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12. [Board of education.] Each member of the board of education shall receive five dollars per day as compensation for his services when in actual attendance on said board, and actual traveling expenses incurred in traveling to and from his home and a meeting place of said board. Said compensation of the members of said board shall be paid out of the same fund as the salaries of county officers are paid. Claims for such services and mileage shall be presented to the board of supervisors and allowed by them in the same manner as other claims against the county are allowed. The compensation of the county board of education herein provided is not in addition to that provided in section one thousand seven hundred seventy of this code.

13. The surveyor, two thousand four hundred dollars per annum, and in addition thereto all necessary expenses incurred in the field in performance of the county work, to be paid by the board of supervisors, and there shall be and there is allowed to the surveyor in addition, one chief deputy, who shall be a competent civil engineer to be appointed by the surveyor, who shall be paid a salary of one thousand five hundred dollars per annum, and also two deputies, who shall be competent draftsmen, to be appointed by the surveyor, who shall be paid a salary of one thousand three hundred fifty dollars per annum, each, and also one assistant draftsman, which office of assistant draftsman is hereby created, who shall be paid a salary of nine hundred sixty dollars per annum, and also one clerk who shall be appointed by the surveyor, which office of clerk is hereby created, who shall be paid a salary of nine hundred dollars per

Said salaries to be paid in monthly installments at the same time and in the same manner and out of the same funds as the salary [salaries] of county officers are paid. All fees and compensation received for outside surveying shall be paid into the county treasury and no part thereof shall be retained as compensation.

14. Justices of the peace, the following monthly salaries to be paid each month as salaries of other county officers are paid, which shall be in full for all services rendered by them in both criminal and civil cases: In townships having a population of eighteen thousand and over, one hundred forty dollars per month; in townships having a population of twelve thousand and less than eighteen thousand, one hundred ten dollars per month; in townships having a population of six thousand and less than twelve thousand, ninety dollars per month; in townships having a population of two thousand four hundred and less than six thousand, seventy dollars per month; in townships having a population of one thousand five hundred and less than two thousand four hundred, sixty dollars per month; in townships having a population of eight hundred and less than one thousand five hundred, fifty-five dollars per month; in townships having a population of five hundred and less than eight hundred, thirty dollars per month; in townships having a population of less than five hundred, ten dollars per month. And the justices of the peace of each township shall charge and collect the fees which are now or may hereafter be allowed by general law, in civil cases, and pay the same monthly to the county treasurer.

15. Constables, the following monthly salaries, to be paid each month as the salaries of county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of ten thousand and more, one hundred dollars per month; in townships having a population of five thousand and less than ten thousand, eighty-five dollars per month; in townships having a population of two thousand five hundred and less than five thousand, seventy-five dollars per month; in townships having a population of one thousand five hundred and less than two thousand five hundred, sixty dollars per month; in townships having a population of eight hundred and less than one thousand five hundred, fifty dollars per month; in townships having a population of five hundred and less than eight hundred, twenty dollars per month; in townships having a population of less than five hundred, ten dollars per month. In addition to the monthly salary allowed herein, 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 performed by him in civil cases.

16. The supervisors, the sum of one hundred twenty-five dollars per month, each, as supervisors and road commissioners and actual traveling expenses not to exceed five hundred dollars for each supervisor in any one year.

17. [Jurors.] The grand jurors and jurors in the superior court in criminal cases shall be paid two dollars and fifty cents per day for each day's attendance, and for each mile actually traveled in going only, while acting as such jurors, fifteen cents, and the judge of said court shall make an order directing the auditor to draw his warrant on the treasury in favor of such jurors for said per diem and mileage and the treasurer shall pay the same.

18. [Population of townships.] The population of townships shall, for the purposes of this section, be determined to be the population of such townships as shown by the federal census taken in the year Anno Domini one thousand nine hundred ten, or by a subsequent census taken as in section four thousand fifty-five of the Political Code, provided; and in case townships are formed after the taking of the census, then the population shall be determined by multiplying the vote for governor cast in such township, at the last preceding election, by four.

