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262), and $$ 10, 11 Act April 29, 1851 (Stats. 1851, p. 191), and § 4
March 26, 1851 (Stats. 1851, p. 200), and Act March 16, 1863, p. 56,
amending $ 7 Act April 18, 1850; amended April 27, 1880, Code Amdts.
1880 (Pol. C. pt.), p. 101, act held unconstitutional, see history, $ 4000
ante; March 18, 1905, Stats, and Amdts. 1905, p. 246; former section
repealed and enactment of present section approved March 18, 1907,
Stats. and Amdts. 1907, p. 390, Kerr's Stats. and Amdts. 1906-7, p. 224;
May 5, 1917, Stats, and Amdts, 1917, p. 259. In effect July 27, 1917.

$ 4146a. SALE OF PROPERTY AT PUBLIC AUCTION. If within thirty days after an inquest upon a dead body no legal representative of such decedent shall have demanded from the coroner or any justice of the peace acting as coroner the property found upon the person of the decedent, the coroner or justice of the peace acting as coroner shall sell such property at public auction upon reasonable public notice, and must immediately thereafter deliver the proceeds of such sale to the treasurer, who shall place the same to the credit of the county, in the same manner as prescribed in section four thousand one hundred fifteen of this code.

History: Enactment approved May 5, 1917, Stats, and Amdts. 1917,

In effect July 27, 1917.

p. 260.

§ 4147a. POWERS OF DEPUTY CORONERS. If the coroner is absent or unable to attend, the duties of his office may be discharged by any of his deputies with like authority, and subject to the same obligations and penalties as the coroner.

History: Enactment approved May 5, 1917, Stats, and Amdts. 1917, p. 248. in effect July 27, 1917.

ARTICLE X.

FISH AND GAME WARDEN.

$ 4149b. Appointment, removal, and bond.

8 4149b. APPOINTMENT, REMOVAL, AND BOND. The board of supervisors of each county may, in the discretion of the board, at the first meeting thereof held in January, 1909, and in January every two years thereafter, appoint a suitable person to serve for the period of two years from the date of his appointment as fish and game warden of the county. Such fish and game warden may be removed by the board of supervisors for intemperance, neglect of duty, or other good and sufficient reason. Said fish and game warden shall, before entering upon the discharge of his duties, execute a bond with sureties in such sum as may be required by the board of supervisors, for the faithful and proper discharge of his duties as such fish and game warden; and provided, further, that in counties of the third class 'the board of supervisors in their discretion may appoint a deputy fish and game warden.

Deputy fish and game wardens shall have the same duties and powers as their principals. The salary of the deputy fish and game warden in counties of the third class shall be seventy-five dollars a month and shall be paid in the same manner and out of the same fund that the salary of the fish and game warden is paid, and the bond of the fish and game warden shall also be conditioned for the faithful discharge of the duties of his deputy, as well as of himself.

History: Enactment approved March 18, 1907, Stats. and Amdts. 1907, p. 399, Kerr's Stats. and Amdts. 1906-7, p. 234, a codification of $$1 and 4, in part, of statute as amended 1895, p. 169, as amended by Stats. and Amdts. 1905, p. 319, Hen. G. L., p. 479; amended April 5,

1917, Stats, and Amdts. 1917, p. 41. In effect July 27, 1917. § 4168.

process is said to be regular on its face 1. Process regular on face, when.-An when it proceeds from a court, officer or officer whose duty it is to serve process is body having authority of law to issue process bound to serve it if regular on its face; of that nature, and when it is legal in form and contains nothing to notify or fairly apprise any one that it is issued without authority.-Pankewicz v. Jess, 27 Cal. App. 340, 149 Pac. 997.

2. When lack of authority is apparent, an officer is not only justified but it is his duty not to serve the illegal process, and the only ground, therefore, upon which an action can be predicated against an officer for executing process is where the lack of authority for its issuance is apparent on its face.-Pankewicz V. Jess, 27 Cal. App. 340, 149 Pac. 997.

office of sheriff shall so far as possible be performed by the actual incumbent of the office, and that the powers of the office shall not continue to be exercised by one whose term has expired. Unexecuted process in his hands does not lose its force, but the power of the law with respect to such process thereafter moves through the arm of the new officer, to whom whatever belongs to the office should be delivered.-In re Baker, 32 Cal. App. 320, 162 Pac. 922.

