Omission to consolidate. Oath, bond, and fees dated offices. give such bond as the Supervisors of said county in their discretion shall from time to time order, for the faithful performance of the duties of the office. SEC. 2. All laws and parts of laws in conflict with this Act are to be so construed as to be held inapplicable to the county aforesaid. SEC. 3. This Act shall take effect sixty days after its passage. 4107. When there is an omission by the Board of Supervisors to consolidate and to advertise the consolidation of offices as in. the preceding section authorized, each office not so consolidated must be filled by an election. 4108. When offices are united and consolidated of consoli- either by the Code or by order of the Supervisors, 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. County officers, when elected, and term of office. 4109. All county and township officers, except judicial officers, Assessors, and Supervisors, must be elected at the general election in September, eighteen hundred and seventy-three, and every two years thereafter, and hold office for two years from the first Monday of January next after their election. Assessors must be elected at the general election in eighteen hundred and seventy-five, and every four years thereafter, and hold their office for four years from the first Monday of January next after their election, except that in the City and County of San Francisco the Assessor holds his office for the term of four years from the first Monday of December next after his election. Every Assessor now in office must hold his office and exercise the duties thereof until his successor is elected at the general election in eighteen hundred and seventy-five. The provision of this section, so far as it relates to the election and term of office of Assessors, applies to every county, and city and county in this State. NOTE. This section was amended so as to read as published in the text, by Act of April 1st, 1872, cited in note to Sec. 18, ante. In the case of Christy vs. The Board of Supervisors of Sacramento Co., 29 Cal., p. 9, it was contended that the Legislature by their appointment and attempting "to continue these Supervisors in office after the term for which they were elected had expired," violated Sec. 5, Art. XI, of the Constitution; but the Court held otherwise under Sec. 7, Art. XI, of the Constitution, declaring that this power had been frequently and constitutionally exercised, referring to numerous statutes therein cited on p. 12. See, also, on this point, People vs. Provines, where the whole question of the power of the Legislature over officers, the terms of which are not fixed by the Constitution, is fully discussed by Justice Sanderson, and concurred in by Sawyer, C. J., in a separate able opinion, citing numerous authorities. Stats. 1871-2, p. 756. An Act to change the manner of electing Supervisors [Approved March 30, 1872.] [Enacting clause.] SECTION 1. Members of the Board of Supervisors shall hold their office for the term of three years, except as hereinafter provided. There shall be chosen at the general election for State and county officers, on the first Wednesday of September, 1873, in the County of Del Norte, by the qualified electors thereof, one Supervisor for each Supervisor district in said county, who shall hold their offices as follows: District Number One, until the first day of January, 1874; District Number Two, until the first day of January, 1875, and District Number Three, until the first day of January, 1876. SEC. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. 4110. The election and terms of office of County Judges and Justices of the Peace are provided for in Title I of THE CODE OF CIVIL PROCEDure. 4111. In counties of the third class one Supervisor is elected each year at the general election when it County election, Supervi 801, when elected. May appoint deputies. Same. Official name of principal officer includes deputies. Vacancies, how filled. What offices to county seat. occurs, and on the corresponding day of the alternate year when no general election occurs; in the counties. of the first and second classes a number of Supervisors as nearly equal as may be, to be determined by the Board, are elected every year at the same times as specified herein for counties of the third class. 4112. Every county and township officer, except County Judge, Supervisor, and Justice of the Peace, may appoint as many deputies as may be necessary for the faithful and prompt discharge of the duties of his office. NOTE.-Powers and duties of deputies.-See Sec. 865, ante, and note. May be required to give bond.See Sec. 985, ante. 4113. The appointment of deputies, clerks, and subordinate officers of counties, districts, and townships, must be made in writing, and filed in the office of the County Clerk. 4114. Whenever the official name of any principal officer is used in any law conferring power, imposing duties or liabilities, it includes his deputies. 4115. A vacancy in the office of County Judge is filled by an appointee of the Governor. All other vacancies in county and township offices are filled by appointments made by the Board of Supervisors. Appointees hold until the vacancies are filled by election. NOTE.-A vacancy in office of Supervisor is filled by appointee of County Judge.-See Sec. 4026, ante. 4116. Sheriffs, Clerks, Recorders, Treasurers, Tax bo kept at Collectors, District Attorneys, and Auditors, must have their offices at the county seat, and keep them open for the transaction of business from nine o'clock A. M. till five o'clock P. M., every day in the year, except holidays. The County Judge must have chambers at the county seat, and must establish such rules and hours for official business as may be necessary for the dispatch thereof. He must attend at his chambers at least one day in each week. NOTE.-Stats. 1850, p. 261; 1863, p. 56, Sec. 7; 1851, p. 190, Secs. 10, 11; 1850, p. 115, Sec. 5; 1851, p. 199, penalty for formances attached to 4117. Whenever, except in criminal prosecutions, Civil any special penalty, forfeiture, or liability is imposed non-peron any officer for non-performance or mal-performance of duty of official duty, the liability therefor attaches to the bond. official bond of such officer, and to the principal and sureties thereon. official officers administer oaths. 4118. Every officer mentioned in Section 4103, County and every Justice of the Peace, may administer and may certify oaths. 4119. The following officers must reside at the Certain county seat of their respective counties: the County Judge, the Treasurer, the County Clerk, the Auditor, the Sheriff, the Tax Collector, the District Attorney, the Recorder. officers must reside seat. at county county 4120. No county officer must absent himself from Absence of the State for more than thirty days, unless with the officers consent of the Legislature. from State. officers from 4121. Sheriffs, Clerks, and Constables and their Certain deputies are prohibited from practicing law or acting prohibited as attorneys or counselors at law, or having as a part- practicing ner a lawyer or any one who acts as such. 4122. NOTE.-Stats. 1850, p. 263, Sec. 10; 1850, p. 261, Sec. 11; 1851, p. 190, Sec. 51. bonds County officers must execute official bonds Official corresponding to the class of the county of which they classified. are officers, in the following amounts: 1. Sheriffs: first class, sixty thousand dollars; second class, twenty-five thousand dollars; third class, ten thousand dollars. and amounts thereof. 25-VOL. II. Same. 2. Clerks: first class, twenty-five thousand dollars; second class, fifteen thousand dollars; third class, six thousand dollars. 3. Auditors: first class, twenty thousand dollars; second class, ten thousand dollars; third class, two thousand dollars. 4. Treasurers: first class, one hundred thousand dollars; second class, fifty thousand dollars; third class, twenty thousand dollars. 5. Recorders: first class, ten thousand dollars; second class, five thousand dollars; third class, two thousand dollars. 6. District Attorneys: first class, fifteen thousand dollars; second class, ten thousand dollars; third class, two thousand dollars. 7. Assessors: first class, twenty thousand dollars; second class, ten thousand dollars; third class, three thousand dollars. 8. Tax Collectors: first class, fifty thousand dollars; second class, thirty thousand dollars; third class, fifteen thousand dollars. .9. Surveyors: first class, ten thousand dollars; second class, five thousand dollars; third class, one thousand dollars. 10. School Superintendents: first class, five thousand dollars; second class, three thousand dollars; third class, one thousand dollars. 11. Coroners: first class, five thousand dollars; second class, two thousand dollars; third class, one thousand dollars. 12. Public Administrators: first class, thirty thousand dollars; second class, twenty thousand dollars; third class, ten thousand dollars. 13. Supervisors: first class, fifteen thousand dollars; second class, ten thousand dollars; third class, two thousand dollars. |