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sand nine hundred ten as follows: Townships having a population of three thousand and more shall belong to and be known as townships of the first class; townships having a population of two thousand five hundred and less than three thousand shall belong to and be known as townships of the second class; townships having a popu lation of one thousand eight hundred and less than two thousand five hundred shall belong to and be known as townships of the third class; townships having a population of one thousand four hundred twenty-five and less than one thousand four hundred fifty shall belong to and be known as townships of the fourth class; townships having a population of one thousand four hundred fifty and less than one thousand eight hundred shall belong to and be known as townships of the fifth class, and townships having a population of less than one thousand four hundred twenty-five shall belong to and be known as townships of the sixth class.

14. Justices of the peace shall receive the following salaries, which shall be paid monthly, in the same manner as the salaries of county officers are paid, out of the general fund of the county and which shall be in full for all services rendered by them in criminal cases, to wit: In townships of the first class, one hundred ten dollars per month; in townships of the second class, ninety dollars per month; in townships of the third class, seventy-five dollars per month; in townships of the fourth class, seventy-five dollars per month; in townships of the fifth class, fifteen dollars per month; and in townships of the sixth class, fifteen dollars per month. In addition to the monthly salaries herein allowed for services in criminal actions, cases and examinations, each justice of the peace may, for his own use, collect the following fees, and no other, in civil actions; provided, that the existing fee bill for the justices of the peace in counties of this class be repealed and the general fee bill of the State of California as provided for justices of the peace in section four thousand three hundred e of the Political Code be substitued therefor.

15. Constables shall receive the following salaries, which shall be paid monthly, in the same manner as the salaries of county officers are paid out of the general fund of the county, and which shall be in full of all services rendered by them in criminal cases, to wit: In townships of the first class, one hundred dollars per month; in townships of the second class, seventy-five dollars per month; in townships of the third class, seventy-five dollars per month; in townships of the fourth class, seventy-five dollars per month; in townships of the fifth class, fifteen dollars per month; and in townships of the sixth class, fifteen dollars per month. In addition to the monthly salaries herein allowed for services in criminal actions, cases and proceedings, each constable shall also be allowed all necessary expenses actually and properly incurred, in arresting and conveying prisoners to court or to prison, and also all necessary expenses actually incurred in the transportation of prisoners from prison to court, and the return of said prisoner to prison; and shall be allowed, also, for each mile actually traveled, both in going and coming in the service of subpoenas, in criminal actions, per mile, ten cents; which said expense and mileage shall be audited and allowed by the board of supervisors as other claims against the county are audited and allowed, and shall be paid out of the county treasury.

[Fees.] In addition to the monthly salaries herein allowed for services in criminal actions and cases, each constable may, for his own use, collect the following fees, and no others, in civil actions:

For serving summons and complaint, for each defendant served, fifty cents.

For each copy of summons for service, when actually made by him, twenty-five cents. For levying writ of attachment or execution, or executing order of arrest, or for the delivery of personal property, one dollar.

For serving writ of attachment or execution on any ship, boat or vessel, three dollars. For keeping personal property, such sum as the court may order; but no more than one dollar and fifty cents per day shall be allowed for a keeper when necessarily employed.

For taking bond or undertaking, fifty cents. 1917 Sup.-19

3717

For copies of writs and other papers, except summons, complaint and subpoenas, per folio, ten cents; provided, that when correct copies are furnished to him for use, no charge shall be made for such copies.

For serving any writ, notice, or order, except summons, complaint and subpoenas, for each person served, fifty cents.

For writing and posting each notice of sale of property, fifty cents.

For furnishing notice for publication, twenty-five cents.

For serving subpoenas, each witness, including copy, twenty-five cents.
For collecting money on execution, one and one-half per cent.

For executing and delivering certificate of sale, fifty cents.

For executing and delivering constable's deed, one dollar and fifty cents.

For each mile actually traveled within his township in the service of any writ, order, or paper, in civil actions, in going only, per mile, twenty-five cents.

