Same. Bonds of and that the defendant or defendants have real estate or interest in lands (designating the county or counties in which the same is situated), and that the action is prosecuted for the benefit of the State; and thereupon the Clerk receiving such affidavit must certify to the Recorder of the county in which such real estate is situated the names of the parties to the action, the name of the Court in which the action is pending, and the amount claimed in the complaint, with the date of the commencement of the suit. NOTE.-See "lis pendens," Code Civ. Pro. Cal., Secs. 409, 755, and note. 984. Upon receiving such certificate the County Recorder must indorse upon it the time of its reception, and such certificate must be filed and recorded in the same manner as notices of the pendency of an action affecting real estate; and any judgment recov ered in such action is a lien upon all real estate situated in any county in which such certificate is so filed belonging to the defendant, or to one or more of such defendants, for the amount that the owner thereof is or may be liable upon the judgment, from the filing of the certificate; and the fees due the Clerk and Recorder for the services required are a charge against the county where the suit is brought, to be recovered like other costs. 985. Every officer or body appointing a deputy, Clerks, etc. Clerk, or subordinate officer may require an official bond to be given by the person appointed and may fix the amount thereof. ARTICLE X. RESIGNATIONS, VACANCIES, AND THE MODE OF SUPPLYING THEM. SECTION 995. Resignations, to whom made. 996. Vacancies, how they occur. 997. Notice of removal, by and to whom given. SECTION 998. Vacancies in Legislature, how filled. 999. Vacancies, how filled when not otherwise provided for. 1003. Vacancies in Board of Directors of Insane Asylum, 1004. Power and duty of officers filling unexpired terms. 995. Resignations must be in writing and made as Resig follows: 1. By the Governor and Lieutenant Governor to the Legislature, if it is in session; and if not, then to the Secretary of State; 2. By all officers commissioned by the Governor, to the Governor; 3. By Senators and members of the Assembly, to the presiding officers of their respective Houses, who must immediately transmit the same to the Governor; 4. By all county and township officers not commissioned by the Governor, to the Clerk of the Board of Supervisors of their respective counties; 5. By all other appointed officers, to the body or officer that appointed them; 6. In all cases not otherwise provided for, by filing the resignation in the office of the Secretary of State. NOTE. In the case of The People vs. Porter, 6 Cal., p. 28, it was contended "that to render a resignation effectual it is necessary that it should be accepted by the appointing power." Justice Terry for the Court, Justice Hydenfeldt concurring, said: "I do not think this point well taken. The tenure of an office does not depend upon the will of the Executive, but of the incumbent." In McLean's Reports, p. 512, it was held "that there can be no doubt that a civil officer has the right to resign his office at pleasure, and it is not in the power of the Executive to compel him to remain in office." "If the petitioner had not become the incumbent of the office which he was elected to fill, he had no office to resign; ** taking the oath and filing the necessary bond" constitutes one elected the incum 29-VOL. I. nations, to whom made. Vacancies, how they occur. bent of the office.-See Miller vs. Board of Sup. Sac. Co., 25 Cal., p. 98; see, also, Sec. 996, post, and Subdivisions 1, 3; the third subdivision treats of an "incumbent," and the word "his" in the third subdivision refers to "incumbent," so the text here leaves no doubt on this subject. 996. An office becomes vacant on the happening of either of the following events before the expiration of the term: 1. The death of the incumbent; 2. His insanity, found upon a commission of lunacy issued to determine the fact; 3. His resignation; 4. His removal from office; 5. His ceasing to be an inhabitant of the State, or if the office be local, of the district, county, city, or township for which he was chosen or appointed, or within which the duties of his office are required to be discharged; 6. His absence from the State without permission of the Legislature beyond the period allowed by law; 7. His ceasing to discharge the duties of his office for the period of three consecutive months, except when prevented by sickness, or when absent from the State by permission of the Legislature; 8. His conviction of a felony, or of any offense involving a violation of his official duties; 9. His refusal or neglect to file his official oath or bond within the time prescribed; 10. The decision of a competent tribunal declaring void his election or appointment. NOTE.-Failure to indorse approval on bond does not make office vacant.-People vs. Fitch, 1 Cal., p. 519. Vacancy in the office of Governor occurs only in the instances enumerated in Sec. 17, Art. V, State Const.; see People vs. Whitman, 10 Cal., p. 38. Subd. 3.-See note to preceding section, and People vs. Porter, 6 Cal., p. 26. Subd. 4.-See Const., Art. IV, Sec. 18, "impeachments;" Secs. 35, 36, 37, 38, Co. Civ. Pro. Cal.; Chap ter I, Title II, Part II, Penal Code; Secs. 802-809, Subd. 5.-See note to Sec. 52, ante; Const., Art. IV, Subd. 6.-Const., Art. XI, Sec. 19; People vs. Wells, 2 Cal., p. 198; id., p. 610. Subd. 8.-Const., Art. XI, Secs. 17, 18. Subd. 9.-See note to Sec. 995, ante. Subd. 10.-See note to Subd. 4, supra. 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. NOTE.-See Const., Art. V, Secs. 7, 8; see Sec. 4046, post, Subd. 19. 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. NOTE.-See Const., Art. IV, Sec. 13. Notice of removal, by and to whom given. Vacancies lature, how in Legisfilled. how filled when not otherwise 999. When any office becomes vacant, and no mode Vacancies, is provided by law for filling such vacancy, the Governor must fill such vacancy by granting a commission, provided to expire at the end of the next session of the Legislature or at the next election by the people. NOTE.-See Const., Art. V, Sec. 8. for.; occurring session of lature. 1000. Vacancies occurring in office during the Vacancies recess of the Legislature, the appointment to which is during vested in the Governor and Senate, or in the Legisla- the Legisture, 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. NOTE.-Stats. 1863, p. 390. Vacancies in certain State filled. 1001. A vacancy in the office of either the Secreoffices, how tary of State, Controller, Treasurer, Attorney General, Surveyor General, State Printer, Clerk of the Supreme Court, or State Harbor Commissioner, elected by the State at large, must be filled by a person appointed by the Governor. At the next general election subsequent to the occurrence of the vacancy a successor must be elected, who must qualify and enter upon the duties of his office on the first Monday in December next after his election, and who holds his office for the balance of the unexpired term. . Vacancies in office of Harbor Commissioner or Superintendent of Public In struction, how filled. Vacancies NOTE.-See Sec. 2521, post, and note. 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. NOTE.-See Sec. 2521, post, and note. 1003. Any person appointed to fill a vacancy in the Board of Directors of the Insane Asylum holds how filled. only for the unexpired term of his predecessor. in Board of Power and duty of officers filling NOTE.-Stats. 1870, p. 868. 1004. Any person elected or appointed to fill a vacancy, after filing his official oath and bond, possesses unexpired all the rights and powers and is subject to all the liabilities, duties, and obligations of the officer whose vacancy he fills. terms. Possession of books ARTICLE XI. PROCEEDINGS TO COMPEL THE DELIVERY OF BOOKS AND PAPERS BY SECTION 1014. Possession of books and papers. 1015. Proceedings to compel delivery of. 1016. Attachment and warrant to enforce. 1014. Every public officer is entitled to the pos and papers. session of all books and papers pertaining to his office, |