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SEC. 3. This Act shall take effect from and after its passage.

Stats. 1871-2, p. 183.

An Act concerning official bond of Public Administrator of Contra Costa County.

[Approved March 1, 1872.]

[Enacting clause.]

SECTION 1. The official bond of the Public Administrator of Contra Costa County is hereby fixed at the sum of five thousand dollars; provided, that the Board of Supervisors of said county may at any time order a special bond in addition thereto, when in their judgment said additional bond may become necessary.

SEC. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed.

SEC. 3. This Act shall take effect from and after its passage.

Stats. 1871-2, p. 412.

An Act to amend an Act entitled “An Act to regulate the fees and salaries of officers and defining their duties in the County of El Dorado, and other matters relating thereto," approved March 5th, 1870.

[Approved March 16, 1872.]

[Enacting clause.]

SECTION 1. Section 39 of the above entitled Act is hereby amended so as to read as follows:

Section 39. The amount of bonds of the several officers named in this Act shall be as follows: County Clerk, ten thousand dollars; County Clerk, as ex officio Recorder, ten thousand dollars; County Clerk, as ex officio Auditor, ten thousand dollars; Sheriff, thirty thousand dollars; Sheriff, as ex officio County Treasurer, forty thousand dollars; Sheriff, as ex officio Tax Collector, twenty thousand dollars; Assessor, five thousand dollars; Assessor, as ex officio Collector of poll tax, road tax, and licenses, five thousand dollars; District Attorney, three thousand dollars; Surveyor, one thousand dollars; Coroner, one thousand dollars; Coroner, as ex officio Public Administrator, ten thousand dollars, which may be increased in the discretion of the Probate Judge; County Superintendent of Common Schools, two thousand dollars; Justices of the Peace, five hundred dollars; Constables, five hundred dollars.

SEC. 2. This Act shall take effect and be in force from and after its passage.

Amended again, Stats. 1872, p. 594-5, of Act approved March 27, 1872:

SEC. 7. Section 39 of said Act is hereby amended so as to read as follows:

Section 39. The amount of bonds of the several officers named in this Act shall be as follows: County Clerk, ten thousand dollars; County Clerk as ex officio Auditor, ten thousand dollars; County Clerk as ex officio Recorder, ten thousand dollars; Sheriff, thirty thousand dollars; Sheriff, as ex officio County Treasurer, forty thousand dollars; Assessor, five thousand dollars; Assessor, as ex officio Tax Collector of property taxes, twenty thousand dollars; Assessor, as ex officio Collector of poll tax and State and county business licenses, five thousand dollars; District Attorney, three thousand dollars; Surveyor, one thousand dollars; Coroner, one thousand dollars; Coroner, as ex officio Public Administrator, ten thousand dollars, which may be increased, in the discretion of the Probate Judge; County Superintendent of Common Schools, two thousand dollars; Justices of the Peace, five hundred dollars; Constables, five hundred dollars.

SEC. 8. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed, so far as they relate to El Dorado County.

SEC. 9. This Act shall take effect and be in force. from and after its passage, but shall not apply to any of the present county officers during their present term of office.

4123. When the amount of the bond to be given by any county or township officer is not fixed by law, the amount must be fixed by the Board of Supervisors.

4124. Other provisions relating to the different classes of officers are contained in Chapter VII, Title I of Part III of this Code.

"Con

NOTE.-See Secs. 841, 842, as to "qualifications."
"Oath," Secs. 904, 908, 909, 910, ante. "Prohibitions
in contracts," etc., Secs. 920-926, 4077, ante.
tested," Secs. 936, 937, ante, and notes. "Bonds,"
947, et seq., and notes, ante. "Resignations, vacancies,"
etc., Sec. 995, ante, Subds, 4, 5, and Secs. 996-1004,
and notes, ante. "Delivery of official books," etc.,
Secs. 1014-1016. "Office hours," etc., Sec. 4116 and
note, ante. "Removals," Code Civil Procedure Cal.,
Secs. 802-809, inclusive, and note.

When bond is not

amount of

fixed by

law.

Other

provisions

relating to

County officers.

ARTICLE II.

COUNTY JUDGE.

1880 Duty of County

773 Judge.

SECTION 4134. Duty of County Judge.

4134. The County Judge must:

1. Perform the duties of a magistrate; 3-36-Rafale 2. Hold County and Probate Courts;

3. Take and certify acknowledgments to the execution of instruments in writing, and grant certificates to the official character of the County Clerk;

4. Certify to the ownership of wrecked property or its proceeds; and

5. Perform such other duties as are prescribed in any of the laws of this State.

NOTE.-See Secs. 220, 920-926, 1014–1016, ante, and

notes.

Subd. 1. Magistrate defined.-Penal Code Cal., Sec. 807 (102), and note; id., Sec. 808 ( 103), Subd. 3. County Judge magistrate, duties as such.-Id., Secs. 811-829, inclusive, and notes; also, Secs. 858-883, and

notes.

