SEC. 4000. Every county is a body politic and corporate, and as such has the powers specified in this code, or in special statutes, and such powers as are necessarily implied from those expressed.

See "County Government Bill," in appendix, post.

The act amending this section, and 4003, 4004, 4006, 4022, 4023, 4024, 4025, 4026, 4028, 4029, 4046, 4087, 4103, 4104, 4109, 4115, 4116, 4119, 4165, 4192, 4204, 4221, 4256, 4314, 4328, 4329, 4344, 4292, 4348, 4005, 4105, 4106, 4110, 4111, 4134, 4304, approved April 27, 1880, was declared unconstitutional and void in Leonard v. January, 56 Cal. 1.

County government.-Constitutional provision respecting the establishment by the legislature of a uniform system of county governments: Const. Cal. 1879, art. 11, sec. 4. determine this uniformity is left to the legisla

To

ture: People v. Lake County, 33 Cal. 487. And a similar section in the former constitution, article 11, section 4, was declared to be direc tory merely, in People v. Board of Supervisors, 50 Id. 563.

Counties are corporations: Smith v. Myers, 15 Cal. 33; quasi corporations: Price v. Sacramento County, 6 Id. 254; Calaveras County v. Brockway, 30 Id. 325. That a county is not a municipal corporation within the meaning of section 19 of this code, see People v. Sacramento, 45 Id. 692.

Municipal corporations defined: Sec. 4356, post.

4001. Powers of counties, how exercised.

SEC. 4001. Its powers can only be exercised by the board of supervisors, or by agents and officers acting under their authority or authority of law; provided, however, that whenever any board of supervisors shall, without authority of law, order any money paid as a salary, fees, or for other purposes, and such money shall have been actually paid; or whenever the county clerk or county auditor has drawn any warrant or warrants in his own favor, or in favor of any other person, without being authorized thereto by the board of supervisors, or by the law, and the same shall have been paid, the district attorney of such county is hereby empowered, and it is hereby made his duty, to institute suit in the name of the county against such person or persons to recover the money so paid, and twenty per cent damage for the use thereof; and no order of the board of supervisors therefor shall be necessary in order to maintain such suit; and provided further, that when the money has not been paid on such orders, it is hereby made the duty of the district attorney of such county to commence suit in the name of the county for restraining the payment of the same, and no order of the board of supervisors therefor shall be necessary in order to maintain such suit. [Amendment, approved March 24, 1874; Amendments 1873-4, 171; took effect from passage.]

County not liable for acts of officers which it was bound to employ, not for its benefit, but for the good of the public, as of a resident phy

sician at the county hospital: Sherbourne v. Yuba Co., 21 Cal. 113.

4002. Name and designation.

SEC. 4002. The name of a county designated in the law creating it is its corporate name, and it must be known and designated thereby in all actions and proceedings touching its corporate rights, property, and duties.

See note to next section.

4003. Enumeration of powers.

SEC. 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 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.

County's powers to sue and be sued. County may sue in its name: Solano Co. v. Neville, 27 Cal. 465; Mendocino Co. v. Lamar, 30 Id. 627. May act as relator in mandamus proceedings: People v. Alameda Co., 26 Id. 641. May be sued: Price v. County of Sacramento, 6 Id. 254; Gilman v. Contra Costa Co., Id. 676; McCann v. Sierra Co., 7 Id. 121; Gilman v. Contra Costa Co., 8 Id. 52; Neville v. Solano Co., 29 Id. 251; Bicknell v. Amador

4004. Limitation on indebtedness.

Co., 30 Id. 237. The people of the county are not a corporation, and can neither sue nor be sued: Smith v. Myers, 15 Id. 33. The private property of an individual cannot be seized under execution to satisfy a judgment debt against the county: Emeric v. Gi/man, 10 Id. 404.

Disposing of property.-A county may assign a warrant drawn in its favor by another county: Beals v. Evans, 10 Cal. 459.

SEC. 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.

This section was amended in 1880, to conform to the new constitution, article 11, section 18; but the act containing this amendment was

4005. Temporary loans.

declared unconstitutional in Leonard v. January, 56 Cal. 1.

