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4046. The Boards of Supervisors, in their respec- General tive counties, have jurisdiction and power, under such powers. limitations and restrictions as are prescribed by law:

vise official

county

1. To supervise the official conduct of all county To superofficers, and officers of all districts and other subdi- conduct of visions of the county charged with assessing, collect- officers. ing, safe keeping, management, or disbursement of the public revenues; see that they faithfully perform their duties; direct prosecutions for delinquencies; and when necessary, require them to renew their official bonds, to make reports, and to present their books and accounts for inspection.

NOTE.-Stats. 1855, p. 54, Sec. 11.

county.

2. To divide the counties into townships, school, To district road, and other districts required by law, change the same and create others, as convenience requires.

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election

3. To establish, abolish, and change election pre- To create cincts, and to appoint Inspectors and Judges of Elec- precincts. tions, canvass all election returns, declare the result, and issue certificates thereof.

bridges,etc.

4. To lay out, maintain, control, and manage public Roads, roads, turnpikes, ferries, and bridges within the county, and levy such tax therefor as authorized by law.

sick.

5. To provide for the care and maintenance of the Indigent indigent sick, or the otherwise dependent poor of the county; erect, officer, and maintain hospitals therefor, or otherwise. provide for the same; and to levy the necessary tax therefor, per capita, not exceeding three dollars, and an ad valorem. tax not exceeding one fifth of one per cent, or either of such levies, when both are not required, on all taxpayers and taxable property of the county.

county

farm.

6. To provide a farm in connection with the County To provide Hospital, and make regulations for working the same. 7. When there are no necessary county buildings, to provide suitable rooms for county purposes.

To provide

rooms for county purposes.

Acquire property for the county.

Provide
County

8. To purchase, receive by donation, or lease any real or personal property necessary for the use of the county, preserve, take care of, manage, and control the same; but no purchase of real property must be made unless the value of the same has been previously estimated by three disinterested citizens of the county, appointed by them for that purpose, and no more than the appraised value must be paid therefor.

9. To cause to be erected and furnished a Court buildings. House, Jail, Hospital, and such other public buildings as may be necessary.

May sell county property.

Audit accounts of officers.

Allow

accounts.

Levy tax

for current expenses.

Board of Equalization.

To direct

legal pro

10. To sell at public auction at the Court House door, after thirty days previous notice given by publication in a newspaper of the county, or posted in five public places of the county, and convey to the highest bidder, for cash, any property, real or personal, belonging to the county, paying the proceeds into the County Treasury for the use of the county.

11. To examine and audit the accounts of all officers having the care, management, collection, or disbursement of moneys belonging to the county, or appropriated by law or otherwise for its use and benefit.

12. To examine, settle, and allow all accounts legally chargeable against the county, except salaries of officers, and order warrants to be drawn on the County Treasurer therefor, and provide for the issuing of the

same.

13. To levy such tax annually on the taxable property of the county as may be necessary to defray the current expenses thereof, including salaries otherwise unprovided for, not exceeding one dollar on every one hundred dollars of value for any one year; and to levy such taxes as are required to be levied by special or local statutes.

14. To equalize the assessments.

15. To direct and control the prosecution and deceedings. fense of all suits to which the county is a party.

property.

16. To insure the county buildings in the name of To insure and for the benefit of the county.

franchises.

17. To grant licenses and franchises, as provided by To grant law, for constructing, keeping, and taking tolls on roads, bridges, ferries, wharves, chutes, and piers.

pensation

18. To fix the compensation of all county officers Fix comnot otherwise in this Code or by general or special of officers. law fixed, and provide for the payment of the same.

vacancies.

19. To fill by appointment all vacancies that may To fill occur in county or township offices, except those of County Judge and Supervisor.

health reg

20. To adapt to the county the provisions in this To ordain Code, for the preservation of the health of San Fran- ulations. cisco or Sacramento, for such limited time as they may deem proper, and to provide for the expenses thereof.

for

21. To contract for the county printing, and provide To contract books and stationery for county officers.

printing.

proceed

22. At the adjournment of each session of the Board To publish to cause to be published in a newspaper or otherwise ings. a fair statement of all their proceedings, and semiannually a statement of the financial condition of the county.

certain reg

23. To make regulations for the destruction of May ordain gophers, squirrels, other wild animals, and noxious ulations. weeds, and to levy a special tax of not exceeding three cents on each one hundred dollars of taxable property, wherewith to pay rewards therefor. To make regula tions for the protection of game, fish, and shellfish, and for the prevention of injuries to sheep by dogs, and to tax dogs, and direct the application of the tax. When such regulations are made as provided in this section relating to game and fish, the laws of the State for the protection thereof are suspended in such county.

