p. 11; People vs. Banvard, 27 Cal., p. 470; People vs. Whitman, 10 Cal., p. 38; see note to Sec. 52, ante; Vol. I, Co. Civ. Pro. Cal., Secs. 156, 157, 158, 159. 853. No officer mentioned in the preceding sec tion must absent himself from the State for more than thirty days, unless upon business of the State or with the consent of the Legislature. NOTE.-See Sec. 220, ante, and note. 854. Restrictions upon the residence of other judicial officers are contained in THE CODE OF CIVIL PROCEDURE. NOTE.-See Vol. I, Code Civ. Pro., Cal., Secs. 156162, inclusive, and notes. 855. Restrictions upon the residence of county officers are contained in Part IV of this Code. NOTE.-See Secs. 4101, 4102, post, and notes. ARTICLE III. Powers of POWERS OF DEPUTIES. SECTION 865. Powers of Deputies. 865. In all cases not otherwise provided for, each deputy possesses the powers and may perform the duties attached by law to the office of his principal. NOTE.-Ministerial officers may appoint deputies; this includes Constables.-Taylor vs. Brown, 4 Cal., p. 188. This Code makes ample provision for deputies for all officers, where deemed right, proper, or necessary.-See Sec. 4112, post. Powers of deputies coextensive with those of principals.-Muller vs. Boggs, 25 Cal., p. 184. Acts must be in the name of principal.— Joyce vs. Joyce, 5 Cal., p. 449. ARTICLE IV. APPOINTMENT AND DURATION OF TERMS. SECTION 875. Appointments, when not otherwise provided for. SECTION 877. Number of deputies. 878. Term of office, when not prescribed. 879. Holding over until successor is qualified. ments, 875. Every officer, the mode of whose appoint- Appointment is not prescribed by the Constitution or statutes, when not must be appointed by the Governor. NOTE.-See Const., Art. XI, Sec. 6. 876. All assistants, deputies, and other subordinate officers, whose appointments are not otherwise provided for, must be appointed by the officer or body to whom they are respectively subordinate. NOTE.-See Sec. 4112, post. provided for. Deputies and subordinate officers. dis deputies. 877. When the number of such deputies or subor- Number of dinate officers is not fixed by law, it is limited only by the discretion of the appointing power. 878. Every office of which the duration is not Term of fixed by law is held at the pleasure of the appointing power. NOTE.-See Const., Art. XI, Sec. 7. office, when not prescribed. over until successor 879. Every officer must continue to discharge the Holding, duties of his office, although his term has expired, until his successor has qualified. is qualified. ARTICLE V. NOMINATIONS AND COMMISSIONS OF OFFICERS. SECTION 889. Nominations to Senate must be in writing. 890. Resolution of concurrence. 891. Commissions by the Governor. 892. Form of commissions. 893. Other commissions. 894. Appointment of deputies, etc., how made. tions to 889. Nominations made by the Governor to the NominaSenate must be in writing, designating the residence Senato of the nominee and the office for which he is nomi- writing. nated. NOTE.-The word or term "holding," as used in the must be in Resolution of concurrence. Commissions by the Governor. Form of commissions. Other commissions. Appointment of deputies, etc., how made. Constitution, was held in the case of The People vs. Whitman, 10 Cal., p. 38, to require a concurrence of two wills-the will or intent to appoint, and the will or intent to discharge the duties of the office-the former on the part of the appointing power, and the latter on the part of the appointee. 890. Whenever the Senate concurs in a nomination, its Secretary must immediately deliver a copy of the resolution of concurrence, certified by the President and Secretary, to the Secretary of State, and another copy, certified by the Secretary, to the Gov ernor. 891. The Governor must commission: 1. All officers elected by the people whose commissions are not otherwise provided for: 2. All officers elected by the Legislature; 3. All officers of the militia; 4. All officers appointed by the Governor, or by the Governor with the advice and consent of the Senate; 5. United States Senators. NOTE.-See Sec. 380, ante, and note; also, Subds. 2 and 3, id.; also, Sec. 382, Subd. 4. 892. The commissions of all officers commissioned by the Governor must be issued in the name of the people of this State, and must be signed by the Governor and attested by the Secretary of State, under the Great Seal. NOTE.-Stats. 1863, p. 388. 893. The commissions of all other officers, where no special provision is made by law, must be signed by the presiding officer of the body or by the person making the appointment. 894. The appointment of deputies, clerks, and subordinate officers, when not otherwise provided for, must be made in writing, filed in the office of the appointing power or the office of its Clerk. NOTE.-In Part IV it is provided that appointments of deputies of county officers, etc., must be filed in the ARTICLE VI. OATH OF OFFICE. SECTION 904. Oath, form of. 905. Oath of Governor and Lieutenant Governor. 906. Oath of members of the Legislature. 907. Oath, when taken. 908. Oath, before whom taken. 909. Oath, where filed. 910. Oath of Deputies, etc. form of. 904. Before any officer enters on the duties of his oath, office, he must take and subscribe the following oath: "I do swear [or affirm] that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of according to the best of my ability." 905. NOTE.-Const., Art. XI, Sec. 3. The Governor and Lieutenant Governor must take the official oath in the presence of both Houses of the Legislature, in Convention assembled, and an entry of the fact must be made upon the Journals of each House. NOTE.-Const., Art. V, Sec. 4. 906. Members of the Legislature may take the oath of office at any time during the term for which they were elected. taken. 907. Whenever a different time is not prescribed Oath, when by law, the oath of office must be taken, subscribed, and filed within ten days after the officer has notice of his election or appointment, or before the expiration of fifteen days from the commencement of his term of office, when no such notice has been given. Oath, before whom taken. Oath, where filed. Oath of Deputies, etc. 908. Except when otherwise provided, the oath may be taken before any officer authorized to administer oaths. NOTE. The oath is usually indorsed on the commission or certificate of election, and recorded with it, if the commission or certificate is itself recorded. 909. Every oath of office, certified by the officer before whom the same was taken, must be filed within the time required by law, except when otherwise specially directed, as follows: 1. The oath of all officers whose authority is not limited to any particular county, in the office of the Secretary of State. 2. The oath of all officers elected or appointed for any county, and of all officers whose duties are local, or whose residence in any particular county is prescribed by law, in the offices of the Clerks of their respective counties. 910. Deputies, clerks, and subordinate officers must, within ten days after receiving notice of their appointment, take and file an oath in the manner required of their principals. Certain officers not to be interested ARTICLE VII. PROHIBITIONS APPLICABLE TO CERTAIN OFFICERS. SECTION 920. Certain officers not to be interested in contracts. 922. Contracts in violation, voidable. 923. Certain officers prohibited from dealing in scrip, etc. 924. Auditing officers, duties of. 925. Treasurer, duties of. 926. When settlements must be withheld. 920. Members of the Legislature, State, county, city, and township officers, must not be interested in in contracts any contract made by them in their official capacity, or by any body or Board of which they are members. NOTE.-Stats. 1851, p. 522; see Sec. 71, Penal Code Cal. |