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the same rate, and be paid in the same manner, as though it had been drawn by the auditor of the county where the indictment was found.

Legislation & 4309. Added by Stats. 1907, p. 555; substantially same as former County Gov. Act 1897, p. 576, $ 230.

CHAPTER XII.

Miscellaneous Provisions. $ 1312. Certain officers must have office at county seat. $ 4313. Absence of county officers from state. 8 1314. Who may administer oaths. $ 4315. Principal includes deputy. § 4316. Sheriffs, etc., may not practice law. § 4317. Liability of official bond. § 4318. Prepayment of costs for publishing notices. § 4319. "Process" and "notice" defined. § 4320. Services performed by successor. § 4321. Inventories to be made annually by certain officers. § 4322. Supervisors must not be interested in purchases or contracts. § 4323. When majority of supervisors interested in application, same re

ferred to superior court. $ 4324. Posting of notices. § 4325. Official misconduct of supervisors, penalty for. § 4326. No section of this number.] § 4327. (No section of this number.] § 4328. Salaries of county judges and district attorneys. [Repealed.] $ 4329. Salary of county judges fixed. [ [Repealed.]

4330. Salary of district attorneys fixed. [Repealed.] § 4331. Continuing acts fixing salaries and fees of county officers. [Re

pealed.] § 4332. Officer not to perform service unless fees are paid. [Repealed.) § 4333. No charge to be made on proceedings under writ of habeas cor

pus. [Repealed.] $ 4334. Fees to be paid to treasurer. [Repealed.] $$ 4335-4342. (No sections of these numbers.] § 4343. County charges to be audited. I

[Repealed.] $ 4344, Enumeration of county charges. [Repealed.] § 4345. Costs on removal of criminal actions. [Repealed.] § 4346. Proceedings in collection of such costs. [Repealed.] $ 4347. Actions to which such provisions apply. [Repealed.] $ 4348. Officers entitled to fees. Compensation of supervisors. [Re

pealed.] § 4312. Certain officers must have office at county seat. Sheriffs, clerks, recorders, treasurers and auditors must have their offices at the county seat, in the court-house, hall of records, jail or other buildings, provided by the county through the board of supervisors, and keep them open for the transaction of business continuously from nine o'clock a. m. until five o'clock p. m. every day in the year except Sundays and holidays. And the words "transaction of business” as used herein shall be construed to mean that during the said hours named there shall be present in each of said offices at least one person qualified and prepared to transact the business that may properly come into said office. The auditor shall not draw his warrant for the salary of any such officer for any month until the latter shall first have presented him with an affidavit setting forth that he has complied with the provisions of this section, and the making of a false affidavit by any of said officers shall subject the party making the same to prosecution for the crime of perjury and to be punished for the same. The affidavit required herein of the auditor shall be filed with the county clerk, and be and remain a record of the office of said clerk; and the affidavits of the other officers required herein, shall be filed with the county auditor and be and remain a record of his office, provided that if any of the officers named herein are absent from their office on official business they shall be excused from attendance at their said respective offices during the time they are absent on such business, and provided further, that in all cases where any officer named herein has no regularly appointed deputy provided by this title and paid by the county at the same time and in the same manner that his principal is paid, he shall be permitted to close his office during the hour of twelve o'clock noon to and until one o'clock p. m. The judges of the superior court must have chambers at the county seat and must establish such rules and hours for official business as may be necessary for the dispatch thereof.

Office hours: See ante, $ 1030.

Legislation § 4312. Added by Stats. 1907, p. 556; embraces former County Gov. Act 1897, p. 475, $ 61, and old § 4116 (enacted March 12, 1872; amended (1) by Code Amdts. 1880, p. 101; (2) by Stats. 1905, p. 246; repealed by Stats. 1907, p. 354).

§ 4313. Absence of county officers from state. A county or township officer shall in no case absent himself from the state for a period of more than sixty days in any one year, and for no period without the consent of the board of supervisors of the county, except when on business for the state; provided, that in case of illness or urgent necessity, the board of supervisors may, on a proper showing of such illness or urgent necessity, extend the time herein limited, for the absence of any such officer, not to exceed six months.

Legislation & 4313. Added by Stats. 1907, p. 556; same as former County Gov. Act 1897, p. 475, $ 64, and embraces old § 4120 (enacted March 12, 1872; amended (1) by Code Amdts. 1873–74, p. 174; (2) by Code Amdts. 1875–76, p. 65; repealed by Stats. 1097, p. 351).

