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sary expenses thereof; if for articles purchased, the name of each article, together with the price paid for each, and of whom purchased, with the date of the purchase. All bills and vouchers which shall be presented for supplies furnished or services rendered shall be original bills and vouchers of the parties furnishing supplies and rendering services; provided, that no officer shall use or appropriate any money for any purpose whatsoever appropriated by this act unless authorized thereto by law. [Ibid.]
SEC. 4. Not more than one twenty-fourth part of the amount appropriated under this act for each department or institution for the two years ending June thirtieth,
shall be expended during any one month without the consent of the state board of examiners, and not more than one half of such appropriation during the
fiscal year, unless the same has been expressly authorized by this act. [Ibid.]
Expenditures must not exceed appropriations.
SEC. 5. The officers of the various departments, boards, commissions, and institutions, for whose benefit and support appropriations are made in this act, are expressly forbidden to make any expenditure in excess of such appropriations, except the unanimous consent of the state board of examiners be first obtained, and a certificate, in writing, duly signed by every member of said board, of the unavoidable necessity of such expenditure; and any indebtedness attempted to be created against the state in violation of the provisions of this section shall be absolutely null and void, and shall not be allowed by said state board of examiners, nor paid out of any state appropriations ; provided, that any member of any such department, board, commissions, or institutions, who shall vote for any expenditure, or create any indebtedness against the state in excess of the respective appropriations made by this act, except by the unanimous consent of the state board of examiners, and the certificate in this section provided for be first obtained, shall be liable on his official bond for the amount of such indebtedness, to be recovered in any court of competent jurisdiction by the person or persons, firm or corporation to whom such indebtedness is owing. [Ibid.]
SEC. 6. No money appropriated by this act shall be used to renew, or pay for the renewal of, any insurance on any public building or property, nor to affect or pay for any new insurance on any public building or property, except the state printing office and its contents and the pavilion of the state agricultural society. [Ibid.]
C. REMOVALS, VACANCIES, ETC. Removal from office for neglect of official duty.
SEC. 661. In addition to the penalty affixed by express terms, to every neglect or violation of official duty on the part of public officers-state, county, city, or township—where it is not so expressly provided, they may, in the discretion of the court, be removed from office. [Pen. Code.]
Removal from office, when may be resisted by injunction.
SECTION 1. Whenever any person within this state shall hold any office or position of public trust, and shall have taken the oath of office prescribed by section three of article twenty of the state constitution upon entering upon such office, or shall, after his election or appointment, have offered to take such oath, it shall be unlawful to remove such person from such office or position of public trust because such person has not complied with some or any provision of any law, charter, or regulation prescribing an additional test or qualification for such office or position of public trust, and any person who is removed or threatened with removal from any office or position of public trust under any pretense or device whatever, if the real reason be because of non-compliance with provisions requiring such additional test or qualification, shall be entitled to restrain such unlawful removal or to enforce restoration by process of injunction both prohibitory and mandatory.
SEC. 2. It shall be unlawful for any person having the power of removal from office of any public official, state or local, to remove or threaten to remove such official from his office because such official in the appointment of any person to a position of public trust under such last named official, refuses to require any test or additional qualification than the oath referred to in section one of this act as a condition of permit
ting such appointee to enter upon or remain in such position of public trust; and such person making or threatening such unlawful removal from office may be restrained by prohibitory and mandatory injunction from effecting such removal under any pretence or device if the real reason of such removal or threatened removal be or was such as herein declared unlawful. [Stats. 1901, p. 552.]
Summary removal from office.
SEC. 772. When an accusation in writing, verified by the oath of any person, is presented to a superior court, alleging that any officer within the jurisdiction of the court has been guilty of charging and collecting illegal fees for services rendered or to be rendered, in his office, or has refused or neglected to perform the official duties pertaining to his office, the court must cite the party charged to appear before the court, at a time not more than ten nor less than five days from the time the accusation was presented, and on that day or some other subsequent day not more than twenty days from that on which the accusation was presented, must proceed to hear in a summary manner, the accusation, and evidence offered in support of the same and the answer and evidence offered by the party accused ; and, if, on such hearing, it appears that the charge is sustained, the court must enter a decree that the party accused be deprived of his office, and must enter a judgment of five hundred dollars in favor of the informer and such costs as are allowed in civil cases. [Pen. Code.]
