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§ 4235.

1. Construction (subd. 1). The fact that this section was amended two days after the approval of the Game License Act, by increasing the compensation and number of deputies of county clerks in the class of

counties to which Sacramento belonged, does not necessitate the conclusion that this increase was designed to pay for the added service required in issuing hunting licenses.

City of Sacramento v. Pfund, 165 Cal. 84, 130 Pac. 1041.

ARTICLE VII.

COUNTIES OF THE SEVENTH CLASS.

$ 4236. SALARIES AND FEES OF OFFICERS OF. In counties of the seventh 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, three thousand six hundred 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 who shall receive a salary of one thousand eight hundred dollars per annum; one registration clerk who shall receive a salary of one thousand six hundred eighty dollars per annum; four court clerks who shall receive salaries of one thousand five hundred dollars each per annum; one deputy who shall receive a salary of one thousand three hundred fifty dollars per annum; one index clerk who shall receive a salary of one thousand two hundred dollars per annum; one stenographer who shall receive a salary of one thousand twenty dollars per annum; two copyists who shall receive salaries of one thousand twenty dollars each per annum; and a deputy or deputies, not to exceed five, for the purpose of registering electors, to be paid not to exceed three dollars per diem each; provided, that said deputies so employed for registering electors shall not be employed except during a year when a general election is to be held throughout the state, and then only between the first day of May and the fifteenth day of November of said year, and not more than one deputy for each precinct for the purpose of registering electors in precincts outside of the corporate limits of municipalities containing twenty-five thousand or more inhabitants during said year of the general election, who shall be paid ten cents per name for each person legally registered by them, the salaries and compensations of each of said deputies and clerks to be paid out of the county treasury in equal monthly installments in the same manner and at the same time as the other county officials are paid.

2. The sheriff, three thousand six hundred 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 one thousand eight hundred dollars per annum, and the following deputies and employees: One deputy who shall be head jailer, and who shall receive the salary of one thousand five hundred dollars per annum; one deputy who shall receive a salary of one thousand two hundred dollars per annum; one deputy who shall receive a salary of nine hundred dollars per annum; two service deputies who shall receive a salary of one thousand five hundred dollars each per annum; five deputies who shall receive salaries of one thousand two hundred dollars each, per annum; one stenographer who shall receive a salary of nine hundred dollars per annum; one bookkeeper who shall receive a salary of one thousand two hundred dollars per annum; six deputies who shall be turnkeys at the jail, whose salaries shall be one thousand twenty dollars each, per annum, but no more turnkeys are to be employed than are absolutely necessary to handle the requirements of the jail; and three deputies who shall be known as country deputies, who shall receive salaries of one thousand two hundred dollars each per annum. In counties of this class there shall be a matron of the county jail, to be appointed by the sheriff, and who, under the direction of the sheriff, shall have charge of all female prisoners in the county jail, and who shall receive a salary of nine hundred dollars per annum, to be paid by the county in monthly installments at the same time, in the same manner, and out of the same fund as is the salary of the sheriff. In counties of this class the sheriff shall be allowed by the board of supervisors his actual necessary expenses for pursuing criminals, or for transacting of criminal business, and his actual necessary expenses for service of all process and notices, and each and all such expenses shall be a charge against the county and allowed by the board of supervisors, and paid as other county charges are paid. In counties of this class the sheriff shall not be allowed to retain for his own use any fees or mileage for the service of any process issued out of any court of this county but such fees and mileage when collected shall be paid into the county treasury.

3. The recorder, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed the recorder the following deputies and copyists who shall be appointed by the recorder of said county, and shall be paid as follows: One chief deputy who shall receive one thousand eight hundred dollars per annum; one index deputy who shall receive a salary of one thousand three hundred fifty dollars per annum; one assistant index clerk who shall receive a salary of one thousand two hundred dollars per annum; one chief filing clerk who shall act as deputy registrar who shall receive a salary of one thousand five hundred dollars per annum; one assistant filing clerk who shall receive a salary of one thousand twenty dollars per annum; one compilation clerk who shall receive a salary of one thousand twenty dollars per annum; and as many copyists as may be required, who shall receive as compensation the sum of five cents per folio for recording all instruments or notices except maps and plats, and for copies of any records, five cents per folio.