§ 4314. Who may administer oaths. Every officer mentioned in section four thousand and thirteen, and his deputies, and every justice of the peace, may administer and certify oaths.

Administration of oaths and affirmations: See Code Civ. Proc., $$ 2093–2097.

Legislation § 4314. Enacted by Stats. 1907, p. 557; substantially same as former County Gov. Act 1897, p. 475, $ 63, and old § 4118 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original $ 1314 enacted March 12, 1872; amended by Code Amdts. 1880, p. 103; repealed by Stats. 1907, p. 354; embraced in present g 4187, ante.

§ 4315. Principal includes deputy. Whenever the official name of any principal officer is used in any law conferring power, or imposing duties or liabilities, it includes deputies.

Legislation § 4315. Enacted by Stats. 1907, p. 557; same as former County Gov. Act 1897, p. 475, $ 60, and old § 4114 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original $ 4315 enacted March 12, 1872; repealed by Stats. 1907, p. 354; substantially same as present 8 4188, ante.

§ 4316. Sheriffs, etc., may not practice law. Sheriffs, clerks and constables, and their deputies, are prohibited from practicing law, or acting as attorneys or counselors at law, or as collectors or for any collection agency, in the counties where they reside and hold office, or from having as a partner a lawyer, or anyone who acts as such, and no county officer, or his deputy, except district attorneys and treasurers, shall be eligible to the office of notary public, or perform the duties of the same. (Amendment approved 1911; Stats. 1911, p. 1093.]

Legislation § 4316. 1. Enacted by Stats. 1907, p. 557 same as former County Gov. Act 1897, p. 475, $ 65, and embraces old § 4121 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). 2. Amended by Stats. 1911, p. 1093. Original § 1316 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present g 4185, ante.

§ 4317. Liability of official bond. Whenever, except in criminal prosecutions, any special penalty, forfeiture, or liability is imposed on any officer for non-performance or malperformance of official duties, the liability therefor attaches to the official bond of such officer, and to the principal and sureties thereon.

Official bonds: See ante, $$ 947–987.

Legislation § 4317. Added by Stats. 1907, p. 557; same as former County Gov. Aet 1897, p. 475, § 62, and old § 4117 (enacted March 12, 1872; repealed by Stats. 1907, p. 351).

§ 4318. Prepayment of costs for publishing notices. Whenever notice is required by law to be published in a newspaper by any county or township officer, the person for whom the notice is to be given shall pay to such officer, if required, the fees for such publication, in advance. And failure to publish any notice required by law, pertaining to the duties of his office, shall be a misdemeanor.

Legislation § 4318. Added by Stats. 1907, p. 557; same as former County Gov. Act 1897, p. 474, p. 57.

§ 4319. “Process” and “notice" defined. “Process," as used in this title, includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. “Notice” includes all papers and orders (except process) required to be served in any proceeding before any court, board, or officer, or when required by law to be served independently of such proceeding

Process defined: See ante, $ 17, subd. 6.

Legislation § 4319. Added by Stats. 1907, p. 557; substantially same as former County Gov. Act 1897, p. 479, $ 88, and old $ +175 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4320. Services performed by successor. It shall be the duty of all officers in this title named to complete the business of their respective offices to the time of the expiration of their respective terms; and in case any officer at the close of his term shall leave to his successor official labor to be performed, which it was his duty to perform, he shall be liable to pay to his successor the full value for such services.

Legislation & 4320. Added by Stats. 1907, p. 557; substantially same as former County Gov. Act 1897, p. 575, $ 226.

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§ 4321. Inventories to be made annually by certain officers. It shall be the duty of all county officers, including the supervisors, road commissioners, superintendents of hospitals, county farms, or almshouses to make, on or before the first day of July in each year, and file with the county clerk an inventory under oath, showing in detail all county property in their possession, or in their charge. Said inventory shall be kept of record by said county clerk. A true copy of said inventory shall be delivered by such officers to their successors in office, who must receipt therefor, which receipt shall be filed with said county clerk.

Legislation & 4321. Added by Stats. 1907, p. 557; based on Stats. 1897, p. 6, § 2.

§ 4322. Supervisors must not be interested in purchases or contracts. 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 of property belonging to the county, nor in any contract made by the board, or other person, on behalf of the county, for the erection of public buildings, the opening or improvement of roads, or the building of bridges, or for any purpose or act as a member of a committee or board of reviewers.