3. Under the provision of section 4171 of the Political Code, which declares that when any process remains with the sheriff unexecuted, in whole or in part, at the expiration of his term of office, such process shall be executed by his successor or successors in office, a sheriff, whose term of office has expired, can not be compelled by mandamus to take into his possession and deliver to the plaintiff in such proceeding certain personal property which had been taken by him into his possession while he was sheriff in a claim and delivery action, and which he had redelivered to the defendant in such action under a redelivery bond.-In re Baker. 32 Cal. App. 320, 162 Pac. 922.

8 4171.

1. Construction.-The word "process" as used in section 4171 of the Political Code, declaring that when any process remains with the sheriff unexecuted, in whole or in part, at the expiration of his terms of office, said process shall be executed by his successor successors in office, includes the proceedings which authorize a sheriff to take property in claim and delivery.-In re Baker, 32 Cal. App. 320, 162 Pac. 922.

2. The policy of the law as declared in section 4171 of the Political Code seems to be that the official duties pertaining to the

or

CHAPTER X.

SALARIES AND FEES OF OFFICERS.
Article III. Counties of the third class, $ 4232.

IV. Counties of the fourth class, $ 4233.

V. Counties of the fifth class, $ 4234.
VII. Counties of the seventh class, $ 4236.
VIII. Counties of the eighth class, $ 4237.
IX. Counties of the ninth class, 8 4238.

X. Counties of the tenth class, $ 4239.
XI. Counties of the eleventh class, $ 4240.
XII. Counties of the twelfth class, $ 4241.
XIII. Counties of the thirteenth class, $ 4242.
XIV. Counties of the fourteenth class, $ 4243.

XV. Counties of the fifteenth class, $ 4244.
XVI. Counties of the sixteenth class, $ 4245.
XVII. Counties of the seventeenth class, $ 4246.
XVIII. Counties of the eighteenth class, $ 4247.
XIX. Counties of the nineteenth class, $ 4248.

XX. Counties of the twentieth class, $ 4249.
XXI. Counties of the twenty-first class, $ 4250.
XXII. Counties of the twenty-second class, $ 4251.
XXIII. Counties of the twenty-third class, $$ 4252, 4252a [new].

XXV. Counties of the twenty-fifth class, $ 4254.
XXVI. Counties of the twenty-sixth class, $ 4255.
XXVII. Counties of the twenty-seventh class, $$ 4256, 4256a [new].
XXVIII. Counties of the twenty-eighth class, $ 4257.
XXIX. Counties of the twenty-ninth class, $ 4258.

XXX. Counties of the thirtieth class, $ 4259.
XXXI. Counties of the thirty-first class, $ 4260.
XXXII. Counties of the thirty-second class, $$ 4261, 4261a [new].
XXXIII. Counties of the thirty-third class, $ 4262.
XXXIV. Counties of the thirty-fourth class, $ 4263.

XXXV. Counties of the thirty-fifth class, $ 4264.
XXXVI. Counties of the thirty-sixth class, $ 4265.
XXXVII. Counties of the thirty-seventh class, $ 4266.
XXXVIII. Counties of the thirty-eighth class, $ 4267.
XXXIX. Counties of the thirty-ninth class, $$ 4268, 4268a [new].

XLII. Counties of the forty-second class, $ 4271.
XLIII. Counties of the forty-third class, $ 4272.
XLVI. Counties of the forty-sixth class, $ 4275.
XLVII. Counties of the forty-seventh class, $8 4276, 4276a [new].
XLVIII. Counties of the forty-eighth class, $ 4277.
XLIX. Counties of the forty-ninth class, $ 4278.

L. Counties of the fiftieth class, $ 4279.
LI, Counties of the fifty-first class, $ 4280.
LII. Counties of the fifty-second class, $$ 4281, 4281a [new].
LIV. Counties of the fifty-fourth class, $ 4283.
LVI, Counties of the fifty-sixth class, $ 4285.
LVII. Counties of the fifty-seventh class, $ 4286.

ARTICLE III.

COUNTIES OF THE THIRD CLASS.

