or in the custody of a former incumbent by virtue of his office. NOTE.-See Secs. 75-77 and 176, Penal Code Cal. ings to compel delivery of. 1015. If any person, whether a former incumbent Proceedor 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 District or County 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. ment and enforce. 1016. The execution of the order and the delivery Attachof the books and papers may be enforced by attach- warrant to ment 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. ARTICLE XII. MISCELLANEOUS PROVISIONS. SECTION 1026. Seals of executive officers. 1027. Great Seal. 1928. 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. executive 1026. Except where otherwise specially provided Seals of by law, the seals of office of the various executive officers. 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. Great Seal. Executive and judicial 1027. NOTE.-The filing here required must be done on or before January 1st, 1873, to identify the seals; and the Secretary of State should carefully preserve such impressions and descriptions. The Great Seal of the State is the one in use at the time of the adoption of this Code. NOTE.-Const., Art. V, Sec. 14, makes the Governor the keeper of the Great Seal. Originally the Governor appointed the Secretary of State, but now, by change of the Constitution, the Secretary is elected; and by Sec. 407, ante, Subd. 4, he has the custody of the "seal," and by Sec. 408, ante, he affixes the "seal;" yet, in contemplation of law, the Governor is the keeper of the Great Seal. 1028. Every executive and judicial officer may administer administer and certify oaths. officers may oaths. Salaries of officers. Office hours Signature Records open to public inspection. 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. NOTE.-Holidays, see Sec. 10, ante. 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. NOTE.-Stats. 1861, p. 139. See note to Sec. 926, ante. 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. NOTE.-Because applicable to officers generally, Sec. 176 of the Penal Code, Cal., is here given: "Every willful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor." 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. VII. Poll Lists. VIII. Election Tickets and Ballots. IX. Voting and Challenges. X. Canvassing and Returning the Vote. of Election. XII. Elections for Electors of President and XIII. Elections for Members of Congress. CHAPTER I. GENERAL PROVISIONS RELATING TO ELECTIONS. ARTICLE I. TIME OF HOLDING ELECTIONS. II. ELECTION PROCLAMATIONS. General election, when to be held. Judicial election, when to be held. Special elections, when to be held. ARTICLE I. TIME OF HOLDING ELECTIONS. SECTION 1041. General election, when to be held. 1042. Judicial election, when to be held. 1043. Special elections, when to be held. 1041. There must be held throughout the State, on the first Wednesday in September, in the year eighteen hundred and seventy-three, and in every second year thereafter, and also on the Tuesday next after the first Monday of November in each bissextile or leap year, an election to be known as the General Election. NOTE.-Const., Art. IV, Sec. 3, Art. V, Sec. 2. The November election here provided for is the Presidential election, and, for economy, all officers whose terms expire immediately preceding it are to be then elected. 1042. There must be held throughout the State, on the third Wednesday in October, in the year eighteen hundred and seventy-three, and in every second year thereafter, an election to be known as the Judicial Election. NOTE.-Const., Art. VI, Sec. 3. The Sup. Pub. Inst. is also elected at this election. 1043. Special elections are such as are held to supply vacancies in any office, and are held at such times as may be designated by the proper Board or officer. NOTE.-Proclamation, when required by law, is necessary prior to an election of a special character.-People vs. Porter, 6 Cal., p. 26. What are to be considered special elections.-See People ex rel. Westbrook vs. Roseborough, 14 Cal., p. 180; People ex rel. Atty. Genl. vs. Martin, 12 Cal., p. 409; People vs. Marsh, 1 Cal., p. 406. By Art. VI, State Constitution, the election provided for under the preceding section, designated as the Judicial Election, is named as a special election. In Const., Art. VIII, special elections, in the creation of State debts are provided for. Officers elected at the organization of a county, at a special election, to hold till their successors are elected, after they have held for ARTICLE II. ELECTION PROCLAMATIONS. SECTION 1053. Election proclamations by the Governor. 1054. Governor's proclamation, what to contain. 1055. Supervisors must publish proclamation, etc. 1056. Election proclamation by Supervisors. 1053. proclama tions by the Governor. At least thirty days before each general or Election judicial election, and whenever he orders a special election, the Governor must issue an election proclamation, under his hand and the Great Seal of the State, and transmit copies thereof to the Board of Supervisors of the counties in which such elections are to be held. NOTE.-People vs. Porter, 6 Cal., p. 26; People ex rel. McKune vs. Weller, 11 Cal., p. 49; Knowles vs. Yeates, 31 Cal., p. 82; People vs. Ryder, N. Y., p. 439; People vs. Church, 6 Cal., p. 78; Bourland vs. Hildreth, 26 Cal., p. 214; Holland vs. Osgood, 8 Vt.; Corliss vs. Corliss, 8 Vt., p. 290; Pond vs. Nigos, 3 Mass., p. 230; People vs. Cook, 14 Barb., p. 294; 4 Cowen, pp. 297, 102; 20 Wend., p. 14; 3 Hill., p. 42; 5 Denio, p. 409; 20 Pick., p. 484. These cases hold election proclamations to be a necessary prerequisite to a valid election when the law, as it does in the text, requires the same to issue. 1054. Such proclamation must contain: 1. A statement of the time of election, and of the offices to be filled; 30-VOL. I. |