4087. This Chapter does not apply to the City and County of San Francisco. CHAPTER III. COUNTY OFFICERS. ARTICLE I. GENERAL PROVISIONS. II. COUNTY JUDGE. III. COUNTY TREASURER. IV. SHERIFF. V. COUNTY CLERK. VI. COUNTY AUDITOR. VII. COUNTY RECORDER. VIII. DISTRICT ATTORNEY. IX. COUNTY SURVEYOR. X. CORONER. XI. ASSESSORS, TAX COLLECTORS, SCHOOL SUPERINTEND- XII. CONSTABLES, JUSTICES OF THE PEACE, AND INFERIOR OFFICERS. ARTICLE I. GENERAL PROVISIONS. SECTION 4101. Age, citizenship, and residence, as to county officers. 4102. Same as to district and township officers. 4103. County officers enumerated. 4104. Township and other inferior officers. 4105. Offices united and consolidated. 4106. Consolidating offices by the Board. 4107. Omission to consolidate. 4108. Oath, bond, and fees of consolidated offices. 4109. County officers, when elected, and term of office. 4110. County Judges and Justices election, and term of office. 4111. Supervisors, when elected. 4112. May appoint deputies. 4113. Same. 4114. Official name of principal officer includes deputies. 4115. Vacancies, how filled. 4116. What offices to be kept at county seat. SECTION 4117. Civil penalty for non-performance of duty attached to official bond. 4118. County officers may administer oaths. 4119. Certain officers must reside at county seat. 4101. No person is eligible to a county office who Age citizenship, county at the time of his election is not of the NOTE.-See note to Sec. 220, ante; see Secs. 841, 842, district officers. 4102. No person is eligible to a district or town- Same, as to ship office who is not of the age of twenty-one years, township a citizen of the State, and an elector of the district or township in which the duties of the office are to be exercised or for which he is elected. A Public Administrator; A Board of Supervisors; and -In counties of the first class, for highway purposes, a Commissioner of Highways. NOTE.-See Sec. 220, ante, and note; also, Penal Code Cal., Secs. 65, 77. Forfeiture of office.-Id., Sec. 98; see index, id., Title "Officers," etc.; also id., "Office." Removal from office, etc., id., Secs. 758-772, and notes. See, also, Code Civil Pro. Cal., "Usurpation of office," Secs. 802-809, and notes. 4104. The officers of townships are two Justices of the Peace, two Constables, and such other inferior and subordinate officers as are provided for elsewhere in this Code, or by the Board of Supervisors. 4105. In all the counties of the third class: 1. The County Clerk shall be ex officio Auditor and Recorder; 2. The Sheriff shall be ex officio Tax Collector; and 3. The Coroner shall be ex officio Public Administrator. NOTE. In the case of Merrill vs. Gorham, 6 Cal., p. 43, Chief Justice Murray, speaking for the Court, said: "We can see no objection to his (the Sheriff's) exercising the duties of Collector, as they are of the same character as those of his office, and there is no constitutional inhibition. Indeed, motives of prudence and economy may often require the consolidation of different offices of the same character, and we would be reluctant to adopt a rule of construction which would effectually block the wheels of progress and reform and prevent the Legislature from dispensing with useless offices. The fact that the offices were consolidated before the election, and that the Sheriff was elected by the people of the same district, brings the case within the provision of the Constitution, which requires Collectors of taxes to be elected by the inhabitants of their districts." The reasoning of the learned Judge here sustains the text fully in all respects. See also "Coroner acting as Sheriff," People vs. Phoenix, 6 Cal., p. 92. See, also, confirming the first case supra, the cases of People vs. Edwards, 9 Cal., p. 292, and Attorney General vs. Squires, 14 Cal., p. 16. When Clerk and Recorder consolidated, the officer performs the Auditor's duties as Recorder.-People vs. Darrach, 9 Cal., p. 324; see, also, People vs. Durick, 20 Cal., p. 94. Must give bonds for each office, though consolidated, 38 Cal., p. 76; People vs. Ross. Stats. 1871-2, p. 17. An Act to separate the office of County Recorder from [Approved January 8, 1872.] [Enacting clause.] SECTION 1. At the general election to be held on the first Wednesday in September, A. D. 1873, there shall be elected, in addition to the county officers now provided for by law, for the County of Mendocino, a County Recorder, whose office shall be separate and distinct from the office of County Clerk. SEC. 2. The Recorder, whose election is provided for by this Act, shall enter upon the duties of his office on the first Monday in March, A. D. 1874, and hold office for the term of two years, and until his successor is elected and qualified. SEC. 3. The fees of the said office of Recorder of said county shall be the same as those now existing by law for recording, etc., in said county. dating the Board. 4106. By an ordinance adopted, recorded, and pub- Consolilished at least three months prior to a general election offices by at which county officers are to be elected, the Boards of Supervisors of counties of the second class may unite and consolidate certain offices by declaring that: 1. The Recorder elected shall be ex officio Auditor; 2. The County Clerk elected shall be ex officio Auditor and Recorder; 3. The Sheriff elected shall be ex officio Tax Collector; and, 4. The Coroner elected shall be ex officio Public Administrator. NOTE. As to consolidation of offices, see Merrill vs. Gorham, and other cases, in note to Sec. 4105, ante. Stats. 1871-2, p. 170. An Act to authorize the Public Administrator of [Approved February 28, 1872.] [Enacting clause.] SECTION 1. The Public Administrator of Contra A 293 1886 585 100. Omission to consoli- Oath, bond, dated offices. give such bond as the Supervisors of said county in their discretion shall from time to time order, for the faithful performance of the duties of the office. SEC. 2. All laws and parts of laws in conflict with this Act are to be so construed as to be held inapplicable to the county aforesaid. SEC. 3. This Act shall take effect sixty days after its passage. 4107. When there is an omission by the Board of Supervisors to consolidate and to advertise the consolidation of offices as in the preceding section authorized, each office not so consolidated must be filled by an election. 4108. When offices are united and consolidated of consoli- either by the Code or by order of the Supervisors, the person elected to fill the offices so united and consolidated must take the oath and give the bond required for each, discharge all the duties pertaining to each, and receive the compensation affixed to the offices. County officers, and term -73-4 1881. 4109. All county and township officers, except judicial officers, Assessors, and Supervisors, must be elected at the general election in September, eighteen hundred and seventy-three, and every two years thereafter, and hold office for two years from the first Monday of January next after their election. Assessors must be elected at the general election in eighteen hundred and seventy-five, and every four years thereafter, and hold their office for four years from the first Monday of January next after their election, except that in the City and County of San Francisco the Assessor holds his office for the term of four years from the first Monday of December next after his election. Every Assessor now in office must hold his office and exercise the duties thereof until his successor is elected at the general election in eighteen hundred and seventy-five. The provision of this section, so far as it relates to the |