For traveling outside of his township to serve such writ, order, or paper, in civil actions, in going only, twenty-five cents per mile; provided, that a constable shall not be required to travel outside of his township to serve any civil process, order, or paper. No constructive mileage shall be charged, allowed, or paid in criminal or civil

cases.

For each day's attendance in court, in civil cases, three dollars per day.

For executing a search warrant, two dollars; and for each mile necessarily traveled within his county in executing a search warrant, both in going and returning from the place of search, fifteen cents; said fee and mileage to be paid by the party demanding the search.

For summoning a jury, in civil cases, two dollars, including mileage.

For commissions for receiving and paying over money on execution without levy, or when the goods or land levied on shall not be sold, one per cent. The fees herein allowed for the levy of an execution, and for making or collecting the money on execution, shall be collected from the judgment debtor, by virtue of such execution, in the same manner as the sum herein directed to be paid.

16. [When new township formed.] It is expressly provided that in counties of this class, where a township has been created, or may hereafter be created out of any township, the population of which is shown in the federal census of nineteen hundred ten, the population of the newly created township and the population of the township from which the newly created township was taken shall be separately ascertained and determined by the board of supervisors in the following manner: By appointing a suitable person in each of such townships to take said census, and said census shall be taken by said person so appointed of all the inhabitants of each of said townships; the full name of each person shall be fully written, the names alphabetically and regularly numbered in one complete series, and when completed shall be verified before any officer authorized to administer oaths, and be filed with the county clerk, and thereupon the same shall be the official census of said township or townships. The expense of taking said census shall be a county charge. From the taking of such census the salary of the justices of the peace and of the constables of the newly created township, and the township from which the newly created township was taken, shall be estimated and paid on the basis of the classification hereinbefore given under the federal census of nineteen hundred ten pro rata according to the population of the newly created and former township as shown by the census taken as herein before provided to be ascertained and determined by the board of supervisors.

[Payment of fees.] County officers must, and township officers may, demand the payment of all fees in advance. Justices of the peace shall, on or before the first Monday of each month, pay into the county treasury all moneys collected by them on fines imposed and collected and all moneys belonging to the county coming from any

source.

17. [Supervisors.] Each member of the board of supervisors, one thousand five hundred dollars per annum and ten cents per mile, one way between residence and county seat, in attending upon all regular, special or adjourned meetings of the

board of supervisors; provided, that the chairman of the board of supervisors may receive twenty-five cents per mile, one way, between residence and the county seat, when attending at the county seat for the single purpose of counting the money in the county treasury as required by law.

History: Original section, providing that district attorney shall be legal adviser to supervisors, enacted March 12, 1872; repealed and present section enacted March 18, 1907, Stats. and Amdts. 1907, p. 497, Kerr's Stats, and Amdts. 1906-7, p. 335; amended March 15, 1909, Stats. and Amdts. 1909, p. 380; February 28, 1911, Stats. and Amdts. 1911, p. 197, and again amended on April 29, 1911, Stats. and Amdts. 1911, p. 1230 (which amendment is given in Biennial Supplement 1911 and Cumulative Supplement 1906-1913 as § 4257[a]); amendment approved April 10, 1915, does not indicate whether it was the Act of February 28, or April 29, 1911, which was intended to be amended, Stats. and Amdts. 1915, p. 31; May 28, 1917, Stats. and Amdts. 1917, p. 1016. In effect July 27, 1917.

ARTICLE XXIX.

COUNTIES OF THE TWENTY-NINTH CLASS.

§ 4258. SALARIES AND FEES OF OFFICERS OF. In counties of the twenty-ninth class, the county 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 five hundred dollars per annum and such fees as are now or may be hereafter allowed by law; provided, that in counties of this class there shall be and there is hereby allowed to the county clerk, one clerk, which office is hereby created, at a salary of one hundred dollars per month and who shall be appointed by the county clerk. The salary of said clerk herein provided for shall be paid by said county in monthly installments at the same time, and in the same manner and out of the same fund as the salary of the county clerk is paid. 2. The sheriff, six thousand dollars per annum.

