CHAPTER II.

General Provisions Relating to Counties.

$ 3969. Surveys to definitely establish unsettled boundaries. $3970. Reports to Surveyor-General on disagreement of Supervisors.

$ 3971. Surveyor-General to determine boundary, thereupon, or to order new surveys.

$ 3972. Approved surveys to be conclusive.

$ 3973. Previous surveys validated. Their force as evidence.

$ 3974. Apportionment of cost of survey. Provision for payment thereof.

$ 3975. Collection of old taxes when county is divided, or boundary

altered.

$3976. Petition for change of county seat.

$3977. Supervisors to order election.

$3978. Notice of election, etc. (Repealed.)

$3979. Election, notice of; how held and conducted.

$3980. Voter to vote for place he prefers.

$3981. Notice of resuit.

$3982. Place chosen, to be county seat.

$3983. Statement of result deposited and notice transmitted.
$3981. No second election to be held within four years.
$3985. Subsequent removal of county seat.

3969. All common boundaries and common corners of counties not adequately marked by natural objects or lines, or by surveys lawfully made, must be definitely established by surveys jointly made by the surveyors of all the counties affected thereby, and approved by the Boards of Supervisors of such counties, or by a survey made by the Surveyor General, on application of the Board of Supervisors of any county affected thereby.

Boundary line of a county--reputation as proof of, 25 Cal. 554.

3970. If the first mode is adopted, and the Board of Supervisors do not agree upon and finally approve the survey, each Surveyor must make a report to the Surveyor General, with surveys, maps, notes, and explanations touching disputed points.

3971. Upon such reports the Surveyor General must finally determine and establish the common boundaries and corners. if he can collate a satisfactory description therefrom. If the reports are insufficient for such purpose, he must cause surveys to be made, and when approved by him the surveys establish such common boundaries and corners,

3972. All surveys finally approved under the provisions of this chapter are conclusive ascertainments of lines and corners included therein.

Conclusiveness of approved surveys-section followed as to boundary line between Sonoma and Napa counties, in Borel v. Boggs, December 28, 1880, 6 P. C. L. J. 972.

3973. All surveys and maps of boundary lines heretofore legally made and approved, are declared valid, and they are prima facie evidence of the establishment of such lines, cxcept so far as they are inconsistent with the provisions of this Coɗe. [Approved March 30; in effect July 6, 1874.]

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

3974. 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.

3975. 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. Cal. 1879, art. 11, § 3. Mode and requisites of, 32 Cal. 140. Effect on election of officers, 6 Cal. 76, 84; 32 Cal. 140.

County divided-and new county created: Probate Court of old county retained its jurisdiction, 21 Cal. 182; liability between old and new counties for indebtedness, and legislative powers regarding, 26 Cal. 641 23 Cal. 449; now see Const. Cal. 1879, art. 11, § 3.

Division of county--see Desty's Const. Cal. 308.

3976. Whenever the inhabitants of any county of this State desire to remove the county scat of the county from the place where it is fixed by law or otherwise, they may present a petition to the Board of Supervisors of their county, praying such removal, and that an election be held to determine to what place such removal must be made.

Basis of section-Stats. 1850, p. 199; 1854, p. 198.

Removal of county seat--Mandamus to compel election for, not issued on application of elector who has no other interest in the matter, 45 Cal. 6: and will be denied when asked on the pleadings, if answer denies sufficiency of signatures to petition. 45 Cal. 395. Number of elections that may be held for, unlimited, after one where majority of votes cast for old county seat, 48 Cal. 158, 159; but now, only once in four years, by Const. Cal. 1879, art. 11, § 2. Petition for, must have requisite number of signatures, not transferred from another identical petition, 49 Cal. 565. Legislativo power over, and its delegation, 5 Cal. 341; 8 Cal. 382. Contesting election for, 30 Cal. 325.

3977. If the petition is signed by qualified electors of the county, equal in number to at least three-fifths of all the votes

cast in the county at the last preceding general election, the Board must, at the next general election of county officers, submit the question of removal to the electors of the county. [In effect March 2, 1880.]

Before amendment 1880-proportion of signatures required was one-third instead of three-fifths, and there were provisions for time of ordering the election and for naming the day.

