may fill the vacancy by appointment, and the appointee shall hold the office until the election and qualification of his successor, as hereinafter provided. Whenever a vacancy occurs in the board of supervisors of a county, the board shall order a special election, to be held in said district on the fifth Tuesday after the vacancy occurs, for the election of a supervisor for the unexpired term, unless a general election shall be held within ninety days after the vacancy occurs; and in such case the election of a supervisor shall be held at the general election to fill the vacancy for the unexpired term." [Stats. p. 298, Ban.] The same provisions were retained in the act of 1893. [Stats. p. 349.]

As to "vacancies in office," see notes under subdivision 19 of section 25, post.

Organization of board.

SEC. 18. The supervisors shall elect a chairman, who shall preside at all meetings of the board, and in case of his absence or inability to act, the members present must, by an order entered on their records, select one of their number to act as chairman temporarily. Any member of the board may administer oaths, when necessary in the performance of his official duties. A majority of the members of the board shall constitute a quorum for the transaction of business, and no act of the board shall be valid or binding unless a majority of all the members concur therein.

Political Code, section 4027.

The member oldest in commission was chairman unless two or more commissions expired at the same time, in which event the board was

to elect from those holding the oldest commissions. An appointee did not represent the old commission.

The present section is substantially the same as that in the act of 1883 and subsequent acts.

It was held in People v. Harrington, 63 Cal. 560, that the majority of a quorum of a board of supervisors, a quorum being present, could perform any act which a majority of the board could perform if all the members were present. Under the present act, three members are required to transact any business.

Clerk of the board.

SEC. 19. The county clerk is ex officio clerk of the board of supervisors. The records and minutes of the board must be signed by the chairman and the clerk.

Political Code, section 4029.

See notes under section 20, post.

The effect of the requirement that the chairman and clerk should sign the records is passed upon in People v. E. L. & Y. C. Co., 48 Cal. 145, where it was held that the chairman and clerk signed as "witnesses" to the record. In the absence of such witnessing the party seeking to establish the action of the board would have to produce other evidence establishing the handwriting of the entries, their contemporaneous character and the official custody from which the book was produced. "The statute does not declare that the record shall not be proof of the action of the board if not signed by officers named, but the effect is

only to make their signatures evidence, identifying the minutes." This is approved in County of San Diego v. Siefert, 97 Cal. 598.

But the importance of such authentication is illustrated in the case of Pacheco v. Beck, 52 Cal. 5, respecting the duty of the clerk to make a record of the canvas of an election and "the result declared by the board." This particular section was not involved in that case, but if this section had been observed in connection with the provisions of section 1288 Political Code, it is possible that the expensive litigation of Pacheco v. Beck would have been avoided, and political results less embittered.

The action of the board of supervisors in ordering publication of a proclamation for an election for a special tax in a road district may be proven by parol, where the clerk has neglected to make the proper record. County of San Luis Obispo v. White, 91 Cal. 436. Duties of clerk.

SEC. 20. The clerk of the board must:

1. Record all the proceedings of the board.

2. Make full entries of all their resolutions and decisions on all questions concerning the raising of money for and the allowance of accounts against the county.

3. Record the vote of each member on any question upon which there is a division, or at the request of any member present.

4. Immediately after the adjournment of each meeting of the board, certify all demands allowed and orders made for the payment of money, giving the amount and date of each demand, or order, and the date of the allowance thereof, which de

mands, or orders, shall be countersigned by the chairman of the board, and thereafter said clerk shall deliver to and leave the same with the auditor.

5. File and preserve the reports of the county treasurer of the receipts and disbursements of the county.

6. Preserve and file a memorandum of all accounts acted upon by the board.

7. Preserve and file all petitions and applications for franchises, and record the action of the board tbereon.

8. Authenticate with his signature and seal of the board the proceedings of the board, whenever the same shall be ordered published.

9. Authenticate with his signature and the seal of the board, all ordinances passed by the board, and to record the same at length in the "ordinance book."

10. Record all orders levying taxes; and,

11. Perform all other duties required by law, or any rule or order of the board,

Political Code, section 4030.

The fact that the clerk of the board neglects to copy the seal when copying an ordinance into the ordinance book, will not render the ordinance invalid, if the ordinance had been properly passed. Santa Clara v. S. P. R. R. Co., 66 Cal. 644.

While it is made the duty of the clerk to authenticate with his signature and the seal of the board the proceedings of the board, yet his failure to affix the seal cannot defeat any actions of the board.

So, failure to record an ordinance does not affect its validity; and

The action of the board of supervisors in ordering publication of a proclamation for an election on the question of a special road tax

(bridge), may be proven by parol, where the clerk has neglected to make the proper record.

And, a failure of the clerk to record an ordinance in the ordinance book does not affect the validity of the ordinance. Irrigation Dist. v. De Lappe, 79 Cal. 358; County of San Luis Obispo v. White, 91 Cal. 436.

Sub. 4. The duty of certifying demands allowed and orders made for payment of money, is to provide a check upon the auditor. Los Angeles v. Lankershim, 100 Cal. 528.

At the time of the Lankershim case, section 20 required duplicate lists to be made by the clerk and that one of them should be delivered to the treasurer.

Sub. 9. See notes under section 26, post.

What records must be kept.

SEC. 21. The board must cause to be kept:

1. A "minute book," in which shall be entered the daily proceedings had at all regular and special meetings, and all orders and decisions made by them, except such as are required to be recorded in the "road," "franchise, or "ordinance" books. 2. An allowance book," in which must be recorded all orders for the allowance of money, from the county treasury, to whom made, and on what account, dating, numbering, and indexing the same through each year.

3. A road book," containing all proceedings and adjudications relating to the establishment, maintenance, change, and discontinuance of roads and road districts.

4. A "franchise book," containing all franchises granted by them, and all proceedings had in relation thereto.

5. A "warrant book," to be kept by the county auditor, in which must be entered, in the order of