« 이전계속 »
2. Subdivision 12.-It is, no doubt, the
declared policy of the law to confide to the POWERS OF SUPERVISORS.
board of supervisors the general supervi1. Construction Subdivision 11.
sion and control of the financial affairs of 2. -Subdivision 12.
the county - White v. Matthews, 29 Cal. 3. -Subdivision 16.
App. 634, 156 Pac. 372. 4. Subdivision 19.
3. —Subdivision 16.—The effect of this
. section seems to be that the county shall be 1 Construction-Subdivision 11.-In case a party to actions and proceedings wherein of a charge for compensation incurred the .county "is concerned" (the quoted words under subdivision 2 of section 4307 this sub being taken from the provisions of the Los division requires that such shall be settled Angeles charter).—Keith v. Hammel, 29 Cal. and allowed by the board of supervisors. App. 131, 154 Pac. 871. San Francisco, however, is governed by its 4. Subdivision 19.-The board of supercharter and not by the provisions of this visors can not create a vacancy and then code.-Rocca v. Boyle, 166 Cal. 94, Ann. Cas. proceed to fill it.—People (ex rel. Smith) v. 1915B 857, 135 Pac. 34.
Gunn, 30 Cal. App. 114, 157 Pac. 619.
$ 4052c. ERECTION OF HISTORIC MONUMENTS. The boards of supervisors in the several counties shall have, and they are hereby given, the power to appropriate money from the general fund of the county to erect monuments or to place tablets to commemorate historic spots or places within the limits of the county.
History: Enactment approved May 31, 1917, Stats, and Amdts. 1917,
p. 1366. in effect July 30, 1917. 8 4058.
claim composed of a number of items which 1. Construction. The requirement that aggregate more than three hundred dollars the petitioners give their place of residence is not subject to general demurrer, or atby street and number is undoubtedly for tackable for want of jurisdiction, on the the convenience and aid of the clerk in find ground that all but a small part of the ing the names in the great register, and a claim is barred by the limitation provided lailure to comply with it is a mere irregu- by section 4075 of the Political Code.larity which could not result in prejudice.- Welch v. Santa Cruz County, 30 Cal. App. Osborn v. Merced County, 27 Cal. App. 85, 123, 156 Pac. 1003. 148 Pac. 970.
3. Revival of stale claim.-A claim can 2. Referendum - What subject to. -A not be allowed by the supervisors unless county ordinance providing for the discon- presented and Aled with the clerk within tínuance of one of the judicial townships of a year after the last item of the account the county and the re-establishment of the or claim accrued; where certain items of a boundaries of another township so as to claim accrued more than a year prior to Include the one abolished is a matter legis the presentation and filing of the account lative in character and subject to referen they are barred, and the fact that one of dum.-Osborn v. Merced County, 27 Cal. the items accrued within the year does not App. 85, 148 Pac. 970.
revive the stale items.-Welch v. Santa
Cruz County, 30 Cal. App. 123, 156 Pac. 1003. $ 4075. 1. Claims against county, when barred.
$ 4091. A claim against a county for money paid 1. An order directing the auditor to draw out and expended by its fish and game war his warrant in payment of the services of den in the discharge of his official duties an expert employed by the grand jury to for the twenty months from and including examine the books of the officers of the June, 1909, to December, 1910, and for the county can not be made by the superior month of April, 1912, filed with the board of court under section 928 of the Penal Code, sopervisors April 27, 1912, is barred, except but such claim must be submitted to the as to those items of the claim which ac- board of supervisors like other claims.eroed in April, 1912, by the provisions of White v. Matthews, 29 Cal. App. 634, 156 section 1075 of the Political Code prohibit. Pac. 372. ing boards of supervisors from allowing 2. As to whether the certificate from the claims which are not presented and filed civil service commission certifying to the within one year after the last item thereof correctness of the demand for a salary was accrues.--Welch v, Santa Cruz County, 30 a necessary prerequisite to the issuing of a Cal. App. 123, 156 Pac. 1003.
warrant to an officer whose salary is fixed 2. A complaint in an action brought in by law is raised but not decided.— Anderson the superior court against a county on a v. Lewis, 29 Cal. App. 24, 154 Pac. 287.
THE TREASURER. 8 4115. Money received from coroner. 8 4115. MONEY RECEIVED FROM CORONER. The treasurer[,] upon receiving from the coroner[,] or justice of the peace acting as coroner[,] money found on a dead body must place it to the credit of the county. All said moneys must be kept in a separate fund.
