Warrants. Supervisor must not be months after the final action of the board, but not afterward, and if, in such action, judgment is recovered for more than the board allowed, on presentation of a certified copy of the judgment, the board must allow and pay the same, together with the costs adjudged; but if no more is recovered than the board allowed, the board must pay the claimant no more than was originally allowed. SEC. 44. Warrants drawn by order of the Supervisors on the county treasury for the current expenses during each year, must specify the liability for which they are drawn, and when they accrued, and must be paid in the order of presentation to the Treasurer. If the fund is insufficient to pay any warrant, it must be registered, and thereafter paid in the order of registration. SEC. 45. No member of the board must be interested, directly interested. or indirectly, in any property purchased for the use of the county, nor in any purchase or sale of property belonging to the county, nor in any contract made by the board, or other person, on behalf of the county, for the erection of public buildings, the opening or improvement of roads, or the building of bridges, or for any purpose, or act as a member of a committee or board of reviewers. When Court shall act on SEC. 46. 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 franchise. 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. Public notice. Assessor's duty. Per diem age. SEC. 47. 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. 48. 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 direct. SEC. 49. All claims against the county, presented by memand mile- bers 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, or any part thereof, illegal, he must Attorney's state specifically wherein it is illegal, and the claim, or such part, must then be rejected by said board. District duty. SEC. 50. 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, Must prea statement showing: pare statement of indebtedness, prop 1. The indebtedness of the county, funded and floating, stating the amount of each class, and the rate of interest borne erty' 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. owned, etc. from SEC. 51. The board must receive from the United States, or Grants other sources, lands and other property granted or donated to United the county for the purpose of aiding in the erection of county States, etc. 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. 52. The board may provide for widening, deepening, Care of straightening, removing obstructions from, and otherwise streams. improving all streams and washes within the county and also protecting the banks and adjacent lands from overflow of such streams or washes, when the same are not declared by law to be, and in fact are not, navigable for commercial purposes, the overflow of which interferes with highways; and provide regulations for the use, repair, and control thereof; but no regulations of the board, nor improvements directed, must in any manner interfere with the private rights or privileges of riparian owners, miners, or others. Whenever, in the opinion of the Board of Supervisors, the general fund is insufficient to defray the cost of the improvements provided for under this section, they may levy a tax or contract a bonded indebtedness therefor in the manner provided by this Act. malfeas office. SEC. 53. Any Supervisor who refuses or neglects to perform Neglect of any duty imposed on him, without just cause therefor, or who duty or willfully violates any law provided for his government as such ance in officer, or fraudulently 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 official bond, to any person injured thereby, for all damages sustained. to office. SEC. 54. No person is eligible to a county, district, or town- Eligibility ship 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, School Trustee, or member of the County Board of Education; and provided further, that no qualifica person shall hereafter be eligible to the office of District Attor- tions of ney who has not been admitted to practice in the Supreme Attorney. Court of the State of California. District SEC. 55. The officers of a county are a Sheriff, a County County Clerk, an Auditor, a Recorder, a License Collector, a Tax Col-icers specified. Consolidated offices. Township officers. Fee for publication. Time of elections. lector, who shall be ex officio License 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. In counties where the Board of Supervisors by proper ordinance so elect, except as otherwise provided in this Act, 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; Assessor and Tax Collector; Public Administrator and Coroner. 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 performed by a separate person, whenever, in their discretion, the public interest will be best subserved thereby. When 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 of the offices consolidated. 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. 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. 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 Tenure 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 elective officers. January, eighteen hundred and ninety-three, 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. SEC. 59. Every county, township, or district officer, except Deputies. 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. 60. Whenever the official name of any principal officer is used in any law conferring power, or imposing duties or liabilities, it includes deputies. SEC. 61. All county officers must have their offices at the office county seat, and the Sheriff, Clerk, Recorder, Auditor, Treas- hours. urer, 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. are liable SEC. 62. Whenever, except in criminal prosecutions, any Bondsmen special penalty, forfeiture, or liability is imposed on any for official officer for non-performance or mal-performance of official neglect. duties, the liability therefor attaches to the official bond of such officer, and to the principal and sureties thereon. administer SEC. 63. Every officer mentioned in section fifty-five, and who may his deputies, and every Justice of the Peace, may administer oaths. and certify oaths. from State. SEC. 64. A county or township officer shall in no case Absence absent himself from the State for a period of more than sixty days in any one year, and for no period without the consent of the Board of Supervisors of the county, except when on business for the State; providing, that in case of illness or urgent necessity, the Board of Supervisors may, on a proper showing of such illness or urgent necessity, extend the time herein limited, for the absence of any such officer, not to exceed six months. officers neys, etc. SEC. 65. Sheriffs, Clerks, and Constables, and their depu- County ties, are prohibited from practicing law, or acting as attorneys shall not or counselors at law, in the counties where they reside and hold actasattoroffice, or from having as a partner a lawyer, or any one who acts as such, and no county officer, or his deputy, except District Attorneys and Treasurers, shall be eligible to the office of notary public, or perform the duties of the same. SEC. 66. The Board of Supervisors of each county shall, on Official or before the first Monday in September, preceding the election of the following officers, prescribe the amount in which said. officers must execute official bonds: Treasurer, County Clerk, Auditor, Sheriff, Tax Collector, District Attorney, Recorder, bonds. Duties of Disbursements. Assessor, Surveyor, Superintendent of Schools, Public Administrator, Coroner, Justice of the Peace, and Constable. The 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 execute an official bond before entering upon the discharge of the duties of his office. The bonds and sureties of such officers must, before the bonds can be recorded and filed, be approved by the judge, or judges, if there be more than one, of the Superior Court. All persons offered as sureties on official bonds may be examined on oath touching their qualifications, and no person can be admitted as surety on any such bond unless he is a resident and freeholder or householder within the State, and is worth in real or personal property, or both, situate in this State, the amount of his undertaking, over and above all sums for which he is already liable, exclusive of property exempt. from execution and forced sale. All official bonds shall be recorded in the office of the County Recorder, and then filed and kept in the office of the County Clerk. The official bond of the County Clerk shall, after being recorded, be filed and kept in the office of the County Treasurer. The Tax Collector shall also before qualifying give a bond as License Collector in such sum as may be fixed by the Board of Supervisors, to be approved as herein provided." COUNTY TREASURER. SEC. 67. The County Treasurer must: 1. Receive all moneys belonging to the county, and all other moneys by law directed to be paid to him, safely keep the same, and apply and pay them out, rendering the account thereof as required by law. 2. File and keep the certificates of the Auditor delivered to him when moneys are paid into the treasury. 3. Keep an account of the receipt and expenditure of all such moneys, in books provided for the purpose, in which must be entered the amount, the time when, from whom, and on what account all moneys were received by him; the amount, time when, to whom, and on what account all disbursements were made by him. 4. So keep his books that the amount received and paid out on account of separate funds or specific appropriations are exhibited in separate and distinct accounts, and the whole receipts and expenditures shown in one general or cash account. 5. Enter no moneys received for the current year on his account with the county for the past fiscal year, until after his annual settlement for the past year has been made with the County Auditor. 6. Disburse the county moneys only on county warrants, issued by the County Auditor, except on settlement with the State. 7. Disburse the moneys in the treasury on such warrants only when they are based on orders of the Board of Supervisors, |