History: mer section enacted March 1872, founded on $ 1,
Act April 2, 1866, Stats. 1865-6, p. 813, repealed and present section
enacted March 18, 1907, Stats. and Amdts. 1907, p. 450, Kerr's Stats.
and Amdts. 1906-7, p. 291; amended March 6, 1909, Stats. and Amdts.
1909, p. 142; February 28, 1911, Stats. and Amdts. 1911, p. 143, and
again amended April 29, 1911 (which last amendment is given in
Biennial Supplement 1911, and Cumulative Supplement 1906-1913, as
§ 4237[a], for the reason that there is no repealing clause to either of
the acts, and the two acts being different in their provisions, it is for
the courts and not for an editor to say which Act, and to what extent
is in force); amendment of May 29, 1915, fails in any manner to indi-
cate whether the amendment is to the former Act of February 28, 1911,
or to the Act of April 29, 1911, Stats, and Amdts. 1915, p. 1018; Ma,
1917, Stats. and Amdts. 1917, p. 1113. In effect July 27, 1917.

ARTICLE IX.

COUNTIES OF THE NINTH CLASS.

§ 4238. SALARIES AND FEES OF OFFICERS OF. In counties of the ninth 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, to wit:

1. The county clerk, three thousand six hundred dollars per annum. 2. The sheriff, four thousand five hundred dollars per annum. The sheriff shall also be allowed his actual, reasonable and necessary expenses in all civil and criminal

cases.

3. The recorder, two thousand seven hundred fifty dollars per annum. 4. The auditor, three thousand six hundred dollars per annum. 5. The treasurer, two thousand six hundred dollars per annum. 6. The tax-collector, one thousand nine hundred dollars per annum. The tax-collector shall pay all his own traveling expenses.

7. The assessor, four thousand dollars per annum. The assessor shall also receive his actual, reasonable and necessary expenses while engaged in his official duties in the field.

8. The district attorney, three thousand six hundred dollars per annum.
9. The coroner, such fees as are now or may be hereafter allowed by law.

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

11. The superintendent of schools, three thousand three hundred dollars per annum. The superintendent of schools shall pay all his own traveling expenses when visiting the schools of this county.

12. The surveyor, two thousand four hundred dollars per annum, and actual, reason. able and necessary expenses when engaged in the field or in the office in the discharge of his official duties in the county.

13. Justices of the peace shall receive the following salaries for all services rendered by them, payable in the same manner as county officers are paid, viz: In townships having a population of twenty thousand or more, two hundred fifty dollars per month; in townships having a population of not less than five thousand nor more than twenty thousand, one hundred dollars per month; in townships having a population of not less than three thousand nor more than five thousand, sixty dollars per month; in townships having a population of not less than two thousand nor more than three thousand, forty-five dollars per month; in townships having a population of not less than one thousand four hundred nor more than two thousand, thirty-five dollars per month; in all townships having a population of less than one thousand four hundred, twenty-five dollars per month; provided, that for the purposes of this section the population of the several townships shall be ascertained by multiplying the number of registered voters at the last general election by three and one-half. The compensation herein fixed for justices of the peace shall be in full for all services rendered, and all fees collected by them shall be paid into the county treasury as provided by law; provided, that justices of the peace now holding office shall, during their present term, be entitled to retain for their own use all civil fees. In townships having a population of twenty thousand or more, the justice of the peace shall be allowed a clerk, which position is hereby created. Such clerk shall be appointed by the justice of the peace of said township, and shall hold office during the pleasure of said justice of the peace. Said clerk shall give a bond in the sum of five thousand dollars, with at least two sureties to be approved by a judge of the superior court of the county in which said township is situated, conditioned for the faithful discharge of the duties of the office; and he shall receive an annual salary of one thousand five hundred dollars. The justice's clerk shall keep a record of the proceedings of the said court, and shall issue all process ordered by the court, and shall collect and receive all fines and forfeitures in criminal cases and pay the same to the authorities legally entitled to receive the same, at the time and in the manner provided by law. He shall prepare bonds, justify bail when the amount has been fixed by the court, and shall have authority to administer and certify oaths and take and certify affidavits in any action, suit or proceeding in said justice's court. The clerk shall be in attendance on the court in the courtroom of said justice's court for the dispatch of official business, daily, legal holidays excepted, from the hour of nine o'clock a. m. until five o'clock p. m., and during such reasonable times thereafter as may be necessary for the proper performance of his duty.