History: Original section, relating to county officers and deputies, enacted March 12, 1872; amended April 27, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 101, act held unconstitutional, see history ante, $ 4000; repealed and present section, which was a codification of $ 81 County Government Act (Henning's General Laws, 1st ed., p. 215), March 18, 1907, Stats. and Amdts. 1907, p. 390, Kerr's Stats, and Amdts. 1906-7, p. 224; amended May 5, 1917, Stats, and Amdts. 1917, p. 259. In effect
July 27, 1917. § 4135a.
properly indexed, would be competent evi1. Construction.--"The effect of this sec. dence of the contents of the instrument."tion would probably be that the record of Central Pac. R. Co. v. Droge, 171 Cal. 32, 151 an instrument in the wrong book, if it is Pac. 663.
§ 4146. Duties of coroner as to property of deceased persons.
§ 4146. DUTIES OF CORONER AS TO PROPERTY OF DECEASED PERSONS. The coroner must within thirty days after an inquest upon a dead body deliver to the legal representatives of the deceased any money or other property found upon the body. If within the said thirty days no such legal representative makes a demand upon the coroner for the said money or property found upon the body of the decedent, then, upon the expiration of the said thirty days, the coroner must deliver to the treasurer any money found upon the body of the deceased, together with the proceeds of the sale of the property found upon the body of the decedent, which sale shall be held in accordance with the provisions of section four thousand one hundred forty-six a of this code, and at the same time an affidavit with the treasurer showing:
1. The amount of money belonging to the estate of the deceased person which has come into his possession since his last statement.
2. The disposition made of such property.
If the coroner or any justice of the peace acting as coroner fails to deliver to the treasurer within forty days after any inquest upon a dead body all money, or proceeds from the sale of property found upon such body, unless claimed in the meantime by the public administrator or other legal representative of the decedent as required by this section, the district attorney must proceed against the coroner or justice of the peace acting as coroner to recover the same by civil action in the name of the county.
History: Original section, relating to the filling of vacancies in county offices, enacted March 12, 1872, founded upon $ 5 Act March 27, 1850 (Stats. 1850, p. 115), and § 7 Act April 18, 1850 (Stats. 1850, p.
262), and $$ 10, 11 Act April 29, 1851 (Stats. 1851, p. 191), and § 4
8 4146a. SALE OF PROPERTY AT PUBLIC AUCTION. If within thirty days after an inquest upon a dead body no legal representative of such decedent shall have demanded from the coroner or any justice of the peace acting as coroner the property found upon the person of the decedent, the coroner or justice of the peace acting as coroner shall sell such property at public auction upon reasonable public notice, and must immediately thereafter deliver the proceeds of such sale to the treasurer, who shall place the same to the credit of the county, in the same manner as prescribed in section four thousand one hundred fifteen of this code.
History: Enactment approved May 5, 1917, Stats, and Amdts. 1917, p. 260. in effect July 27, 1917.
§ 4147a. POWERS OF DEPUTY CORONERS. If the coroner is absent or unable to attend, the duties of his office may be discharged by any of his deputies with like authority, and subject to the same obligations and penalties as the coroner.
History: Enactment approved May 5, 1917, Stats, and Amdts. 1917, p. 248. in effect July 27, 1917.
FISH AND GAME WARDEN.
§ 4149b. Appointment, removal, and bond.
8 4149b. APPOINTMENT, REMOVAL, AND BOND. The board of supervisors of each county may, in the discretion of the board, at the first meeting thereof held in January, 1909, and in January every two years thereafter, appoint a suitable person to serve for the period of two years from the date of his appointment as fish and game warden of the county. Such fish and game warden may be removed by the board of supervisors for intemperance, neglect of duty, or other good and sufficient reason. Said fish and game warden shall, before entering upon the discharge of his duties, execute a bond with sureties in such sum as may be required by the board of supervisors, for the faithful and proper discharge of his duties as such fish and game warden; and provided, further, that in counties of the third class 'the board of supervisors in their discretion may appoint a deputy fish and game warden.
Deputy fish and game wardens shall have the same duties and powers as their principals. The salary of the deputy fish and game warden in counties of the third class shall be seventy-five dollars a month and shall be paid in the same manner and out of the same fund that the salary of the fish and game warden is paid, and the bond of the fish and game warden shall also be conditioned for the faithful discharge of the duties of his deputy, as well as of himself.
History: Enactment approved March 18, 1907, Stats. and Amdts. 1907, p. 399, Kerr's Stats. and Amdts. 1906-7, p. 234, a codification of $$1 and 4, in part, of statute as amended 1895, p. 169, as amended by Stats. and Amdts. 1905, p. 319, Hen. G. L., p. 479; amended April 5, 1917, Stats, and Amdts. 1917, p. 41. In effect July 27, 1917.
process is said to be regular on its face 1. Process regular on face, when.—An when it proceeds from a court, officer or officer whose duty it is to serve process is body having authority of law to issue process bound to serve it if regular on its face; of that nature, and when it is legal in form
and contains nothing to notify or fairly apprise any one that it is issued without authority.-Pankewicz v. Jess, 27 Cal. App. 340, 149 Pac. 997.