8 4232. SALARIES AND FEES OF OFFICERS OF. In counties of the third class the county and township officers shall receive as full compensation for the services required of them by law or by virtue of their office the following salaries:

1. The county clerk, five thousand dollars per annum; provided, that the compensation of the county clerk in counties of this class during the present term of office of the present incumbent ending on the first Monday after the first day of January, 1919, shall be four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk one chief deputy, whose salary is hereby fixed at the sum of two thousand four hundred dollars per annum; one deputy, whose salary is hereby fixed at one thousand eight hundred dollars per annum; twenty-four deputies, whose salaries are hereby fixed at the sum of one thousand six hundred twenty dollars per annum each; two deputies, whose salaries are hereby fixed at the sum of one thousand two hundred dollars per annum each. All the foregoing deputies herein provided for, shall be appointed by the county clerk of said county, and their salaries shall be paid by the county in equal monthly installments at the same time and in the same manner and out of the same fund as is the salary of the county clerk; provided, further, that in such years as the compilation of a great register of voters is required by law to be made, the county clerk in counties of this class shall be, and he is hereby allowed the following additional help: Fifteen clerks for a period of and not exceeding six months, whose salaries are hereby fixed at one hundred dollars per month each; fifteen clerks for a period of not exceeding one month, whose salaries are hereby fixed at one hundred dollars per month each; and also for any such year at least one additional deputy in each voting precinct in the county, who shall be a qualified elector of such precinct, for the purpose of registering electors; such additional deputies shall be paid five cents per name for each elector legally registered by them in the same manner as other county claims are paid; and provided, further, that if no help is allowed to county clerks under the direct primary law, the county clerk in counties of this class, in such years as a general state direct primary election is held, shall be and he is hereby allowed the following additional help: Fifteen clerks for a period of and not exceeding two months immediately next preceding the direct primary election day, whose salaries are hereby fixed at one hundred dollars per month each; and provided, further, that in the event of a special election being held throughout the county, the county clerk is allowed fifteen additional deputies for a period of one month immediately preceding the day of such election, at a compensation of one hundred dollars per month each; such clerks shall be appointed by the county clerk of said county, and during their respective periods of employment their salaries shall be paid by such county in equal monthly installments, at the same time and in the same manner and out of the same fund as is the salary of the county clerk of such county; provided, further, any provision of law to the contrary notwithstanding, that in the event the departments of the superior court in counties of the third class are increased to more than six, that at the time of such increase there is allowed the county clerk to be appointed by such clerk an extra deputy to act as courtroom clerk for each department of said superior court so created in excess of the six departments now existing, the salaries of such deputies to be one thousand six hundred twenty dollars per annum each, to be paid by the county in equal monthly installments at the same time and in the same manner and out of the same fund as is the salary of the county clerk of such county.

2. The sheriff, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the sheriff, one undersheriff, whose salary is hereby fixed at the sum of two thousand four hundred dollars per annum; two deputies, whose salaries are hereby fixed at the sum of one thousand eight hundred dollars per annum each; twenty-four deputies, whose salaries are hereby fixed at the sum of one thousand six hundred twenty dollars per annum each; two engineers for the jail, whose salaries are hereby fixed at the sum of one thousand six hundred twenty dollars per annum each; one matron for the jail, whose salary is hereby fixed at one thousand twenty dollars per annum; one assistant matron, for a period not to exceed two weeks in any one year and to serve only during the vacation of the matron, at a salary of forty-two and one-half dollars for such two weeks; provided, further, that the undersheriff, all deputies, matron, assistant matron and engineers herein provided for shall be appointed by the sheriff and their salaries shall be paid by the said county in equal monthly installments, at the same time, and in the same manner and out of the same fund as the salary of the sheriff; the sheriff shall also receive the amount of money necessarily expended by him in serving all process and notices and all expenses necessarily incurred by him in the pursuit of criminals and the same shall be a charge against the county and allowed as such by the board of supervisors and paid as other county charges are paid; provided, further, any provision of law to the contrary notwithstanding, that in the event the departments of the superior court in counties of the third class are increased to more than six, that at the time of such increase there is allowed the sheriff to be appointed by him an extra deputy to act as bailiff for each department of said superior court so created in excess of the six departments now existing, the salaries of such deputies to be one thousand six hundred twenty dollars per annum each, to be paid by the county in equal monthly installments at the same time and in the same manner and out of the same fund as is the salary of the sheriff of such county.

