County of Orange v. Backs

The petitioner prays for a writ of mandate directing the county clerk, as ex-offioio clerk of the board of supervisors of Orange County, to attest an ordinance calling a special election for the purpose of determining whether or not certain bonds shall be issued for harbor improve ments. This he has refused to do,. upon a number of grounds involving the constitutionality and legality of the issuance of the bonds if they should be voted.

Section 4038, subdivision 8, of the Political Code makes it the duty of the clerk to authenticate with his signature and the seal of the board of proceedings…