4. The auditor, three thousand six hundred dollars per annum; provided, that there is hereby allowed to the auditor the following deputies: One chief deputy who shall receive a salary of one thousand nine hundred fifty dollars per annum; one deputy who shall receive a salary of one thousand six hundred eighty dollars per annum; one deputy who shall receive a salary of one thousand three hundred fifty dollars per annum; one deputy who shall receive a salary of nine hundred dollars per annum; five additional deputies at a salary of four dollars per day each, for each day employed for a period not to exceed one hundred fifty-six days in any one year.

5. The treasurer, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the treasurer, the following deputies, who shall be appointed by the treasurer and shall receive salaries as follows: One deputy who shall receive a salary of two thousand one hundred dollars per annum. The salary of the treasurer hereinabove provided shall be in full compensation for all services rendered, and the fees heretofore chargeable and collected by him for returning to the state the collateral inheritance tax and for the performance of his official duties in connection therewith shall be paid into the county treasury and be the property of said county; and said treasurer shall receive no fees, compensation or commissions of any kind or character for any service rendered by him in connection with said collateral inheritance tax.

6. The tax-collector, three thousand six hundred dollars per annum and such fees as are allowed by law; one chief deputy who shall receive a salary of two thousand one hundred dollars per annum; two deputies who shall receive salaries of one thousand three hundred fifty dollars each, per annum; two deputies who shall receive salaries of one thousand two hundred dollars each, per annum; a stenographer who shall receive a salary of one thousand twenty dollars per annum; nine additional clerks at a salary of four dollars per day each, for each day employed, for a period not to exceed one hundred fifty-six days in any one year.

7. The assessor, three thousand six hundred dollars per annum, and traveling expenses incurred in the discharge of his official duties not exceeding three hundred sixty dollars per annum; provided, that in counties of this class there shall be, and there hereby is allowed to the assessor, one chief deputy who shall receive a salary of one thousand eight hundred dollars per annum; one deputy who shall receive a salary of one thousand six hundred fifty dollars per annum; one deputy who shall receive a salary of one thousand three hundred fifty dollars per annum; two deputies for a period not exceeding six months in any one year at salaries of one hundred dollars per month each; one deputy for a period not exceeding five months in any one year at a salary of one hundred dollars per month; four deputies for a period not exceeding four months in any one year, at salaries of one hundred dollars each per month; one stenographer who shall receive a salary of one thousand twenty dollars per annum; six deputies for a period not exceeding one hundred four days each fourth year, whose per diem shall be four dollars each when actually employed. It is further provided, that in counties of this class the assessor shall receive no commission for his collection of taxes on personal property, nor shall such assessor receive any compensation or commission for the collection of poll taxes, or road poll taxes, nor shall the assessor receive any compensation for making out the military roll of persons returned to him as subject to military duty as provided by section one thousand nine hundred one of the Political Code; provided, however, that fifteen per cent of all moneys collected by him for poll taxes and road poll taxes shall be allowed to such counties on their settlement with the state, and be and remain the property of such counties. It is further provided, that in counties of this class, in addition to the deputies already allowed, there shall be and is hereby allowed to the assessor, eighteen deputies who shall receive salaries of four dollars per day each, five deputies who shall receive salaries of five dollars per day each, and three deputies who shall receive salaries of three dollars per day each for a period not exceeding seventy-eight days in any one year.

8. The district attorney, four thousand dollars per annum; also one assistant district attorney, who shall receive a salary of three thousand dollars per annum; two deputy district attorneys who shall receive salaries of two thousand four hundred dollars each per annum; one deputy district attorney who shall receive a salary of two thousand dollars per annum; one deputy district attorney who shall receive a salary of one thousand eight hundred dollars per annum, and two stenographers who shall receive salaries of one thousand two hundred dollars each, per annum. It is further provided, that in counties of this class the district attorney be and is hereby allowed a detective who shall receive a salary of one thousand six hundred fifty dollars per annum.