NOTE.-Stats. 1870, p. 316.

23-VOL. II.

May ordain rules to govern Board.

May pro

vide a seal.

May do all other acts

necessary.

24. To make and enforce such rules and regulations for the government of their body, the preservation of order, and the transaction of business, as may be necessary.

25. To adopt a seal for their Board, a description and impression whereof must be filed by their Clerk in the offices of the County Clerk and Secretary of State.

26. To do and perform all other acts and things rerequired or quired by law not in this Title enumerated, or which may be necessary to the full discharge of the duties. of the chief executive authority of the county gov

ernment.

NOTE.-In People vs. El Dorado County, 8 Cal., p. 58, Boards of Supervisors are held to have jurisdiction, and to exercise powers, as a body executive, legislative, and judicial, over the fiscal and police matters of the county. As to the exercise of its varied and mixed powers, and the effect of its orders and judgments, see Waugh vs. Chauncey, 13 Cal., p. 11; Finch vs. Tehama Co., 29 Cal., p. 453. Exercising powers formerly exercised by Court of Sessions.-People vs. Bircham, 12 Cal., p. 50. Claims against county.-El Dorado Co. vs. Elstner, 18 Cal., p. 144; People vs. Sup. El Dorado Co., 11 Cal., p. 171. The law alone authorizes the creation of a debt against a county.Foster vs. Coleman, 10 Cal., p. 278. No authority to set apart revenue for current expenses.-Laforge vs. Magee, 6 Cal., p. 285. Highways.-Binkett vs. San Joaquin Sup., 18 Cal., p. 702. Settlement with County Treasurer.-El Dorado Co. vs. Reed, 11 Cal., p. 131. Election precincts.-People vs. Sup. Marin Co., 10 Cal., p. 344. Power over offices and official bonds.Id. Franchises.-See Ferry and Bridge, ante; Henshaw vs. Butte Co. Sup., 19 Cal., p. 150; Fall vs. Paine, 23 Cal., p. 302. Municipal legislation.Shrader, ex parte, 33 Cal., p. 279; People vs. S. F. Sup., 27 Cal., p. 625; Creighton vs. Mason, 27 Cal., p. 613. As Board of Equalization.-See Title "Revenue," Secs. 3672-3682, ante, and notes. Consolidate offices.See Sec. 4106, post. Appointment to office is filling a vacancy.-Conger vs. Gilmer, 32 Cal., p. 75.

ARTICLE III.

OTHER POWERS AND RESTRICTIONS.

SECTION 4064. Provide appliances for holding elections. 4065. Certificates issued, as Board of Canvassers. 4066. Appointments must be made on petition. 4067. Power to require attendance of witnesses. 4068. Examination of witnesses.

4069. Officers and witnesses not to be prepaid.

4070. When Board must not allow claims or contract debts.
4071. Who may oppose claims against county.
4072. Account, how made and prosecuted.

4073. Account must be filed prior to session.

4074. What claims to be rejected. Proceedings on part

allowance.

4075. Claimant may sue, when, and when recover costs.
4076. What warrants must specify. How presented and

paid.

4077. In what transactions Supervisors not to be interested.
4078. Transfer of application, in what cases made.

4079. Notices, how given.

4080. Provide for cultivating shade and ornamental trees.
4081. Require Assessors to report statistics.

4082. Claims in favor of Supervisors.

4083. Annual statement, when made and what to contain.

4084. Receive and apply donations of land, etc., to specific

purposes.

4085. Improve streams not navigable.

4086. What may be recovered on bond.

4087. Chapter does not apply to San Francisco.

appliances elections.

4064. The Board must provide all poll lists, poll Provide books, blank returns and certificates, proclamations of for holding elections, and other appropriate and necessary appliances for holding all elections in the county, and allow reasonable charges therefor, and for the transmission and return of the same to the proper officers.

NOTE.-Stats. 1865-6, p. 511, Sec. 7. For other duties see Title "Of Elections," Secs. 1055, 1056, 1127– 1131, 1278, 1297, ante; Title "State Militia," Sec. 1899, et alia, ante; Title "Revenue," Secs. 3672-3682; Title "Highways," Articles I to VIII, Chap. IV; Articles I, II, III, "Toll Roads," Chap. V; "Public Ferries and Toll Bridges," Secs. 2842, et seq., Chap. VI; "Wharves, Chutes, and Piers," Sec. 2906, et seq.;

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