SECTIONS 1850-1855 - California Statutes

GOVERNMENT CODE

SECTION 1850-1855

1850. Every officer is entitled to the possession of all books and
papers pertaining to his office, or in the custody of a former
incumbent by virtue of his office.

1851. If any person, including a former incumbent, refuses or
neglects to deliver to the actual incumbent any such books or papers,
the actual incumbent may petition any court of record sitting in the
county where the person so refusing or neglecting resides, or any
judge of the superior court residing therein.

1852. After notice to the adverse party, the court or judge shall
proceed in a summary way to hear the allegations and proof of the
parties, and to order any such books or papers to be delivered to the
petitioner.

1853. The execution of the order and the delivery of the books and
papers may be enforced by:
(a) Attachment as for a witness.
(b) At the request of the petitioner, by a warrant directed to the
sheriff of the county commanding him to search for those books and
papers, and to take and deliver them to the petitioner.

1854. Every person who wilfully and knowingly intrudes himself into
any public office to which he has not been elected or appointed, and
every person who, having been an executive, administrative or
ministerial officer, wilfully exercises any of the functions of his
office after his term has expired, and a successor has been elected
or appointed and has qualified, is guilty of a misdemeanor.

1855. Every officer whose office is abolished by law, or who, after
the expiration of the time for which he may be appointed or elected,
or after he has resigned or been legally removed from office,
willfully and unlawfully
(a) Mutilates, destroys, or takes away the records, papers,
documents, or other writings appertaining or belonging to his office,
or
(b) Withholds or detains from his successor, or other person
entitled thereto, the records, papers, documents, or other writings
appertaining or belonging to his office, or any money or property in
his custody as such officer,
is punishable by imprisonment in the state prison.