transcription in criminal cases to be audited and allowed by the board of supervisors as other claims against the county 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.

17. [Jurors.] The fees of grand jurors and trial jurors in the superior courts of said counties of this 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 appropriations for the payment of the fees herein provided for.

History: Former section, relating to duty of coroner to hold inquests, repealed and present section enacted March 18, 1907, Stats. and Amdts. 1907, p. 543, Kerr's Stats. and Amdts. 1906-7, p. 380; amended March 25, 1909, Stats. and Amdts. 1909, p. 766; February 28, 1911, Stats. and Amdts. 1911, p. 248; June 16, 1913, Stats. and Amdts. 1913, p. 1234; April 16, 1915, Stats. and Amdts. 1915, p. 86; April 6, 1917, Stats. and Amdts. 1917, p. 74. In effect July 27, 1917.

ARTICLE LVII.

COUNTIES OF THE FIFTY-SEVENTH CLASS.

§ 4286. SALARIES AND FEES OF OFFICERS OF. In counties of the fifty-seventh class the county and township officers shall respectively receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries and compensation, to wit:

1. The county clerk, one thousand two hundred dollars per annum.

2. The sheriff, two thousand six hundred dollars per annum.

3. The recorder, six hundred dollars per annum. In counties of this class the recorder may appoint a copyist for service in his office, which office of copyist for the county recorder is hereby created, and said copyist shall receive as compensation for his services fifty per cent of the amount collected in said office during his period of service for filing and recording mining locations and affidavits of assessment work.

4. The auditor, two hundred dollars per annum.

5. The treasurer, one thousand dollars per annum.

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

7. The assessor, one thousand two hundred dollars per annum.

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

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

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

11.

The superintendent of schools, four hundred dollars per annum.

12. The surveyor, such fees as are now or may be hereafter allowed by law. 13. [Population of townships.] For the purpose of regulating the compensation of justices of the peace and constables, townships of this class of counties are hereby classified according to their population, as shown by the total number of registered voters, in each township, at the next preceding general election, prior to the fixing of the classification, the said population to be determined by the supervisors by multiplying the said total number of registered voters by three; townships having a population of not more than one hundred shall belong to and be known as townships of the first class; townships having a population of not more than three hundred and not less than one hundred one shall belong to and be known as townships of the second

class; townships having a population of not more than seven hundred fifty and not less than three hundred one shall belong to and be known as townships of the third class; townships having a population of not more than one thousand five hundred and not less than seven hundred fifty-one shall belong to and be known as townships of the fourth class; townships having a population in excess of one thousand five hundred shall belong to and be known as townships of the fifth class; provided, that the board of supervisors may, prior to any general election, consolidate two or more such townships into one.

14. [Justices of the peace and constables.] Justices of the peace and constables each of townships of the first class shall receive an annual salary of one hundred dollars to be paid in monthly installments as county officers are paid; justices of the peace and constables of townships of the second class shall each receive an annual salary of one hundred fifty dollars to be paid in monthly installments as county officers are paid; justices of the peace and constables in townships of the third class shall each receive an annual salary of two hundred dollars to be paid in monthly installments as county officers are paid; justices of the peace and constables in townships of the fourth class shall each receive an annual salary of three hundred dollars to be paid in monthly installments as county officers are paid; justices of the peace and constables in townships of the fifth class shall each receive an annual salary of four hundred dollars to be paid in monthly installments as county officers are paid. The salaries so received by justices of the peace and constables aforesaid shall be in full compensation for all services rendered by them. These salaries shall also apply to incumbents.

15. [Board of supervisors.] Each member of the board of supervisors, six dollars per day during session, and thirty cents per mile one way to board meetings; three dollars per day (no mileage) as road commissioner when actually engaged in road business.

16. Jurors' fees in criminal cases shall be as follows: For attending as a grand juror or trial juror in the superior court, in criminal cases only, for each day's attendance, per day, three dollars; for each mile actually traveled in attending court as such juror under summons or under order of court, in criminal cases, in going only, per mile, thirty cents, and the county clerk shall certify to the auditor the number of days' attendance and number of miles traveled by each juror, and the auditor shall draw his warrant therefor and the treasurer shall pay the same.

