lars; the Assessor shall receive per annum the sum of six hundred dollars; the District Attorney the sum of five hundred dollars; the Superintendent of Public Schools the sum of three hundred dollars. The fees of all other officers shall be the same as is provided for in an Act to regulate fees of office, approved March 5th, A. D. 1870, for similar officers in the County of Santa Barbara. SEC. 15. Ventura County shall be entitled to five Notaries Public, as provided for by law. SEC. 16. The Superintendent of Public Schools of the County of Santa Barbara shall furnish the Superintendent of Public Schools of Ventura County a certified copy of the last census lists of the different school districts in the territory set apart to form Ventura County, and shall draw his warrant on the Treasurer of Santa Barbara County in favor of the Superintendent of Schools of Ventura County for all money that is or may be due by apportionment, or otherwise, to the different districts (school) of Ventura County. SEC. 17. All delinquent taxes due the County of Santa Barbara at the time this Act takes effect, from the persons or property in Ventura County, shall be paid to and collected by the proper officers of Ventura County, and the Auditor of Santa Barbara County shall certify such delinquent taxes and tax list in duplicate to the Collector and Auditor respectively of Ventura County; they shall be collected by the officers of Ventura County in the same manner as delinquent taxes are collected in the other counties of the State. SEC. 18. The Supervisors may issue Ventura County bonds in a sum not to exceed in the aggregate twenty thousand dollars, bearing interest not to exceed ten per cent per annum, payable in ten years from the date of their issuance; the principal and interest of said bonds to be paid in the gold coin of the United States; and may negotiate the same to provide a cash fund to be used in the payment of the first expenses of the county and the salaries of its officers. After the issuance of said bonds, no debt shall be created by the County of Ventura in excess of the amount of money in the Treasury of said county. SEC. 19. All Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed. SEC. 20. This Act shall take effect and be in force from and after the first day of January, 1873. 21-VOL. II. Disputed boundaries, how settled. Report to CHAPTER II. GENERAL PROVISIONS RELATING TO COUNTIES. SECTION 3969. Disputed boundaries, how settled. 3970. Report to Surveyor General on disagreement of Super visors. 3971. Surveyor General to determine boundary. 3972. Approved surveys to be conclusive. 3973. Surveys heretofore made declared approved and valid. 3974. Cost of survey to be apportioned equally among coun ties interested. 3975. Which county owns real property when county is divided. 3976. Petition for change of county seat. 3977. Supervisors to order election. 3978. Notice of election, etc. 3979. Election, how held and conducted. 3980. Voter to vote for place he prefers. 3981. Notice of result. 3982. Place chosen to be county seat. 3983. Statement of result. 3984. No second election to be held within one year. 3985. Subsequent removal of county seat. 3969. All common boundaries and common cor ners of counties not adequately marked by natural objects or lines, or by surveys lawfully made, must be definitely established by surveys jointly made by the surveyors of all the counties affected thereby, and approved by the Boards of Supervisors of such counties, or by a survey made by the Surveyor General, on application of the Board of Supervisors of any county affected thereby. NOTE.-The Probate Court of the county in which the decedent lived at the time of his death retains jurisdiction of the estate, though the place fall into a new county erected thereafter.-Est. of Harlan, 24 Cal., p. 182. Parol evidence existing in reputation of a boundary is evidence when and in what case.-See Lay vs. Neville, 25 Cal., p. 545. 3970. If the first mode is adopted, and the Board General on of Supervisors do not agree upon and finally approve disagreement of Supervisors the survey, each Surveyor must make a report to the Surveyor General, with surveys, maps, notes, and explanations touching disputed points. 3971. Upon such reports the Surveyor General must finally determine and establish the common boundaries and corners, if he can collate a satisfactory description therefrom. If the reports are insufficient for such purpose, he must cause surveys to be made, and when approved by him the surveys establish such common boundaries and corners. Surveyor General to termine boundary. surveys 3972. All surveys finally approved under the pro- Approved visions of this Chapter are conclusive ascertainments to be of lines and corners included therein. conclusive. heretofore declared 3973. All surveys and maps of boundary lines Surveys heretofore legally made and approved are declared made prima facit valid, and they are primary evidence of the establish- approved ment of such lines, except so far as