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(2) In townships having a population of five thousand and less than twenty thousand, constables shall each receive the sum of seventy-seven dollars and fifty cents per month as a salary for all services rendered by them in criminal cases. As compensation for all services rendered by them in civil cases and in all other matters wherein they may charge fees for their services, a constable may collect and retain for his own use as his compensation such fees as are now or may hereafter be allowed by law.

(3) In townships having a population of four thousand four hundred and less than five thousand, constables shall each receive the sum of seventy-seven dollars and fifty cents per month as a salary for all services rendered by them in criminal cases, civil cases and in the performance of all other duties imposed upon them by law. All fees chargeable and collectible in both criminal cases, civil cases, and in all other cases wherein fees are chargeable by constables, they shall collect in advance and pay monthly into the county treasury.

(4) In townships having a population of two thousand five hundred and less than four thousand four hundred, constables shall each receive the sum of sixty dollars per month as a salary for all services rendered by them in both civil and criminal cases. All fees collected by them in civil and criminal cases shall be paid monthly by them into the county treasury. For all services performed by them, they may charge and retain for their own use such fees as are chargeable at law,

(5) In townships having a population of two thousand two hundred fifty and less than two thousand five hundred, constables shall each receive the sum of sixty dollars per month as salary for all services rendered in both civil and criminal cases. All fees collected by them shall be paid monthly by them into the county treasury.

(6) In townships having a population of one thousand and less than two thousand two hundred fifty, constables shall each receive the sum of forty dollars per month as salary for all services rendered in criminal cases. All fees collected by them in criminal cases shall be paid monthly by them into the county treasury. For all other services performed by them they may charge and collect for their own use such fees as are allowed by law.

(7) In townships having a population of less than one thousand, constables shall each receive the sum of thirty dollars per month as a salary for all services rendered by them in criminal cases. All fees collected by them in criminal cases shall be paid monthly into the county treasury. For all other services performed by them they may charge and collect for their own use such fees as are allowed by law. Constables shall be allowed all necessary expenses incurred in conveying prisoners.

[Population of townships.] The population herein referred to in classifying townships for the purpose of regulating the compensation of justices of the peace and constables shall be the population found and determined by the federal census taken in the year 1910; provided, however, that a township census may be taken for the purpose of establishing the official census of such township in the manner hereinafter specified and when so taken, such census shall be known as and shall become the official census of such township in which it is taken and the population therein determined shall be and become the official population of such township. Whenever there shall be presented to the board of supervisors of the county a petition signed by the qualified electors of any township or townships in number equal to twenty-five per cent of the votes cast at the preceding general election, praying that said township or townships may be allowed to take the census of said township or townships for the purpose of ascertaining the population therein contained, the board of supervisors may order such census to be taken by one or more suitable persons appointed therefor by the board of supervisors and such census shall be taken by such persons so appointed, of all of the inhabitants of such township or townships. The full name of each person shall be plainly written, the names alphabetically arranged and regularly numbered in one complete series and when completed, shall be verified by the proper official authorized to administer oaths and be filed with the county clerk and thereupon, the same shall be known and shall be the official census of said township or townships.

17. Each supervisor, two thousand four hundred dollars per annum and mileage of ten cents per mile for each mile actually traveled in going to and from their residence to the county seat or in the performance of the duties required of them by law or by virtue of their office; provided, that in attending sessions of the board only four mileages shall be allowed for each month and that the total mileage allowed shall not exceed five hundred dollars in any one calendar year; provided, that nothing in this subdivision shall be deemed to affect the compensation or mileage of any incumbent supervisor, but said incumbent shall be paid such compensation and allowed such mileage as is now provided and allowed by law.

18. The fees of grand jurors and trial jurors in the superior courts of said counties of the fourth class, in civil and criminal cases shall be three dollars, in lawful money of the United States, for each day's attendance, and mileage to be computed at the rate of fifteen cents per mile for each mile necessarily traveled in attending court, in going only. In criminal cases such fees and mileage of said trial jurors in the superior court shall be paid by the treasurer of the county out of the general fund of said county upon warrants drawn by the county auditor upon the written order of the judge of the court in which said juror was in attendance, and the treasurer of said county shall pay said warrants. The board of supervisors of said county is hereby directed to make suitable appropriation for the payment of the fees herein provided for.

