Norton v. Lewis

Public Officers—Filing of Oath and Bond—Time.—The provisions of the Political Code relating to the time of filing of the oath and bond of public officers are mandatory, and the refusal or neglect of a person duly elected to an office to file his official oath or bond ■within thirty days after notice of his election or appointment vacates the office.

Id.—Member of Board of Supervisors—Failure to Qualify Within Time After Re-election—Salary.—Where a supervisor whose term expired January 8, 1917, and who was re-elected on November 7, 1916, and given notice thereof seventeen days later, did not file his official bond until February 28, 1917, or take his oath until April 23, 1917, the office, as to the term for which he was re-elected, is vacated. He continues to hold the office solely by reason of his first election and the statute which permits and requires him to remain in office until his successor qualifies. Under this extended term, he is entitled to that salary only which is provided by law for such term.