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Coroners, County of each of the counties of San Francisco, Sacramento, San Joaquin, Santa Clara, and El Dorado, shall be chosen by the electors of their respective counties, at the general election in the year one thousand eight hundred and fifty-one, and at the general election every two years thereafter, and shall enter upon the duties of their respective offices on the first Monday of October subsequent to their election: Provided, that the present officers mentioned in this section, shall continue in office until the first Monday in April, one thousand eight hundred and fifty-two.
OF THE ELECTION OF JUSTICES OF THE PEACE AND CONSTABLES.
SECTION 16. The Court of Sessions or Board of Supervisors, when provided, of each county, shall from time to time, as the public good may require, divide said county into a convenient number of townships not exceeding twelve, and shall cause such division to be pubJustices for each lished. For each of such townships two Justices of the Peace shall
Counties to be divided into Townships.
When present Justices to continue.
SEC. 15. District Attorneys shall be chosen by the qualified electors of their respective counties at the general election of the present year, and at the general election every two years thereafter, and shall enter upon the duties of their offices on the first Monday of October subsequent to their election. (1)
No successor to e elected.
be elected, except in the city of San Francisco, which shall be divided into four townships, in each of which shall be elected one Justice. The Justices of the Peace for the several townships and cities of the state shall be chosen, except in the cases otherwise provided by special statutes, at the general election of the present year, and at the general election every year thereafter, and shall enter upon the duties of their offices on the first Monday of October subsequent to their election.
SEC. 17. When any Justice of the Peace, by the formation of a new township, shall be brought within the limits thereof, he shall be one of the Justices of the Peace allowed to such new township, and shall continue in office until the expiration of the term for which he was elected.
SEC. 18. If by annexing a part of one township to another, there should be more than the proper number of Justices within the limits of the township to which such addition shall have been made, any Justice of the Peace brought within such township shall, notwith
(1) See Stat. 1851, p. 187.
standing, hold and exercise his office therein until the expiration of his term of office, but no successor shall be elected to fill any vacancy in said office which may be occasioned by the expiration of his said Vacancies to term or otherwise; and whenever any township, in consequence of a part of it being taken to form a new township, or to be annexed to any other township, shall be deprived of its proper number of Justices of the Peace, the vacancy thus produced shall be supplied as in other cases.
SEC. 19. When any Constable, by the formation of a new town- Present ship, shall be brought within the limits thereof, he shall continue to continue act as Constable to such new township, and shall continue in office until the expiration of the term for which he was elected.
OF COMMISSIONERS AND CERTIFICATES OF ELECTION.
SECTION. 20. All commissions of officers shall be in the name and by Commissions of officers, how the authority of the people of the state of California, and shall be issued." sealed with the great seal of the state, signed by the Governor and countersigned by the Secretary of State.
SEC. 21. Members of the legislature, and all county and township Certificates of officers elected by the people, shall receive certificates of election from the officer or officers to whom returns of election are made.
SEC. 22. Any officer elected or appointed to fill any vacancy, shall The like. be commissioned, or receive a certificate of election or appointment to such office.
OF THE OATH OF OFFICE.
SECTION 23. Every officer chosen or appointed to any office of Oath of office. trust or profit under the authority of this state, before he enters on the duties of his office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm as the case may be) that I will support the Constitution of the United States and the Constitution of the state of California, and that I will faithfully discharge the duties of according to the best of my ability."
SEC. 24. Said oath, except in cases specified in the next two sec- To be endorsed tions, shall be endorsed on the commission or certificate of election of or certificate. such officer, and signed by him and certified by the officer before whom such oath or affirmation shall have been taken.
SEC. 25. Members of the legislature shall take their prescribed Members of the oath before they assume their seats as such members, and an entry take oath. thereof shall be made on the Journal of the proper House.
Oath, before whom taken.
Oath, when to be taken.
Deputies to take oaths.
When offices become vacant.
SEC. 26. The Governor and Lieutenant Governor shall respectively take said oath in the presence of both Houses of the legislature, met in Convention for that purpose, and an entry thereof shall be made on the Journals of said Houses.
SEC. 27. The oath shall be taken, and except in the cases prescribed in the two next preceding sections, may be subscribed before any Judge of the Supreme or District Court, or Clerk thereof, County Judge, County Clerk, Notary Public, or Justice of the Peace, unless otherwise directed by law.
SEC. 28. It shall be the duty of every officer whose oath of office is required to be endorsed on his commission or certificate of election, to take and subscribe said oath within ten days after the reception of his said commission or certificate, or within ten days after the commencement of his term of office, if his commission or certificate shall have been received by him.
SEC. 29. Whenever any officer is authorized or required by law to appoint a deputy, such deputy, before he shall proceed to act, shall take the same oath as his principal.
OF OFFICES BECOMING VACANT BY DEATH, RESIGNATION, OR OTHERWISE.