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. The act repealing this section was declared unconstitutional in Leonard v. January, 56 Cal. 1. See sec. 4000, and note.

4006. Classification of counties.

SEC. 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.

The act of 1880, amending this section and dividing the counties into ten classes for purposes of taxation, was declared unconstitutional: See sec. 4000, in note.

Classification of counties: See post," County Government Bill," in appendix.

4007. Same.

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

ARTICLE I.

CHAPTER II.

THE BOARD OF SUPERVISORS.

ORGANIZATION AND TERMS OF BOARD.. II. GENERAL PERMANENT POWERS.. III. OTHER POWERS AND RESTRICTIONS. "The powers conferred upon boards of supervisors are not as broad as a glance at these provisions would indicate. Their power over

4022

4046

4064

roads, wharves, chutes, piers, gas, etc., is limited by the titles of the Political Code relative to these subjects:" Commissioners' note. ARTICLE I.

ORGANIZATION AND TERMS OF THE BOARD.

4022. Board, how many to compose.

SEO. 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. Unconstitutional amendment: See sec. 4000, in note.

"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:" Waugh v. Chauncey, 13 Cal. 12. Supervisors exercise judicial functions in laying

4023. Qualifications.

out a public road: Damrellv. San Joaquin, 40 Id. 154. Amador county was specially declared a county of the third class by act approved March 18, 1874; 1873-4, 443. Humboldt county was constituted a county of the second class by act approved March 18, 1876; 1875-6, 333.

But see, post, in appendix, "County Government Bill.'

SEC. 4023. Each member of a board of supervisors must be an elector of the district he represents.

Amendment of 1880 unconstitutional: See note to sec. 4000.

4024. Term of office.

Section 4024, relating to the term of office of supervisors, was repealed by an amendment approved March 7, 1881, and taking effect im

mediately: Statutes and Amendments, 1881, 73. This act was declared constitutional in Treadwell v. Yolo Co., 62 Cal. 563.

4025. When number increased or decreased, what board must do.

SEC. 4025. If, under the classification, the number of supervisors of any county is either increased or diminished, the board of supervisors must redistrict 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 acting reside; and if the number is decreased, no successors must be elected for supervisors whose terms expire until the number is decreased to that to which the county is entitled.

4026. Vacancy in board, how filled.

SEC. 4026. Whenever a vacancy occurs in the board of supervisors, from a failure to elect or otherwise, the county judge must fill the vacancy by appointing for the unexpired term some qualified elector of the district in which the vacancy occurs.

4027. Classification of members of board.

Section 4027 was repealed by an act approved March 7, 1881: Statutes and Amendments 1881, 73; which act was declared constitutional in Treadwell v. Yolo Co., 62 Cal. 563.

An act of 1880, purporting to repeal this same section, was declared unconstitutional: See sec. 4000, and note.

4028. Chairman, permanent and temporary.

SEC. 4028. The chairman must preside at all meetings of the board, and in case of his absence or inability to act, the members present must, by an order, select one of their number to act as chairman temporarily. Any member of the board may administer oaths to any person concerning any matter submitted to them or connected with their powers or duties.

An amendment of 1880 was declared unconstitutional: Leonard v. January, 56 Cal. 1. See sec. 4000, and note.

4029. Clerk, who is, and his compensation.

SEC. 4029. The clerk of the county is ex officio clerk of the board of supervisors. The records must be signed by the chairman and the clerk. The clerk must be paid such compensation as is provided by law, in full for all services as clerk of the board.

An amendment of 1880 was declared unconstitutional: See note, sec. 4000.

4030. Duties of clerk.

Signing public records: People v. E. L. & Y. C. Co., 48 Cal. 143; Pacheco v. Beck, 52 Id. 4.

