1193. SEC. 5. When the returns shall have been received and compared, and the Notice of rosult result ascertained by the county judge, if a majority of all the votes cast, shall have been given in favor of any particular place, it shall be his duty to give notice of the result, by publication in some newspaper, if there be one printed in the county; if not, then by causing notices thereof to be posted up in not less than five public places in the county. If no particular place shall have received such majority, then a new election shall be ordered forthwith by the county judge, giving fifteen days' notice, in New election. manner and form as herein specified, to determine which of the two places receiving the greatest number of votes at the previous election, shall be the county seat. [Amendment, passed May 13, 1854, 198. 1194. SEC. 6. In such notice he shall declare the place selected to be the seat of Form of notice. justice of the county, from and after some day to be named therein, which day shall be the earliest at which offices can be procured at the new seat of justice for the use of the several county officers, and for the security of their records, and shall in no case be more than ninety days after the day of election. 1195. SEC. 7. After the day named in the notice, the place chosen shall be the seat Removal of justice of the county. 1196. SEO. 8. Whenever any election has been held, as provided for in the preceding Statement of sections of this act, the statement made up by the county judge, showing the result result. thereof, shall be deposited in the office of the court of sessions, and whenever he shall give the notice prescribed by the fifth section of this act, he shall transmit a certified copy thereof to the secretary of State. election for 1197. SEC. 9. When an election has been held, and a majority of all the votes cast Limitation as to has been given for some other place than that fixed as the seat of justice of the county second removal. by the "Act subdividing the State into counties, and establishing the seats of justice therein,"() no second election for the removal of the seat of justice shall be held within one year thereafter. 1198. SEC. 10. When the seat of justice of any county has been once removed, it subsequent may be again removed from time to time, in the manner prescribed by this act; but removals. no election shall be ordered to effect any such subsequent removal, unless the petition praying an election be signed by a majority of all the electors of the county, nor unless at such election, when ordered, two-thirds of all the votes cast shall be given in favor of some other place as the seat of justice of the county, nor shall two elections, to effect such removal, be held within any three years. III. CLAIMS AGAINST COUNTIES. An Act concerning the auditing of accounts by the court of sessions and board of supervisors. Approved May 12, 1853, 164. 1199. SECTION 1. The district attorney, when not in attendance upon the district Duty of district court or court of sessions as criminal prosecutor, shall attend the sittings of the board attorney. of supervisors or court of sessions (as the case may be), when engaged in auditing accounts and claims brought against the county, and in all cases oppose such accounts or claims as he may deem unjust, illegal, or extortionate. 1200. SEC. 2. No district attorney, except for his own services, shall be allowed to present any claim, account or demand for allowance against his own county, or in any way to advocate the relief asked on the claim or demand made by another. 1201. SEC. 3. Any person being a citizen and tax-payer of the county in which he Citizens and taxresides, may appear before the board of supervisors or court of sessions (as the case payers may oppose claims, may be), and oppose the allowance of any claim or demand made against the county; provided, however, that the provisions of this section shall not apply to cases where Proviso. fees are prescribed by statute. An Act to limit the time for presentation of claims against counties, and for receiving payment for the same. Approved April 2, 1857, 167. 1202. SECTION 1. All unaudited claims or accounts against any county in this State Unaudited shall be presented to the board of supervisors of the said county, duly authenticated, claims. 14 Cal. 219. within twelve months from the time such claims or accounts become due and payable; () The act referred to was passed February 18, 1850, 58; amended April 5, 1850, 155, and April 18, 1850, 262, and repealed April 25, 1851, 180. Proviso. Strict compliance. Rejection by one board final, Forfeiture. San Francisco excepted. Presentation of claims. Suits. Proviso. Liabilities of officers. Proviso, provided, nothing contained in this section shall be so construed as to prevent the presentation and auditing of any claim now due against any county in this State, ut any time within twelve months from the passage of this act. 1203. SEC. 2. No claims or accounts against any county in this State shall be audited or allowed by the board of supervisors, or any other authority of said county, unless the provisions of the foregoing section are strictly complied with. 1204. SEC. 3. No claim which has once been presented and rejected, shall ever again be considered or allowed, by any subsequently elected and organized board of supervisors of the same county. 1205. SEC. 4. All claims allowed by the board of supervisors of any county, for which warrants are not demanded and drawn from the county auditor within one year from the date of their allowance, shall be forfeited to the county and canceled, and the clerk of the board of supervisors shall write opposite the claims so forfeited, the words "Forfeited and Canceled." [Amendment, approved April 8, 1863, 233. 