general election, shall vote in favor of such removal.

The state is divided into counties, named, bounded and constituted as provided in this title. Pol. Code, Sec. 3902.

The several counties, as they now exist, are hereby recognized as legal subdivisions of the state. Const. 1879, Art. XI, Sec. 1.

No new county shall be established which shall reduce any county to a population of less than eight thousand; nor shall a new county be formed containing a less population than five thousand; nor shall any line thereof pass within five miles of the county seat of any county proposed to be divided. Every county which shall be enlarged or created from territory taken from any other county or counties shall be liable for a just proportion of the existing debts and liabilities of the county or

counties from which such territory shall be taken. Const. 1879, Art. XI, Sec. 3.

On a division of a county and creating a new county, the latter is not chargeable with money expended in its territory by the original county between the date of the act and the organization of the new county. Los Angeles County v. Orange County, 97 Cal. 329.

The act of May 29, 1893 [Stats. p. 180], made it the duty of the tax collector of Tulare county to furnish the tax collector of Kings county with a complete list of all unpaid taxes assessed and levied for the preceding year, on property in the new county, and upon refusal to furnish the list, it was held that mandamus was properly brought to compel compliance with the statute, but as to money collected by him after the time when he should have delivered the list, an action would lie for money had and received. Kings County v. Johnson, 104 Cal.

The act of March 11, 1889 [Stats. p. 127], creating Orange county out of a portion of Los Angeles county, provides that certain commissioners shall ascertain and adjust the respective liabilities of the two counties. Held, that the commissioners are charged by such statute with the performance of quasi judicial duties, and that an award by them is not a bar to a future action for a demand, not actually submitted to nor adjudicated by them, though it was in existence when the submission was made, and though the agreement was to submit all demands-but the commissioners by

mistake and want of information did not consider nor adjust a demand in favor of Los Angeles county against the state. Orange County v. Los Angeles County, 113 Cal. 390.

*

The constitution [Art. XI, Sec. 18], also provides that "no county * * shall incur *** without the assent of any indebtedness, two-thirds of the qualified electors thereof voting at an election to be held for that purpose.' ." It is held that where six thousand five hundred votes were cast at a general election, and on the question of incurring the indebtedness there were three thousand eight hundred and eighty votes for, and one thousand and six votes against, that the question of indebtedness was properly carried; that the constitution did not mean that two-thirds of all the votes cast at the general election, but only that two-thirds of those cast on the proposition of indebtedness, should be favorable to the proposition. Howland v. Board of Supervisors, 109 Cal. 153.

Action by the board of supervisors will not be compelled by mandamus in behalf of one who shows no other interest in the matter than a mere elector. Linden v. Board of Supervisors, 45 Cal. 6.

Mandamus will be denied upon motion for judgment, on the pleading, where the verified. answer denies the sufficiency of the signatures to the petition; but the board will be required to determine the fact whether the petition contains the requisite number of signers. Linden