SEC. 4030. The clerk of the board must:

1. Record all the proceedings of the board;

2. Make full entries of all their resolutions and decisions on all questions concerning the raising of money for and the allowance of accounts against the county;

3. Record the vote of each member on any question upon which there is a division, or at the request of any member present;

4. Sign all orders made and warrants issued by order of the board for the payment of money, and when he is not also the county auditor, certify the same to that officer;

5. Record the reports of the county treasurer of the receipts and disbursements of the county;

6. Preserve and file all accounts acted upon by the board;

7. Preserve and file all petitions and applications for franchises, and record the action of the board thereon;

8. Record all orders levying taxes; and,

9. Perform all other duties required by law or any rule or order of the board. "Rev. Stats. Iowa, 1860, p. 52, sec. 319; Stats. 1855, p. 52, sec. 5: " Commissioners' note.

4031. Books to be kept by the board.

SEC. 4031. The board must cause to be kept:

1. A "minute-book," in which must be recorded all orders and decisions made by them, and the daily proceedings had at all regular and special meetings;

2. An "allowance-book," in which must be recorded all orders for the allowance of money from the county treasury, to whom made, and on what account, dating, numbering, and indexing the same through each year;

3. A"road-book," containing all proceedings and adjudications relating to the establishment, maintenance, change, and discontinuance of roads, road districts, and overseers thereof, their reports and accounts;

4. A "franchise-book," containing all franchises granted by them, for what purpose, the length of time and to whom granted, the amount of bond and license tax required;

5. A "warrant-book," to be kept by the county auditor, in which must be entered, in the order of drawing, all warrants drawn on the treasury, with their

number and reference to the order on the minute-book, with the date, amount, on what account, and name of payee.

"Rev. Stats. Iowa, 1860, p. 52, sec. 318:" Commissioners' note.

4032. Regular meetings fixed.

SEC. 4032. The regular meetings of the beards of supervisors must be held at their respective county seats on the first Mondays in May, August, November, and February of each year, and must continue from time to time until all the business before them is disposed of. Such other meetings must be held, to canvass election returns, equalize taxation, and other purposes, as are prescribed in this code or provided for by the board.

May 14, 1883, sec. 22: Ex parte Benninger, 64
Cal. 291.

Stats. 1861, p. 511, sec. 1; 1867-8, p. 541, sec. 1. Adjourned meeting under this section is not put an end to by the county government act of 4033. Other regular meetings may be fixed.

Quorum.-The majority of a quorum may act: People v. Harrington, 63 Cal. 257.

SEC. 4033. In the counties of the first and second classes additional regular meetings, not exceeding two in each year, may be provided for, fixed, and held for the transaction of business, by an order duly entered of record, in which must be specified the character of business to be transacted at such additional regular meetings, and none other than that specified must be transacted. Notice of the order fixing such additional meetings must be published for four weeks, in a paper published in the county, before the ordinance is effective.

4034. Special meetings, how called.

SEC. 4034. If at any time after the adjournment of a regular meeting the business of the county requires a meeting of the board, a special meeting may be ordered by a majority of the board. The order must be entered of record, and five days' notice thereof must, by the clerk, be given to each member not joining in the order. The order must specify the business to be transacted, and none other than that specified must be transacted at such special meeting. Stats. 1855, p. 52, sec. 5.

4035. Meetings and records public.

SEC. 4035. All meetings of the board must be public, and the books, records, and accounts must be kept at the office of the clerk, open at all times for public inspection free of charge.

Stats. 1855, p. 52, secs. 6-8.

4045. Fixing licenses.

ARTICLE II.

GENERAL PERMANENT POWERS.

SEC. 4045. The board of supervisors, in their respective counties, have jurisdiction and power, under such limitations and restrictions as are prescribed by law, and in addition to their other jurisdiction and powers, to impose a license tax, at a rate to be fixed annually by them, upon the following-named persons, occupations, and business:

1. Auctioneers, bridges, ferries, wharves, chutes, piers, persons engaged in banking, loaning money at interest, or in buying or selling notes, bonds, or other evidences of indebtedness of private persons; or in buying or selling state, county, or city stocks, or other evidences of state, county, or city indebtedness, or stocks; or notes, bonds, or other evidences of indebtedness of incorporated companies; or in buying or selling gold-dust, gold or silver bullion, or gold or silver coin; proprietors of billiard-tables not kept exclusively for family use,