Counties containing a population of seven thousand four hundred and under seven thousand seven hundred shall belong to and be known as counties of the forty-fifth class.

Counties containing a population of seven thousand and under seven thousand four hundred shall belong to and be known as counties of the forty-sixth class.

Counties containing a population of six thousand five hundred and under seven thousand shall belong to and be known as counties of the forty-seventh class.

Counties containing a population of six thousand three hundred and under six thousand five hundred shall belong to and be known as counties of the forty-eighth class.

Counties containing a population of six thousand and under six thousand three hundred shall belong to and be known as counties of the forty-ninth class.

Counties containing a population of five thousand three hundred and under six thousand shall belong to and be known as counties of the fiftieth class.

Counties containing a population of five thousand and under five thou sand three hundred shall belong to and be known as counties of the fifty-first class.

Counties containing a population of four thousand five hundred and under five thousand shall belong to and be known as counties of the fifty-second class.

Counties containing a population of four thousand and under four thousand five hundred shall belong to and be known as counties of the fifty-third class.

Counties containing a population of three thousand five hundred and under four thousand shall belong to and be known as counties of the fifty-fourth class.

Counties containing a population of three thousand and under three thousand five hundred shall belong to and be known as counties of the fifty-fifth class.

Counties containing a population of two thousand four hundred and under three thousand shall belong to and be known as counties of the fifty-sixth class.

Counties containing a population of two thousand and under two thousand four hundred shall belong to and be known as counties of the fifty-seventh class.

Counties containing a population less than two thousand shall belong to and be known as counties of the fifty-eighth class. [Amendment approved February 28, 1911; Stats. 1911, p. 98.]

Citations. App. 11/578.

Township officers. Additional officers.

§ 4014. The officers of a township are, two justices of the peace, two constables, and such subordinate officers as are provided by law.

In townships containing cities, or parts of cities, of the second, third, fourth, or fifth class, in which city justices or recorders are elected or appointed, there shall be but one justice of the peace, and in townships having a population of less than seven thousand seven hundred fifty, there shall be but one justice of the peace and one constable; provided, however, that in townships containing cities of the first and one-half class there shall be four justices of the peace and four constables. For the purpose of this section, the population of townships in the state of California is hereby determined to be the population of such townships as shown by the federal census taken in the year A. D. nineteen hundred and ten, or by a subsequent census taken as in section 4055 of this code provided.

Provided, however, that appointments to fill any additional offices created by this section shall not be made by the board of supervisors except upon the présentation of a petition therefor to said board, signed by not less than forty per cent of the qualified electors residents of such townships, whose names appear upon the great register of the county at the last general election. [Amendment approved February 9, 1911; Stats. 1911, p. 12.]

Recall of elective officers.

§ 4021a. The holder of any elective office of any county may be removed or recalled at any time by the electors; provided, he has held his office at least six months. The procedure to effect such removal or recall shall be as follows: A petition demanding the election of a successor to the person sought to be removed shall be filed with the county clerk, which petition shall be signed by registered voters equal in number to at least twenty per cent of the entire vote cast for all candidates for the lower house of the United States Congress in said county at the last preceding general election, and shall contain a statement of the grounds on which the removal or recall is sought, which statement is intended solely for the information of the voters. Any insufficiency of form or substance in such statement shall in no wise affect the validity of the election and proceedings held thereunder. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number, if any. One of the signers of each such paper shall make oath before an officer competent to administer an oath that the statements therein made are true as he believes, and that each signature to the paper appended is the genuine signature of the person whose name it purports to be. Within ten days from the date of filing such petition, the clerk shall examine and from the records of registration ascertain whether or not said petition is signed by the requisite number of qualified voters, and he shall attach to said petition his certificate showing the result of said examination. If by the clerk's certificate the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate. The clerk shall, within ten days after such amendment.

make like examination of the amended petition and if his certificate shall show the same to be insufficient, it shall be returned to the person filing the same, without prejudice, however, to the filing of a new peti tion to the same effect. If the petition shall be found to be sufficient, the clerk shall submit the same to the board of supervisors without delay, whereupon the board shall forthwith cause a special election to be held within not less than thirty-five nor more than forty days after the date of the order calling such election, to determine whether the voters will recall such officer; provided, that if a general election is to occur within sixty days, the board may in its discretion postpone the holding of such election to such general election or submit such recall election at any such general election occurring not less than thirty-five days after such order. If a vacancy occur in said office after a recall petition is filed, the election shall nevertheless proceed as in this section provided. One petition is sufficient to propose the removal and election of one or more elective officials. One election is competent for the

removal and election of one or more elective officials. Nominations for any office under such recall election shall be made in the manner prescribed in section 1188 of this code. Upon the sample ballot there shall be printed in not more than two hundred words the reasons set forth in the recall petition for demanding the recall of the officer, and upon the same ballot in not more than two hundred words the officer may justify his course in office.