History: Former section, providing coroner to bury bodies when, repealed and present section enacted March 18, 1907, Stats. and Amdts. 1907, p. 544, Kerr's Stats. and Amdts. 1906-7, p. 381; amended March 25, 1909, Stats, and Amdts. 1909, p. 762; March 21, 1911, Stats. and Amdts. 1911, p. 250; May 24, 1915, Stats. and Amdts. 1915, p. 798; April 25, 1917, Stats. and Amdts. 1917, p. 203. In effect July 27, 1917.

ARTICLE LVIII.

GENERAL PROVISIONS RELATING TO SALARIES AND FEES.

§ 4288. Salaries, how and when paid.

§ 4289. Statement of fees must precede warrant for salary.

§ 4290. Additional provisions concerning fees and salaries.

§ 4288. SALARIES, HOW AND WHEN PAID. The salaries of such officers named in this title as are entitled to salaries shall be paid monthly out of the county treasury; and it shall be the duty of the auditor, on the first day of each and every month, to draw his warrant upon the treasurer in favor of each of said officers for the amount of salary due him under the provisions of this title for the preceding month; except that, unless in this title otherwise provided, one-half of the annual salary of the assessor shall be paid to him in equal monthly installments for the months of March, April, May and June, and one-half in equal monthly installments

for the remaining eight months of the year. The treasurer shall pay said warrants on presentation, out of the salary fund of the county treasury; provided, that in counties of the first class or in counties operating under a charter, the board of supervisors may, by ordinance, fix a date or schedule of dates for the payment of salaries of the officers, deputies, clerks and other employees of the several departments and institutions of the county government.

History: Original section enacted March 12, 1872; repealed and present section enacted March 18, 1907, Stats. and Amdts. 1907, p. 545, Kerr's Stats. and Amdts. 1906-7, p. 582, codification of §§ 156 and 220 County Government Act (Hen. G. L., pp. 227, 335); amended June 1, 1915, Stats. and Amdts. 1915, p. 1055; April 5, 1917, Stats. and Amdts. 1917, p. 57. In effect July 27, 1917.

§ 4289. STATEMENT OF FEES MUST PRECEDE WARRANT FOR SALARY. The auditor shall not draw his warrant for the salary of any such officer for any month until the latter shall first have filed with him the sworn statement required in section four thousand two hundred ninety-four and a copy of the treasurer's receipt for all fees and other moneys payable into the county treasury, collected by such officer in that month.

History: Original section, providing justice to act as coroner, enacted March 12, 1872, repealed and present section (a codification of § 221 County Government Act, Hen. G. L., p. 335) approved March 18, 1907, Stats. and Amdts. 1907, p. 545, Kerr's Stats. and Amdts. 1906-7, p. 382; amended May 25, 1917, Stats, and Amdts. 1917, p. 936. In effect July 27, 1917.

§ 4290. ADDITIONAL PROVISIONS CONCERNING FEES AND SALARIES. The salaries and fees provided in this title shall be in full compensation for all services of every kind and description rendered by the officers named in this title either as officers or ex officio officers, their deputies and assistants, unless in this title otherwise provided, and all deputies employed shall be paid by their principals out of the salaries provided in this title, unless in this title otherwise provided;

[Assessor.] provided and except, that the assessor shall be entitled to receive and retain for his own use, unless in this title otherwise provided, six per cent on personal property tax collected by him, as authorized by section three thousand eight hundred twenty, and fifteen per cent of all amounts collected by him for poll taxes, and road poll taxes, and also five dollars per hundred names of persons returned by him as subject to military duty, as provided in section one thousand nine hundred one, and shall also be allowed by the county his actual expense when summoned before the state board of equalization in pursuance of an act entitled "An act to carry into effect the provisions of section fourteen of article thirteen of the constitution of the State of California as said constitution was amended November 8, 1910, providing for the separation of state from local taxation, and providing for the taxation of public service and other corporations for the benefit of the state, all relating to revenue and taxation," and the license-collector shall be entitled to receive and retain for his own use ten per cent on all licenses collected by him, except where otherwise provided in this title;

