3979. The election must be held and conducted Election, how held and the returns made in all respects in the manner and scribed by law in regard to elections for county officers. pre- conducted. 3980. In voting on the question, each elector must vote for the place in the county which he prefers as the seat of justice, plainly designating it in his ballot. NOTE.-Stats. 1850, p. 199, Sec. 4. Voter to vote for place he prefers. result. 3981. When the returns have been received and Notice of 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. 3982. In the notice provided for in Section 3981, 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. Place chosen to be county seat. 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. 3984. When the election has been held and a majority of the votes are cast for some other place than that fixed by law as the former county seat no No second election to be held within one year, Subsequent removal of county seat. second election for the removal thereof must be held within two years thereafter. NOTE.-Stats. 1850, p. 199, Sec. 9. 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. III. County Officers. IV. Salaries and Fees of Office. CHAPTER I. COUNTIES AS BODIES CORPORATE. SECTION 4000. Every county a body corporate. 4001. Powers, how exercised. 4002. Name and designation. SECTION 4003. Enumeration of powers. 4004. Limitation on powers; loaning credit. 4005. Same; temporary loans. 4006. Classification of counties. 4007. Same. County corporate. 4000. Every county is a body politic and corpo- Every rate, and as such has the powers specified in this Code, a body or in special statutes, and such powers as åre necessarily implied from those expressed. NOTE.-Const., Art. XI, Sec. 4, provides for the how 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. designa 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. 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 Enumeration of powers. Same. Limitation on powers; loaning credit. Same; temporary loans. Classifica tion of counties. 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. NOTE.-A corporation can do nothing except that which it is expressly authorized by law to do, or absolutely and appropriately necessary for the conduct of the business authorized to be conducted.-Vandall vs. So. S. F. W. and Dock Co., 40 Cal., p. 83; see Civ. Code Cal., Vol. I, Secs. 354-360, and notes; see Code Civil Procedure Cal., Title VII, Part III, "Eminent Domain," and note; Huffman vs. San Joaquin Co., 21 Cal., p. 426. See Sec. 2732, ante, "Responsible for keeping bridges in repair." The county acts through its Board of Supervisors. 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. 37. NOTE.-Const., Art. XI, Sec. 10, and Art. IV, 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. 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. NOTE.-Under the Federal census for the year 1870 the counties of this State are classified as follows: First class-Alameda, Sacramento, San Joaquin, and Santa Clara-4; Second class-Amador, Butte, Calaveras, Contra Costa, El Dorado, Los Angeles, Monterey, Nevada, Placer, Santa Cruz, Solano, Sonoma, Tuolumne, Yolo, and Yuba-15; Third class-Alpine, Colusa, Del Norte, Fresno, Humboldt, Inyo, Kern, Klamath, Lake, Lassen, Marin, Mariposa, Mendocino, Merced, Mono, Napa, Plumas, San Bernardino, San Diego, San Luis Obispo, San Mateo, Santa Barbara, Shasta, Sierra, Sutter, Siskiyou, Stanislaus, Tehama, Trinity, and Tulare-30. San Francisco, having a local government, is not placed in either class. The new county of Ventura goes into the third class. 4007. Whenever a new census is taken, the coun- Same. ties, on the first day of July next thereafter, are, by operation of law, classified under such census. NOTE.-Many Acts of a local and special character relating to Boards of Supervisors, are to be found in the Statutes of 1871-2 by reference to the index thereof; they are not more fully referred to here, because they are not of a general character. CHAPTER II. THE BOARD OF SUPERVISORS. ARTICLE I. ORGANIZATION AND TERMS OF BOARD. II. GENERAL PERMANENT POWERS. III. OTHER POWERS AND RESTRICTIONS. NOTE.-The powers conferred upon Boards of Supervisors are not as broad as a glance at these provisions would indicate. Their power over roads, wharves, chutes, piers, gas, etc., are limited by the Titles of the Political Code relative to those subjects. ARTICLE I. ORGANIZATION AND TERMS OF THE Board. SECTION 4022. Board, how many to compose. 4023. Qualifications. 4024. Term of office. 22-VOL. II. |