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witnesses

prepaid.

ters of public concern before the Board of Supervisors Officers and
are entitled to have their fees prepaid, but officers not to be
must serve the subpoenas and witnesses must attend
without their fees being prepaid. The Board must
allow them reasonable compensation for services and
attendance.

Board

contract

debts.

4070. The Board must not for any purpose con- When tract debts or liabilities, except in pursuance of law, must not or under ordinances of their own, adopted in accord- entret ance with the powers herein conferred; and whenever debts and liabilities have been created which, added to the salaries of county officers and other estimated liabilities fixed by law for the remainder of the year, equal in the aggregate the revenue of the county for current expenses, no further allowance of any accounts must be made.

NOTE.-Stats. 1855, p. 54, Sec. 16.

oppose

against

4071. Any citizen and taxpayer of the county in Who may A A-75-6 which he resides may appear before the Board and claims oppose the allowance of any claim or demand made county. against the county.

NOTE.-Stats. 1855, p. 55, Sec. 21.

how made

and

prosecuted.

4072. The Board of Supervisors must not hear or Account, consider any claim in favor of an individual against the county unless an account properly made out, giving all items of the claim, duly verified as to its correctness, and that the amount claimed is justly due, is presented to the Board within a year after the last item of the account accrued.

NOTE.-Stats. 1865-6, p. 836, Sec. 1, modified.

must be

to session.

4073. No account must be necessarily passed upon Account by the Board unless made out as prescribed in the filed prior preceding section and filed by the Clerk at least one day prior to the session at which it is asked to be heard.

NOTE.-Stats. 1865-6, p. 836, Sec. 1, modified.

What claims to

4074. When the Board finds that any claim prebe rejected; sented is not payable by the county, or is not a proper

proceedings on part

allowance.

Claimant

may sue,

when re

cover costs.

county charge, it must be rejected; if they find it to be a proper county charge, but greater in amount than is justly due, the Board may allow the claim in part, and draw a warrant for the portion allowed, on the claimant filing a receipt in full for his account. If the claimant is unwilling to receive such amount in full payment the claim may be again considered at the next regular succeeding session of the Board, but not afterwards.

NOTE.-Stats. 1865-6, p. 836, Sec. 1, modified.

4075. A claimant dissatisfied with the rejection of when, and his claim or demand, or with the amount allowed him on his account, may sue the county therefor at any time within six 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 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.

What warrants must

specify; how presented and paid.

In what transactions

Supervisors

not to be interested.

NOTE.-Stats. 1865-6, p. 836, Sec. 1, modified.

4076. 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 its registration.

NOTE.-Stats. 1855, p. 54, Sec. 14.

4077. No member of the Board must be interested, directly 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 other purposes.

NOTE.-Stats. 1855, p. 55, Sec. 22. See Secs. 920, 926, ante, and notes, and Sec. 176, Penal Code Cal. 4078. 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 not disinterested, the application, by order of the Board, must be transferred to the Board of Supervisors of an adjoining county; the Clerk of the Board must thereupon certify the application and all orders and papers relating thereto to the Board to which the transfer is ordered; and thereafter the Board to which the same is certified has full jurisdiction to hear and determine the application. In the cases mentioned in this Code wherein the County Judge may act for an interested Supervisor, no transfer of the application need be made unless the Judge is also interested.

NOTE.-Stats. 1857, p. 322, Sec. 1. When but one Supervisor is interested, the County Judge may act.See Sec. 2852, ante; see, also, Titles I and V, Div. I, Civil Code Cal.; see Secs. 2778-2831, ante, "Toll Roads;" Secs. 2842-2859, ante, "Public Ferries and Toll Bridges;" generally, Secs. 2870-2881, ante, "Toll Bridges;" Secs. 2892-2896, ante, "Toll Ferries;" Secs. 2906-2920, ante, "Wharves, Chutes, and Piers;" see, also, Subd. 17, Sec. 4046, ante; also, for granting right of way, etc., for street railroads, Civ. Code Cal., Secs. 509, 512; wagon roads, id., Sec. 513; bridge, ferry, wharf, etc., id., Secs. 528-531.

Transfer of

applica

tion, in
made.

what cases

how given.

A

4079. All public notices of proceedings of or to Notices, be had before the Board, not otherwise specially provided for, must be published in a newspaper published in the county; if there is no such newspaper, then cop

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ies thereof must be posted at the Court House door,
in each election fuscinet
and at two other public places in the county.

NOTE.-Stats. 1855, p. 56, Sec. 23.

4080. The Board, under such regulations as they may adopt, must 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, the sum of one dollar.

NOTE.-Stats. 1867-8, p. 670 (entire Act.)

4081. The Board must require Assessors to report to the Surveyor General 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.

NOTE.-Stats. 1865-6, p. 201, Secs. 1, 2.

4082. All claims against the county presented bý members of the Board of Supervisors for per diem and mileage or other service rendered by them, must be verified as other claims, and must state that the service has been actually rendered.

4083. 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 August meeting, 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.

NOTE.-Stats. 1867-8, p. 65, Sec. 1, modified.

etc., to

purposes.

4084. The Board must receive from the United Receive, and apply States or other sources lands and other property of land. donations granted or donated to the county for the purpose of specific 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.

NOTE.-Stats. 1867-8, p. 69, Sec. 1; also, Stats. 1870,

p. 757; 1870, p. 763 (entire Acts).

streams not

4085. The Board may provide for widening, deep- Improve ening, straightening, removing obstructions from, and navigable. 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 the private rights or privileges of riparian owners, miners, or others.

may be

on bond.

4086. Any Supervisor who neglects or refuses to What perform any duty imposed on him, without just cause recovered therefor, or who willfully violates any law provided for his government as such 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.

24-VOL. II.

NOTE.-Stats. Iowa, 1860, p. 50, Sec. 311.

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