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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.

Limitation on powers; loaning credit.

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.

Note.-Const., Art. XI, Sec. 10, and Art, IV, Sec.


Same; temporary loans.

Classification of counties.

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,





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.


SECTION 4022. Board, how many to compose.

4023. Qualifications.
4024. Term of office.

22_VOL. II.

SECTION 4025. When number increased or decreased, what Board

must do.
4026. Vacancy in Board, how filled.
4027. Members, how classified for election.
40:28. Chairman, permanent and temporary.
4029. Clerk, who is, and his compensation.
4030. Duties of Clerk.
4031. Books to be kept by the Board.
4032. Regular meetings fixed.
4033. Other regular meetings may be fixed.
4034. Special meetings, how called.
4035. Meetings and records public.

Board, how many to compose.

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.

Note.-See notes to Secs. 4000–4003. In Waugh vs. Chauncey, 13 Cal., p. 12, it was said by the Court that “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.” What is here said with special reference is true generally.

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4023. Each member of a Board of Supervisors must be an elector of the district he represents.

Term of office,

4024. The term of office of a Supervisor is three years.

NotE.--One who is not a Supervisor, but acts in the capacity of one, cannot be enjoined. — Trinity County vs. McCummon, 25 Cal., p. 117.

When number in


what Board must do.

4025. If, under the classification, the number of creased o Supervisors of any county is either increased or dimin

ished, the Board of Supervisors must re-district 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 act

ing 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.

NOTE.-Stats. 1855, p. 51, Sec. 2.


4026. Whenever a vacancy occurs in the Board of Vacancy in Supervisors, from a failure to elect or otherwise, the filled. County Judge must fill the vacancy by appointing for the unexpired term some qualified elector of the district in which the vacancy occurs.

4027. The members of the Board of Supervisors must be by themselves so classified that a number as nearly equal as may be must be elected each year; the member longest in commission is the Chairman of the Board; and when two or more commissions expire at the same time, the Board must elect a Chairman from those holding the oldest commissions. A Supervisor appointed to fill a vacancy is not the holder of the oldest commission, under this section, unless all the Supervisors are similarly situated.

NOTE.-Stats. 1855, p. 52, Sec. 6; 1857, p. 153, Sec. 2; 1858, p. 337, Sec. 6.

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.

NOTE.-Stats. 1855, p. 52, Secs. 6, 7.


how classi

tied for


permanent temporary.

4028. The Chairman must preside at all meetings Chairman, of the Board, and in case of his absence or inability and 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.

NOTE.-Rev. Stats. Iowa, p. 49, Sec. 308.

is, and his

Clerk, who compensa


Duties of

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 appl

tions 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.

Note.-Rev. Stats. Iowa, 1860, p. 52, Sec. 319; Stats. 1855, p. 52, Sec. 0.

Books to be kept by the Board.

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.

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