Signatures to the petition--denial in answer, that covered requisite proportion of qualified voters, prevents mandamus on pleadings, to compel election, 45 Cal. 395; where cut from another petition bearing identical heading, and pasted on to the one presented to make requisite number, Board has no authority to order election, 49 Cal. 565.

General election-question of removal to be submitted at, under Const. Cal. 1879, art. 11, § 2.

3978. Section thirty-nine hundred and seventy-eight of said Act is hereby repealed. [In effect March 2, 1880.]

3979. Notice of such election, clearly stating the object, shall be given, and tho 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. [In effect March 2, 1880.]

Notice of election-special and different provision for, in repealed $ 3978.

3980. 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.

Basis of section--Stats. 1850, p. 199.

3981. When the returns have been received and compared, and the results ascertained by the Board, if two-thirds of all the legal votes cast by those voting on the proposition are in favor of any particular place, the Board must give notice of the result by posting notices thereof in all the election precincts in the county. [In effect March 2, 1880.]

Two-thirds of votes cast-required instead of majority, as before amdt. 1880, conforming to Const. Cal. 1879, art. 11, § 2.

Notice of result-given by publication also, before amdt. 1880.

3982. In the notice provided for in Section 3981, 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.

Basis of section--Stats. 1850, p. 199; 1854, p. 198.

3983. 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 3982 they must transmit a certified copy thereof to the Secretary of State.

Basis of section-Stats. 1850, p. 199.

3984. 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. [In effect March 2, 1880.]

Within four years thereafter--conforms to Const. Cal. 1879; but before amdt. 1880, period was two years.

Section held inapplicable--where majority of votes cast for eld county seat, and a second election or further elections held authorized, 48 Cal. 159; but now, a proposition of removal shall not be submitted in the same county more than once in four years, under Const. Cal. 1879, art. 11, § 2.

3985. When the county seat of a county has been once removed, by a popular vote of the people of the county, it may be again removed from time to time in the manner provided by this chapter; but no election must be ordered to effect any such subsequent removal, unless a petition praying 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; nor unless at such election, when ordered, two-thirds of all the votes cast are in favor of some other place as the county seat of the county; and such election, when so ordered, shall take place at the first general election held thereafter, nor must two elections to effect such removal be held within four years. [In effect February 3, 1876.] Section held inapplicable-see note to § 3894.

Changes in section-by amdts. 1874 and 1876, altered proportion of signatures from one-third to three-fourths, deciding vote from majority to two-thirds, and limiting period from three to four years.

TITLE II.

The Government of Counties.

CHAPTER I. COUNTIES AS BODIES CORPORATE.
II. THE BOARD OF SUPERVISORS.

Counties as Bodies Corporate.

4000. Every county a body corporate. $4001. Powers, how exercised. S4002. Name and designation. S4003. Enumeration of powers.

$4001. Restriction on loaning credit. 4005. Restriction on temporary loans.

$4006. Classification of counties.

5 4007. Same, governed by new census.

4000. Every county is a body politic and corporate, and as such has the powers specified in this Code, or in special statutes, and such powers as are necessarily implied from those expressed.

Amended in 1880--but amendment of this and other sections declared unconstitutional, with rest of County Government Bill, (see under County Governments, note infra.,) in Leonard v. January, September 16, 1880. The amendment struck out the words "or in special statutes." County-in general, § 3901n.

County governments-uniform system of, Legislature directed to provide, by Const. Cal. 1879, art. 11, § 4; Act to establish, amending this and various other sections of title, declared unconstitutional and void, in Leonard v. January, September 16, 1880; like provision in Const. Cal. 1849, directory merely, and measure of uniformity practicable, in discretion of Legislature, 33 Cal. 487; held not violated by Act for issuance of county bonds for road purposes, 50 Cal. 561. Sacramento County governed by Code system of. 45 Cal. 692. County government is part of State government, 5 Cal. 288. New counties can not be established without, 32 Cal. 140.

Every county is a body politic and corporate--county is a corporation, 15 Cal. 33, (contra, 5 Cal. 238,) or quasi-corporation. 6 Cal. 254; 21 Cal. 113; but not a municipal corporation, 45 Cal. 692. People of county are not a corporation, 15 Cal. 33; though in their quasi-corporate capacity