3. The recorder, three thousand five hundred dollars per annum.

4. The auditor, two thousand four hundred dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed to the auditor one clerk, which office is hereby created, at a salary of seventy-five dollars per month, and who shall be appointed by the auditor. The salary of said clerk herein provided for shall be paid by said county in monthly installments at the same time and in the same manner and out of the same fund as the salary of the auditor is paid.

5. The treasurer, two thousand four hundred dollars per annum.

6. The tax-collector, two thousand dollars per annum; provided, he shall have power to appoint one deputy at a salary of seventy-five dollars per month, payable at the same time and in the same manner as that of other county officers; and provided, further, that in counties of this class all the fees and commissions of every name and nature received by the tax-collector shall be paid into the county treasury.

7. The assessor, four thousand dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed to the assessor one clerk, which office is hereby created, at a salary of one hundred dollars per month, and who shall be appointed by the assessor. The salary of said clerk herein provided for shall be paid by said county in monthly installments at the same time, and in the same manner, and out of the same fund as the salary of the assessor is paid. The assessor may also appoint five field clerks, which offices of field clerk are hereby created, to serve not exceeding sixty days in any one year, and said field clerks shall receive as compensation for all services performed as such, the sum of five dollars per day for each day actually and necessarily employed as such, to be paid out of the county treasury in the same manner, at the same time and out of the same fund as the salaries of the county officers are paid; provided, that each field deputy, when so

employed, shall file with the auditor a statement verified by the oath of such field deputy and approved by the assessor, showing the number of days actually and necessarily employed in the duties of such employment during the period covered by said statement, before any warrant for the payment of such compensation shall be drawn by the auditor. All commissions, fees or compensation for the collection of taxes on personal property, for services in making out the roll of persons subject to military duty, and all other fees and commissions shall be collected by the assessor and by him paid into the county treasury and no part shall be retained by him as part of his compensation.

8. The district attorney, two thousand four hundred dollars per annum, and he is hereby allowed in addition thereto one clerk to be appointed by him, who shall receive nine hundred dollars per annum, said salary to be paid in the same manner, at the same time, and out of the same fund as the salaries of other county officers are paid.

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 hereafter be allowed by law.

11. The superintendent of schools, two thousand one hundred dollars per annum and actual traveling expenses when visiting schools of his county, and such per diem as he may be now or hereafter allowed by law for his services on the board of education; provided, that in counties of this class there is allowed to the superintendent of schools one clerk, which office of clerk is hereby created, at a salary of seventy-five dollars per month, and who shall be appointed by the superintendent of schools. The salary of said clerk is to be paid at the same time, in the same manner, and out of the same fund as the salaries of the other county officers are paid.

12. The county surveyor, two thousand seven hundred fifty dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the surveyor one deputy, who shall be appointed by the surveyor of said county, and shall be paid a salary of one thousand five hundred dollars per annum; the salary of such surveyor 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 the salaries of other county officers are paid. The county surveyor shall make all maps, plats and block books required by the county assessor; he shall do all work for the county in which the county employs a surveyor or civil engineer; he shall have general advisory supervision over all road and bridge work for the county and shall file annually with the board of supervisors a statement, which shall be published as a part of the proceedings of said board, showing the cost of all new road and bridge construction in the county, also the cost per mile of maintaining the different roads of the county for the preceding fiscal year; and provided, further, that when in the judgment of the board of supervisors of the county it is necessary to employ additional assistants for the performance of any of said work, the board of supervisors shall allow the necessary actual expense thereof; and provided, further, that said county surveyor shall be allowed all necessary transportation and expenses incurred by himself or deputies for work performed in the field; the salary of the deputy herein provided for shall be paid by said county in monthly installments at the same time and in the same manner and out of the same fund as other county officers are paid. The salary herein fixed for said surveyor shall be in lieu of all fees, commissions or compensation of whatsoever kind or nature for services performed by said surveyor for said county. All acts or parts of acts relative to such fees, commissions or compensation for work performed for counties of this class by such county surveyor are hereby repealed.