SECTION 30. Every office shall become vacant upon the happening of either of the following events, before the expiration of the term of such office: First, The death or resignation of the incumbent. Second, The removal of the incumbent, from office. Third, The confirmed insanity of the incumbent found upon a commission of lunacy issued to determine the fact. Fourth, A conviction of the incumbent of a felony or misdemeanor in office. Fifth, A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in section twenty-third of this act, or when a bond is required by law, his refusal or neglect to give such bond within the same time in which he is required to take the oath of office. Sixth, The ceasing of the incumbent to be a resident of the state, district, county, city, or township, in which the duties of his office are to be exercised, or for which he shall have been elected or appointed. Seventh, The ceasing of the incumbent to discharge the duties of his office for the period of three months, except when prevented by sickness, or by absence from the state, upon leave, as provided by law. Eighth, The decision of a competent tribunal declaring the election or appointment void, or the office vacant.
SEC. 31. The Governor and Lieutenant Governor shall transmit Resignation of their resignations to the legislature if in session, or, if not, then to Lieutenant the Secretary of State.
members of the
SEC. 32. Members of the legislature, when they resign their seats, Resignation of shall deliver their resignations to the presiding officer of the body to legislature. which they belong.
SEC. 33. All officers commissioned by the Governor shall deliver of officers their resignations to him.
commissioned by Governor.
SEC. 34. The County Judges, when they resign their offices, shall of County tender their resignations to the Governor of the State. All other County Officers shall resign their offices to the County Judge.
Clerks in cases
SEC. 35. Whenever a vacancy occurs in any office, specified as Duties of County above (except in cases of resignation made to the Governor, in which of vacancies. it is the duty of the Governor to issue a writ of election or make an appointment to fill such vacancy), it shall be the duty of the County Clerk of the county where such officer exercises the duties of his office, if confined to a single county, and if not thus confined, then of the County Clerk where such officer last resided previous to the happening of such vacancy, to certify such vacancy and how it occurred to the Governor. If such vacancy occurred from the confirmed insanity of the incumbent, or from his conviction of a felony or a misdemeanor in office, the certificate of the County Clerk shall be accompanied by the certified copy of the judgment found upon the commission of lunacy, or a certified copy of the record of conviction for felony, or misdemeanor in office, as the case may be.
of member of
SEC. 36. But when a vacancy shall happen in the office of a mem- Vacancy in office ber of the legislature, during the session thereof, such vacancy shall legislature. be notified to the Governor by the presiding officer of the House in which such vacancy shall have occurred.
SEC. 37. Whenever any officer shall be removed from office on Duty of impeachment and conviction, as declared in the Constitution of this State, when state, it shall be the duty of the Secretary of State to transmit a by impeachment certified copy thereof to the officer, as the case may be, whose duty it shall be to order an election or to make an appointment to supply the vacancy caused by the removal of such officer from office.
OF SUPPLYING VACANCIES IN OFFICE.
SECTION 38. In case of the impeachment of the Governor, or his Vacancy in office removal from office, death, or inability to discharge the powers and duties of the office, resignation, or absence from the state, the pow
Vacancy in office of Lieutenant Governor.
SEC. 39. If during the vacancy in the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the state, the President of the Senate shall act as Governor until the vacancy shall be filled, or the disability shall cease.
SEC. 40. Whenever the Government is administered by the Lieutenant Governor, or he shall be unable to attend as President of the Senate, the Senate shall elect one of its own members as President for that occasion.
SEC. 41. Vacancies that may happen in offices, the appointment of appointment of which is yested in the Governor and Senate or in the legislature,
Vacancies in offices in
shall be filled by the Governor during the recess of the legislature, by granting commissions that shall expire whenever the Governor and Senate or the legislature shall appoint a person or persons to fill said offices.
ers and duties of the office shall devolve upon the Lieutenant Governor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the legislature, be out of the state in time of war at the head of any military force thereof, he shall continue Commander-in-Chief of all the military forces of the state.
Governor to report appointments made by him.
SEC. 42. It shall be the duty of the Governor to lay before the legislature, at the earliest day practicable, a statement of all appointments made by him since the preceding session to fill vacancies. SEC. 43. Whenever any vacancy shall occur in the office of Jus Court, District or tice of the Supreme Court, or District Judge, or County Judge, or
Vacancy in office of
County Judge, or
Superintendent Superintendent of Public Instruction, the Governor shall fill the
of Public Instruction.
Vacancy in office of member of the legislature.
Vacancy in office
Vacancy of office
same by granting a commission which shall expire at the next general election by the people, at which election such officers shall be chosen for the balance of the unexpired term.
SEC. 44. Whenever any vacancy shall happen in the office of Senator or member of the Assembly, a special election shall be ordered by the Governor to fill such vacancy.
SEC. 45. Whenever a vacancy shall occur in the office of Attorney General, Surveyor General, Treasurer, Comptroller, the Governor shall order a special election to be held to fill such vacancy, and until such election is held and the person is qualified, the Governor shall fill such office by appointment: Provided, that when any vacancy shall occur in any of said offices six months before the close of the term of such office, the person appointed by the Governor shall hold office for the unexpired term.
SEC. 46. When a vacancy shall occur in the office of the Clerk of