bond.

799. Each Notary must execute an official bond Official in the sum of five thousand dollars, which bond must be approved by the County Judge of his county, and filed and recorded as other official bonds of county officers.

NOTE.-See Secs. 947-957, post, inclusive.

of filing

oath.

800. Each Notary, as soon as he has taken his Certificate official oath and filed his official bond, must transmit bond and a certificate of the facts, under the hand and seal of the County Clerk, to the office of the Secretary of State.

on official

801. For the official misconduct or neglect of a Liabilities Notary Public, he and the sureties on his official bond bond. are liable to the parties injured thereby for all the damages sustained.

NOTE. This Article is founded upon the statutes cited, and the statutes of 1862, p. 445; 1870, p. 157.

816. List of Commissioners to be published.

817. Copy of this Article to be transmitted to appointee.

to appoint.

811. The Governor may appoint in each State of Governor the United States, or in any foreign State, one or more Commissioners of Deeds, to hold office for the term of four years from and after the date of their commission.

NOTE.-Lord vs. Sherman, 2 Cal., p. 498. See, generally, the powers and duties of Notaries and the notes to sections of the preceding Article.

812. Every Commissioner of Deeds has power, General within the State for which he is appointed:

1. To administer and certify oaths;

duties of.

Effect of acts done by Commissioners.

Oath, when to be filed.

Fees.

List of
Commis-

sioners

to be

2. To take and certify depositions and affidavits; 3. To take and certify the acknowledgment or proof of powers of attorney, mortgages, transfers, grants, deeds, or other instruments for record;

4. To provide and keep an official seal, upon which must be engraved the arms of this State, the words "Commissioner of Deeds for the State of California," and the name of the State for which he is commissioned;

5. To authenticate, with his official seal, all his official acts.

813. All oaths administered, depositions and affidavits taken, and all acknowledgments and proofs certified by Commissioners of Deeds, have the same force and effect, to all intents and purposes, as if done and certified in this State by any officer authorized by law to perform such acts.

814. The official oaths of Commissioners of Deeds must be filed in the office of the Secretary of State within six months after they are taken.

815. The fees of Commissioners of Deeds are the same as those prescribed for Notaries Public.

816. The names of all persons appointed Commissioners must be published three times in some weekly published. newspaper published at the seat of government of the State.

Copy of

this Article

it.

817. The Secretary of State must transmit, with to be trans- the commission to the appointee, a certified copy of appointee. this Article, and of Section 798.

mitted to

ARTICLE V.

OTHER OFFICERS.

SECTION 827. Court Commissioners.

828. Secretary and Bailiff of the Supreme Court.

SECTION 829. Phonographic Reporters.

830. Clerks, Sheriffs, Coroners, and other county officers, etc.

831. Attorneys and Counselors at Law.

missioners.

827. The mode of appointment, powers, and duties Court Comof Court Commissioner are fixed by Chapter II, Title III, Part I of THE CODE OF CIVIL PROCEDURE.

NOTE.-Const., Art. VI, Sec. 11, last clause; see Vol. I Co. Civ. Pro. Cal., "Appointment of," Sec. 258. "Powers," id., Sec. 259; see, also, id., Secs. 173, 640, 643, 644, 645.

828. The mode of appointment, powers, and duties of the Secretary and Bailiff of the Supreme Court are fixed by Chapter II, Title IV, Part I of THE CODE OF CIVIL PROCEDURE.

NOTE.-See Vol. I Co. Civ. Pro. Cal., Secs. 265, 266.

Secretary of the

and Bailiff

Supreme
Court.

graphic

829. The mode of appointment, powers, and duties Phonoof Phonographic Reporters are fixed by Chapter III, Reporters. Title IV, Part I of THE CODE OF CIVIL PROCEDURE, and Sections 769 and 770 of this Code.

NOTE.-See Vol. I Co. Civ. Pro. Cal., Secs. 269, 270, 271.

830. The mode of eléction of Clerks, Sheriffs, Clerks, Coroners, and other county and township offieers is Coroners,

fixed by Part IV of this Code.

NOTE.-Const., Art. VI, Sec. 11; Sec. 4109, post.

