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establishment of such lines, except so far as they are inconsistent with the provisions of this code. [Amendment approved 1874; Code Amdts. 1873–74, p. 54.]

Prima facie evidence defined: Code Civ. Proc., § 1833.

Legislation § 3973. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873–74, p. 54.

§ 3974. Apportionment of cost of survey. Payment. The cost of making such surveys must be apportioned equally among the counties interested, and the board of supervisors must audit the same, and the amounts must be paid out of the general county fund.

Legislation § 3974. Enacted March 12, 1872. § 3975. Collection' of old taxes when county is divided or boundary altered. When a county is divided or the boundary is altered, all taxes levied before the division was made or boundary changed must be collected by the officers of and belong to the county in which the territory was situated before the division or change.

Formation of new county: Const, art. XI, $ 3.
County divided and new county created: See Const., art. XI, § 3.

Legislation § 3975. Enacted March 12, 1872. § 3975a. Transfer of moneys when new county has been formed. Whenever a county has been formed, it shall be the duty of the treasurer of the county or counties out of whose territory said new county shall have been formed, to immediately cause to be transferred to the county treasurer of the new county thus formed, all moneys standing to the credit of or belonging to any road or school district, the territory comprising which has been segregated from such old county, and which is included within the boundaries of such new county. Whenever, in the formation of a new county, a road or school district has been divided, the board of supervisors shall, by order, direct the treasurer to transfer a proportionate amount of the moneys remaining in the fund of such district to the treasurer of the new county. This section shall be held to apply expressly to counties heretofore divided and new counties created from the territory of the same, when no provision was made in the act creating such county for the transfer of the moneys herein provided to be made. A compliance with the provisions of this section shall be a full and complete settlement of all debts which the new county had against the old county or counties.

Legislation § 3975a. Added by Stats. 1907, p. 721; the code commissioner saying, "A codification of the act of March 23, 1893 (Stats. 1893, p. 235).”

$ 3975b. County seats. The county seats of the respective counties of the state, as now fixed by law, are hereby recognized as, and declared to be, the county seats of the respective counties.

Legislation § 3975b. Added by Stats. 1907, p. 271; the code commissioner saying, “A codification of a portion of § 11 of the County Government Act of 1897 (Stats. 1897, p. 452), and is here placed in the proper title. The former provision concerning the removal is omitted, it being inserted in § 3981 of this code."

$ 3976. Question of removal. Whenever there shall be presented to the board of supervisors of any county a petition signed by the qualified

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electors of such county in number equal to a majority of the votes cast at the preceding general election, praying for the submission of the question of the removal of the county seat of such county, it shall be the duty of such board, by due proclamation, to submit the question of such removal thereof to the qualified electors of such county at the next general election. [Amendment approved 1907; Stats. 1907, p. 271.]

Removal of county seat. Two-thirds vote of electors voting necessary. Proposition not to be submitted more than once in four years; Const., art. XI, § 2. See post, $ 3984.

Legislation § 3976. 1. Enacted March 12, 1872; basert Stats. 1850, p. 199, $$ 1, 2; Stats. 1854, Kerr ed. p. 198, Redding ell. p. 54. 2. Amended by Stats. 1907, p. 271; the code commissioner saying, “A codification of § 12 of the County Government Act of 1897 (Stats. 1897, p. 452), substituted for the provisions of former $$ 3976 and 3977 of this code, and here placed in the proper title. The part of said § 12 concerning election is omitted, as it is already covered by the provisions of present § 3979."

§ 3977. Supervisors to order election. [Repealed 1907; Stats. 1907, p. 271.]

General election, question of removal to be submitted at: Const., art. XI, $ 2.

Legislation § 3977. 1. Enacted March 12, 1872; based on Stats. 1850, p. 199, § 2, as amended by Stats. 1854, Kerr ed p. 199, Redding ed. p. 54, $ 2; Stats. 1855, p. 4, § 2. 2. Amended by Covie Amdts. 187374, p. 54. 3. By Code Amdts, 1873–74, p. 170. 4. By Code Amdts. 1880, p. 2. 5. Repealed by Stats. 1907, p. 271; the code commissioner saying, “Repealed, because included in § 3976, as amended." § 3978. Notice of election, etc. [Repealed 1880; Code Amdts. 1880,

p. 3.]

Legislation § 3978. 1. Enacted March 12, 1872; based on Stats. 1850, p. 199, $ 3. 2. Amended by Code Amdts. 1873–74, p. 55. 3. Repealed by Code Amdts. 1880, p. 3.

$ 3979. Election, notice of; how held and conducted. Notice of such election, clearly stating the object, shall be given, and the election must be held and conducted, and the returns made in all respects in the manner prescribed by law in regard to elections for county officers. [ Amendment approved 1880; Code Amdts. 1880, p. 2.]