13. Justices of the peace shall receive 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 in both civil and criminal cases: In townships where the population is three thousand five hundred, or more, seventy-five dollars per month, and said justice of the peace shall be furnished with offices and necessary supplies by the board of supervisors of said county; in townships where the population is two thousand five hundred, or more, and less than three thousand five hundred, fifty dollars

per month; in townships where the population is one thousand five hundred, or more, and less than two thousand five hundred, thirty-five dollars per month; in townships where the population is one thousand, or more, and less than one thousand five hundred, twenty-five dollars per month; in townships where the population is less than one thousand, fifteen dollars per month; provided, that all fees and fines chargeable and collectible by justices of the peace in civil and criminal cases for services rendered by them shall be collected by them and by them paid monthly into the county treasury; provided, further, that for the purpose of this subdivision, the population of the several townships shall be ascertained by the board of supervisors, by multiplying the number of registered voters at the last general election of each township by three.

14. Constables, in townships having a population of two thousand, or more, shall receive a monthly salary of fifty dollars per month; in townships having a popula tion of one thousand or less than two thousand, shall receive a salary of forty dollars per month and in townships having a population of less than one thousand shall receive a salary of twenty dollars per month. Constables shall also receive actual traveling expenses in transporting prisoners to the county jail. The salaries of township officers, herein provided for, shall be paid monthly, in the same manner as the salaries of the county officers are paid, and shall be in full compensation for all services rendered by them in criminal cases.

15. [Supervisors.] The meetings of the board of supervisors shall be monthly and shall be held on the first Monday of each and every month. Each member of the board of supervisors is to receive a salary of one thousand two hundred dollars per annum and mileage at the rate of twenty cents per mile from his home to and from county seat.

16. [Fees of jurors.] Grand jurors and trial jurors in the superior court shall receive from each day's attendance per day the sum of three dollars. In justices' courts in civil and criminal cases, the jurors sworn to try the case shall receive for each day's attendance per day the sum of two dollars. All jurors shall receive for each mile actually and necessarily traveled from his residence to the place of service the sum of fifteen cents per mile; provided, that in justice courts mileage shall be allowed only to those sworn to try the case.

History: Former section, providing that district attorney must not act as attorney for claims against his own county, enacted March 12, 1872; repealed and present section enacted March 18, 1907, Stats. and Amdts. 1907, p. 499, Kerr's Stats. and Amdts. 1906-7, p. 338; amended March 13, 1909, Stats. and Amdts. 1909, p. 304; February 28, 1911, Stats. and Amdts. 1911, p. 201 (latter amendment given in Biennial Supplement 1911 and Cumulative Supplement 1906-1913 as § 4258[a]); amendment approved June 9, 1915, fails to indicate whether it was the Act of February 28, or April 6, 1911, intended to be amended, Stats. and Amdts. 1915, p. 1334; May 28, 1917, Stats. and Amdts. 1917, p. 1013. In effect July 27, 1917.

ARTICLE XXX.

COUNTIES OF THE THIRTIETH CLASS.

§ 4259. SALARIES AND FEES OF OFFICERS OF. In counties of the thirtieth 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, two thousand five hundred dollars per annum; provided, that in counties of this class there shall be, and there hereby is, allowed to the county clerk the following deputies, who shall be appointed by the county clerk and who shall be paid salaries as follows: One chief deputy clerk, at a salary of one hundred twenty-five dollars per month, one deputy clerk at a salary of one hundred dollars per month, and one stenographer at a salary of seventy-five dollars per month. The salaries of the deputies hereinabove provided for shall be paid by the county in monthly installments, at the time and in the manner, and out of the same fund as the salaries of other

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