SEC. 15. The said Board of Supervisors shall have authority Powers of to authorize a committee of any one or more of their number, Supervisors. or any other persons, to cast all votes representing the capital stock so subscribed by them; and they shall, by order made for that purpose, have full power to sell, transfer, and assign, the said capital stock, or any part thereof, so taken by them under the provisions of this Act, whenever, upon a submission to the qualified voters of said city and county, at any city and county or general election, of a proposition to sell the same, a majority of the votes cast thereon shall approve of such sale.

SEC. 16. The Board of Supervisors shall have all the rights Dividends, and powers appertaining to any other subscriber to such capital profits, etc. stock, and shall receive all the dividends, issues, and profits, arising from such subscriptions to said capital stock, and shall set apart and transfer the same, from time to time, to the said Loan Fund, to be applied by the said Loan Commissioners to the payment of the interest on the bonds issued as herein provided, and the redemption of the principal thereof in the manner provided by section eleven of this Act; and after the full payment of said bonds and the interest on the same, the said dividends, issues, and profits, arising from such stock subscription shall be applied as follows: one third part thereof to the School Fund of said city and county, and the remaining two thirds to the General Fund.

subscription.

SEC. 17. The subscriptions of stock authorized by virtue of Conditions of the provisions of this Act shall be made by said Board of Supervisors on the books of each of said companies, upon the express condition that the said city and county shall not be liable for any of the debts or liabilities of either of said companies beyond the amount so subscribed; and this provision as to the liability of said city and county, shall be a part of and so expressly stipulated in all contracts made by said companies for the construction and equipment of said roads; and in case either of the said companies shall fail or refuse to make such stipulation in all of their said contracts, then the said Board of Supervisors shall have power to declare the said subscription to the capital stock of such company void and of no effect, and may recover from said company any previous payments that may have been made thereon at the time of such failure or refusal. And the said city and county shall never make any other or further subscription to the capital stock of said companies, or either of them, than that provided for by this Act.

SEC. 18. This Act shall be taken and deemed a public Act and shall be in force and take effect from and after its passage.

49

Judges and
State officers

County officers.

Justices of the Peace

CHAP. CCXCII.-An Act concerning Offices.

[Approved April 22, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. There shall be elected or appointed, as hereinafter declared, the following officers, to wit:

First-A Governor, and Lieutenant-Governor.

Second-Five Justices of the Supreme Court.

Third-One District Judge for each Judicial District into which the State is or may hereafter be divided by law. Fourth-Senators, and Members of the Assembly.

Fifth-A Secretary of State, Treasurer, Controller, AttorneyGeneral, Surveyor-General, Clerk of the Supreme Court, a Superintendent of Public Instruction, and a State Printer.

Sixth-For each county: one County Judge, and also, a Probate Judge for the City and County of San Francisco, one County Clerk, one District Attorney, one Sheriff, one County Treasurer, one Assessor, one Collector, except in counties where the revenue is assessed and collected by District or Township Assessors and Collectors, there shall not be a County Assessor or Collector elected, and except in counties where the Treasurer is ex officio Tax Collector, one Coroner, one County Surveyor, one Superintendent of Common Schools, one Public Administrator, except in those counties where the Coroner is ex officio Public Administrator, one Recorder, and one Auditor, except in those counties where the County Recorder is ex officio Auditor, whenever the same may be required by law; provided, that in counties where the Sheriff is ex officio Tax Collector, no Collector shall be elected.

Seventh-County Supervisors.

Eighth-For each township: two Justices of the Peace, and two Constables, except in the City and County of San Francisco Constables. there shall be but one Justice of the Peace and one Constable

and

Election.

for each township, and all other township, municipal, and district officers that may be required by law. In the city of Sacramento, there shall be three Justices of the Peace and three Constables elected; and in the City of Marysville two Justices of the Peace and two Constables.

SEC. 2. The Governor, Lieutenant-Governor, Justices of the Supreme Court, Secretary of State, Treasurer, Controller, Attorney-General, Surveyor-General, Clerk of the Supreme Court, Superintendent of Public Instruction, and State Printer, shall be elected by the qualified electors of the State. District Judges, District Attorneys, Senators, Members of the Assembly, County Judges, County Clerks, Sheriffs, Coroners, Recorders. Assessors, Collectors, County Treasurers, County Surveyors, Superintendents of Common Schools, and Public Administrators, shall be elected by the qualified electors of their respective districts or counties. Justices of the Peace and Constables shall be elected by the qualified electors of their respective cities or townships. SEC. 3. The Governor and Lieutenant-Governor shall be elected at the general election of the year one thousand eight

hundred and sixty-three, and every fourth year thereafter, and shall hold their offices for the term of four years from and after the first Monday in December subsequent to their election, and until their successors shall be qualified.

SEC. 4. The Secretary of State, Controller, Treasurer, Attor- State officers ney-General, Surveyor-General, Clerk of the Supreme Court, and State Printer, shall be elected at the same time as the Governor and Lieutenant-Governor, and shall hold their respective offices for the term of four years from and after the first Monday in December subsequent to their election, and until their successors shall be qualified.

SEC. 5. The Justices of the Supreme Court shall be elected Judges of by the qualified electors of the State, at the special judicial elec- Supreme tions, and shall hold their offices as provided by law.