Legislation & 3979. 1. Enacted March 12, 1872; based on Stats. 1850, p. 199, § 3. 2. Amended by Code Amdts. 1880, p. 2.

§ 3980. Voter to vote for place he prefers. In voting on the question, each elector must vote for the place in the county which he prefers as the seat of justice, plainly designating it in his ballot.

Legislation g 3980. Enacted March 12, 1872; based on Stats. 1850, p. 199, $ 4.

$ 3981. Notice of result of election. When the returns have been received and compared, and the results ascertained by the board, if two thirds of the qualified voters of the county voting on the proposition shall vot in favor of removal, and in favor of any particular place, the board shall so declare on its minutes, and give notice of the result by posting notices thereof in all the election precincts of the county. [Amendment approved 1907; Stats. 1907, p. 271.]

Constitutional provision. Section conforms to Const., art XI, $ 2.

Legislation g 3981. 1. Enacted March 12, 1872; based on Stats. 1850, p. 199, § 5, as amended by Stats. 1854, Kerr ed. p. 199, Redding ed. p. 54, $ 5. 2. Amended by Code Amdts. 1873–74, p. 55. 3. By Code Amdts. 1880, p. 2. 4. By Stats. 1907, p. 271; the code commissioner saying, “This section has been amended to make it conform to art. XI, § 2, of the constitution, and it contains a codification of a portion of § 11 of the County Government Act of 1897 not already contained in $ 1375a."

§ 3982. Place chosen to be county seat. In the notice provided for in section three thousand nine hundred and eighty-one, the place selected to be the county seat of the county must be so declared from a day specified in the notice not more than ninety days after the election. After the day named in the notice the place chosen is the county seat of the county.

Legislation & 3982. Enacted March 12, 1872; based on Stats. 1850, p. 199, $ 6, as amended by Stats. 1854, Kerr ed. p. 199, Redding ed. p. 51, $ 3.

$ 3983. Statement of result deposited and notice transmitted. Whenever any election has been held as provided for in the preceding sections of this chapter, the statement made by the board of supervisors, showing the result thereof, must be deposited in the office of the county clerk, and whenever the board gives the notice prescribed by section three thousand nine hundred and eighty-two they must transmit a certified copy thereof to the Secretary of State.

Legislation & 3983. Enacted March 12, 1872; based on Stats. 1850, p. 199, $ 8.

§ 3984. No second election to be held within four years. When the election has been held and two thirds of the votes are not cast for some other place than that fixed by law as the former county seat, no second election for the removal thereof must be held within four years thereafter. (Amendment approved 1880; Code Amdts. 1880, p. 3.]

Constitutional provision. Section conforms to Const., art. XI, 2.

Legislation § 3984. 1. Enacted March 12, 1872; based Stats. 1850, p. 199, § 9. 2. Amended by Code Amdts. 1880, p. 3.

§ 3985. Subsequent removals. When the county seat of a county has been once removed by a popular vote of the county, it may be again re. moved from time to time, in the manner provided by this chapter; but no election must be ordered to affect any such subsequent removal, unless a petition praying for an election is signed by qualified electors of the county, equal in number to at least three fourths of all the votes cast at the next preceding general election. [Amendment approved 1907; Stats. 1907, p. 271.]

Legislation & 3985. 1. Enacted March 12, 1872; based Stats. 1850, p. 199, § 10, modified. 2. Amended by Code Amdts. 1873–74, p. 55. 3. By Code Amdts. 1873–74, p. 171. 4. By Code Amdts. 1875– 76, p. 64. 5. By Stats. 1907, p. 271.

Pol. Code--62

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TITLE II.

The Government of Counties. Chapter I. Counties as Bodies Corporate. $$ 4000-4005b. II. Population and Classification of Counties. Articles I, II.

$$ 40050-4007, III. Classification and Election of Officers. Articles I-IV.

88 4013-4026. IV. Legislative Department. Articles I-XIII. $$ 4027-4088a.

V. Executive Department. Articles I-XI. $$ 4090-4119f.
VI. Judicial Department. Articles 1-X. $$ 4150-4205.
VII. Department of Education. Articles I-AII. $$ 4208-4210.
VIII. Department of Public Works. Articles I, II. $$ 4214–4222.
IX. Department of Health. Articles I-IV. $$ 4223-4226.

X. Salaries and Fees of Office. Articles I-LXI. $$ 4230-4305.
XI. Other County Charges. $$ 4307-4309.
XII. Miscellaneous Provisions. $$ 4312-4348.