3. The recorder, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the recorder the following deputies and copyists who shall be appointed by the recorder of such county and shall be paid salaries and compensations as follows: One chief deputy, whose salary is hereby fixed at the sum of two thousand four hundred dollars per annum; thirteen deputies, whose salaries are hereby fixed at the sum of one thousand five hundred dollars per annum each; one deputy, whose salary is hereby fixed at the sum of one thousand eighty dollars per annum; provided, further, that the salary of the chief deputy and the salaries of the deputies herein provided for shall be paid by said county in equal monthly installments, at the same time and in the same manner and out of the same fund as the salary of the recorder; provided, further, that in counties of this class, the recorder shall be entitled to the actual cost incurred by him for the recording of all papers and documents and records in his office not to exceed six and threefourths cents per folio for longhand recording and not to exceed four and one-half cents per folio for typewritten recording for each paper or document so recorded; and provided, further, that said recorder shall file monthly with the county auditor a sworn statement showing in detail the persons, and the amount paid to each for such recording.

4. The auditor, four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the auditor, one chief deputy, whose salary is hereby fixed at the sum of two thousand four hundred dollars per annum; six deputies, whose salaries are hereby fixed at the sum of one thousand six hundred twenty dollars per annum each; one deputy, whose salary is hereby fixed at the sum of one thousand two hundred dollars per annum and such additional assistance as the auditor may appoint and whose compensation shall not in the aggregate exceed the sum of two thousand five hundred dollars per annum; and provided, that the auditor shall file with the county clerk a sworn statement showing in detail the amounts paid and the persons to whom said compensation is paid for such extra assistance as aforesaid; provided, further, that the chief deputy and deputies shall be appointed by the auditor of said county and their salaries shall be paid by the said county in equal monthly installments, at the same time and in the same manner and out of the same funds as is the salary of the auditor.

5. The treasurer, six thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the treasurer, one chief deputy, whose salary is hereby fixed at the sum of two thousand four hundred dollars per annum; one deputy, whose salary is hereby fixed at the sum of two thousand one hundred dollars per annum; two deputies, whose salaries are ḥereby fixed at the sum of one thousand eight hundred dollars per annum each, which sums shall be paid by said county in equal monthly installments at the same time and in the same manner and out of the same fund as is the salary of the treasurer; provided, that the chief deputy and the three deputies herein provided for shall be appointed by the treasurer of said county; and provided, further, that all commissions and fees required or permitted by any law of this state, or of the United States, to be collected by the treasurer either as an officer or ex officio officer, his deputies or assistants, for the performance of any official duty, shall be collected for the benefit of the county and shall be paid into the salary fund of the county monthly.

6. The tax-collector, four thousand dollars per annum; provided, that in counties of this class there shall be, and there hereby is, allowed to the tax-collector one chief deputy, whose salary is hereby fixed at two thousand four hundred dollars per annum; two deputies, whose salaries are hereby fixed at the sum of one thousand eight hundred dollars per annum each; eight deputies, whose salaries are hereby fixed at the sum of one thousand five hundred dollars per annum each; one deputy to be desi ated as the land agent whose salary is hereby fixed at the sum of one thousand six hundred twenty dollars per annum; provided, further, that there shall be, and there hereby is allowed to the tax-collector three extra deputies for a period not to exceed eight months in any one year, at a salary of one hundred dollars per month each; six extra deputies for a period not to exceed five months in any one year, at a salary of one hundred dollars per month each; six extra deputies for a period not to exceed four months in any one year, at a salary of one hundred dollars per month each; provided, further, that in counties of this class the tax-collector shall appoint six persons to be known as indexers, which office is hereby created, and whose duties it shall be under the supervision and direction of the tax-collector to compile, make out, and complete an index of the assessment rolls of the county, and of the sanitary assessment rolls for each sanitary district in counties of this class, yearly commencing with the year nineteen hundred nine, as soon as the said rolls are completed by the assessor of the county and each assessor of said sanitary districts and for each year thereafter. The said indexes to be a public record for use of the tax-collector and the general public and to be kept in the office of the tax-collector during the collection of taxes and to be turned over to the auditor at the same time as the assessment rolls are turned over in the final settlement of the tax-collector with the county auditor. Such indexers shall be paid a salary of one hundred dollars per month each, payable at the same time and in the same manner as other county officers are paid, but such indexers shall not be employed to exceed four months in any one year; provided, further, that the chief deputy and all other deputies herein provided for shall be appointed by the tax-collector of said county, and the salaries of said chief deputy and all other deputies herein

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