1206. SEC. 5. The provisions of this act shall not be deemed to apply to the City and County of San Francisco. An Act more effectually to limit the time for the presentation and allowance of claims against counties. Approved March 5, 1864; 1863-4, 152. 1207. SECTION 1. No unaudited claim or demand of whatsoever description shall hereafter be approved, allowed, or paid out of any county treasury, or out of any public funds of any county, unless such claim or demand be duly presented to and be duly audited and allowed by the proper auditing officer, board, or authority, within one year after such claim or demand shall accrue or become due and payable; or in case such claim or demand shall be improperly rejected by such auditing officers or authority, unless suit be commenced within three months thereafter in the proper court, and be successfully prosecuted, to enforce the allowance and payment of such reputed claim. All claims and demands not presented and allowed, or for the enforcement of which suits shall not be commenced and successfully prosecuted as aforesaid, shall be forever barred and extinguished; provided, that nothing in this act shall be deemed or have effect to give a right of action to enforce the allowance or payment of any claim where such right of action does not exist by virtue of the laws now in force, nor to have any claim, which shall be presented to the proper auditing officers within one year after the passage of this act and be allowed, or in case of rejection be sued for, as in this act provided. 1208. SEC. 2. If any claim or demand which is barred by the provisions of the preceding section shall hereafter be paid out of any county treasury, or out of any publio funds of any county, each and every officer, including each supervisor, who shall have approved or allowed the same by his official action, shall be jointly and severally liable for the amount thereof, and the same may be recovered by action, to be commenced and prosecuted in the name of the proper county; provided, that in such action but one satisfaction shall be recovered. Where commenced. IV. SUITS BY OR AGAINST COUNTIES. An Act prescribing the manner of commencing and maintaining suits by or against counties. 1209. SECTION 1. Suits against a county may be commenced in any court of that 5 Cal. 288. 6 Cal. County, or in a district court of the judicial district in which such county is situated, 254, 6 Cal. 676, in the same manner as suits against private persons: Provided, that suits between 305. 15 Cal. 33. counties shall be commenced in a court of competent jurisdiction, in any county not a party to such action. 8 Cal. 52. 8 Cal. Proviso. 20 Cal. 75. 21 Cal, 118. 21 Cal. 426. Service of process. Duty of district attorney. 1210. SEC. 2. In counties where there is a board of supervisors, having an acting chairman or president of such board, the original process and papers shall be served on such chairman or president, in the same manner as upon private persons; when there is no such chairman or president, they shall in like manner be served on the county judge of the county. 1211. SEC. 3. Immediately on the service of such process, it shall be the duty of the officers so served, to deliver such process, and all papers accompanying the same, to the district attorney for such county, whose duty it shall be to defend such cause or proceeding, on the part of such county, until final judgment or compromise of such suit or proceeding. 1212. SEC. 4. Suits brought for or against a county, shall be by or in the name of In name of such county. An Act to declare exempt from forced sale under execution, or other process, certain property of the several counties of this State. counties. exempt from 1213. SECTION 1. The following described property, belonging to each county in County property this State, is hereby declared exempt from forced sale under execution or other pro- execution. cess, from any court: First. The court-house, jail, public buildings, and offices, together with any lots or Public buildings land belonging to the county. and lands. Second. The fixtures, furniture, books, papers and appurtenances belonging and Fixtures, furniture, &c. pertaining to the court-house, jail, and public offices. [An Act to provide for the payment of fees and costs in civil actions by and against counties, approved April 12, 1859, 223, was repealed by an Act concerning suits wherein the State is a party, approved March 28, 1864; 1863-4, 261. See PRACTICE ACT, post, 5597] V. COUNTIES AS STOCKHOLDERS IN RAILROAD COMPANIES. An Act to authorize the counties of the State of California to become stockholders in railroad companies. Approved April 16, 1859, 268. 