county officers are paid, and which sum shall be in full compensation for all services rendered by them.

In townships of the second class, justices of the peace shall receive seventy-five dollars per month to be paid each month out of the same fund and at the same time as the county officers are paid and which sum shall be in full compensation for all services rendered by them.

16. Constables in counties of this class shall receive the following monthly salaries to be paid each month out of the same fund and at the same time as the county officers are paid, which sum shall be in full compensation for all services rendered by them in criminal cases, the same to include all costs of transportation of all prisoners within the county, to wit: Constables in townships of the first class shall receive a monthly salary of seventy-five dollars per month, and constables of townships of the second class shall receive a monthly salary of sixty dollars per month; provided, further, that when any constable is required to serve a warrant of arrest or any other paper of a criminal case he shall be allowed mileage both going and coming, at the rate of ten cents per mile, but shall not be allowed any sum for any other expenses.

17. [Reporter.] In counties of this class the official reporter of the superior court shall receive, as full compensation for taking notes in civil and criminal cases tried in said court, such fees as are now or may be hereafter provided by law; said compensation for per diem and transcription in criminal cases to be audited and allowed upon a written order of the court, and paid out of the county treasury, and in civil cases to be paid by the party ordering the same, or, when ordered by the judge, by either party, or jointly by both parties, as the court may direct.

18. [Jurors.] In counties of this class, grand jurors and jurors in the superior court in criminal and civil cases shall be paid three dollars per day for each day's attendance, and for each mile actually traveled in attending court as such juror under summons or under order of court, in going only, twenty-five cents; and in criminal cases, the county clerk shall certify to the auditor the number of days [in] attendance and the number of miles traveled by each such juror, and the auditor shall then draw his warrant for the fees and mileage due such juror, and the treasurer shall pay the same.

19. [Witnesses.] In counties of this class, witnesses, when legally required to attend upon the superior court, in criminal cases, shall be paid two dollars per day for each day's actual attendance, and twenty-five cents per mile for each mile actually traveled, in going only; and in criminal cases the county clerk shall certify to the auditor the number of days [in] attendance and the number of miles traveled by each such witness, and the auditor shall then draw his warrant for the fees and mileage due such witness, and the treasurer shall pay the same.

History: Former section, requiring county surveyor to make survey on application made to him, enacted March 12, 1872; repealed and present section enacted March 18, 1907, Stats. and Amdts. 1907, p. 519, Kerr's Stats. and Amdts. 1906-7, p. 357; amended March 10, 1909, Stats. and Amdts. 1909, p. 269; February 28, 1911, Stats. and Amdts. 1911, p. 221; June 12, 1915, Stats. and Amdts. 1915, p. 1521; May 28, 1917, Stats. and Amdts. 1917, p. 1141. In effect July 27, 1917.

§ 4268a. FEES OF JURORS AND WITNESSES. In counties of the thirtyninth class, jurors and witnesses shall receive the following fees and mileage:

In criminal cases the county clerk shall, daily, during the attendance of each juror or witness, make his certificate as to such attendance (the certificate as to the first day's attendance of such juror or witness, to cover and include the number of miles traveled by such juror or witness); and the auditor shall, daily, upon the request of such juror or witness draw his warrant in favor of such juror or witness for the sum named in such certificate, and the treasurer shall pay the same;

For attending as a grand juror for each day's actual attendance, per day, three dollars, and twenty-five cents per mile for each mile actually traveled in going only, such mileage to be paid at the time that the fee for the first day's attendance is paid; For attending as a trial juror in criminal cases, for each day's actual attendance, per day, three dollars, and twenty-five cents per mile for each mile actually traveled in

going only, such mileage to be paid at the time that the fee for the first day's attendance is paid;

For attending as a witness in criminal cases, for each day's actual attendance, per day, three dollars, and twenty-five cents per mile for each mile actually traveled in going only, such mileage to be paid at the time that the fee for the first day's attendance is paid.

History: Enacted May 28, 1917, Stats. and Amdts. 1917, p. 1140.
In effect July 27, 1917.

ARTICLE XLII.

COUNTIES OF THE FORTY-SECOND CLASS.

$ 4271. SALARIES AND FEES OF OFFICERS OF. In counties of the forty-second 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 four hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed the county clerk the following deputies, who shall be appointed by the county clerk, and shall be paid salaries as follows: one deputy county clerk at a salary of one hundred twenty-five dollars per month, and one deputy county clerk at a salary of seventy-five dollars per month. The salaries of said deputy county clerks shall be paid 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; provided, further, that in counties of this class, in each year in which a new and complete or supplemental registration of voters is required by law, the county clerk shall appoint as many deputy registration clerks as may be necessary for the convenient registration of voters of the county, which deputy registration clerks shall receive as compensation for their services the sum of ten cents per name for each and every voter registered by them; said compensation to be paid out of the general fund of the county, on the presentation and filing with the board of supervisors of the county of a duly verified claim therefor, approved by the county clerk.

