erection of public buildings, the opening or improvements of roads, or the building of bridges, or for other purposes.

SEC. 47. Proceedings where board are interested in fran chise. Whenever an application is made to the board for an order, franchise, or license relating to any toll-road, bridge, ferry, wharf, chute, pier, or other subject over which the board has jurisdiction, in which a majority of the board are interested, the application, by order of the board, must be transferred to the superior court of the county. The clerk of the board must thereupon certify the application, and all orders and papers relating thereto, to said superior court, and thereafter the said superior court shall have full jurisdiction to hear and determine the application.

SEC. 48. Notices. All public notices of proceedings of or to be had before the board, not otherwise specially provided for, must be posted at the court-house door and two other public places in the county.

SEC. 49. May encourage tree-planting. The board, under such regulations as they may adopt, may encourage the planting and preservation of shade and ornamental trees on the public roads and highways, and on and about the public grounds and buildings of the county, and pay to persons planting and cultivating the same, for every living tree thus planted, at the age of four years, a sum not exceeding one dollar.

SEC. 50. Assessor's report to state board of equalization. The board must require the assessor to report to the state board of equalization, annually, a true statement of the agricultural and industrial pursuits and products of the county, with such other statistical information as they may, by ordinance, direct, and enforce obedience of the assessor thereto by deducting such proportion of his compensation as assessor as to them may seem appropriate, for a failure to comply with the order.

All claims

SEC. 51. Per diem and mileage of board. against the county presented by members of the board of supervisors for per diem and mileage, or other service rendered by them, must be itemized and verified as other claims, and must state that the service has been actually rendered; and before allowance such claims must be presented to

the district attorney, who must indorse thereon, in writing, his opinion as to the legality thereof; if the district attorney declare the claim illegal, he must state specifically wherein it is illegal, and the claim must then be rejected by said board.

SEC. 52. Clerk's and auditor's annual statements of indebtedness and property. The board must have prepared by the clerk, and when he is not also auditor, then by that officer and under their direction, prior to their annual meeting for levying taxes, a statement showing,

1. The indebtedness of the county, funded and floating, stating the amount of each class, and the rate of interest borne by such indebtedness, or any part thereof.

2. A concise description of all property owned by the county, with an approximate estimate of the value thereof, and the amount of cash in the county treasury, and its several funds.

SEC. 53. Property donated to county. The board must receive from the United States, or other sources, lands and other property granted or donated to the county for the purpose of aiding in the erection of county buildings, roads, bridges, or other specific purposes, and may use the same therefor, and may provide for the sale of the same, and the application of the proceeds thereof.

SEC. 54. Rafting and floating lumber. The board may provide for widening, deepening, straightening, removing obstructions from, and otherwise improving all streams within the county, for use as public highways for rafting and floating lumber, when such streams are not declared by law to be, and are not in fact, navigable for commercial purposes, and provide regulations for the use thereof; but no regulations of the board, nor improvements directed, must in any manner interfere with private rights.

SEC. 55. Neglect of supervisors. Any supervisor who refuses or neglects 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 fraud. ulently 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 on his official bond, and is further liable on his of ficial bond, to any person injured thereby, for all damages sustained.

SEC. 56. Eligibility for office. No person is eligible to a county, district, or township 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, district, or township in which the duties of the office are to be exercised; provided, that any woman who is of the age of twenty-one years, a citizen of the state, and a resident of the county or district, shall be eligible to the office of superintendent of public schools and school trustee.

SEC. 57. Officers of county. The officers of a county are: A sheriff, a county clerk, an auditor, a recorder, a tax collector, a district attorney, an assessor, a treasurer, a superintendent of schools, a public administrator, a coroner, a surveyor, the members of the board of supervisors, and such other officers as may be provided by law; provided, that in counties where the board of supervisors by proper ordinance may so elect, the duties of certain of the above-mentioned officers are hereby consolidated, as follows: Sheriff and tax collector, auditor and recorder, county clerk, auditor, and recorder, county clerk and recorder, county clerk and auditor, treasurer and tax collector, public administrator and coroner; provided further, that in counties where the duties of said officers have been or may hereafter be consolidated in either manner above designated, the board of supervisors thereof, by proper ordinance, may elect to separate the duties so consolidated, and reconsolidate them in any other manner above provided, or may separate said duties without reconsolidation, and provide that the duties of each office shall be per. formed by a separate person, whenever, in their discretion, the public interest will be best subserved thereby.

SEC. 58. Township officers. The officers of a township are two justices of the peace, two constables, and such inferior and subordinate officers as may be provided by law or by the board of supervisors; provided, that in townships containing cities in which city justices are elected there shall be but one justice of the peace. The board of

supervisors of each county, on or before the first Monday in September, eighteen hundred and ninety-one, and thereafter as public convenience shall require, shall divide their respective counties into townships for the purpose of electing justices of the peace and constables; provided, that the board of supervisors shall have power, whenever they may deem it for the good of their county, to allow only one justice of the peace and one constable in any judicial township having a population of less than three thousand inhabitants.

When

SEC. 59. Duties, etc., in offices that are united. offices are united and consolidated, 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.

SEC. 60. When officers are elected. All elective county and township officers (except superintendent of public schools and assessors), except otherwise provided for in this act, shall be elected at the general election to be held in November, eighteen hundred and ninety-two, and every two years thereafter, unless otherwise herein provided, and shall take office at twelve o'clock, meridian, on the first Monday after the first day of January next succeeding their election; supervisors shall be elected as herein before provided. Assessors and superintendents of schools shall be elected at the general election to be held in the year eighteen hundred and ninety-four, and every four years thereafter. All officers elected under the provisions of this act shall hold office until their successors are elected or appointed and qualified.

SEC. 61. Deputies. 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.

SEC. 62. Use of official name. Whenever the official name of any principal officer is used in any law conferring

power or imposing duties or liabilities, it includes depu

ties.

SEC. 63. Offices at county seat. All county officers must have their offices at the county seat, and the sheriff, clerk, recorder, auditor, treasurer, and district attorney must keep their offices open for the transaction of business from nine o'clock, A. M., until five o'clock, P. M., non-judicial days excepted.

SEC. 64. Liability of officers attaches to bond. Whenever, except in criminal prosecutions, any special penalty, forfeiture, or liability is imposed on any officer for non-performance or malperformance of official duties, the liability therefor attaches to the official bond of such officer and to the principal and sureties thereon.

SEC. 65. Oaths. Every officer mentioned in section fifty-seven, and his deputies, and every justice of the peace, may administer and certify oaths.

SEC. 66. Residence. The following officers must reside at the county seat of their respective counties: The county clerk, auditor, recorder, sheriff, and district attorney.

SEC. 67. Absence. A county or township officer shall in no case absent himself from the state for a period of more than sixty days, and for no period without the consent of the board of supervisors of the county.

SEC. 68. Who may not practice law. Sheriffs, clerks, and constables, and their deputies, are prohibited from practicing law, or acting as attorneys or counselors at law, in the counties where they reside and hold office, or from having as a partner a lawyer, or any one who acts as such. SEC. 69. Amount of official bonds. The board of supervisors of each county in the state shall, on or before the first Monday in September, eighteen hundred and ninetytwo, prescribe the amount in which the following county officers must execute official bonds before entering upon the discharge of the duties of their respective offices, viz.: Treasurer, county clerk, auditor, sheriff, tax collector, district attorney, recorder, assessor, surveyor, superintendent of schools, coroner, and justice of the peace. judge or judges of the superior court shall, on or before the said first Monday of September, prescribe the amount in which each member of the board of supervisors must

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