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thereof, and the amount of cash in the County Treasury and its several Funds.

NOTE.-Stats. 1867-8, p. 65, Sec. 1, modified.

Receive and apply donations

etc., to

purposes.

4084. The Board must receive from the United States or other sources lands and other property de land, granted or donated to the county for the purpose of specific aiding in the erection of county buildings, roads, bridges, or other specific purposes, and may use the same therefor, and may provide for the sale of the same and the application of the proceeds thereof.

NOTE.-Stats. 1867-8, p. 69, Sec. 1; also, Stats. 1870,

p. 757; 1870, p. 763 (entire Acts).

Improve

streams not

4085. The Board may provide for widening, deepening, straightening, removing obstructions from, and navigable. otherwise improving, all streams within the county, for use as public highways for rafting and floating lumber, when such streams are not declared by law to be and are not in fact navigable for commercial purposes, and provide regulations for the use thereof; but no regulations of the Board, nor improvements directed, must in any manner interfere with the private rights or privileges of riparian owners, miners, or others.

may be

on bond.

4086. Any Supervisor who neglects or refuses to What perform any duty imposed on him, without just cause recovered therefor, or who willfully violates any law provided for his government as such officer, or fraudulently or corruptly performs any duty imposed on him, or willfully, fraudulently, or corruptly attempts to perform an act, as Supervisor, unauthorized by law, in addition to the penalty provided in THE PENAL CODE, forfeits to the county five hundred dollars for every such act, to be recovered on his official bond, and is further liable on his official bond to any person injured thereby for all damages sustained.

NOTE.-Stats. Iowa, 1860, p. 50, Sec. 311.

24-VOL. II.

Chapter does not

apply to San

Francisco.

4087. This Chapter does not apply to the City

and County of San Francisco.

CHAPTER III.

COUNTY OFFICERS.

ARTICLE I. GENERAL PROVISIONS.

II. COUNTY JUDGE.

III. COUNTY TREASURER.

IV. SHERIFF.

V. COUNTY CLERK.

VI. COUNTY AUDITOR.

VII. COUNTY RECORDER.

VIII. DISTRICT ATTORNEY.

IX. COUNTY SURVEYOR.

X. CORONER.

XI. ASSESSORS, TAX COLLECTORS, SCHOOL SUPERINTEND-
ENT, PUBLIC ADMINISTRATOR, AND COMMISSIONER
OF HIGHWAYS.

XII. CONSTABLES, JUSTICES OF THE PEACE, AND INFERIOR

OFFICERS.

ARTICLE I.

GENERAL PROVISIONS.

SECTION 4101. Age, citizenship, and residence, as to county officers.

4102. Same as to district and township officers.

4103. County officers enumerated.

4104. Township and other inferior officers.

4105. Offices united and consolidated.

4106. Consolidating offices by the Board.

4107. Omission to consolidate.

4108. Oath, bond, and fees of consolidated offices.

4109. County officers, when elected, and term of office.

4110. County Judges and Justices election, and term of

office.

4111. Supervisors, when elected.

4112. May appoint deputies.

4113. Same.

4114. Official name of principal officer includes deputies.

4115. Vacancies, how filled.

4116. What offices to be kept at county seat.

SECTION 4117. Civil penalty for non-performance of duty attached

to official bond.

4118. County officers may administer oaths.

4119. Certain officers must reside at county seat.
4120. Absence of county officers from State.
4121. Certain officers prohibited from practicing law.
4122. Official bonds classified, and amounts thereof.
4123. When amount of bond is not fixed by law.
4124. Other provisions relating to county officers.

citizenship,

residence,

4101. No person is eligible to a county office who Age. at the time of his election is not of the age of twenty- and one years, a citizen of the State, and an elector of the county in which the duties of the office are to be exercised.

NOTE.-See note to Sec. 220, ante; see Secs. 841, 842, ante, and notes.

as to county officers.

district and

officers.

4102. No person is eligible to a district or town- Same, as to ship office who is not of the age of twenty-one years, township a citizen of the State, and an elector of the district or township in which the duties of the office are to be exercised or for which he is elected.

