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May ordain 24. To make and enforce such rules and regulations rules to govern for the government of their body, the preservation of Board.

order, and the transaction of business, as may be

necessary. May pro

25. To adopt a seal for their Board, a description vido à seal,

and impression whereof must be filed by their Clerk in the offices of the County Clerk and Secretary of

State. May do all 26. To do and perform all other acts and things reother acts required or quired by law not in this Title enumerated, or which necessary.

may

be

necessary to the full discharge of the duties of the chief executive authority of the county government.

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.

4064. The Board must provide all poll lists, poll Provide

appliances 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.;

Certificates
issued as
Board of
Canvassers

“Health," Secs. 3039, 3063, ante; Title VIII, “Public Lands," Chap. I, Secs. 3446-3487, et alia, and elsewhere

in this Code, under appropriate heads. 4065. Whenever, as canvassers, the Board of Supervisors have declared the result of an election beld in the county, certificates must be by their Clerk issued to all persons elected to a county office or to a township or district office therein, and such other certificates must be made out and transmitted as required by the Title relative to “ Elections."

NOTE.-Stats. 1861, p. 511, Sec. 2. See Secs. 1283, 1284, 1285, ante.

Power to require at

Appoint- 4066. No appointment to fill a vacancy in office ments must be made on must be made by the Board except upon petition, potition.

signed by at least thirty qualified electors of the county, if for a county office, or by not less than fifteen of the qualified electors of the township or district, if for a township or district office.

NOTE.--Stats. 1863, p. 26, Sec. 1. 4067. The Board may, by their Chairman or the tendance of Chairman of any committee, issue subpænas to comwitnesses

pel the attendance of any person and the production of any books or papers relating to the affairs of the county, for the purpose of examination upon any mat

ter within their jurisdiction. Examina- 4068. A witness is bound to attend, when served, tion of witnesses. and to answer all questions which he would be bound

to answer in the same case before a Court of justice. Disobedience to the subpæna, or to an order to attend, or to testify, may be enforced by the Board, and for that purpose the Board has all the powers conferred by, and the witness is subject to all the provisions of, Chapter II, Title III, Part IV, of The CODE OF CIVIL PROCEDURE.

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4069. Neither the officers serving subpænas nor the witnesses subpænaed to testify in relation to mat

witnesses

ters of public concern before the Board of Supervisors Officers and are entitled to have their fees prepaid, but officers not to be must serve the subpænas and witnesses must attend without their fees being prepaid. The Board must allow them reasonable compensation for services and attendance.

Board

4070. The Board must not for any purpose con- When tract debts or liabilities, except in pursuance of law, must not or under ordinances of their own, adopted in accord- clinitra.com ance with the powers herein conferred; and whenever debts. debts and liabilities have been created which, added to the salaries of county officers and other estimated liabilities fixed by law for the remainder of the year, equal in the aggregate the revenue of the county for current expenses, no further allowance of any accounts must be made.

NOTE.-Stats. 1855, p. 54, Sec. 16.

opposo

against

4071. Any citizen and taxpayer of the county in Who may which he resides may appear before the Board and claims oppose the allowance of any claim or demand made county. against the county.

NOTE.-Stats. 1855, p. 55, Sec. 21. 4072. The Board of Supervisors must not hear or Account

how mado consider any claim in favor of an individual against and

prosecuted. the county unless an account properly made out, giving all items of the claim, duly verified as to its correctness, and that the amount claimed is justly due, is presented to the Board within a year after the last item of the account accrued.

NOTE.-Stats. 1865-6, p. 836, Sec. 1, modified.

must be

4073. No account must be necessarily passed upon Account by the Board unless made out as prescribed in the filed prior

to session, preceding section and filed by the Clerk at least one day prior to the session at which it is asked to be heard.

NOTE.-Stats. 1865-6, p. 836, Sec. 1, modified.

What claims to

4074. When the Board finds that any claim prebe rejected; sented is not payable by the county, or is not a proper proceedallowancer county charge, it must be rejected; if they find it to

be a proper county charge, but greater in amount than is justly due, the Board may allow the claim in part, and draw a warrant for the portion allowed, on the claimant filing a receipt in full for his account. If the claimant is unwilling to receive such amount in full payment the claim may be again considered at the next regular succeeding session of the Board, but not afterwards.

Note.-Stats. 1865–6, p. 836, Sec. 1, modified.

Claimant may sue,

4075. A claimant dissatisfied with the rejection of when, and his claim or demand, or with the amount allowed him

recover costs.

on his account, may sue the county therefor at any time within six months after the final action of the Board, but not afterward; and if in such action judgment is recovered for more than the Board allowed, on presentation of the judgment the Board must allow and pay the same, together with tlie costs adjudged; but if no more is recovered than the Board allowed, the Board must pay the claimant no more than was originally allowed.

NotE.-Stats. 1865-6, p. 836, Sec. 1, modified. 4076. Warrants drawn by order of the Supervisors on the County Treasury for the current expenses during each year, must specify the liability for which they are drawn, and when they accrued, and must be paid in the order of presentation to the Treasurer. If the fund is insufficient to pay any warrant, it must be registered, and thereafter paid in the order of its registration.

NOTE.-Stats. 1855, p. 54, Sec. 14.

What warrants must specify; how presented and paid.

In what transactions Supervisors not to be interested.

4077. No member of the Board must be interested, directly or indirectly, in any property purchased for the use of the county, nor in any purchase or sale

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