Legislation § 4322. Added by Stats. 1907, p. 557; same as former County Gov. Act 1897, p. 472, $ 45, and embraces old § 4077 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).,

§ 4323. When majority of supervisors interested in application, same referred to superior court. Whenever an application is made to the board for an order, franchise, or license relating to any toll road, bridge, ferry, wharf, chute, pier, or other subject over which the board has jurisdiction, in which a majority of the board are interested, the application, by order of the board, must be transferred to the superior court of the county. The clerk of the board must thereupon certify the application, and all orders and papers relating thereto, to said superior court, and thereafter the said superior court shall have full jurisdiction to hear and determine the application.

Toll roads, bridges, ferries, etc.: See ante, SS 2779–2921.
Interested supervisors not to act on toll matters: See ante, 2852.

Legislation § 4323. Added by Stats. 1907, p. 558; same as former County Gov. Act 1897, p. 472, $ 46, and, except that the transfer is not to the supervisors of an adjoining county, as therein provided, similar to olid § 4078 (enacted March 12, 1872; amended by Code Amdts. 1880, p. 23; repealed by Stats. 1907, p. 3.5+).

§ 1324. Posting of notices. All public notices of proceedings of or to be had before the board, not otherwise specially provided for, must be posted at the court-house door, and two other public places in the county.

Legislation § 4324. Added by Stats. 1907, p. 558; same as former County Gov. Act 1897, p. 472, $ 47, and, excepting as to place of posting similar to old $ 4079 (enacted March 12, 1872; amended by Code Amdts. 1873-74, p. 56; repealed by Stats. 1907, p. 351).

§ 4325. Official misconduct of supervisors, penalty for. Any supervisor who refuses or neglects to perform any duty imposed on him, without just cause therefor, or who willfully violates any law provided for his govern

as such officer, or fraudulently or corruptly performs any duty imposed on him, or willfully, fraudulently or corruptly attempts to perform an act, as supervisor, unauthorized by law, in addition to the penalty provided in the Penal Code, forfeits to the county five hundred dollars for every such act, to be recovered on his official bond, and is further liable on his official bond, to any person injured thereby, for all damages sustained.

ment

Legislation § 4325. Added by Stats. 1907, p. 558; same as former ('ounty Gov. Act 1897, p. 173, § 53, and old § 4086 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). § 4326. [No section of this number.] § 4327. [No section of this number.]

§ 4328. Salaries of county judges and district attorneys. [Repealed 1907; Stats. 1907, p. 354.]

Legislation § 4328. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 104. 3. Repealed by Stats. 1907, p. 354. See ante, Legislation Title II

§ 4329. Salary of county judges fixed. [Repealed 1880; Code Amdts. 1880, p. 1.]

Amendment of 1880 unconstitutional. The attempted amendment of this section in 1880 (Code Amdts. 1880, p. 10+), was declared unconstitutional in Leonard v. January, 56 Cal. 1.

Legislation § 4329. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 104 (approved April 27, 1880). 3. Repealed by Code Amdts. 1880, p. (approved February 25, 1880). See ante, Legislation Title II.

§ 4330. Salary of strict attorneys fixed. [Repealed 1907; Stats. 1907, p. 354.]

Legislation § 4330. 1. Enacted March 12, 1872. 2. Amended by Stats. 1871–72, p. 653. 3. Repealed by Stats. 1907, p. 354. See ante, Legislation Title II.

§ 4331. Continuing acts fixing salaries and fees of county officers. [Repealed 1907; Stats. 1907, p. 354.]

Legislation § 4331. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1907, p. 354. See ante, Legislation Title II.

§ 4332. Officer not to perform service unless fees are paid. [Repealed 1907; Stats. 1907, p. 351.)

Legislation § 4332. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1907, p. 354. See ante, Legislation Title II.

§ 4333. No charge to be made on proceedings under writ of habeas corpus. [Repealed 1907; Stats. 1907, p. 354.]

Legislation § 4333. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1907, p. 354. See ante, Legislation Title II.

§ 4334. Fees to be paid to treasurer. [Repealed 1907; Stats. 1907, p. 351.]

Legislation & 4334. 1. Added by Stats. 1891, p. 67. 2. Repealed by
Stats. 1907, p. 354. See ante, Legislation Title II.
S$ 4335-4342. [No section of these numbers.]

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