Where the office of registrar of voters exists, the duties herein imposed upon the county clerk shall be performed by said registrar of voters. [Amendment approved 1912; Stats. Ex. Sess. 1911, p. 125.]

Legislation § 4058. 1. Added by Stats. 1911, p. 577. 2. Amended by Stats. ex. sess. 1911, p. 125.

ARTICLE VII.

Examination of Persons, Books and Papers.

Provide appliances for holding elections. [Repealed.]
Chairman may issue subpoenas.

Sheriff shall serve subpoenas.
Committee of the board.

§ 4064.

§ 4065.

§ 4066.

§ 4067.

§ 4068.

§ 4069.

§ 4070.

Proceedings on attachment.
Witnesses not to be prepaid.

§ 4064.

Provide appliances for holding elections.

Disobedience of subpoena.

[Repealed 1907;

Stats. 1907, p. 354.]

Legislation § 4064. 1. Enacted

March 12, 1872. 2. Repealed by

Stats. 1907, p. 354; same as present § 4025, ante.

§ 4065. Chairman may issue subpoenas. Whenever the board of supervisors of any county shall deem it necessary or important to examine any person as a witness upon any subject or matter within the jurisdiction of such board, or to examine any officer of the county in relation to the discharge of his official duties, as to the receipt or disposition by him of any moneys, or concerning the possession or disbursement by him of any property belonging to the county, or to use, inspect, or examine any books, account, voucher, or document in the possession of such officer or other person, or under his control, relating to the affairs or interests of such county, the chairman of such board shall issue a subpoena, in proper form, commanding such person or officer to appear before such board, at a time and place therein specified, to be examined as a witness; and such subpoena may require such person or officer to produce on such examination all books, papers, and documents in his possession or under his control, relating to the affairs or interests of the county.

Witnesses: See next section.

Legislation § 4065. Enacted by Stats. 1907, p. 376; same as former County Gov. Act 1897, p. 467, § 28, and similar to old § 4067 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4065 enacted March 12, 1872; repealed by Stats. 1907, p. 354; substantially same as present § 4026, ante.

§ 4066. Sheriff shall serve subpoenas. It shall be the duty of the sheriff of the county to whom the subpoena is delivered, to serve the same by reading it to the person named therein, and at the same time to deliver to him a copy thereof, and his official return thereon, of the time and place of such service, shall be prima facie evidence thereof.

Witnesses: See prior section.

Legislation § 4066. Enacted by Stats. 1907, p. 377; same as former County Gov. Act 1897, p. 468, § 29. Original § 4066 enacted March 12, 1872; repealed by Stats. 1907, p. 354.

§ 4067. Committee of the board. Whenever the board of supervisors shall appoint any members of their body a committee upon any subject or matter of which the board has jurisdiction, and has conferred upon such committee power to send for persons and papers, the chairman of such committee shall possess all the powers and be liable to all the duties herein given to and imposed upon the chairman of the board of supervisors.

Legislation § 4067. Enacted by Stats. 1907, p. 377; same as former County Gov. Act 1897, p. 468, § 30. Original $ 4067 enacted March 12, 1872; repealed by Stats. 1907, p. 354; similar to present § 4065, ante. § 4068. Disobedience of subpoena. Whenever any person duly subpoenaed to appear and give evidence or to produce any books and papers, as herein provided, shall neglect or refuse to appear, or to produce such books and papers, as required by such subpoena, or shall refuse to testify before such board or committee, or to answer any questions which a majority thereof shall decide to be proper and pertinent, he shall be deemed in contempt, and it shall be the duty of the chairman of the board, or of the committee, as the case may be, to report the fact to the judge of the superior court of the county, or of the city and county, who shall thereupon issue an attachment in the form usual in the court of which he shall be judge, directed to the sheriff of the county where such witness was required to appear and testify, commanding the said sheriff to attach such person, and forthwith bring him before the judge by whose order such attachment was issued.

Legislation § 4068. Enacted by Stats. 1907, p. 377; same as former County Gov. Act 1897, p. 468, § 31. Original § 4068 enacted March 12, 1872; repealed by Stats. 1907, p. 354.

§ 4069. Proceedings on attachment. On the return of the attachment and the production of the body of the defendant, the said judge shall have jurisdiction of the matter, and the person charged may purge himself of the contempt in the same way, and the same proceedings shall be had, and the same penalties may be imposed, and the same punishment inflicted as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a superior court.

Legislation § 4069. Enacted by Stats. 1907, p. 377; same as former County Gov. Act 1897, p. 468, § 32, and similar to old § 4047 (added by Code Amdts. 1873-74, p. 172; amended by Code Amdts. 1880, p. 23; repealed by Stats. 1907, p. 354). Original § 4069 enacted March 12, 1872; repealed by Stats. 1907, p. 354; similar to present § 4070, post.

§ 4070. Witnesses not to be prepaid. The witnesses summoned to testify on behalf of the county in matters of public concern before the board of supervisors are not entitled to have their fees prepaid; but the board must allow them the reasonable expenses of their attendance.

Witnesses, fees of: See post, § 4300g.

Legislation § 4070. Enacted by Stats. 1907, p. 377; same as former County Gov. Act 1897, p. 468, § 33, and similar to old § 4069 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4070 enacted March 12, 1872; repealed by Stats. 1907, p. 354.

