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General to

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Surveyor General, with surveys, maps, notes, and explanations touching disputed points.

3971. Upon such reports the Surveyor General Surveyor must finally determine and establish the common boun- etermine i daries 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.

3972. All surveys finally approved under the pro- Approved visions of this Chapter are conclusive ascertainments to be of lines and corners included therein.

surveys

conclusive.

heretofore

.

3973. All surveys and maps of boundary lines Surveys heretofore legally made and approved are declared mado 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.

3974. The cost of making such surveys must be Cost of apportioned equally among the counties interested, and to be apporthe Board of Supervisors must audit the same, and equally the amounts must be paid out of the General County interested. Fund.

3975. When a county is divided or the boundary Which is altered, all taxes levied before the division was made owns real

property or boundary changed must be collected by the officers when

county is of and belong to the county in which the territory was

divided. 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.

3976. Whenever the inhabitants of any county of Petition for

change of this State desire to remove the county seat of the county

seat.

Supervisors to order election.

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 seat is sustained in Upham vs. Sup. of Sutter County, 8 Cal., p. 378; see, also, Dickey vs. Hurlburt et al., 5 Cal., p. 344.

Notice of election, etc.

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, and by posting notices thereof in at least five public places in the county.

NOTE.-Stats. 1850, p. 199, Sec. 3.

3979. The election must be held and conducted Election,

how held and the returns made in all respects in the manner pre

conducted. scribed by law in regard to elections for county officers.

and

3980. In voting on the question, each elector must Voter to vote for the place in the county which he prefers as place he 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 Notice of

result. 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.

chosen to be county 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.

election to

3984. When the election has been held and a No second majority of the votes are cast for some other place be held than that fixed by law as the former county seat no one year.

second election for the removal thereof must be held within two years thereafter.

NOTE.-Stats. 1850, p. 199, Sec. 9.

Subsequent
removal of
county
seat.

3985. When the county seat of a county has been once removed, it may be again removed from time to time, in the manner prescribed by this Chapter; but no election must be ordered to effect any such subsequent removal unless a petition praying an election is signed by one third of all the electors of the county registered on the Great Register thereof, nor unless at such election, when ordered, a majority of all the votes cast are in favor of some other place as the county seat of the county; nor must two elections to effect such removal be held within any three years.

NOTE.-Stats. 1850, p. 199, Sec. 10, modified. See note to Sec. 3977, ante, and see Sec. 5, ante, Vol. I; see Stats. 1850, p. 19. This Title was put into immediate effect by Act of March 16, 1872.–See Stats. 1872,

p. 382.

TITLE II.

THE GOVERNMENT OF COUNTIES.

CHAPTER I. Counties as Bodies Corporate.

II. The Board of Supervisors.
III. County Officers.
IV. Salaries and Fees of Office.
V. Other County Charges.

CHAPTER I.

COUNTIES AS BODIES CORPORATE.

SECTION 4000. Every county a body corporate.

4001. Powers, how exercised.
4002. Name and designation.

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SECTION 4003. Enumeration of powers.

4004. Limitation on powers; loaning credit.
4005. Same; temporary loans.
4006. Classification of counties.
4007. Same.

4000. Every county is a body politic and corpo- Every rate, and as such has the powers specified in this Code,

a body

corporate. or in special statutes, and such powers as are necessarily implied from those expressed.

Note.-Const., Art. XI, Sec. 4, provides for the establishment of a uniform system of county governments. By Art. IV, Sec. 31, corporations for municipal purposes only may be formed by the Legislature. Id., Sec. 33, as to suits by and against.-See Secs. 4003 and 4452, post, and notes. See on this subject Price vs. County of Sacramento, 6 Cal., p. 254; Gilman vs. Contra Costa Co., 6 Cal., p. 676; id. 8, p. 52; McCann vs. Sierra Co., 7 Cal., p. 121. In Smith vs. Myers, 15 Cal., p. 33, it was held that the people of a county were not a corporation. County may be plaintiff.Solano Co. vs. Neville, 27 Cal., p. 465. Generally.Emeric vs. Gilman, 10 Cal., p. 404; Beals vs. Evans, 10 Cal., p. 459; Levy vs. Yuba Sup., 13 Cal., p. 636; People vs. Alameda Co., 26 Cal., p. 641; Calaveras

Brockway, 30 Cal., p. 325; Napa V. R. R. Co. vs. Napa Co., 30 Cal., p. 435; People vs. McGuire, 32 Cal., p. 140.

Co. vs.

4001. Its powers can only be exercised by the Powers, Board of Supervisors, or by agents and officers acting exercised. under their authority, or authority of law.

NOTE.-Sherbourne vs. Yuba Co., 21 Cal., p. 113. 4002. The name of a county designated in the Name and law creating it is its corporate name, and it must be tion. known and designated thereby in all actions and proceedings touching its corporate rights, property, and duties.

designa

Enumeration of powers.

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

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