2. When lack of authority is apparent, an officer is not only justified but it is his duty not to serve the illegal process, and the only ground, therefore, upon which an action can be predicated against an officer for executing process is where the lack of authority for its issuance is apparent on its face.—Pankewicz V. Jess, 27 Cal. App. 340, 149 Pac. 997.
office of sheriff shall so far as possible be performed by the actual incumbent of the office, and that the powers of the office shall not continue to be exercised by one whose term has expired. Unexecuted process in his hands does not lose its force, but the power of the law with respect to such process thereafter moves through the arm of the new officer, to whom whatever belongs to the office should be delivered.--In re Baker, 32 Cal. App. 320, 162 Pac. 922.
3. Under the provision of section 4171 of the Political Code, which declares that when any process remains with the sheriff unexecuted, in whole or in part, at the expiration of his term of office, such process shall be executed by his successor or successors in office, a sheriff, whose term of office has expired, can not be compelled by mandamus to take into his possession and deliver to the plaintiff in such proceeding certain personal property which had been taken by him into his possession while he was sheriff in a claim and delivery action, and which he had redelivered to the defendant in such action under a redelivery bond.-In re Baker. 32 Cal. App. 320, 162 Pac. 922.
1. Construction.—The word "process" as used in section 4171 of the Political Code, declaring that when any process remains with the sheriff unexecuted, in whole or in part, at the expiration of his terms of office, said process shall be executed by his successor or successors in office, includes the proceedings which authorize a sheriff to take property in claim and delivery.-In re Baker, 32 Cal. App. 320, 162 Pac. 922.
2. The policy of the law as declared in section 4171 of the Political Code seems to be that the official duties pertaining to the
SALARIES AND FEES OF OFFICERS.
IV. Counties of the fourth class, $ 4233.
V. Counties of the fifth class, $ 4234.
X. Counties of the tenth class, $ 4239.
XV. Counties of the fifteenth class, $ 4244.
XX. Counties of the twentieth class, $ 4249.
XXV. Counties of the twenty-fifth class, $ 4254.
XXX. Counties of the thirtieth class, $ 4259.
XXXV. Counties of the thirty-fifth class, $ 4264.
XLII. Counties of the forty-second class, $ 4271.
L. Counties of the fiftieth class, $ 4279.
COUNTIES OF THE THIRD CLASS. 8 4232. SALARIES AND FEES OF OFFICERS OF. In counties of the third class the county and township officers shall receive as full compensation for the services required of them by law or by virtue of their office the following salaries:
1. The county clerk, five thousand dollars per annum; provided, that the compensation of the county clerk in counties of this class during the present term of office of the present incumbent ending on the first Monday after the first day of January, 1919, shall be four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk one chief deputy, whose salary is hereby fixed at the sum of two thousand four hundred dollars per annum; one deputy, whose salary is hereby fixed at one thousand eight hundred dollars per annum; twenty-four deputies, whose salaries are hereby fixed at the sum of one thousand six hundred twenty dollars per annum each; two deputies, whose salaries are hereby fixed at the sum of one thousand two hundred dollars per annum each. All the foregoing deputies herein provided for, shall be appointed by the county clerk of said county, and their salaries shall be paid by the county in equal monthly installments at the same time and in the same manner and out of the same fund as is the salary of the county clerk; provided, further, that in such years as the compilation of a great register of voters is required by law to be made, the county clerk in counties of this class shall be, and he is hereby allowed the following additional help: Fifteen clerks for a period of and not exceeding six months, whose salaries are hereby fixed at one hundred dollars per month each; fifteen clerks for a period of not exceeding one month, whose salaries are hereby fixed at one hundred dollars per month each; and also for any such year at least one additional deputy in each voting precinct in the county, who shall be a qualified elector of such precinct, for the purpose of registering electors; such additional deputies shall be paid five cents per name for each elector legally registered by them in the same manner as other county claims are paid; and provided, further, that if no help is allowed to county clerks under the direct primary law, the county clerk in counties of this class, in such years as a general state direct primary election is held, shall be and he is hereby allowed the following additional help: Fifteen clerks for a period of and not exceeding two months immediately next preceding the direct primary election day, whose salaries are hereby fixed at one hundred dollars per month each; and provided, further, that in the event of a special election being held throughout the county, the county clerk is allowed fifteen additional deputies for a period of one month immediately preceding the day of such election, at a compensation of one hundred dollars per month each; such clerks shall be appointed by the county clerk of said county, and during their respective periods of