Subd. 2. County Court.-See Code of Civil Procedure Cal., Secs. 82-90. Judge, jurisdiction, etc.; forcible entry and detainer.-Sec. 1163. To dissolve corporation.-Sec. 1227. To change names.-Sec. 1275. Contest elections.-Secs. 1118-1122; see, also, id, Secs. 106, 975-980, and 959. To hold Court in other county. Id., Sec. 161. Discharge from imprisonment.—Id., Sec. 1144. Chambers.-Sec. 166. Name successor to justice.-Sec. 918. Appeals.-Secs. 975-980. Probate Court.-Code Civil Procedure, Secs. 94-100. Jurisdiction, proceedings, and practice, in Title XI, Part III, Code Civil Procedure.

Subd. 3. See Civil Code Cal., Vol. I, p. 319, et seq., Secs. 1181-1201, and notes.

Subd. 4. See Secs. 2407-2415, ante, and notes. See id, "Homestead," Secs. 1245-1258. In People vs. Templeton it was held that the Legislature could not change the term of County Judge.-See 12 Cal., p. 394. Similar to this is the case of Roseborough, County Judge of Siskiyou, 14 Cal., p. 187, where the Court say: "We held in the case of Templeton, supra, that the Constitution fixes the period of the tenure of a

Judge of a county, to wit: at four years," etc. Chief
Justice Field concurred, on the authority of The Peo-
ple vs. Weller ex rel. McKune, 11 Cal., p. 49; and The
People vs. Martin, 6 Cal., p. 477.-See Sec. 83, Co.
Civ. Pro. Cal., and note. Salaries.-Sec. 4329, post,
and note; Stats. 1871-2, pages and subjects as follows:
Judge, County.-Colusa, Salary Fund of, p. 99; El
Dorado, salary of, p. 594; Los Angeles, salary of, p.
62; San Joaquin, to appoint Phonographic Reporter, p.
551; Ventura, appointment, election, and salary of,
p. 485.

ARTICLE III.

COUNTY TREASURER.

SECTION 4144. Duty of County Treasurer.

4145. To receive no money, except on certificate of Auditor.
4146. Must receipt for money.

4147. Mode of redeeming warrants.

4148. Registry of warrants, when no funds.

4149. Notice of redemption of warrants.

4150. What it must state, and how published.

4151. Priority in payment of warrants.

4152. Funds reserved sixty days therefor.

4153. Must note the interest paid on warrant.

4154. Settlements, when and how made-monthly and annu

ally.

4155. Report to Board of Supervisors each session.

4156. Penalty for not reporting.

4157. When he must sue District Attorney.

4158. When he must sue Coroner.

4159. What he must do with property received from Coroner.
4160. Money from Coroner in Treasury may be demanded

within six years.

4161. Treasurer must not loan public money or make general

deposit.

4162. Supervisors may suspend Treasurer.

4163. No commissions allowed.

4164. Books and vouchers subject to inspection.

4165. Treasurer must permit Auditor to examine his books,

etc.

4144. The County Treasurer must:

1. Receive all moneys belonging to the county, and Duty of

County

all other moneys by law directed to be paid to him, Treasurer.

safely keep the same, and apply and pay them out, rendering account thereof as required by law;

Same.

To receive

no money,

2. File and keep the certificates of the Auditor delivered to him when moneys are paid into the Treasury;

3. Keep an account of the receipt and expenditure of all such moneys, in books provided for the purpose; in which must be entered the amount, the time when, from whom, and on what account all moneys were received by him; the amount, time when, to whom, and on what account all disbursements were made by him;

4. So keep his books that the amount received and paid out on account of separate Funds or specific appropriations are exhibited in separate and distinct accounts, and the whole receipts and expenditures shown in one general or cash account;

5. Enter no moneys received for the current year on his account with the county for the past fiscal year, until after his annual settlement for the past year has been made with the County Auditor;

6. Disburse the county moneys only on county warrants issued by the County Auditor, based on orders of the Board of Supervisors, or as otherwise provided by law.

NOTE.-Disbursements by Treasurer must be only

on the warrants of the Auditor issued on claims allowed by the Supervisors.-People vs. Fogg, 11 Cal., p. 351; see notes to Sec. 220, ante, and note, and Sec. 176, Penal Code Cal.; also, id., Secs. 424, 425, 426, 440.

Subd. 6. See requirements of Sec. 925, ante, and note; also, Secs. 920-926, 1014–1016, ante, and notes.

4145. He must receive no money into the Treasexcept on ury unless accompanied by the certificate of the Audiof Auditor. tor provided for in Section 4217.

certificate

Must

receipt for money.

4146. When any money is paid to the County Treasurer he must give to the person paying the same a receipt therefor, which must forthwith be deposited with the County Auditor, who must charge the Treas

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