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Subsequent
removal of

county
seat.

6475-6

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second election for the removal thereof must be held within two years thereafter.

NOTE.-Stats. 1850, p. 199, Sec. 9.

3985. When the county seat of a county has been once removed, it may be again removed from time to time, in the manner prescribed by this Chapter; but no election must be ordered to effect any such subsequent removal unless a petition praying an election is signed by one third of all the electors of the county registered on the Great Register thereof, nor unless

Two Sections at such election, when ordered, a majority of all the No 3985.

votes cast are in favor of some other place as the county seat of the county; nor must two elections to effect such removal be held within any three years.

NOTE.-Stats. 1850, p. 199, Sec. 10, modified. See note to Sec. 3977, ante, and see Sec. 5, ante, Vol. I; see Stats. 1850, p. 19. This Title was put into immediate effect by Act of March 16, 1872.-See Stats. 1872, p. 382. Peo. Vs. A lemeda 60. 45 Cal 395

TITLE II.

THE GOVERNMENT OF COUNTIES.

CHAPTER I. Counties as Bodies Corporate.
II. The Board of Supervisors.

III. County Officers.

IV. Salaries and Fees of Office.
V. Other County Charges.

CHAPTER I.

COUNTIES AS BODIES CORPORATE.

SECTION 4000. Every county a body corporate.

4001. Powers, how exercised.

4002. Name and designation.

SECTION 4003. Enumeration of powers.

4004. Limitation on powers; loaning credit.

4005. Same; temporary loans.

4006. Classification of counties.

4007. Same.

County

corporate.

4000. Every county is a body politic and corpo- Every rate, and as such has the powers specified in this Code, a body or in special statutes, and such powers as are necessarily implied from those expressed.

NOTE.-Const., Art. XI, Sec. 4, provides for the establishment of a uniform system of county govern

1880 3-27

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ments. By Art. IV, Sec. 31, corporations for muni- 45 Cal 692.
cipal purposes only may be formed by the Legislature.
Id., Sec. 33, as to suits by and against.-See Secs. 4003
and 4452, post, and notes. See on this subject Price vs.
County of Sacramento, 6 Cal., p. 254; Gilman vs.
Contra Costa Co., 6 Cal., p. 676; id. 8, p. 52; McCann
vs. Sierra Co., 7 Cal., p. 121. In Smith vs. Myers, 15
Cal., p. 33, it was held that the people of a county
were not a corporation. County may be plaintiff.—
Solano Co. vs. Neville, 27 Cal., p. 465. Generally.-
Emeric vs. Gilman, 10 Cal., p. 404; Beals vs. Evans,
10 Cal., p. 459; Levy vs. Yuba Sup., 13 Cal., p. 636;
People vs. Alameda Co., 26 Cal., p. 641; Calaveras
Co. vs. Brockway, 30 Cal., p. 325; Napa V. R. R.
Co. vs. Napa Co., 30 Cal., p. 435; People vs. McGuire,
32 Cal., p. 140.

how

4001. Its powers can only be exercised by the Powers, Board of Supervisors, or by agents and officers acting exercised. under their authority, or authority of law.

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designa

NOTE.-Sherbourne vs. Yuba Co., 21 Cal., p. 113. M.A. 4002. The name of a county designated in the Name and law creating it is its corporate name, and it must be tion. known and designated thereby in all actions and proceedings touching its corporate rights, property, and duties.

4003. It has power:

1. To sue and be sued;

2. To purchase and hold lands within its limits;

3. To make such contracts and purchase and hold

Enumera-
tion of

powers.

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such personal property as may be necessary to the exercise of its powers;

4. To make such orders for the disposition or use of its property as the interests of its inhabitants require;

5. To levy and collect such taxes for purposes under its exclusive jurisdiction as are authorized by this Code or by special statutes.

NOTE.-A corporation can do nothing except that which it is expressly authorized by law to do, or absolutely and appropriately necessary for the conduct of the business authorized to be conducted.-Vandall vs. So. S. F. W. and Dock Co., 40 Cal., p. 83; see Civ. Code Cal., Vol. I, Secs. 354-360, and notes; see Code Civil Procedure Cal., Title VII, Part III, "Eminent Domain," and note; Huffman vs. San Joaquin Co., 21 Cal., p. 426. See Sec. 2732, ante, "Responsible for keeping bridges in repair." The county acts through its Board of Supervisors.