4103. The officers of a county are:

A County Judge;

A Treasurer;

A County Clerk;

An Auditor;

A Sheriff;

A Tax Collector;

A District Attorney;

A Recorder;

An Assessor;

A Surveyor;

A School Superintendent;

A Coroner;

A Public Administrator;

A Board of Supervisors; and

-In counties of the first class, for highway purposes,

a Commissioner of Highways.

County officers

enumer

ated.

Township and other inferior officers.

Offices

united and consolidated.

NOTE.-See Sec. 220, ante, and note; also, Penal Code Cal., Secs. 65, 77. Forfeiture of office.-Id., Sec. 18; see index, id., Title "Officers," etc.; also id., "Office." Removal from office, etc., id., Secs. 758-772, and notes. See, also, Code Civil Pro. Cal., "Usurpation of office," Secs. 802-809, and notes.

4104. The officers of townships are two Justices of the Peace, two Constables, and such other inferior and subordinate officers as are provided for elsewhere in this Code, or by the Board of Supervisors.

4105. In all the counties of the third class:

1. The County Clerk shall be ex officio Auditor and Recorder;

2. The Sheriff shall be ex officio Tax Collector; and 3. The Coroner shall be ex officio Public Administrator.

NOTE. In the case of Merrill vs. Gorham, 6 Cal., p. 43, Chief Justice Murray, speaking for the Court, said: "We can see no objection to his (the Sheriff's) exercising the duties of Collector, as they are of the same character as those of his office, and there is no constitutional inhibition. Indeed, motives of prudence and economy may often require the consolidation of different offices of the same character, and we would be reluctant to adopt a rule of construction which would effectually block the wheels of progress and reform and prevent the Legislature from dispensing with useless offices. The fact that the offices were consolidated before the election, and that the Sheriff was elected by the people of the same district, brings the case within the provision of the Constitution, which requires Collectors of taxes to be elected by the inhabitants of their districts." The reasoning of the learned Judge here sustains the text fully in all respects. See also “Coroner acting as Sheriff," People vs. Phoenix, 6 Cal., p. 92. See, also, confirming the first case supra, the cases of People vs. Edwards, Cal., p. 292, and Attorney General vs. Squires, 14 Cal., p. 16. When Clerk and Recorder consolidated, the officer performs the Auditor's duties as Recorder.-People vs. Darrach, 9 Cal., p. 324; see, also, People vs. Durick, 20 Cal., p. 94. Must give bonds for each office, though consolidated, 38 Cal., p. 76; People vs. Ross.

Stats. 1871-2, p. 17.

An Act to separate the office of County Recorder from
the office of County Clerk in the County of Men-
docino.

[Approved January 8, 1872.]

[Enacting clause.]

SECTION 1. At the general election to be held on the first Wednesday in September, A. D. 1873, there shall be elected, in addition to the county officers now provided for by law, for the County of Mendocino, a County Recorder, whose office shall be separate and distinct from the office of County Clerk.

SEC. 2. The Recorder, whose election is provided for by this Act, shall enter upon the duties of his office on the first Monday in March, A. D. 1874, and hold office for the term of two years, and until his successor is elected and qualified.

SEC. 3. The fees of the said office of Recorder of said county shall be the same as those now existing by law for recording, etc., in said county.

dating

offices by

the Board.

4106. By an ordinance adopted, recorded, and pub- Consolilished at least three months prior to a general election at which county officers are to be elected, the Boards of Supervisors of counties of the second class may unite and consolidate certain offices by declaring that:

1. The Recorder elected shall be ex officio Auditor; 2. The County Clerk elected shall be ex officio Auditor and Recorder;

3. The Sheriff elected shall be ex officio Tax Collector; and,

4. The Coroner elected shall be ex officio Public Administrator.

NOTE. As to consolidation of offices, see Merrill vs.
Gorham, and other cases, in note to Sec. 4105, ante.
See People vs. Ross, 38 Cal., p. 76, as to the bond by
one exercising two offices.

Stats. 1871-2, p. 170.

An Act to authorize the Public Administrator of
Contra Costa County to act as Coroner.

[Approved February 28, 1872.]

[Enacting clause.]

SECTION 1. The Public Administrator of Contra
Costa County shall be ex officio Coroner. He shall

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