14. Constables shall receive the following salaries for all services rendered by them in criminal cases, payable monthly in the same manner as county officers are paid, viz: In townships having a population of fourteen thousand or more, one hundred dollars per month; in townships having a population of not less than five thousand and not more than fourteen thousand, seventy-five dollars per month; in townships having a population of not less than three thousand nor more than five thousand, ifty dollars per month; in townships having a population of not less than two thousand nor more than three thousand, forty-five dollars per month; in townships having a population of not less than one thousand four hundred nor more than two thousand, thirty-five dollars per month. In all townships having a population of less than one thousand four hundred, twenty-five dollars per month. Constables in counties of this class shall also receive for their own use and benefit such fees as are now or may be hereafter allowed by law for mileage in criminal cases and shall also receive such fees as are now or may hereafter be allowed by law in civil cases. Such mileage in criminal cases is intended to cover the ordinary expenses of constables, and other than such mileage, they shall be allowed the following expenses and no other, to wit: In criminal, insane, inebriate and drug habitue cases, the actual, reasonable and necessary cost of transporting prisoners to and from the county jail; of supporting such prisoners while in their custody; of pursuing criminals when a felony has been committed within their township and no warrant has been issued, whether an arrest is made or not; of transporting inebriates, drug habitues and insane persons from the justice's court to the place of detention and from the place of detention to the superior court, and from the superior court to the insane asylum, but no mileage shall be allowed for such transportation to the place of detention, to the superior court, or to the insane asylum.

15. [Supervisors.] Each member of the board of supervisors, twelve hundred dollars per annum, and their necessary expenses when attending to the business of the county, other than the meetings of the board; and fifteen cents a mile in traveling to and from his residence to the county seat; provided, that not more than one mileage at any one term of the board shall be allowed. Each member of said board may be allowed his actual expenses in attending the annual state convention of members of county boards of supervisors; provided, that the total expense of all members attending such convention shall not exceed fifty dollars in any one year.

16. [Bonds.] The bonds of the clerk, sheriff, recorder, auditor, treasurer, tax-collector, assessor, district attorney, coroner, public administrator, superintendent of schools and surveyor, shall be executed with a reliable bond and security company and the cost of said bond, when duly approved, shall be a charge against the county, and payable out of the general fund.

17. [Deputies, etc.] The county clerk shall have one chief deputy, at a salary of two thousand one hundred dollars per annum; three court room deputies at a salary of one thousand five hundred dollars per annum each; three office deputies at a salary of one thousand two hundred dollars per annum each; one judgment clerk at a salary of one thousand five hundred dollars per annum; one deputy who shall act as clerk to the board of supervisors at a salary of one thousand five hundred dollars per annum; and a deputy or deputies not to exceed ten, for the purpose of registering electors or other emergencies, who shall be paid not to exceed three and a half dollars per diem each; also a deputy or deputies, to register electors outside of the county seat, who shall receive a compensation of eight cents for each elector registered, and shall receive no other compensation or expenses. The county recorder, one first assistant at a salary of one thousand eight hundred dollars per annum; one second assistant at a salary of one thousand five hundred dollars per annum; two comparing or indexing clerks at a salary of one thousand two hundred dollars per annum each; two copyists at a salary of one thousand two hundred dollars per annum each; the recorder may, with the consent of the board of supervisors, hire necessary assistance in cases of emergency at a salary not to exceed three dollars and fifty cents per diem each, nor shall the aggregate salaries for such work exceed two thousand four hundred dollars in any one calendar year. The treasurer, one chief deputy at a salary of two thousand four hundred dollars per annum, and 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, and an emergency deputy or deputies, which position is hereby created at a salary of four dollars per diem; which said emergency deputy or deputies shall not receive more than one thousand eight hundred dollars in any one calendar year. The county auditor, one chief 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; the auditor may, with the consent of the board of supervisors, hire necessary assistants for the purpose of extending taxes, and in cases of emergency at a salary not to exceed three and a half dollars per diem each, nor shall the aggregate salaries for such emergency work exceed six hundred dollars in any one calendar year. The district attorney, an assistant district attorney, at a salary of two thousand seven hundred dollars per annum; and two deputies, at a salary of one thousand eight hundred dollars per annum each; and one stenographer at a salary of two thousand one hundred dollars per annum; the superintendent of schools, one deputy at a salary of one thousand two hundred dollars per annum.