9. The superintendent of public schools, two thousand seven hundred fifty dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed the superintendent of public schools one assistant superintendent who shall receive a salary of one thousand five hundred dollars per annum and one bookkeeper who shall receive a salary of one thousand two hundred dollars per annum. In counties of this class the secretary of the county board of education shall not be paid or allowed to receive any compensation whatever for his services as secretary of such board, nor for any services rendered in connection therewith; and provided, further, that in counties of this class, the county school superintendent shall receive his actual and necessary traveling expenses for visiting and examining schools and school properties of the county and in performing such other duties as are incident to the full discharge of the requirements of the office of superintendent of schools, the claims for such expenses to be subject to the approval of the board of supervisors.

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

11. The coroner, one thousand five hundred dollars, and in addition thereto the board of supervisors shall allow the coroner his actual traveling expenses in the performance of his official duties within the county, when called away from the county seat. It is further provided, that in counties of this class there shall be and there is hereby allowed the coroner, one assistant coroner, who shall receive a salary of one thousand two hundred dollars per annum, who shall also act as autopsy surgeon. The sheriff shall act as summoning officer for the coroner and shall serve all processes requested by him.

12. The surveyor, three thousand six hundred dollars per annum, also one ottice deputy who shall receive a salary of one thousand eight hundred dollars per annum; one principal field deputy who shall receive a salary of one thousand eight hundred dollars per annum; one assistant field deputy in the assessor's office who shall receive a salary of one thousand two hundred dollars per annum; one assistant office deputy who shall receive a salary of one thousand eighty dollars per annum; one draftsman who shall receive a salary of nine hundred dollars per annum; two deputies, chiefs of parties, who shall receive salaries of one thousand two hundred dollars each per annum; two instrument men who shall receive salaries of nine hundred sixty dollars each per annum, and such other assistants as may be necessary for field work, who shall receive a compensation of three dollars per diem and expenses, when working in the field.

13. [Classification of townships.] For the purpose of regulating the compensation of the justices of the peace and constables, townships in counties of this class are hereby classified as follows: Townships having a population of thirty thousand or more shall belong to and be known as townships of the first class; townships having a population of twelve thousand and less than thirty thousand shall belong to and be known as townships of the second class; townships having a population of five thousand and less than twelve thousand shall belong to and be known as townships of the third class; townships having a population of one thousand and less than five thousand shall belong to and be known as townships of the fourth class; townships having a population of less than one thousand shall belong to and be known as townships of the fifth class.

The population referred to in classifying townships as above provided for shall be the population found and determined by multiplying the registered vote at the last general election by three, and such population so determined shall be and become the official population of such township for the purpose of this act.

14. [Justices of the peace. In counties of this class justices of the peace shall receive the following compensation, and all such salaries shall be paid monthly in the same manner as the salaries of county officers are paid, viz:

In townships of the first class, three thousand dollars per annum each.
In townships of the second class, one thousand two hundred dollars per annum.
In townships of the third class, six hundred dollars per annum.
In townships of the fourth class, three hundred sixty dollars per annum.
In townships of the fifth class, one hundred twenty dollars per annum.

Such salaries shall be as full compensation for all services rendered by them in both civil and criminal cases. All fees chargeable and collectible by justices of the peace in civil and criminal cases for services rendered by them shall be paid monthly into the county treasury.

In townships of the first class the board of supervisors of counties of this class shall furnish the justices of the peace suitable courtrooms.

In townships of the first class, in counties of this class, there shall be two justices of the peace and the said offices are hereby created. In all other townships in counties of this class there shall be one justice of the peace.

15. [Constables.] In counties of this class constables shall receive the following compensation, and all such salaries shall be paid monthly in the same manner as the salaries of county oficers are paid, viz:

In townships of the first class in all criminal cases in lieu of fees now allowed by law one thousand two hundred dollars per annum.