History: Enacted March 18, 1907, Stats, and Amdts. 1907, p. 433, Kerr's Stats. and Amdts. 1906-7, p. 273; amended March 15, 1909, Stats. and Amdts. 1909, p. 373; February 28, 1911, Stats, and Amdts. 1911, p. 121, again amended on May 1, 1911 (given in Biennial Supplement 1911, as $ 4233[a]); the Act of May 1, 1911, was amended June 16, 1913, Stats. and Amdts. 1913, p. 1218; amended May 24, 1915, Stats. and Amdts. 1915, p. 790; May 28, 1917, Stats, and Amdts. 1917, p. 1260.

In effect July 27, 1917. 1. Construction. The circumstance that ernment of the United States of America in section 4233 of the Political Code, which all matters pertaining to the naturalization fixes the compensation of county officers of of aliens," was not an expression of the counties of the fourth class (Santa Clara), legislative will that the county clerk of at one time declared that the county clerks every other county in the state might retain of counties of that class must pay into the fees collected in naturalization proceedings treasury all fees received by him in his offi. for his personal use or benefit.—County of cial capacity from whatever source derived, Alameda v. Cook, 32 Cal. App. 175, 162 Pac. and that such section was amended in 1911 405. to read "including fees allowed by the gov

ARTICLE V.

COUNTIES OF THE FIFTH CLASS.

§ 4234. SALARIES AND FEES OF OFFICERS OF. In counties of the fifth class the county officers shall receive as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit:

1. The county clerk, three thousand four hundred dollars per annum; he shall have one deputy at a salary of two thousand dollars per annum, one deputy at a salary of one thousand eight hundred dollars per annum; six deputies at a salary of one thousand five hundred dollars per annum each; three deputies at a salary of one thousand two hundred dollars per annum each, one of whom shall be a competent stenographer. He shall also have two additional deputies for a period of not to exceed ten months during each and every even-numbered year, at a salary of eighty dollars per month each during their said employment and four copyists for a period not to exceed six months during each and every even-numbered year, such copyists to receive a salary of sixty dollars per month during their said employment and also for any such evennumbered years shall appoint such deputies in the county as are necessary for the purpose of registering electors, such deputies to receive five cents per name for each elector legally registered by them. The county clerk shall pay into the county treasury at the close of each month all fees received by him during the month, accompanied by a statement of sources from whence received.

2. The sheriff, six thousand dollars per annum and all fees for the service of process issued without his county. He shall have an undersheriff at a salary of one thousand eight hundred dollars per annum; one field deputy at a salary of one thousand eight hundred dollars per annum, and two field deputies at a salary of one thousand five hundred dollars per annum each; one office deputy who shall have charge of the records made under the Bertillon system and who shall act as photographer and who shall receive a salary of one thousand five hundred dollars per annum; five deputies whose salaries shall be one thousand two hundred dollars per annum each; a stenographer at a salary of one thousand two hundred dollars per annum; and a jailer at a salary of one thousand five hundred dollars per annum. The sheriff shall pay into the county treasury all sums received by him for service of processes issued within the county.

3. The recorder, two thousand seven hundred dollars per annum up to and until the first Monday in January, 1919, after which time he shall receive a salary of three thousand dollars per annum. He shall have two deputies at a salary of one thousand eight hundred dollars each per annum and two deputies at salaries of one thousand five hundred dollars each per annum; a statistician for compiling the vital statistics of the county at a salary of one thousand five hundred dollars per annum and an abstract clerk at a salary of one thousand five hundred dollars per annum; and one deputy for not to exceed six months in each year at a salary of one hundred dollars per month. The recorder shall have such copyists as are necessary to perform the duties of the office at a compensation of six cents per folio.

4. The auditor, two thousand seven hundred dollars per annum up to and until the first Monday in January, 1919, after which time he shall receive a salary of three thousand dollars per annum. He shall have one deputy at a salary of one thousand eight hundred dollars per annum and one deputy at a salary of one thousand five hundred dollars per annum; a redemption clerk at a salary of one thousand five hun. dred dollars per annum; an additional deputy to act as bookkeeper at a salary of one thousand five hundred dollars per annum and three deputies for not to exceed one hundred twenty days in each year at a salary of four dollars per day each who shall make segregation of road district values and perform such other service as required by law.