Legislation Title II. 1. Enacted March 12, 1872, and then contained five chapters, the title of which, with their subdivisions of articles, being as follows: Chapter I. Counties as Bodies Corporate (88 4000-4007). Chapter II. The Board of Supervisors (Article I. Organization and Terms of the Board, $ 1022-4035; Article II. General Permanent Powers, $ 1046; Article III. Other Powers and Re. strictions, $8 40644087). Chapter III. County Officers (Article I, General Provisions, $ 4101-4124; Article II. County Judge, $ 4131; Article III. County Treasurer, $$ 4144-4165; Article IV. Sheriff, $$ 4175-4193; Article V. County Clerk, $$ 4204, .4205; Article VI. Auditor, $$ 4215-4224; Article VII. Recorder, $$ 4231-4246; Article VIII. District Attorney, $8 1256–4258; Article IX. Surveyor, $$ 4268– 4275; Article X. Coroner, SS 4283-4290; Article XI. Assessors, Tax. collectors, School Superintendents, Public Administrators, and Commissioner of Highways, $$ 4300-4304; Article XII, Constables, Justices of the Peace, and Inferior Officers, $$ 4314-1316). Chapter IV, Salaries and Fees of Office (88 4328-1333). Chapter V. Other County Charges (88 4313, 4344). 2. By Stats. 1907, p. 354, Title II was repealed and a new Title II added in lieu thereof, the title of the act reading, “An Act to repeal Title II of Part IV of the political Code, and to add a new Title II of Part IV of said code in place thereof, relating to the establishment of a uniform system of county and township governments"; this act also containing a section reading, "Sec. 2. The provisions of this act, so far as they are substantially the same

as exi; og statutes, must be construed as continuations thereof and not as new enactments; and nothing in this act contained shall be deemed to shorten or extend the term of office or employment of any person holding office or employment under the provisions of such statutes."

CHAPTER I.

Counties as Bodies Corporate.
$ 4000. Every county a body corporate and politic.
$ 4001. Powers, how exercised.
$ 4002.

Name and designation.
$ 4003. Enumeration of powers.
$ 4004. Restriction on loaning credit.
$ 4005. Prohibited contracts form no basis for claim.
$ 1005a. Officers become personally liable, when.
$ 4005b. Action to recover money unlawfully paid.

$ 4000. Every county a body corporate and politic. Every county is a body corporate and politic, and as such has the powers specified in this title, and such other powers as are necessarily implied from those expressed.

County governments:

Enumeration of powers of: Post, $ 4003.
Legislature directed to provide uniform system of: Const., art. XI,
4.
Powers, by whom exercised: Post, $ 4001.
Restrictions on: Post, $ 4001.

Municipal corporations, defined: Post, $ 4356.
Legislation $ 4000. . 1. Enacted March 12, 1872. 2. Amended by
Code Amdts. 1880, p. 93. 3. Repealed by Stats. 1907, p. 354. 4. En-
acted by Stats. 1907, p. 354; same as former County Gov. Act 1897, § 1.

$ 4001. Powers, how exercised. Their powers can only be exercised by the board of supervisors, or by agents and officers acting under their authority, or authority of law.

Former County Government Act: See Gen. Laws, Act, 837.

Legislation § 4001. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873–74, p. 171. 3. Repealed by Stats. 1907, p. 354, 4. Enacted by Stats. 1907, p. 355; same as former County Gov. Act 1897,

2. § 4002. Name and designation. The name of a county designated in the law creating it is its corporate name, and it must be designated thereby in all actions and proceedings touching its corporate rights, property, and duties.

Names of counties, where given: Ante, $ 3902.
Actions by and against counties: See post, $ 4003, subd. 1.

Legislation & 4002. 1. Enacted March 12, 1872. 2. Repealed by
Stats. 1907, p. 354. 3. Enacted by Stats. 1907, p. 355; same as former
County Gov. Act 1897, $ 3.
§ 4003. Enumeration of powers.

It has power: 1. To sue and be sued.

2. To purchase, receive by gift or bequest, and hold land within its limits.

3. To make such contracts and purchase and hold such personal property as may be necessary to the exercise of its powers.

4. To manage and dispose of its property as the interests of its inhab. itants may require.

5. To levy and collect such taxes, for purposes under its exclusive jurisdiction, as are authorized by law.

Acts in relation to counties: See Gen. Laws, tit. “Counties."

Legislation g 4003. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 93. 3. Repealed by Stats. 1907, p. 354. 4. En. acted by Stats. 1907, p. 355; same as former County Gov. Act 1897,

, $ 4. § 4004. Restriction on loaning credit. No county shall, in any manner, give or loan its credit to or in aid of any person or corporation. An indebtedness or liability incurred contrary to this provision shall be

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