counties; provided, however, that no new county shall be established which shall reduce any county to a population of less than eight thousand; nor shall a new county be formed containing a less population than five thousand; nor shall any line thereof pass within five miles of the county seat of any county proposed to be divided. Every county which shall be enlarged or created from territory taken from any other county or counties, shall be liable for a just proportion of the existing debts and liabilities of the county or counties from which such territory shall be taken. [Amendment adopted November 6, 1894.]

[ORIGINAL SECTION.]

Sec. 3. No new county shall be established which shall reduce any county to a population of less than eight thousand; nor shall a new county be formed containing a less population than five thousand; nor shall any line thereof pass within five miles of the county seat of any county proposed to be divided. Every county which shall be enlarged or created from territory taken from any other county or counties, shall be liable for a just proportion of the existing debts and liabilities of the county or counties from which such territory shall be taken.

NEW COUNTIES.-The legislature, except as restrained by constitutional limitations, may change the boundaries of counties, consolidate two or more into one, or divide and create new counties out of the territory of one or more existing ones; and may make any provision it sees fit as to a division of the property and debts of such counties. (Los Angeles Co. v. Orange Co., 97 Cal. 329, 32 Pac. 316.)

A newly created county does not become a county

until its organization is perfected by the election of its officers. (People v. McGuire, 32 Cal. 140.)

The legislature cannot, in organizing a new county, change the term of the judges as fixed by the constitution. (People v. Templeton, 12 Cal. 394.)

The last clause of this section relates only to the indebtedness of the county, and does not require any division of the assets of the old county. (Los Angeles Co. v. Orange Co., 97 Cal. 329, 32 Pac. 316.)

The legislature may fix the time at which to properly determine what would be a "just proportion" of the debts and liabilities to be assumed by the new county. (Los Angeles Co. v. Orange Co., 97 Cal. 329, 32 Pac. 316.)

In creating a new county, it is for the legislature to determine how the debts and property of the county shall be divided and apportioned, and if the commissioners fail by mistake to divide a claim existing in favor of a county against the state, the remedy for such failure is legislative and not judicial, and the courts have no jurisdiction of an action by the new county to recover its proportion of such claim when paid by the state to the county from which the new county was formed. (Orange Co. v. Los Angeles Co., 114 Cal. 390, 46 Pac. 173.)

The courts have no power to determine what is a "just proportion" under this section. (Tulare Co. v. Kings Co., 117 Cal. 390, 49 Pac. 173.)

Upon the division of a county, if no provision is made by law for any change in the custody of the swamp land fund, no action will lie on behalf of the new county to recover a share of such fund, but the legislature is the appropriate and only source of relief. (Kings Co. v. Tulare Co., 119 Cal. 509, 51 Pac. 866.)

Where no provision is made as to the property and assets, the old county will be entitled to retain all public property and assets, except such buildings and structures as lie within the limits of the new, and will be liable for its prior obligations. (Colusa Co. v. Glenn Co., 124 Cal. 498, 57 Pac. 477.)

When a new county is organized out of a part of the territory before constituting another county, the claim of the old against the new county for pay

ment of the new county's proportion of the debts of the old county is of an equitable nature only, and requires legislation to enable the old county to enforce it. (Beals v. Supervisors, 28 Cal. 449.)

The legislature may require a new county to pay interest upon a debt due to the old. (Beals v. Ama

dor Co., 35 Cal. 624.)

If an equitable claim exists in favor of one county against another arising out of the erection of a new county out of territory taken in part from one county, the legislature may compel the board of supervisors of the county indebted to levy a special tax to pay the same. (People v. Alameda Co., 26 Cal. 641.)

Upon the division of a county, with an agreed basis of apportionment of assets, which did not include prior unpaid railroad taxes, the validity of which were disputed, and which were subsequently reassessed to each of the counties upon the basis of their respective railroad mileage, the original county may recover from the new county at least the difference between the amount received by the old county and the amount it would have received upon the agreed basis of apportionment. (San Diego Co. v. Riverside Co., 125 Cal. 495, 58 Pac. 81.)

Sec. 4. The legislature shall establish a system of county governments which shall be uniform throughout the state; and by general laws shall provide for township organization, under which any county may organize whenever a majority of the qualified electors of such county, voting at a general election, shall so determine; and, whenever a county shall adopt township organization, the assessment and collection of the revenue shall be made, and the business of such county and the local affairs of the several townships therein shall be managed and transacted in the manner prescribed by such general laws.

COUNTY GOVERNMENT.-The "system" or plan for the government of the several counties must be uniform so that its several parts shall be applicable to each county. (Welsh v. Bramlet, 98 Cal. 219, 33 Pac. 66.)

This section does not deprive the legislature of the power to pass an act requiring boards of supervisors of certain named counties to issue and sell county bonds for the improvement of roads. (People v. Supervisors, 50 Cal. 561.)

A provision of a County Government Act that in counties of a certain class county licenses collected in cities shall be paid into the treasuries of such cities for street improvements is in volation of this section. (San Luis Obispo v. Graves, 84 Cal. 71, 23 Pac. 1032.)

A provision of the County Government Act that in all counties of one particular class certain additional fees shall be collected for filing the inventory in estates of deceased persons is violative of this section. (Bloss v. Lewis, 109 Cal. 493, 41 Pac. 1081.)

The provisions of the County Government Act of 1893 empowering certain of the county officers in counties of one particular class to appoint a certain number of deputies, whose salaries are fixed by the act and made payable out of the county treasury, is valid, although in other counties the principals must pay the salaries of their deputies. (Tulare Co. v. May, 118 Cal. 303, 50 Pac. 427; Freeman v. Barnum. 131 Cal. 386. Welsh v. Bramlet, 98 Cal. 219, 33 Pac. 66; Walser v. Austin, 104 Cal. 128, 37 Pac. 869, overruled.)

TOWNSHIP GOVERNMENT.-The provision of this section as to town governments is not self-executing, and the legislature cannot confer upon the inhabitants of a certain territory, who have no town organization, the power to make laws. (Ex parte Wall, 48 Cal. 279.)

The township government established by the County Government Act is not the township government mentioned in this section. (Longan v. Solano Co., 65 Cal. 122, 3 Pac. 463; Ex parte Wall, 48 Cal.

The legislature never has established towns within the meaning of the constitution. (Ex parte Wall. 48 Cal. 279.)

Sec. 5. The legislature, by general and uniform laws, shall provide for the election or appointment, in the several counties, of boards of supervisors, sheriffs, county clerks, district attorneys, and such other county, township, and municipal officers as public convenience may require, and shall prescribe their duties, and fix their terms of office. It shall regulate the compensation of all such officers, in proportion to duties, and for this purpose may classify the counties by population; and it shall provide for the strict accountability of county and township officers for all fees which may be collected by them, and for all public and municipal moneys which may be paid to them, or officially come into their posses

sion.

COUNTY OFFICERS.-Under the former constitution it was held that the provision requiring a uniform system of county government was merely directory. (People v. Lake Co., 33 Cal. 487.)

But the provision of the present constitution is mandatory, gives to the legislature exclusive authority to provide for the officers in the several counties, and to fix their terms and duties, provides that this must be done "by general and uniform laws," and that such laws must be uniformly applicable to all the counties of the state. (Welsh v. Bramlet, 98 Cal. 219, 33 Pac. 66.)

A statute providing for a system of county government, which in its terms is limited to a portion of the state, is in violation of this section. (Hale v. McGettigan, 114 Cal. 112, 45 Pac. 1049.).