Court.

tendent of

SEC. 6. A Superintendent of Public Instruction shall be Superinelected at the special judicial election in the year one thousand Ineight hundred and sixty-three, and every fourth year thereafter, struction. by the qualified electors of the State, and shall hold his office for the term of four years from the first day of December next after his election, and until his successor is qualified.

SEC. 7. District Judges shall be elected by the qualified electors of their respective districts, at the special judicial elections, and shall hold their offices as provided by law.

SEC. 8. The Members of the Assembly shall be elected by Members of the qualified electors of their respective districts, at the general Assembly. election on the first Wednesday in September, in the year one thousand eight hundred and sixty-three, and every second year thereafter, and shall hold their offices for the term of two years. SEC. 9. Senators shall be elected by the qualified electors of Senators. their respective districts, at the same time as Members of the Assembly are elected, and shall hold their office for the term of four years, except the Senators who shall be classified by the Legislature which convenes on the first Monday of December, in the year one thousand eight hundred and sixty-three, as Senators of the first class, whose seats shall be vacated at the expiration of the second year.

Probate

SEC. 10. County Judges, and also a Probate Judge for the County and City and County of San Francisco, shall be elected by the quali- Judges. fied electors of their respective counties, and city and county, at the special judicial elections, and shall hold their offices as provided by law.

SEC. 11. All county officers in every county in the State, and County officers of a subdivision of a county, other than judicial officers officers. and County Supervisors, shall be elected by the qualified electors of their respective counties or subdivisions of a county, at the general election in the year one thousand eight hundred and sixty-three, and of every second year thereafter, and shall hold their offices for the term of two years from and after the first Monday of March subsequent to their election, and until their successors are elected and qualified, except Constables, who shall hold their offices for the term of two years from and after the first day of January next after their election, and until their successors are elected and qualified; provided, that the present Proviso. officers mentioned in the preceding part of this section shall continue in office until the first Monday in March, one thousand

Proviso.

Vacancy.

Commissions

Certificates

to Members

of Legislature.

Vacancy.

Oath of office.

eight hundred and sixty-four, except Constables, who shall continue in office until the first day of January, one thousand eight hundred and sixty-four. Justices of the Peace, Recorders, and other inferior judicial officers in any incorporated city or town, shall be elected by the qualified electors of their respective townships, cities, or towns, at the special judicial elections, and shall hold their offices as provided by law; provided, that nothing in this section shall be so construed as to apply to the Mayor of any city who shall be Judge of a Municipal Court.

SEC. 12. When any Justice of the Peace, or Constable, by the formation of a new township, shall be brought within the limits thereof, he shall be one of the Justices of the Peace or Constables allowed to such new township, and shall continue in office until the expiration of the term for which he was elected.

SEC. 13. When, by annexing a part of one township to another, there shall be more than the proper number of Justices of the Peace or Constables within the limits of the township to which such addition shall have been made, any Justice of the Peace or Constable brought within such township, shall, notwithstanding, hold and exercise his office therein until the expiration of his term of office, but no successor shall be elected after the office becomes vacant, either by the expiration of the term of office of the incumbent, 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 or Constables, the vacancy thus produced shall be supplied as in other cases.

SEC. 14. All commissions of officers shall be in the name and by the authority of The People of the State of California, and shall be sealed with the great seal of the State, signed by the Governor, and countersigned by the Secretary of State.

SEC. 15. Members of the Legislature, and all county and township officers elected by the people, shall receive certificates of election from the officer or officers to whom returns of election are made.

SEC. 16. Any officer elected or appointed to fill a vacancy, shall be commissioned or receive a certificate of election or appointment to such office.

SEC. 17. Every person elected or appointed to any office of 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 the office of cording to the best of my ability." Said oath, except in cases specified in the next two sections, shall be indorsed on the commission, or certificate of election, or appointment of such officer, and signed by him, and certified by the officer before whom such oath or affirmation shall have been taken.

ac

SEC. 18. Members of the Legislature shall take the prescribed oath before they assume their seats as such members, and an entry thereof shall be made on the journal of the proper House. SEC. 19. The Governor and Lieutenant-Governor shall, re

spectively, take the prescribed 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. 20. The oath shall be taken, and, except in the cases prescribed in the next two preceding sections, may be subscribed before any officer authorized by law to administer oaths, unless otherwise directed by law.

tain time.

SEC. 21. It shall be the duty of every officer whose oath of To be taken office is required to be indorsed on his commission or certificate within a cerof 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. 22. Whenever any officer is authorized or required by Deputies. law to appoint a Deputy, such Deputy shall, before he proceed to act, take the same oath as his principal.

SEC. 23. Every office shall become vacant upon the happen- vacancies. ing 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 comfirmed 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 the seventeenth section 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 consecutive months, except when prevented by sickness, or 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. 24. The Governor and Lieutenant-Governor shall transmit their resignations to the Legislature, if in session, or if not,

then to the Secretary of State.

SEC. 25. Members of the Legislature, when they resign their Resignations seats, shall deliver their resignation to the presiding officer of

the body to which they belong.

SEC. 26. All officers commissioned by the Governor shall deliver their resignations to him.

SEC. 27. The County Judges, when they resign their offices, shall tender their resignations to the Governor of the State. All other county officers, and officers of subdivisions of a county, when they resign, shall tender their resignation to the County Judge.