1214. SECTION 1. Any of the counties of this State are hereby authorized to sub- In what roads. scribe for stock, or purchase stock, and become stockholders in any railroad company now organized, or now being organized, or which may hereafter organize, for the construction of a railroad, extending in whole or in part through such county, not exceed- Amount. ing in amount five per cent. on the taxable property of any such county, as shown by the last preceding assessment-roll, in the manner following: 1215. SEC. 2. Whenever a petition, signed by fifty of the qualified electors of the Petition. county, owning real estate in the county, to subscribe for stock, or purchase stock in any designated railroad, extending in whole or in part through such county, and specifying the amount of stock it is desired the county shall take, shall be presented to the board of supervisors of any county of this State, said board of supervisors shall cause to be entered in the journal of their proceedings a copy of said petition, and shall submit to the qualified electors of said county, at the next general election thereafter, or at a special election called therefor, the proposition, whether or not said stock shall be subscribed for, or purchased, as petitioned for. If two or more petitions shall be presented to said board, with different sums therein named, the said board of supervisors shall, by an order entered in the minutes of their proceedings, determine the amount to be voted on by the people. 1216. SEC. 3. The proposition to be submitted to the people, as provided for in the Submission to last section, shall be in the following form: Shall the County of Railroad Company? subscribe for (or purchase) dollars of stock in the vote. And a notice of said election, and the object thereof, and of said proposition, shall Publication. be published in some newspaper in the county, if any there be, and if no newspaper be published in said county, then by posting notices thereof in three of the most public places in each of the townships of the county, for one month next prior thereto. 1217. SEC. 4. The voting at such election shall be by ballot, and those voting in Ballots. favor of the county taking stock shall have written, or printed, on their ballots, the words, "Railroad Stock-Yes;" and those voting in opposition to the stock being taken, shall have written, or printed, on their ballots, the words, "Railroad StockNo." election returns. 1218. SEO. 5. The said ballots shall be returned, counted, and canvassed, in the Canvass of same manner as the ballots at the general election for State and county officers are returned, counted, and canvassed; and if two-thirds of all the votes cast on said proposition should be in favor of the county subscribing for or purchasing stock, it shall be the duty of the board of supervisors, within five days after the result shall be ascer Subscription. County bonds. Amount of bonds. Interest. First payment of principal. Special tax. Railroad fund. Proposals for surrender of bonds. Proviso. Payment Coupons. Cancelation. tained, or as soon thereafter as may be practicable, to subscribe for the amount of 1219. SEC. 6. If there should be no funds in the county treasury with which to pay 1220. SEC. 7. Said bonds shall be issued for sums of not less than five hundred dollars each, and coupons for the interest shall be attached to each bond, so that the coupons may be removed without injury to the bond. 1221. SEC. 8. The bonds issued in accordance with the provisions of this act, shall bear interest at a rate not exceeding eight per cent. per annum, and shall be paid by money raised by taxation upon all taxable property of the county, in ten annual instalments. [Amendment, approved April 18, 1860, 208; took effect from passage. 1222. SEC. 9. It shall be the duty of the board of supervisors to cause the first payment on the principal of the bonds issued in accordance with the provisions of this act, to be made on the first day of December of the tenth year subsequent to the levy of taxes, for the purpose of paying the bonds issued under this act; and the amount then paid shall be one-tenth of the principal debt contracted by the issuance of said bonds, and the interest then due upon the entire amount of said debt shall be paid, together with the entire amount of interest then due, until the whole debt shall be discharged. [Amendment, approved April 18, 1860, 208; took effect from passage. 1223. SEC. 10. It shall be the duty of the board of supervisors, annually, to levy upon all the taxable property of the county, a sufficient per centum tax to pay the amount of principal and interest due for that year; and said levy shall be made early enough in the year to enable the collector to collect the same at the same time, and in the same manner as the annual State and county tax shall be collected; and it is here made the duty of the collector of taxes, to collect said tax at the same time, and in the same manner as State and county taxes are, by law, required to be collected. 1224. SEC. 11. The taxes collected in accordance with the provisions of this act, shall be paid into the county treasury, and shall be set apart for a railroad fund; and as soon as the same shall be paid in, the treasurer shall advertise, in one newspaper published in the county, and in one in the City of San Francisco, for the period of one month, that sealed proposals will be received at the office of said treasurer on the first day of the succeeding December, from the holders of the bonds issued in pursuance of this act, for the surrender of the same; said proposals shall specify the lowest cash amount which the holder will surrender his bond for. The said treasurer shall open said proposals at the time and place specified in the publication, in the presence of such persons as choose to be present, and shall accept any of such as shall pay off and cancel the greatest amount of said bonds: Provided, that no bonds shall be redeemed at a greater sum than one hundred cents on the dollar. 