There shall be printed on the recall ballot, as to every officer whose recall is to be voted on thereat, the following question: "Shall (name of person against whom the recall petition is filed) be recalled from the office of (title of the office)" following which question shall be the words "Yes" and "No" on separate lines, with a blank space at the right of each, in which the voter shall indicate, by stamping a cross (X), his vote for or against such recall. On such ballots, under each such question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person recalled, in case he shall be removed from office by said recall election; but no vote cast shall be counted for any candidate for said office unless the voter also voted on said question of the recall of the person sought to be recalled from said office. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office. If a majority of those voting on said question of the recall of any incumbent from office shall vote "No," said incumbent shall continue in said office. If a majority shall vote "Yes," said incumbent shall thereupon be deemed removed from such office, upon the qualification of his successor. The canvassers shall canvass all votes for candidates for said office and declare the result in like manner as in a regular election. If the vote at any such recall election shall recall the officer, then the candidate who has received the highest number of votes for the office shall be thereby declared elected for the remainder of the term. In case the person who received the highest number of votes shall fail to qualify

within ten days after receiving the certificate of election, the office shall be deemed vacant and shall be filled according to law. [New section approved April 3, 1911; Stats. 1911, p. 580.]

Powers of supervisors.

§ 4041. The boards of supervisors, in their respective counties, shall have jurisdiction and power, under such limitations and restrictions as are prescribed by law:

1. To supervise the official conduct of all county officers, and officers of all districts and other subdivisions of the county charged with the assessing, collecting, safekeeping, management, or disbursement of the public revenues; to see that they faithfully perform their duties, direct prosecutions for delinquencies, and, when necessary, require them to renew their official bonds, make reports and present their books and accounts for inspection.

2. To divide the counties into townships, election, school, road, supervisor, sanitary, and other districts required by law, change the same, and create others, as convenience requires.

3. To establish, abolish, and change election precincts, and to appoint inspectors, clerks and judges of election, canvass all election returns, declare the result, and order the county clerk to issue certificates thereof; but no election precinct shall be established or abolished, or the boundaries of any precinct changed, within ninety days prior to any election. 4. To lay out, maintain, control, construct, repair, and manage public roads, turnpikes, ferries, wharves, chutes, and other shipping facilities and bridges within the county, unless otherwise provided by law, and to grant franchises and licenses to collect tolls thereon; provided, where the cost of the construction of any bridge, wharf, chute, or other shipping facilities, or any repairs thereto, that may be built or repaired under the provisions of this subdivision exceeds the sum of five hundred dollars, they must cause to be prepared and must adopt plans and specifications, strain-sheets, and working details, and must advertise for bids for the construction of such bridge, wharves, chutes, or other shipping facilities, unless otherwise provided by law, in accordance with the plans and specifications so adopted. All bidders shall be afforded opportunity to examine such plans and specifications, and said board shall award the contract to the lowest responsible bidder, and the plans and specifications so adopted shall be attached to and become a part of the contract; and the person or corporation to whom the contract is awarded shall be required to execute a bond, to be approved by said board, for the faithful performance of such contract; provided, that after the submission of the bids as herein provided, the board of supervisors being advised by the county surveyor that the work can be done for a sum less than the lowest responsible bid, it shall then be their privilege to reject all bids and to order the work done or structure built by day's work, under the supervision and control of the said surveyor; provided, further, that the surveyor in such cases shall be held personally respon

sible (under his official bond, to construct or repair said bridge or structure), according to his plans and specifications, at a cost not to exceed the amount of the lowest responsible bid received; provided, that the road commissioners or road overseers in their respective districts shall employ all labor required and direct the conduct of work of any kind upon any and all public roads; provided, however, that where the estimated cost of the construction or repair of any turnpike, ferry, wharf, chute, or other shipping facility or bridge within the county or any building or other structure of the character referred to in subdivisions five and eight of this section or the furnishing thereof exceeds the sum of fifty thousand dollars, the board must submit to the qualified electors of the county at the next general election, the question whether such work shall be done, or whether such work shall not be done. The question so submitted shall contain a brief statement of the work to be done and the estimated cost thereof. If a majority of the votes cast on such question at such an election be in favor of performing the work, the board shall have power to order such work done in the manner provided by law; provided, however, that when a bond election is held, as provided by law, for any of the aforesaid purposes and said bond election carries then the board may proceed at once in accordance with law to carry out the improvement or work called for in said bond election without calling or holding the election provided for in this section; and provided, further, that in cases of great emergency caused by flood, fire, earthquake, or act of God, by the unanimous consent of the whole board they may proceed at once to replace or repair any and all bridges and structures without such election or notice, the work to be done by day labor under direction of the board or by contract or by a combination of the two; if wholly or in part by contract, the contractor to be paid actual cost of material and labor expended by him in doing the work, plus fifteen per cent to cover all profit, supervision, use of machinery and tools and other expenses, provided, that no more than the lowest current market prices shall be paid for material.

5. To construct or lease, officer and maintain, hospitals and almshouses, or otherwise, in their discretion, provide for the care and maintenance of the indigent sick or dependent poor of the county; and for such pur poses to levy the necessary property or poll taxes, or both. The board of supervisors shall appoint some suitable person to take care of and maintain such hospitals and almshouses, and shall also appoint some suitable graduate or graduates in medicine to attend to such indigent sick or dependent poor, and to the patients in such hospitals and almshouses. The board shall not let the care, maintenance, or attendance of such indigent sick or dependent poor by contract to the lowest bidder. 6. To provide a farm, in connection with the county hospital, or almshouse, and make regulations for working the same.

7. To purchase, receive by donation, lease, or otherwise acquire real or personal property or water rights necessary for use of the county; to purchase, receive by donation, or otherwise acquire real property for