ment void, notice to officer empowered to fill vacancy: Sec. 997. Expiration of term: See sec. 879. § 997. Whenever an officer is removed, declared insane, or convicted of a felony or offense involving a violation of his official duty, or whenever his election or appointment is declared void, the body, Judge, or officer before whom the proceedings were had must give notice thereof to the officer empowered to fill the vacancy. § 998. Whenever a vacancy occurs in either House of the Legislature, the Governor must at once issue a writ of election to fill such vacancy. Constitutional foundation of section-Const. Cal., art. 4, sec. 12. § 999. When any office becomes vacant, and no mode is provided by law for filling such vavancy, the Governor must fill such vacancy by granting a commission, to expire at the end of the next session of the Legislature or at the next election by the people. Constitutional basis of section: Const. Cal., art. 5, sec. 8. Governor's power to fill vacancies-sec. 380, subd. 3. Vacancy, when none caused by expiration of term: Secs. 380, 996 n. Elections to fill vacancies in offices: See sec. 1043, post. § 1000. Vacancies occurring in office during the recess of the Legislature, the appointment to which is vested in the Governor and Senate, or in the Legislature, must be filled by appointment made by the Governor; but the person so appointed can only hold the office until the adjournment of the next session of the Legislature. Basis of section: Stats. 1863, p. 390. § 1001. A vacancy in the office of either the Secretary of State, Controller, Treasurer, Attorney-General, Surveyor-General, or Clerk of the Supreme Court, must be filled by a person appointed by the Governor, who shall hold his office for the balance of the unexpired term. [Amendment approved April 1, 1876; Amendments 18756, 23. In effect sixty days after passage.] Controller, special election to fill vacancy: See sec. 1043, post. § 1002. A vacancy in the office of either the Superintendent of Public Instruction or State Harbor Commissioner must be filled by a person appointed by the Governor. Commissioner-vacancy to be State Harbor filled by Governor for unexpired portion of term: Sec. 2520. § 1003. Any person appointed to fill a vacancy in the Board of Directors of the Insane Asylum holds only for the unexpired term of his prede-. cessor. Basis of section: Stats. 1870, p. 868. § 1004. Any person elected or appointed to fill a vacancy, after filing his official oath and bond, possesses all the rights and powers, and is subject to all the liabilities, duties, and obligations of the officer whose vacancy he fills. ARTICLE XI. BOOKS PROCEEDINGS TO COMPEL DELIVERY OF § 1014. Possession of books and papers. § 1014. Every public officer is entitled to the possession of all books and papers pertaining to his office, or in the custody of a former incumbent, by virtue of his office. Books and papers of former incumbent, in case of Notary Public: Sec. 796. § 1015. If any person, whether a former incumbent or another person, refuse or neglect to deliver to the actual incumbent, any such books or papers, such actual incumbent may apply, by petition, to any Court of record sitting in the county where the person so refusing or neglecting resides, or to any Judge of the Superior Court residing therein, and the Court or officer applied to must proceed in a summary way, after notice to the adverse party, to hear the allegations and proof of the parties, and to order any such books or papers to be delivered to the petitioners. [Amendment approved April 3, 1880; Amendments 1880, p. 20. In effect April 3, 1880.] Penalty for refusal: See Penal Code, secs. 76, 77. § 1016. The execution of the order and the delivery of the books and papers may be enforced by attachment as for a witness, and, also, at the , request of the petitioner, by a warrant directed to the Sheriff or a Constable of the county, commanding him to search for such books and papers, and to take and deliver them to the petitioner. § 1031. § 1032. Executive and judicial officers may administer oaths. Salaries of officers. Office hours. Signature of officers acting ex officio. Records open to public inspection, exceptions. § 1026. Except where otherwise specially provided by law, the seals of office of the various executive officers are those in use by such officers at the time this Code takes effect, and each of such officers must at once file a description and impression of such seal in the office of the Secretary of State. Seal-defined: sec. 14; great, sec. 1027; of Inspector of Gas Meters, sec. 578; of Notary Public, sec. 794, subds. 7. 8; of Commissioner of Deeds, sec. 812, subds. 4, 5; of Fire Department, sec. 3340. § 1027. The Great Seal of the State is the one in use at the time of the adoption of this Code. Great Seal: Const. Cal., art. 5, sec. 13; secs. 407, subd. 4, 408, subd. 3, 416, subd. 2. § 1028. Every executive and judicial officer may administer and certify oaths. Administration of oaths: Sections 179, 259, 2012, 2093, 2097, Code of Civil Procedure, and sections 4118, 4103, of the Political Code, provide what officers may administer oaths. $ 1029. Unless otherwise provided by law, the salaries of officers must be paid out of the General Fund in the State Treasury, monthly, on the last day of each month. § 1030. Unless otherwise provided by law, every officer must keep his office open for the transaction of business from ten o'clock a. m, until . four o'clock p. m. each day, except upon holidays. Holidays: Secs. 10, 11. $ 1031. When an officer discharges ex officio the duties of another office than that to which he is elected or appointed, his official signature and attestation must be in the name of the office the duties of which he discharges. Basis of section: Stats. 1861, p. 139. § 1032. The public records and other matters in the office of any officer are at all times, during office hours, open to the inspection of any citizen of this State.. In all actions for divorce, the pleadings and the testimony taken and filed in said actions shall not be by the Clerk with whom the same is filed, or the referee before whom the testimony is taken, made public, nor shall the same be allowed to be inspected by any person except the parties that may be interested, or the attorneys to the action, or by an order of the Court in which the action is pending; a copy of said order must be filed with the Clerk. In cases of attachment, the Clerk of the Court with whom the complaint is filed shall not make public the fact of the filing of such complaint, or of the issuing of such attachment, until after the filing of return of service of attachment. [Amendment approved March 30; Amendments 1873-4, p. 14. In effect July 6, 1874.] Public writings open to inspection: Code Civ. Proc., sec. 1892. Divorce: Civil Code, secs. 82-148. Attachment: Code Civ. Proc., secs. 537-559. TITLE II. OF ELECTIONS. Chapter I. General Provisions relating to Elections. II. Qualifications and Disabilities of Elec tors. III. Registration of Electors. IV. Election Precincts. V. Boards of Election. VI. Opening and Closing the Polls. VIII. Election Tickets and Ballots. IX. Voting and Challenges. X. Canvassing and Returning the Vote. XI. cates of Election. XII. Elections for Electors of President and Vice-President. XIII. Elections for Members of Congress. CHAPTER I. GENERAL PROVISIONS RELATING TO ELECTIONS. Article I. Time of Holding Elections. II. III. Election Proclamations. Miscellaneous Provisions. IV. County, City and County Boards of Election Com missioners. § 1041. General election, when to be held. § 1042. Judicial election. (Repealed.) § 1043. Special elections, when to be held. § 1041. There must be held throughout the State, on the first Tuesday after the first Monday |