In townships of the second class in all criminal cases in lieu of fees now allowed by law six hundred dollars per annum.

In townships of the third class in all criminal cases in lieu of fees now allowed by law six hundred dollars per annum.

In townships of the fourth class in all criminal cases in lieu of fees now allowed by law three hundred sixty dollars per annum.

In townships of the fifth class in all criminal cases in lieu of fees now allowed by law two hundred forty dollars per annum.

In all townships in counties of this class the constables shall be allowed in addition to the compensation above set forth all fees in civil cases as are now or may hereafter be allowed by law, and actual traveling expenses only in lieu of mileage for taking prisoners to the county jail. In townships of the first class, in counties of this class the board of supervisors

shall furnish the constables' offices and with necessary and proper furniture for each of said constables.

16. Each member of the board of supervisors, one thousand five hundred dollars per annum and fifteen cents per mile in going from his residence to the county seat at each meeting of the board. Also five hundred dollars per annum each and not more than fifteen cents per mile actually traveled in performing services as road commissioner for actual expenses incurred in such service; provided, that said supervisors shall not in any one year receive more than one thousand dollars each in mileage as road commissioner.

17. [Jurors.] In counties of this class, trial jurors in all criminal cases tried in the superior court and grand jurors shall receive two dollars fifty cents per day for each day's attendance while engaged in the performance of the duties required of them and in addition thereto shall receive for each mile actually traveled in going only, while acting as such juror, twenty-five cents; and the judge of said court shall make an order directing the auditor to draw his warrant on the treasurer in favor of such juror for said per diem and mileage and the treasurer shall pay the same.

18. [Deputies, clerks, etc.) The deputies, clerks, copyists and employees mentioned in this section are hereby allowed to the respective county officers named, who shall appoint the same, and said deputies, clerks, copyists and employees shall be paid by the counties of this class in monthly installments, at the same time, in the same manner and out of the same fund as the salaries of the county officers are paid.

History: Former section, relating to the indices to be kept by the recorder, repealed and present section enacted March 18, 1907, Stats, and Amdts. 1907, p. 447, Kerr's Stats. and Amdts. 1906-7, p. 288; amended March 22, 1909, Stats. and Amdts. 1909, p. 672; February 28, 1911, Stats. and Amdts. 1911, p. 149, and again amended May 1, 1911 (which amendment is given in Biennial Supplement 1911, as $ 4236[a]); amended June 16, 1913, without indication whether amendment was former Act, February 28, 1911, or former Act of May 1, 1911, Stats, and Amdts. 1913, p. 1354; amended May 24, 1915, Stats. and Amdts. 1915, p. 778; May 28, 1917, Stats, and Amdts. 1917, p. 1269. In effect July 27, 1917.

ARTICLE VIII.

COUNTIES OF THE EIGHTH CLASS.

8 4237. SALARIES AND FEES OF OFFICERS OF. In counties of the eighth class, the county and township officers shall receive as compensation for the services required of them by law, or by virtue of their office, the following salaries and shall have as deputies or assistants the respective employees hereinafter named, to wit:

1. The county clerk, two thousand four hundred dollars per annum, and there shall be and there is hereby allowed to the county clerk in addition, one chief deputy, to be appointed by the county clerk, who shall be paid a salary of one thousand five hundred dollars per annum, two additional deputies, who shall be paid the sum of one thousand two hundred dollars per annum each, and one additional deputy who shall be paid the sum of nine hundred dollars per annum; said salaries to be paid by such county in monthly installments at the time and in the manner and out of the same fund as the salaries of county officers are paid. All fees which are now or may hereafter be allowed by law for all services performed by the county clerk shall by him be paid into the county treasury, and no part thereof shall be retained by him as compensation.

2. The sheriff, two thousand four hundred dollars per annum, and there shall be, and there is hereby created the office of jailer; such jailer shall be appointed by the sheriff and shall be paid a salary of one thousand two hundred dollars per annum, and also one chief deputy, to be designated undersheriff, to be appointed by the sheriff, who shall be paid a salary of one thousand five hundred dollars per annum, and also

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