The sheriff, an undersheriff, who shall receive a salary of two thousand one hundred dollars per annum; a clerk who shall receive a salary of one thousand five hundred dollars per annum; a stenographer and clerk who shall receive a salary of one thousand two hundred dollars per annum; three deputy sheriffs, who shall receive a salary of one thousand two hundred dollars per annum each; three bailiffs or courtroom deputies, who shall receive a salary of one thousand two hundred dollars per annum each; and one motor boat deputy, which office is hereby created, who shall receive a salary of one hundred dollars per month; two speed cop

annum.

deputies, which office is hereby created, who shall furnish and maintain at their own expense the motorcycle for their use, and whose salary and expense for the purpose herein named shall be one hundred thirty-five dollars per month; two jailers who shall receive a salary of one thousand two hundred dollars per annum each; one deputy sheriff for emergencies and as a guard for the working prisoners, who shall receive a salary of one thousand two hundred dollars per annum; and a deputy sheriff for the purpose of serving papers and other emergencies who shall be paid not to exceed three and a half dollars per diem. The county surveyor, one chief deputy, which position is hereby created, who shall be paid a salary of one thousand eight hundred dollars per

The coroner, one deputy, which position is hereby created, who shall be paid by the coroner out of his fees. The county assessor shall have one chief deputy at a salary of two thousand one hundred dollars per annum; one draftsman at a salary of one thousand eight hundred dollars per annum; one stenographer and copyist at a salary of nine hundred dollars per annum; one office deputy to serve not to exceed two hundred four days in each year at a salary of four dollars per diem; one platter to serve not to exceed one hundred four days in each year at a salary of four dollars per diem; two office deputies for preparing assessment rolls to serve not to exceed one hundred days each in any one year at a salary of four dollars per diem each; one ofice deputy for preparing assessment rolls to serve not to exceed one hundred four days in any one year at a salary of four dollars per diem; one copyist to serve not to exceed forty-three days in any one year at a salary of four dollars per diem; fifteen field deputies to serve not to exceed eighty days each in any one year at a salary of four dollars per diem each; one office deputy for preparing assessment rolls to serve not to exceed one hundred four days in any one year at a salary of four dollars per diem; one copyist to serve not to exceed forty-three days in any one year at a salary of four dollars per diem; fifteen field deputies to serve not to exceed eighty days each in any one year at a salary of four dollars per diem each; and an emergency deputy or deputies, which position is hereby created at a salary of four dollars per diem, which said emergency deputy or deputies shall not receive more than four hundred dollars in any one calendar year; all the deputies, assistants, emergency help and clerks herein mentioned shall be paid at the time and in the same manner that the principals are paid, and they shall be paid from the salary fund.

18. [Salaries full compensation.] The salaries, fees, mileage and commissions herein provided shall be in full for all official services performed. No county, district or township officer shall receive from the county any salary, compensation, fees, commission or mileage, except as in this section provided.

[Fees, etc., paid into county treasury.] All compensation, commissions, fees and mileage now or hereafter provided by law to be paid to any county, district or township officer for any official service, except as in this section otherwise provided, shall be paid into the county treasury to the credit of the general fund, unless some other fund is specially designated by law. All compensations, fees, commissions and mileage, except as in this section otherwise provided, received by any county, district or township officer, either as such officer, or as the agent of the State of California, or of any officer thereof, or as the agent of any political subdivision of the State of California, or of any officer thereof, shall be paid into the county treasury to the credit of the general fund, unless some other fund is specially designated by law. Until such county, district or township officer shall pay into the county treasury all compensation, commissions, fees and mileage as herein required to be paid, he shall receive no salary, and it shall be the duty of the auditor to refuse to deliver to him thereafter a salary warrant, and it shall be the duty of the treasurer to refuse to pay the same.

19. [Jurors.] For attending as a grand juror or as a juror in the superior court, for each day's attendance per day three dollars and fifty cents. For each mile actually traveled in attending court as a juror, in going only, per mile, twenty-five cents.

History: Former section, making it a duty to record decrees of partition, repealed and present section enacted March 18, 1907, Stats. and Amdts. 1907, p. 453, Kerr's Stats. and Amdts. 1906-7, p. 293; amended March 25, 1909, Stats, and Amdts, 1909, p. 768; February 28,

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