Sheriffs,

and other County officers, etc.

and

831. The admission of attorneys and counselors at Attorneys law is provided for and their duties fixed in Chapter counselors I, Title V, Part I of THE CODE OF CIVIL PROCEDude.

NOTE.-See Vol. I Co. Civ. Pro Cal., Sec. 275,

at law.

et seq.

26-VOL. I.

CHAPTER VII.

GENERAL PROVISIONS RELATING TO DIFFERENT CLASSES OF

OFFICERS.

ARTICLE I. DISQUALIFICATIONS.

II. RESTRICTIONS UPON THE RESIDENCE OF OFFICERS.

III. POWERS OF DEPUTIES.

IV. APPOINTMENT AND DURATION OF TERM.

V. NOMINATIONS AND COMMISSIONS.

VI. OATH OF OFFICE.

VII. PROHIBITIONS APPLICABLE TO CERTAIN OFFICERS.
VIII. SALARIES, WHEN TITLE IS CONTESTED.

IX. BONDS OF OFFICERS.

X. RESIGNATIONS, VACANCIES, AND THE MODE OF SUP

PLYING THEM.

XI. PROCEEDINGS TO COMPEL DELIVERY OF BOOKS AND

PAPERS.

XII. MISCELLANEOUS PROVISIONS.

Age and citizenship.

Other disqualifications.

ARTICLE I.

DISQUALIFICATIONS.

SECTION 841. Age and citizenship.

842. Other disqualifications.

841. No person is capable of holding a civil office who at the time of his election or appointment is not of the age of twenty-one years and a citizen of this State.

NOTE.-Const., Art. I, Secs. 1, 2. All men are free and independent.-See, also, Federal Const., amendments, Arts. XIII, XIV, XV. Citizenship and right of suffrage.-Const., Art. II, Sec. 1; Vol. I, Co. Civ. Pro. Cal., Secs. 156, 157, 158, 159.

842. Provisions respecting disqualification for particular offices are contained in the Constitution and in the provisions of the Codes concerning the various offices.

NOTE.-See Art. IV, Secs. 4, 5, 21; Art. V, Secs. 3, 16; Art. VI, Sec. 13. Judicial not to receive fees.See Id., Sec. 16. Art. XI, Sec. 2, duelling; Sec. 17, bribery; Sec. 18, perjury, bribery, or other high crimes.

Impeachment.-Art. IV. Sec. 19. A neglect to qualify
by one elected to fill it, leaves the office vacant.-Payne
vs. San Francisco, 3 Cal., p. 122. Judges disqualified.—
Vol. I, Co. Civ. Pro. Cal., Secs. 170-173; Const., Art.
IV, Sec. 21. Federal officer may not hold a State
office. Searcy vs. Grow, 15 Cal., p. 117; People vs.
Whitman, 10 Cal., p. 38; People vs. Turner, 20 Cal.,
p. 142.

· ARTICLE II.

RESTRICTIONS UPON THE RESIDENCE OF OFFICERS.

SECTION 852. Certain officers must reside in Sacramento.

853. Absence from the State.

854. Restrictions upon judicial officers.

855. Restrictions upon county officers.

852. The following officers must reside at and keep Certain

their offices in the City of Sacramento:

officers must reside in Seeramento.

The Governor;

Secretary of State;

Controller;

Treasurer of State;

Attorney General;

Surveyor General;
State Printer;

Superintendent of Public Instruction;

Justices of the Supreme Court;

Clerk of the Supreme Court;

Reporters of the Supreme Court; and
Adjutant General.

NOTE.-Stats. 1854, p. 58, Sec. 1, extended. Resi-
dence.-Const., Art. II, Sec. 4. Who are not elec-
tors.-Id., Sec. 5; Art. XI, Sec. 19. Absence from
the State on business of the State does not affect ques-
tion of residence. It may be safely said that the legis-
lative power may fix terms and conditions upon the
enjoyment and exercise of the duties and functions of
an office not in conflict with the Constitution, but which
tend to a more efficient discharge of the duties assigned
by that instrument.-See People vs. Haskell, 5 Cal.,
p. 357; Ross vs. Whitman, 6 Cal., p. 361; People vs.
Langdon, 8 Cal., p. 1; Brodie vs. Campbell, 17 Cal.,