SUBDIVISION 8. Conviction of felony or misdemeanor in officeImpeachment, Const. Cal., art. 4. §§ 17, 18, and see Desty's Const. Cal. 248; also Penal Code, $$ 737-753; Court of, Code Civ. Proc., $$ 36-39. Removal of civil officers otherwise than by impeachment, Penal Code, $$ 758-772. Notice to officer empowered to fill vacancy, § 997. SUBDIVISION 9. Failure to qualify-prevents effectual resignation, 25 Cal. 93; vacancy held not created by, 10 Cal. 38. Official oath, time prescribed for filing, $ 907, and generally, see $$ 904-910. Bond, time prescribed for filing, $ 917; failure to indorse approval on, does not make office vacant, 1 Cal. 519; excess of jurisdiction in declaring office vacant for failure to duly file new, 10 Cal. 344. SUBDIVISION 10. Declaration that election or appointment void-see Actions for usurpations of an office, etc., subd. 4n. Notice to officer empowered to fill vacancy, § 997. 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, § 12. 999. When any office becomes vacant, and no mode is provided by law for filling such vacancy, 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, § 8; cited 6 Cal. 290; 8 Cal. 12; 37 Cal. 641; discussed 20 Cal. 507; 37 Cal. 616 et seq. Governor's power to fill vacancies-§ 380, subd. 3, and notes. Vacancy-what constitutes, 2 Cal. 198, 204; 6 Cal. 26, 288; 7 Cal. 519; 8 Cal. 1; 10 Cal. 38; 37 Cal. 614, 639; 49 Cal. 407; when none caused by expiration of term, see Expiration of term, & 996n; power to fill, is that of appointment, 32 Cal. 77. No mode provided by law-for filling vacancy; if otherwise, section (as found in the Constitution) does not apply, 20 Cal. 507. Next election by the people-term of officer appointed to fill vacancy continues until, 47 Cal. 442; 52 Cal. 167. 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. Appointment vested-in Legislature, see 37 Cal. 617 reviewing 6 Cal. 289; 8 Cal. 1; in Governor and Senate, 7 Cal. 519; 20 Cal. 507; 49 Cal. 407. Until adjournment-of next session of Legislature, 37 Cal. 617; until new appointment made (under Stats. 1851), 20 Cal. 507. 1001. A vacancy in the office of either the Secretary of State, Controller, Treasurer, Attorney-General, SurveyorGeneral, 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. [Approved April 1, 1876.] Controller-special election to fill vacancy, must be preceded by Governor's proclamation, 52 Cal. 169. 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. State Harbor Commissioner-vacancy to be filled by Governor for unexpired portion of term, § 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 predecessor. Basis of section-Stats. 1870, p. 868. Vacancy in Board of Directors of Insane Asylum-how filled under former statute, 37 Cal. 639. 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. PROCEEDINGS TO COMPEL DELIVERY OF BOOKS AND PAPERS BY OFFICERS TO THEIR SUCCESSORS. 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 $ 796. 1015. If any person, whether a former incumbent or another person, refuse or neglect to deliver to the actual incum. bent, 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. [In effect April 3, 1880.] Penalty for refusal-see Penal Code, $$ 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. Penalty for refusal-§ 1015n. ARTICLE XII. MISCELLANEOUS PROVISIONS. $1026. Seals of executive officers. 1027. Great Seal. $1028. Executive and judicial officers may administer oaths. 1029. Salaries of officers. 1030. Office hours. $1031. Signature of officers acting ex officio. 1032. 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, § 14; generally, see § 14, notes; great, $ 1027 and note; of Inspector of Gas Meters, $ 578; of Notary Public, $ 791, subds 7, 8; of Commissioner of Deeds, $812, subds. 4, 5; of Fire Department, § 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, § 13; §§ 407, subd. 4, 408, subd. 3, 416, subd. 2. 1028. Every executive and judicial officer may administer and certify oaths. Administration of oaths-Code Civ. Proc. 2093-2097. 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. POL. CODE-15. 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-§§ 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 18 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. [Approved March 30; in effect July 6, 1874.] Public writings open to inspection-Code Civ. Proc., § 1892. Attachment-Code Civ. Proc., $$ 537-559. TITLE II. Of Elections. CHAPTER I. GENERAL PROVISIONS RELATING TO ELECTIONS. VIII. ELECTION TICKETS AND BALLOTS. IX. VOTING AND CHALLENGES. X. CANVASSING AND RETURNING THE VOTE. XI. CANVASS OF RETURNS; DECLARATION OF RESULT; XIII. ELECTIONS FOR MEMBERS OF CONGRESS. CHAPTER I. General Provisions Relating to Elections. ARTICLE I. TIME OF HOLDING ELECTIONS. ARTICLE I. TIME OF HOLDING ELECTIONS. 1041. General election, when to be held. |