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Certificates
issued as
Board of
Canvassers

Appointments must

"Health," Secs. 3059, 3063, ante; Title VIII, "Public Lands," Chap. I, Secs. 3446-3487, et alia, and elsewhere in this Code, under appropriate heads.

4065. Whenever, as canvassers, the Board of Supervisors have declared the result of an election held in the county, certificates must be by their Clerk issued to all persons elected to a county office or to a township or district office therein, and such other certificates must be made out and transmitted as required by the Title relative to "Elections."

NOTE.-Stats. 1861, p. 511, Sec. 2. See Secs. 1283, 1284, 1285, ante.

4066. No appointment to fill a vacancy in office be made on must be made by the Board except upon petition,

petition.

Power to require at

witnesses

signed by at least thirty qualified electors of the county, if for a county office, or by not less than fif teen of the qualified electors of the township or district, if for a township or district office.

NOTE.-Stats. 1863, p. 26, Sec. 1.

4067. The Board may, by their Chairman or the endance of Chairman of any committee, issue subpoenas to compel the attendance of any person and the production of any books or papers relating to the affairs of the county, for the purpose of examination upon any matter within their jurisdiction.

Examination of witnesses.

4068. A witness is bound to attend, when served, and to answer all questions which he would be bound to answer in the same case before a Court of justice. Disobedience to the subpoena, or to an order to attend, or to testify, may be enforced by the Board, and for that purpose the Board has all the powers conferred by, and the witness is subject to all the provisions of, Chapter II, Title III, Part IV, of THE CODE OF CIVIL PROCEDURE.

4069. Neither the officers serving subpoenas nor the witnesses subpoenaed to testify in relation to mat

witnesses

prepaid.

ters of public concern before the Board of Supervisors Officers and are entitled to have their fees prepaid, but officers not to be must serve the subpoenas and witnesses must attend without their fees being prepaid. The Board must allow them reasonable compensation for services and attendance.

Board

allow

contract

4070. The Board must not for any purpose con- When tract debts or liabilities, except in pursuance of law, must not or under ordinances of their own, adopted in accord- claims or ance with the powers herein conferred; and whenever debts. debts and liabilities have been created which, added to the salaries of county officers and other estimated liabilities fixed by law for the remainder of the year, equal in the aggregate the revenue of the county for current expenses, no further allowance of any accounts must be made.

NOTE.-Stats. 1855, p. 54, Sec. 16.

oppose

against

4071. Any citizen and taxpayer of the county in Who may which he resides may appear before the Board and claims oppose the allowance of any claim or demand made county. against the county.

NOTE.-Stats. 1855, p. 55, Sec. 21.

how made

and

prosecuted.

4072. The Board of Supervisors must not hear or Account, consider any claim in favor of an individual against the county unless an account properly made out, giving all items of the claim, duly verified as to its correctness, and that the amount claimed is justly due, is presented to the Board within a year after the last item of the account accrued.

NOTE.-Stats. 1865-6, p. 836, Sec. 1, modified.

must be

to session.

4073. No account must be necessarily passed upon Account by the Board unless made out as prescribed in the filed prior preceding section and filed by the Clerk at least one day prior to the session at which it is asked to be heard.

NOTE.-Stats. 1865-6, p. 836, Sec. 1, modified.

What

claims to

4074. When the Board finds that any claim prebe rejected; sented is not payable by the county, or is not a proper

proceed

allowance.

ings on part

Claimant may sue,

when, and cover costs.

when re

What

warrants must specify; how

and paid.

county charge, it must be rejected; if they find it to be a proper county charge, but greater in amount than is justly due, the Board may allow the claim in part, and draw a warrant for the portion allowed, on the claimant filing a receipt in full for his account. If the claimant is unwilling to receive such amount in full payment the claim may be again considered at the next regular succeeding session of the Board, but not afterwards.

NOTE.-Stats. 1865-6, p. 836, Sec. 1, modified.