4004. No county must in any manner loan or give its credit to or in aid of any person unless it is expressly authorized by law so to do.

37.

NOTE.-Const., Art. XI, Sec. 10, and Art. IV, Sec.

4005. No money must be borrowed on a temporary loan by any county except in anticipation of the taxes of the current fiscal year, and the same must always be made payable within eight months from the time of making the loan.

4006. For purposes other than for roads and highways the counties of this State are classified as follows:

1. Those containing twenty thousand inhabitants or over constitute the first class;

2. Those containing eight thousand and under twenty thousand inhabitants constitute the second class; and, 3. Those containing less than eight thousand inhabitants constitute the third class.

NOTE.-Under the Federal census for the year 1870 the counties of this State are classified as follows: First class-Alameda, Sacramento, San Joaquin, and Santa Clara-4; Second class-Amador, Butte, Calaveras, Contra Costa, El Dorado, Los Angeles, Monterey, Nevada, Placer, Santa Cruz, Solano, Sonoma, Tuolumne, Yolo, and Yuba-15; Third class-Alpine, Colusa, Del Norte, Fresno, Humboldt, Inyo, Kern, Klamath, Lake, Lassen, Marin, Mariposa, Mendocino, Merced, Mono, Napa, Plumas, San Bernardino, San Diego, San Luis Obispo, San Mateo, Santa Barbara, Shasta, Sierra, Sutter, Siskiyou, Stanislaus, Tehama, Trinity, and Tulare―30. San Francisco, having a local government, is not placed in either class. The new county of Ventura goes into the third class.

4007. Whenever a new census is taken, the coun- Same. ties, on the first day of July next thereafter, are, by operation of law, classified under such census.

NOTE.-Many Acts of a local and special character relating to Boards of Supervisors, are to be found in the Statutes of 1871-2 by reference to the index thereof; they are not more fully referred to here, because they are not of a general character.

CHAPTER II.

THE BOARD OF SUPERVISORS.

ARTICLE I. ORGANIZATION AND TERMS OF BOARD.

II. GENERAL PERMANENT POWERS.

III. OTHER POWERS AND RESTRICTIONS.

NOTE.-The powers conferred upon Boards of Supervisors are not as broad as a glance at these provisions would indicate. Their power over roads, wharves, chutes, piers, gas, etc., are limited by the Titles of the Political Code relative to those subjects.

ARTICLE I.

ORGANIZATION AND TERMS OF THE BOARD.

SECTION 4022. Board, how many to compose.

4023. Qualifications.

4024. Term of office.

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30

Board, how
many to

compose.

Qualifica-
tions.

Term of
office.

When

number in

decreased,
what
Board
must do.

SECTION 4025. When number increased or decreased, what Board

must do.

4026. Vacancy in Board, how filled.

4027. Members, how classified for election.
4028. Chairman, permanent and temporary.
4029. Clerk, who is, and his compensation.
4030. Duties of Clerk.

4031. Books to be kept by the Board.

4032. Regular meetings fixed.

4033. Other regular meetings may be fixed.

4034. Special meetings, how called.

4035. Meetings and records public.

4022. Each county must have a Board of Supervisors, consisting:

1. In counties of the first class, of seven members; 2. In counties of the second class, of five members; 3. In counties of the third class, of three members.

NOTE.-See notes to Secs. 4000-4003. In Waugh vs. Chauncey, 13 Cal., p. 12, it was said by the Court that "the Board of Supervisors is a special tribunal, with mixed powers-administrative, legislative, and judicial and jurisdiction over roads, ferries, and bridges is given it by the statute." What is here said with special reference is true generally.

4023. Each member of a Board of Supervisors must be an elector of the district he represents.

4024. The term of office of a Supervisor is three

years.

NOTE.--One who is not a Supervisor, but acts in the capacity of one, cannot be enjoined.-Trinity County vs. McCummon, 25 Cal., p. 117.

4025. If, under the classification, the number of creased or Supervisors of any county is either increased or diminished, the Board of Supervisors must re-district the county into Supervisor districts, as nearly equal in population as may be, to correspond with the number of Supervisors to which it is, under the new classification, entitled. If the number is increased, at the first general election thereafter Supervisors must be elected for such new districts in which no Supervisors then act

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