§ 4071. Liabilities not to exceed revenue. The board must not, for any purpose, contract debts or liabilities, in any manner or for any pur pose, which exceed in any fiscal year the income and revenue provided for such year, except as permitted by the constitution. It shall be the duty of the auditor, at the commencement of each regular session of the board, to lay before it a statement prepared by him of the aggregate amount of allowance against each fund, and of salaries and liabilities fixed by law, paid or payable therefrom since the beginning of the fiscal year, together with a statement of receipts of each fund for that portion of the year already elapsed, and an exact estimate of the revenue for the remainder of the year apportioned to the different funds, based upon the receipts for the corresponding portion of the preceding year. Whenever the board shall have levied the state and county tax for the fiscal year, the auditor's estimates for the remainder of the year shall, as to receipts from property tax, be based upon the assessment-roll and tax levy, deducting ten per cent for the anticipated delinquencies. Up to and including the first day of January in each fiscal year the board shall have no power for any purpose to contract debts or liabilities in any manner or for any purpose nor to make any allowances against any funds, which with all the debts and liabilities previously incurred and with all allowances previously made, and salaries and liabilities fixed by law payable therefrom, shall exceed seventy per cent of the auditor's estimate of revenue for the year, except to build or repair roads and bridges which have been destroyed or made impassable by flood or fire. Any debts or liabilities contracted in any manner or for any purpose and any allowances made contrary to the provisions of this section shall be null and void and the auditor shall not draw his warrant therefor nor the treasurer pay the same. When several allowances are made on the same day, they shall be deemed to have been made in the order in which they are entered in the "allowance-book," and shall be certified in that order by the auditor.

Legislation § 4071. Enacted by Stats. 1907, p. 377; same as former County Gov. Act 1897, p. 469, § 36, as amended by Stats. 1903, p. 402. Original § 4071 enacted March 12, 1872; amended by Code Amdts. 187576, p. 65; repealed by Stats. 1907, p. 354; substantially same as present § 4074, post.

ARTICLE IX.
Buildings.

§ 4072. Plans, etc., not to be altered.
§ 4073.

Contracts not to be altered, etc.

§ 4072. Plans, etc. not to be altered. Whenever the board of supervisors shall adopt plans and specifications for the erection, alteration, construction, or repair of any public building, bridge, or other public structure, such plans and specifications shall not be altered or changed in any manner whereby the cost of such building, bridge, or structure shall be increased, except by a vote of two thirds of their number.

Legislation § 4072. Enacted by Stats. 1907, p. 378; same as former County Gov. Act 1897, p. 469, § 37. Original § 4072 enacted March 12, 1872; repealed by Stats. 1907, p. 354; embraced in present § 4075, post. § 4073. Contracts not to be altered, etc. Whenever the board of supervisors shall enter into a contract for the erection, construction, alteration, or repair of any public building, bridge, or other structure, such contract shall not be altered or changed in any manner, unless they shall, by a vote of two thirds of their number, and with the consent of the contractor, first so order. And whenever any such change or alteration is so ordered, the particular change or alteration shall be specified, in writing, and the cost thereof agreed upon between the board and the contractor. In no case shall the board pay or become liable to pay for any extra work done on, or extra material furnished for, such building or structure.

Legislation § 4073. Enacted by Stats. 1907, p. 378; same as former County Gov. Act 1897, p. 470, § 38. Original § 4073 enacted March 12, 1872; repealed by Stats. 1907, p. 354.

§ 4080.

[Repealed.]

Provide for cultivating shade and ornamental trees.

§ 4074. Presenting of claims by officers. No county officer shall, except for his own service, present any claim, account, or demand for allowance against the county, or in any way except in the discharge of his official duty advocate the relief asked in the claim or demand made by any other. Any person may appear before the board and oppose the allowance of any claim or demand made against the county.

District attorney not to present or advocate claim against: See post, § 4155.

Legislation § 4074. Enacted by Stats. 1907, p. 379; same as former County Gov. Act 1897, p. 470, § 39, and substantially same as old § 4071. Original § 4074 enacted March 12, 1872; repealed by Stats. 1907, p. 354; substantially same as present § 4077, post.

§ 4075. Claims against county to be itemized. The board of supervisors must not hear or consider any claim in favor of any public officer, person, corporation, company, or association against the county, nor shall the board credit or allow any claim or bill against the county or district fund, unless the same be itemized, giving names, dates and particular service rendered, character of process served, upon whom, distance traveled, where and when, character of work done, number of days engaged, supplies or materials furnished. to whom, and quantity and price paid therefor, duly verified to be correct, and that the amount claimed is justly due, and is presented and filed with the clerk of the board, or with the auditor, according to the procedure prescribed for the particular county, within a year after the last item of the account

or claim accrued. If, in case of any claim which requires itemizing, the board do not hear or consider the same because it is not itemized, they shall cause notice to be given to the claimant or his attorney of that fact and give time to have the claim itemized and reverified; provided, that the verification of claims may be dispensed with as provided in section 4076 of this code. [Amendment approved 1915; Stats. 1915, p. 1185.]

Claim presented by member of board: See post, § 4079.

Legislation § 4075. 1. Enacted by Stats. 1907, p. 379; same as former County Gov. Act 1897, p. 470, § 40, and embraces old § 4072. Original §4075 enacted March 12, 1872; repealed by Stats. 1907, p. 354; embraced in present § 4078, post. 2. Amended by Stats. 1913, p. 835.

3. By Stats. 1915, p. 1185.

§ 4076. Claims to be filed with clerk. Form. Approval of officer. No account shall be passed upon by the board, unless made out as prescribed in this and the preceding section and filed with the clerk, or with the auditor as prescribed in the preceding section, three days prior to the time of the meeting of the board at which it is asked to be allowed. Such demand shall be made out in form substantially as follows:

The undersigned, being duly sworn, says: That the above claim and the items as therein set out are true and correct; that no part thereof has been heretofore paid, and that the amount therein is justly due this claimant, and that the same is presented within one year after the last item thereof has accrued.

Subscribed and sworn to before me this

day of

County clerk.