4075. A claimant dissatisfied with the rejection of his claim or demand, or with the amount allowed him on his account, may sue the county therefor at any time within six months after the final action of the Board, but not afterward; and if in such action judgment is recovered for more than the Board allowed, on presentation of the judgment the Board must allow and pay the same, together with the costs adjudged; but if no more is recovered than the Board allowed, the Board must pay the claimant no more than was originally allowed.

NOTE.-Stats. 1865-6, p. 836, Sec. 1, modified.

4076. Warrants drawn by order of the Supervisors on the County Treasury for the current expenses durpresented ing each year, must specify the liability for which they are drawn, and when they accrued, and must be paid in the order of presentation to the Treasurer. If the fund is insufficient to pay any warrant, it must be registered, and thereafter paid in the order of its registration.

In what transactions

Supervisors not to be interested.

NOTE.-Stats. 1855, p. 54, Sec. 14.

4077. 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 other purposes.

NOTE.-Stats. 1855, p. 55, Sec. 22. See Secs. 920, 926, ante, and notes, and Sec. 176, Penal Code Cal.

4078. 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 not disinterested, the application, by order of the Board, must be transferred to the Board of Supervisors of an adjoining county; the Clerk of the Board must thereupon certify the application and all orders and papers relating thereto to the Board to which the transfer is ordered; and thereafter the Board to which the same is certified has full jurisdiction to hear and determine the application. In the cases mentioned in this Code wherein the County Judge may act for an interested Supervisor, no transfer of the application need be made unless the Judge is also interested.

NOTE.-Stats. 1857, p. 322, Sec. 1. When but one Supervisor is interested, the County Judge may act.— See Sec. 2852, ante; see, also, Titles I and V, Div. I, Civil Code Cal.; see Secs. 2778-2831, ante, "Toll Roads;" Secs. 2842-2859, ante, "Public Ferries and Toll Bridges;" generally, Secs. 2870-2881, ante, "Toll Bridges;" Secs. 2892-2896, ante, "Toll Ferries;" Secs. 2906-2920, ante, "Wharves, Chutes, and Piers;" see, also, Subd. 17, Sec. 4046, ante; also, for granting right of way, etc., for street railroads, Civ. Code Cal., Secs. 509, 512; wagon roads, id., Sec. 513; bridge, ferry, wharf, etc., id., Secs. 528-531.

Transfer of

applicawhat cases

tion, in made.

how given.

4079. All public notices of proceedings of or to Notices, be had before the Board, not otherwise specially provided for, must be published in a newspaper published in the county; if there is no such newspaper, then cop

Provide for cultivating shade and ornamental trees.

Require
Assessors

to report
statistics.

Claims in favor of Supervi

sors.

Annual statement.

when made

and what

to contain.

ies thereof must be posted at the Court House door, and at two other public places in the county.

NOTE.-Stats. 1855, p. 56, Sec. 23.

4080. The Board, under such regulations as they may adopt, must encourage the planting and preservation of shade and ornamental trees on the public roads and highways, and on and about the public grounds. and buildings of the county, and pay to persons planting and cultivating the same, for every living tree thus planted, at the age of four years, the sum of one dollar. NOTE.-Stats. 1867-8, p. 670 (entire Act.)

4081. The Board must require Assessors to report to the Surveyor General annually a true statement of the agricultural and industrial pursuits and products of the county, with such other statistical information as they may by ordinance direct, and enforce obedience of the Assessor thereto by deducting such proportion of his compensation as Assessor as to them may seem appropriate, for a failure to comply with the order.

NOTE.-Stats. 1865-6, p. 201, Secs. 1, 2.

4082. All claims against the county presented by members of the Board of Supervisors for per diem and mileage or other service rendered by them, must be verified as other claims, and must state that the service has been actually rendered.

4083. The Board must have prepared by the Clerk, and when he is not also Auditor then by that officer, and under their direction, prior to their annual August meeting, a statement showing:

1. The indebtedness of the county, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof;

2. A concise description of all property owned by the county, with an approximate estimate of the value

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