2. The sheriff, five thousand dollars per annum and such mileage as is allowed by law for service of all papers wherever issued by any court outside this county and all mileage for service of paper in civil cases in his own county and actual expenses incurred in criminal cases; provided, further, that in counties of this class there shall be and is hereby allowed to the sheriff one deputy who shall be appointed by the sheriff and shall be paid a sum of one hundred dollars per month, which said sum shall be paid by said county in equal monthly installments at the same time and in the same manner as the salary of the sheriff is paid.

3. The recorder, two thousand one hundred dollars per annum; provided, further, that in counties of this class there shall be and is hereby allowed to the recorder, one deputy recorder who shall be appointed by the recorder and shall be paid a sum of one hundred dollars per month; also, an additional deputy recorder who shall be appointed by the recorder and who shall be paid a salary of seventy-five dollars per month, which said sum shall be paid by said county in equal monthly installments at the same time, in the same manner and out of the same fund as the salary of the recorder is paid.

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

5. The treasurer, two thousand dollars per annum.

6. The tax-collector, one thousand eight hundred dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed to the tax-collector one deputy tax-collector, which office is hereby created, said deputy tax-collector to be appointed by the tax-collector and to be paid a salary of seventy-five dollars per month,

which said sum shall be paid by the county in monthly installments at the same time, in the same manner and out of the same fund as the salary of the tax-collector is paid. 7. The assessor, two thousand five hundred dollars per annum; provided, that in counties of this class there shall be one deputy assessor, who shall be appointed by the assessor and shall receive as compensation for all services performed by him the sum of one hundred dollars per month; and provided, further, that the assessor may appoint such additional deputies as may be required in the judgment of the assessor, the length of time that such deputies shall serve in any one year not to exceed, in the aggregate, three hundred twelve days, and the aggregate compensation to be paid all of said deputies not to exceed in any one year the sum of one thousand two hundred fortyeight dollars, which shall be paid out of the county treasury in the same manner, at the same time and out of the same funds as the salaries of other county officers are paid; provided, further, that the assessor may appoint one copyist, to be paid a compensation of three dollars per day for a period not to exceed four months in any one year, and such allowance shall be made as other claims are allowed by the board of supervisors, and when so allowed shall be paid out of the salary fund.

8. The district attorney, two thousand four hundred dollars per annum; provided, the district attorney may appoint a stenographer, whose compensation shall be seventyfive dollars per month, and such allowance shall be made as other claims are allowed by the board of supervisors, and when so allowed shall be paid out of the salary fund. 9. The coroner, such fees as are now or may hereafter be allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law.

11. The superintendent of schools, one thousand eight hundred dollars per annum; provided, that in counties of this class there shall be and is hereby allowed to the superintendent of schools a deputy who shall be appointed by the superintendent of schools and paid a salary of five hundred dollars per annum, said salary to 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 superintendent of schools is paid.

12. The surveyor, ten dollars per day when engaged in county work. He shall also receive his actual expenses when at work in the field.

13. [Township officers.] In counties of this class, the township officers shall receive the following compensation for all services rendered by them in criminal matters of whatever kind, character or description: In townships having a population of five thousand or more, justices of the peace and constables shall receive a monthly salary of one hundred twenty-five dollars, to be paid each month in the same manner and out of the same fund as the salaries of county officers are paid. In townships having a population of less than five thousand, said justices of the peace shall receive a salary of six hundred dollars per annum, and constables shall receive a salary of four hundred eighty dollars per annum, to be paid in monthly installments.

14. [Supervisors.] Each member of the board of supervisors, one thousand eight hundred dollars per annum, in full payment for services as member of the board of supervisors, as member of the board of equalization and as road commissioner, and twenty-five cents per mile while traveling from his residence to the county seat not more than once each month. It is hereby found as a fact that the changes provided for in this subdivision do not work an increase in compensation of this office, and it is intended that the same shall apply immediately to the present incumbents.

15. [Reporter.] In counties of this class, the official reporter of the superior court shall receive such fees as are now or may hereafter be allowed by law. The compensation allowed each officer above enumerated shall be in full payment for all services performed by him.

History: Original section enacted March 12, 1872, founded upon § 10, Act April 9, 1850, Stats. 1850, p. 171; repealed and present section enacted March 18, 1907, Stats. and Amdts. 1907, p. 525, Kerr's Stats. and Amdts. 1906-7, p. 362; amended February 28, 1911, Stats. and Amdts. 1911, p. 228; June 1, 1915, Stats. and Amdts. 1915, p. 1040; May 28, 1917, Stats. and Amdts. 1917, p. 992. In effect July 27, 1917.

1. Construction.-The amendment of 1911 fxing the salary of the assessor of counties of the forty-second class at twenty-five hundred dollars and allowing him a deputy at one hundred dollars a month for six months is inapplicable to the incumbent of such office at the time of the passage of the

amendment, notwithstanding that it provided it should take effect immediately on passage, as prior to such amendment such officer was not allowed any deputy, although allowed the same salary.-McFadden v. Borden, 28 Cal. App. 471, 152 Pac. 977.

ARTICLE XLIII.

COUNTIES OF THE FORTY-THIRD CLASS.