This act is not intended to punish an officer by removal from office and with a penalty of $500 for a mere error of judgment in honest discharge of his duty: 50 Cal. 644.
Such officers as bank commissioners, not being district, county, municipal or township officers, not removable under this section, but only under section 758: 11 Cal. 237.
See section 10 of Penal Code as to proceedings to impeach or remove.
Section 758 of Penal Code provides for the removal of any district, county, township or municipal officer for willful or corrupt misconduct.
Action may be brought against any party usurping any office or
franchise. SEC. 803. An action may be brought by the attorney general, in the name of the people of this state, upon his own information, or upon a complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise, or against any corporation, either de jure or de facto, which usurps, intrudes into, or unlawfully holds or exercises any franchise, within this state. And the attorney general must bring the action, whenever he has reason to believe that any such office or franchise has been usurped, intruded into, or unlawfully held or exercised by any person, or when he is directed to do so by the governor. [Code Civil Procedure.]
Notice of removal, by and to whom given.
SEC. 997. Whenever an officer is removed, declared insane, or convicted of a felony or offense involving a violation of his official duty, or whenever his election or appointment is declared void, the body, judge, or officer before whom the proceedings were had must give notice thereof to the officer empowered to fill the vacancy. [Pol. Code.)
Resignations, to whom made.
SEC. 995. Resignations must be in writing, and made as follows:
2. By all officers commissioned by the governor, to the governor.
5. By all other appointed officers, to the body or officer that appointed. [Pol. Code.]
Resignation by officer elect before he has qualified is ineffectual: 25 Cal. 93.
How vacancies occur.
SEC. 996. An office becomes vacant on the happening of either of the following events, before the expiration of the term :
1. Death of incumbent.
2. His insanity, found upon a commission of lunacy issued to determine the fact.
3. His resignation.
5. His ceasing to be an inhabitant of the state, or, if the office be local, of the district, county, city or township for which he was chosen or appointed or within which the duties of his office are required to be discharged.
6. His absence from the state without permission of the legislature, beyond the period allowed by law.
7. His ceasing to discharge the duties of his office for the period of three consecutive months, except when prevented by sickness, or when absent from the state by permission of the legislature.
8. His conviction of a felony, or of any offense involving a violation of his official duties.
9. His refusal, or neglect to file his official oath bond within the time prescribed.
10. The decision of a competent tribunal declaring void his election or appointment. [Pol. Code.]
Incumbent may be removed from office without notice or investigation if law does not require it. He has no constitutional right to judicial inquiry: 141 Cal. 216; 55 Cal. 79.
When office may be declared vacant for want of bond, see page 26.
Officer must discharge duties until successor is qualified.
SEC. 879. Every officer must continue to discharge the duties of his office, although his term has expired, until his successor has qualified. [Pol. Code.]
There are many officers in which the incumbent is authorized to hold over until election and qualification of successor, to which this section applies, but when term of office is fixed by constitution in definite and precise language, as in the case of the judges of the superior court, it is not competent for the legislature by such an act, as this section to extend that term: 138 Cal. 11.
Possession of books and papers.
SEC. 1014. Every public officer is entitled to the possession of all books and papers pertaining to his office, or in the custody of a former incumbent, by virtue of his office. [Pol. Code.]
Proceedings to compel delivery.
SEC. 1015. If any person, whether a former incumbent or another person, refuse or neglect to deliver to the actual incumbent, any such books or papers, such actual incumbent may apply by petition, to any court of record sitting in the county where the person so refusing or neglecting resides, or to any judge of the superior court residing therein, and the court or officer applied to must proceed in a summary way, after notice to the adverse party, to hear the allegations and proof of the parties, and to order any such books or papers to be delivered to the petitioners. [Pol. Code.]