they are inconsistent with the provisions of this Code. and valid. Cost of survey to tioned A73 290 be apporequally 3974. The cost of making such surveys must be apportioned equally among the counties interested, and the Board of Supervisors must audit the same, and the amounts must be paid out of the General County interested. Fund. among county owns real property 3975. When a county is divided or the boundary Which is altered, all taxes levied before the division was made or boundary changed must be collected by the officers of and belong to the county in which the territory was situated before the division or change. NOTE. For equitable claims of one county against another existing after changes of boundary in erecting a new county, and other questions pertaining to indebtedness and liability of one to the other in such cases, see People vs. Alameda Co., 26 Cal., p. 641; Beals vs. Amador Co. Sup., 28 Cal., p. 449. county is Petition for 3976. 3976. Whenever the inhabitants of any county of this State desire to remove the county seat of the county change of seat. county from the place where it is fixed by law or otherwise, they may present a petition to the Board of Supervisors of their county, praying such removal, and that an election be held to determine to what place such removal must be made. NOTE.-Stats. 1850, p. 199, Secs. 1, 2; 1854, p. 198. 3977. If the petition is signed by qualified electors of the county. equal in number to at least one third of all the votes cast in the county at the last preceding general election, the Board must, within five days after receiving such petition, order an election, naming the day on which it must be held, not more than sixty nor less than thirty-five days from the time of calling it, specifying its object. NOTE.-Stats. 1850, p. 199, Secs. 1, 2; 1855, p. 4. If the county seat has been once removed under these provisions, or under the Act which the Codes here extends, then a removal can be had again only as provided in Sec. 3985, post; but if such removal has been had by any other authority, or in any other manner than provided in this Chapter or in the statute which it continues, then any removal under this Code is the original or first removal as contradistinguished from that indicated by the terms "once removed" in Sec. 3985; for the term "once removed" is qualified by the words "in the manner prescribed by this Chapter" following; hence any removal asked to be made under Sec. 3985, is so asked because a previous removal was had under the Code or under the Act which by it is continued. Sec. 5, ante, Vol. I of this Code provides that the Code "continues" all existing statutes, which are substantially the same as the Code provisions. The power of the Legislature to authorize a popular vote to locate a county scat is sustained in Upham vs. Sup. of Sutter County, 8 Cal., p. 378; see, also, Dickey vs. Hurlburt et al., 5 Cal., p. 344. 3978. Notice of not less than twenty-five days must be given of the election, by publication in some newspaper, if there is one published in the county, each election precinct and by posting notices thereof in at least five publie with. places in the county. NOTE.-Stats. 1850, p. 199, Sec. 3. how held 3979. The election must be held and conducted Election, and the returns made in all respects in the manner pre- conducted. scribed by law in regard to elections for county officers. 3980. In voting on the question, each elector must vote for the place in the county which he prefers as the seat of justice, plainly designating it in his ballot. NOTE.-Stats. 1850, p. 199, Sec. 4. 3981. When the returns have been received and compared, and the result ascertained by the Board, if a majority of all the votes cast are in favor of any particular place, the Board must give notice of the result by publication in some newspaper, if there is one printed in the county, if not, then by causing notices thereof to be posted in not less than five public places. NOTE.-Stats. 1850, p. 199, Sec. 5. Voter to place he vote for prefers. Notice of chosen to seat. 3982. In the notice provided for in Section 3981, Place the place selected to be the county seat of the county must be so declared from a day specified in the notice not more than ninety days after the election. After the day named in the notice the place chosen is the county seat of the county. NOTE.-Stats. 1850, p. 199, Sec. 6; 1854, p. 198. of result. 3983. Whenever any election has been held as Statement provided for in the preceding sections of this Chapter, the statement made by the Board of Supervisors, showing the result thereof, must be deposited in the office of the County Clerk, and whenever the Board gives the notice prescribed by Section 3982 they must transmit a certified copy thereof to the Secretary of State. NOTE.-Stats. 1850, p. 199, Sec. 8. 3984. When the election has been held and a majority of the votes are cast for some other place than that fixed by law as the former county seat no No second election to be held within one year. a |