§ 4272. SALARIES AND FEES OF OFFICERS OF. In counties of the forty-third 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, one thousand nine hundred twenty dollars per annum, and such fees as he may be now or hereafter allowed by law to retain; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk one deputy clerk, who shall be appointed by the county clerk and shall be paid a salary as follows: the sum of one thousand two hundred dollars per annum, which sum 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 county clerk is paid.

2. The sheriff, three thousand five hundred dollars per annum. The sheriff shall also receive for his own use and benefit all fees, commissions and mileage, in all civil cases within his county, and all fees, commissions and mileage for service of any papers issued by any court outside of his county.

3. The recorder, one thousand two hundred dollars per annum, and such fees as he may be now or hereafter allowed by law to retain. The board of supervisors is hereby authorized to employ such number of copyists at such salaries and for such length of time as the said board may deem necessary to properly and expeditiously record all instruments and documents filed for record in the office of the county recorder of such county, and the salary of such copyist or copyists shall be paid out of the general fund of said county.

4. The auditor, six hundred dollars per annum.

5. The treasurer, one thousand five hundred sixty dollars per annum.

6. The tax-collector, seven hundred dollars per annum.

7. The assessor, two thousand four hundred dollars per annum. He shall also be permitted to appoint such deputies as he may desire, of whom one shall be paid by the county for the term of six months, beginning on the first Monday in January in each year at the rate of one hundred dollars per month, and one of whom shall be paid by the county for the term of four months, beginning on the first Monday in March in each year, at the rate of one hundred dollars per month, and one of whom shall be paid by the county at the rate of one hundred dollars per month for the term of two months, said term beginning on the first Monday of March of each year. The board of supervisors shall allow the assessor to appoint extra deputies, other than as above provided, in the ratio of one for every three hundred assessment statements, or major fraction thereof in excess of two thousand eight hundred statements, and said extra deputies shall each serve four months in each year, at the will of the assessor, and shall be paid each one hundred dollars per month. All salaries of deputies as above provided, shall be paid in the same manner and at the same time as the salary of the assessor is paid. All commissions allowed by law to the assessor for the collection of poll tax, road poll, personal property or special taxes, shall be paid into the county treasury by the assessor, monthly as collected, for the use of the county, and shall be apportioned by the auditor and the treasurer to the salary fund.

8. The district attorney, one thousand five hundred dollars per annum.

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

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

11. The superintendent of schools, one thousand eight hundred dollars per annum, and actual traveling expenses when visiting the schools of his county.

12. The surveyor, such fees as are now or may hereafter be allowed by law. 13. Justices of the peace shall receive the following monthly salaries, to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them. In townships having a population of more than four thousand, ninety dollars per month; in townships having a population of less than four thousand and more than two thousand three hundred, seventy-five dollars per month; in townships having a population of less than two thousand three hundred and more than one thousand five hundred, thirty dollars per month; in townships having a population of less than one thousand five hundred and more than six hundred, twenty dollars per month; in townships having a population of less than six hundred, fifteen dollars per month. 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.

14. Constables shall receive the following monthly salaries to be paid each month, and in the same manner and out of the same fund as county officers are paid, which shall be in full for all services rendered by them in criminal cases: In townships having a population of more than four thousand, thirty-five dollars per month; in townships having a population of less than four thousand and more than two thousand, fifteen dollars per month; in townships having a population of less than two thousand, ten dollars per month; provided, that each constable shall receive his actual and necessary expenses incurred in conveying prisoners to the county jail. In addition to the compensation received in criminal cases, each constable shall 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 actions.

15. [Supervisors, traveling expenses.] Each supervisor, nine hundred dollars per annum, and twenty cents per mile for traveling expenses from his residence to the county seat, and also necessary expenses when on official business outside of the county.

16. [Board of education.] Each member of the county board of education, including the secretary, shall receive one hundred fifty dollars per annum as compensation for his services on the board of education, and mileage at the rate of twenty cents per mile, one way, from his residence to the place of meeting of said board. Said compensation of said members and of said secretary shall be paid monthly in the same manner and out of the same fund as the salaries of other county officers are paid. Claims for such mileage shall be presented to and allowed by the board of supervisors before payment. The compensation of the members of the county board of education herein provided is not in addition to that provided in section one thousand seven hundred seventy.

17. [Population of townships.] For the purposes of subdivisions thirteen and fourteen of this section, the population of the several judicial townships shall be ascertained by the board of supervisors, by multiplying by five the vote for presidential electors cast in each township at the next preceding election.

History: Original section enacted March 12, 1872, founded upon § 12 Act April, 1850, Stats. and Amdts. 1850, p. 171; repealed and present section enacted March 18, 1907, Stats. and Amdts. 1907, p. 526, Kerr's Stats. and Amdts. 1906-7, p. 364; amended February 12, 1911, and April 27, 1911, Stats. and Amdts. 1911, pp. 230, 1166; amendment June 16, 1913 (not showing which of the Acts of 1911 was intended to be amended), Stats. and Amdts. 1913, p. 1419; April 16, 1917, Stats. and Amdts. 1917, p. 130. In effect July 27, 1917.