Ex parte Harrold

Citations

• 47 Cal. 129

Syllabus

<p>Residence oe Oeetoeb at Gountt Seat.—The failure of a County Treasurer to reside at the county seat of his county, as required by Section 4,119 of the Political Code, is not an “ omission to perform any duty enjoined by law upon a public officer,” within the meaning of Section 176 of the Penal Code, and is not made a misdemeanor.</p> <p>Penad 'Code as to Residence oe Oeficebs.—Section 176 of the Penal Code, which makes a willful omission by an officer to perform a duty enjoined by law a misdemeanor, does not apply to conditions or qualifications upon which the incumbent’s right to hold an office depends, but to duties pertaining to the office, while in the discharge of official duties.</p>