5. The treasurer, two thousand seven hundred dollars per annum up to and until the first Monday in January, 1919, after which time he shall receive a salary of three thousand dollars per annum. He shall have one deputy at a salary of one thousand eight hundred dollars per annum, one additional deputy who shall act as bookkeeper at a salary of one thousand five hundred dollars per annum, and one deputy at a salary of one thousand two hundred dollars per annum.

6. The tax-collector, two thousand seven hundred dollars per annum up to and until the first Monday in January, 1919, after which time he shall receive three thousand dollars per annum. He shall have one deputy who shall act as cashier at a salary of one thousand eight hundred dollars per annum; one deputy who shall act as assistant cashier and tax sale clerk at a salary of one thousand eight hundred dollars per annum; one deputy at a salary of one thousand five hundred dollars per annum; one deputy at a salary of one thousand two hundred dollars per annum; one deputy who shall act as bookkeeper at a salary of one thousand eight hundred dollars per annum; and one deputy who shall act as stenographer and assistant bookkeeper at a salary of one thousand two hundred dollars per annum, and eight additional deputies for not to exceed three months in each year at salaries of one hundred dollars per month each.

7. The assessor shall receive four thousand dollars per annum for all services rendered as assessor. He shall have one deputy at a salary of one thousand eight hundred dollars per annum; one draughtsman at a salary of one thousand five hundred dollars per annum and one real estate transfer deputy at a salary of one thousand two hun. dred dollars per annum. He shall also have one stenographer at a salary of nine hundred dollars per annum. He shall also have three field deputies for a period not to exceed three months each year at salaries of six dollars per day each when actually employed; twenty-two field deputies for a period not to exceed three months each year at salaries of five dollars per day each when actually employed; eight deputies for a period not to exceed six months each year at salaries of four dollars per day each, and five copyists for a period not to exceed six months each year at salaries of three dollars per day each when actually employed. All sums collected by the assessor or his deputies as personal property taxes shall be paid into the county treasury monthly as collected, with a statement of account of such collections.

8. [Jurors.] In counties of this class grand and trial jurors shall receive three dollars per day while engaged in the performance of the duties required of them, and in addition thereto shall receive the mileage now allowed by law.

9. The district attorney, three thousand six hundred dollars per annum. He shall have one assistant at a salary of two thousand four hundred dollars per annum; two deputies at salaries of one thousand eight hundred dollars per annum each; one deputy at a salary of one thousand five hundred dollars per annum; a detective at a salary of one hundred ten dollars per month; one stenographer at a salary of one hundred dollars per month and one stenographer at a salary of eighty-five dollars per month. Neither of these stenographers shall receive other compensation for reason of services as stenographic reporter in any action or proceeding wherein the fee or per diem of the stenographic reporter constitutes a charge against the county.

10. The coroner, such fees as are now or may hereafter be allowed by law.

11. The public administrator, such fees as are now or may hereafter be allowed by law.

12. Superintendent of schools, two thousand seven hundred dollars per annum up to and including the first Monday in January, 1919, after which time he shall receive a salary of three thousand dollars per annum. He shall have three supervising assistants at salaries of one thousand eight hundred dollars per annum each; one deputy at a salary of one thousand eight hundred dollars per annum; one deputy at a salary of one thousand five hundred dollars per annum and one stenographer at a salary of nine hundred dollars per annum. The superintendent and his supervising assistants shall be allowed their actual traveling expenses incurred while visiting schools in the county.

13. The surveyor, two thousand dollars per annum up to and until the first Monday in January, 1919, after which time he shall receive a salary of three thousand dollars per annum in full compensation for all services as county surveyor, as road viewer or inspector, and shall receive his actual and necessary expenses when at work in the field. He shall have one field deputy at a salary of one thousand eight hundred dollars per annum; one deputy at a salary of one thousand five hundred dollars per annum. After the first Monday in January, 1919, the surveyor and his deputies shall devote their entire time and service to the work of the county, and are prohibited from engaging in private surveying and engineering work, and shall do all surveying and engineering work for the county, including the preparation of plans and specifications for the construction of bridges.