1225. SEC. 12. The payment and redemption of bonds referred to in this act, shall be the payment and redemption of the principal debt or original bond, and the interest shall be annually paid, as herein provided, on the first day of December, upon the presentation of the coupons attached to the bonds. Twenty coupons shall be attached to each bond, and shall be numbered, and shall express thereon the amount of interest due each year, when payable and where, and shall be signed by the treasurer and president of the board of supervisors, in the same manner as the bonds are required to be signed. [Amendment, approved April 18, 1860, 208; took effect from passage. 1226. SEC. 13. Whenever the treasurer shall pay any coupons or bonds, under the provisions of this act, he shall cancel the same, and preserve said canceled bonds and coupons, and keep a record thereof, giving the number, date, and amount thereof, and from whom received, and shall write across said bonds, or coupons, the words “ celed by me," and sign his name thereto as treasurer. can treasurer. 1227. SEO. 14. It shall not be lawful for the treasurer to issue a greater number of Duty of bonds than provided for in this act, nor pay the same in any other manner than as herein provided. Courts of Justice and Judicial Officers. I. COURTS, JUDGES, AND JURISDICTION. [THE acts of 1850 in regard to the organization of the courts, were as follows: An Act to organize the supreme court of California, passed February 14, 1850, 57; amended by act passed April 13, 1850, 219. An Act to supersede certain courts, and to regulate appeals therefrom to the supreme court, passed February 28, 1850, 77. An Act to organize the district courts of the State of California, passed March 16, 1850, 93; amended by act passed April 18, 1850, 260. An Act to establish a municipal court in the City of San Francisco, to be called the superior court of the City of San Francisco, passed April 5, 1850, 159. An Act to organize the court of sessions, passed April 11, 1850, 210. An Act to organize the county courts, passed April 13, 1850, 217. An Act to fix the terms of the superior court of the City of San Francisco, passed April 17, 1850, 257. All the above acts, with the exception of the act of February 28, 1850, 77, to supersede certain courts, &c. (which, however, is of no force now), were expressly repealed by : An Act concerning the courts of justice of this State, and judicial officers, passed March 11, 1851, 9; which act was amended by acts passed March 11, 1851, 31; May 1, 1851, 185; May 3, 1852, 163; March 29, 1852, 221. These acts were repealed by the act of May 19, 1853, 287, noted below. An Act concerning the courts of justice of this State, and judicial officers, approved March 27, 1852, 162, was repealed by act passed February 8, 1853, 23. An Act concerning courts of justice and judicial officers, approved May 19, 1853, 287, repealed former acts and continued in force until the act of April 20, 1863, 333, took effect. Amendatory acts were passed March 20, 1854, 10; April 13, 1854, 28; May 15, 1854, 178; February 17, 1855, 14; April 16, 1855, 117; April 26, 1855, 149; May 7, 1855, 302; April 19, 1856, 133; March 30, 1857, 128; March 31, 1857, 162, 163; April 25, 1857, 248; March 25, 1858, 83, 89; February 11, 1859, 22; April 14, 1859, 235; February 9, 1860, 23; February 13, 1860, 27; February 14, 1860, 31; May 13, 1861, 348; May 18, 1861, 512; February 25, 1862, 27; March 27, 1862, 97; April 19, 1862, 305; and there were various other acts in relation to terms and place of holding the supreme court, terms of district courts, and times of holding courts of sessions, county courts, and probate courts in particular counties, which more or less affected it. The acts relating to terms and places of holding the supreme court, and those relating to terms of the district courts, will be found under the sub-head "Terms of Courts." Those in relation to courts of sessions, county courts, and probate courts, will be found referred to under the heads of the counties respectively. All these acts were either expressly or implicitly repealed by the acts in relation to the same subjects, and which are now in force, given below.] 1228. An Act to authorize a transfer of causes from the superior court of the City of San Francisco. Passed March 10, 1853, 34, and An Act to abolish the superior court of the City of San Francisco, and to provide for the transfer of its records, books, papers, actions, and other matters therein, and for the preservation of the rights and interests of parties. Approved March 30, 1857, 128; took effect May 1, 1857. [It is deemed unnecessary to do more than refer to these acts, for the convenience of those who may have occasion to examine them.] [An Act concerning county judges, making it their duty to reside at the county seats of their respective counties, &c., passed April 4, 1854, 20; after being amended, January 31, 1855, 2; April 27, 1855, 151; April 30, 1855, 223; May 7, 1855, 288; April 18, 1856, 106; April 16, 1857, 202; April 18, 1857, 224; April 25, 1857, 252; and February 26, 1859, 51, was finally repealed by act approved April 22, 1861, 212.] An Act to give the proceedings of courts of probate the same effect as courts of general jurisdiction. Approved March 27, 1858, 95. Construction of proceedings of probate courts. 6 Cal. 621. 1229. SECTION 1. That the proceedings of the courts of probate, within the jurisdiction conferred on them by the laws, shall be construed in the same manner, and with like intendments, as the proceedings of courts of general jurisdiction; and that 6 Cal. 652. the records, orders, judgments, and decrees, of the said probate courts, shall have 15 Cal. 499. accorded to them like force and effect, and legal presumptions, as the records, orders, 22 Cal. 236. judgments, and decrees of the district courts. 19 Cal. 20 |