14. [Population of townships.] The registered population of the several judicial townships of this county is hereby determined to be the registered votes as shown by the great register of the county in the office of the county clerk January first, one thousand nine hundred fifteen, as follows, to wit: Judicial township No. 1....

814 Judicial township No. 2...

2,205 Judicial township No. 3....

...17,730 Judicial township No. 4..

2,058 Judicial township No.

2,171 Judicial township No. 6.

2,841 Judicial township No. 7..

1,931 Judicial township No. 8....

1,807 Judicial township No. 9......

858 Judicial township No. 10..

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863

...........

Judicial township No. 11....

1,219 Judicial township No. 12....

277 Judicial township No. 13....

683 Judicial township No. 14....

679 Judicial township No. 15.........

........ 1,021 [Classification of townships.] And for the purpose of regulating the compensation of the constables and justices of the peace, townships of this class of counties are hereby classified as follows: Townships having a registered voting population of ten thousand and more shall belong to and be known as townships of the first class; townships having a like population of one thousand four hundred fifty and less than ten thousand shall belong to and be known as townships of the second class; townships having a like population of six hundred and less than one thousand four hundred fifty shall belong to and be known as townships of the third class; townships having a like population of less than six hundred shall belong to and be known as townships of the fourth class.

15. Justices of the peace, and persons now performing the duties of justices of the peace, shall receive the following monthly salaries, to be paid each month as the county officers are paid, and the same shall be in full compensation for all services rendered and shall include their office rent, except as otherwise provided by law, to wit: In townships of the first class, two hundred dollars; in townships of the second class, eighty-five dollars; in townships of the third class, seventy dollars; in townships of the fourth class, fifty dollars.

Justices of the peace shall pay to the county treasurer once a month all fees and fines collected by them, and shall be responsible for the collection and payment to the county treasurer of all such fees and fines as herein provided.

16. Constables shall receive the following monthly salaries, to be paid each month as the county officers are paid, and to be in full compensation for all services rendered by them in criminal cases, to wit: In townships of the first class, one hundred dollars; in townships of the second class, seventy-five dollars; in townships of the third class, sixty dollars; in townships of the fourth class, fifty dollars.

In addition to the monthly salaries above provided, each constable may receive and retain for his own use such fees as are now or may hereafter be allowed by law for all services rendered by him in civil cases, and shall also be allowed all necessary expenses actually incurred in arresting and conveying prisoners to court or prison, which expenses shall be audited by the board of supervisors and paid out of the county treasury.

17. The supervisors shall receive each the sum of one thousand eight hundred dollars per annum, payable monthly in installments of one hundred fifty dollars per month, in full compensation for all services rendered, either as supervisors or road overseers.

18. [Monthly payment.] The salaries of all county and township officers and their deputies shall be payable in installments monthly on the first day of each month,

19. [Salaries for all services.] Beginning with the first Monday in January, 1919, officers of the counties of the fifth class shall receive for all services required of them by law only such salaries as are herein provided, and beginning with, and after the first Monday in January, 1919, all county officers of the fifth class shall pay over to the county treasurer, at the close of each and every month, all fees and commissions heretofore retained by them together with a statement of sources from whence received.

History: Former section, making it the duty of the recorder to procure record books, repealed and present section enacted March 18, 1907, Stats, and Amdts. 1907, p. 439, Kerr's Stats, and Amdts. 1906-7, p. 280; amended March 20, 1909, Stats. and Amdts. 1909, p. 568; February 28, 1911, Stats. and Amdts. 1911, p. 129, amended again on April 5, 1911 (which amendment is given in Biennial Supplement 1911, as § 4234[a]); amended without indication whether the Act of February, 1911, or that of April 5, 1911, was the act intended to be amended by Act approved June 16, 1913, Stats. and Amdts, 1913, p. 1253; May 4, 1915, Stats, and Amdts. 1915, p. 353; May 28, 1917, Stats. and Amdts. 1917, p. 1144. In effect July 27, 1917.

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