[License-collector.] provided, however, that in counties and cities and counties of the first, second and third classes, the assessor shall receive no commission for the 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 such assessor receive any compensation for making out military roll of persons returned by him as subject to military duty as provided by section one thousand nine hundred one; nor shall the license-collector in counties and cities and counties of the first and second classes receive any commission for licenses collected by him;

[Treasurer.] provided, further, that the treasurer shall receive and retain for his own use the commissions on all inheritance and transfer taxes collected by him;

[Special attorney.] and provided, further, that whenever the treasurer of any county shall employ a special attorney for the collection of such taxes, said attorney shall be paid out of the commissions and fees allowed by law for the collection of such taxes; [Additional deputy sheriff.] provided, that in any county where the number of judges of the superior court shall have been increased since the first day of January, 1911, or shall hereafter be increased, there must be and there hereby is allowed to the sheriff of such county, by reason of such increase, one additional deputy, to be appointed by the sheriff, at a salary not exceeding one thousand two hundred dollars per annum, to be paid at the same time and in the same manner as other county officers are paid, [Additional deputy clerks.] and also there must be and is hereby allowed to the county clerk of such county, one additional deputy to act as courtroom clerk, for each judge so appointed or elected, at a salary not exceeding one thousand two hundred dollars per annum for each of said deputies, to be paid at the same time and in the same manner county officers are paid.

[Pursuing criminals.] The board of supervisors shall allow to the sheriff his necessary expenses for pursuing criminals, or transacting any criminal business, and for boarding prisoners in the county jail;

[Boarding prisoners.] provided, that the board of supervisors shall fix a reasonable price at which such prisoners shall be boarded, if not otherwise provided for in this title, which price shall not be less than twelve cents for each meal for each prisoner;

[Conveying prisoners to state institutions.] provided, further, that the sheriff shall be entitled to receive and retain for his own use, five dollars per diem for conveying prisoners to and from the state prisons, and for conveying persons to and from the insane asylums, or other state institutions, not otherwise provided for by law; also, all expenses necessarily incurred in conveying insane persons to and from the insane asylums and in conveying persons to and from the state prisons, or other state institutions, which per diem and expenses shall be allowed by the board of examiners and collected from the state. The court shall also allow the sheriff his necessary expenses in keeping and preserving property seized on attachment or executions, to be paid out of the fees collected in the action. The sheriff may retain for his own use the mileage for service of papers or process issued by any court of the state;

[State settlements of treasurers.] provided, further, that the county treasurers of the several counties of this state, where their necessary expense incurred in the making of the state settlements provided for by section three thousand eight hundred sixty-six shall exceed the maximum amount of mileage allowed them by section three thousand eight hundred seventy-six shall be allowed out of the county treasury of their respective counties, the amount of such excess, which shall be paid as other demands against the county are paid; provided, further, that in case county or city and county officers perform municipal duties imposed by a charter framed under the provisions of sections eight and eight and one-half of article eleven of the constitution the compensation of such officers and the expense of such officers may be apportioned by the board of supervisors in proportion to the duties rendered as county officers under general laws and rendered as municipal officers under charter provisions, and the compensation determined to be for the performance of municipal duties shall be paid from funds raised for municipal purposes and the compensation determined to be for county duties shall be paid from funds provided by sections three thousand seven hundred fourteen and four thousand three hundred five of this code.

1.

History: Original section, providing coroner to decide duty of sheriff in certain cases, enacted March 12, 1872; repealed and present section (a codification of § 215 County Government Act, Hen. G. L., p. 333) approved March 18, 1907, Stats. and Amdts. 1907, p. 545, Kerr's Stats. and Amdts. 1906-7, p. 382; amended February 28, 1911, and April 19, 1911, Stats. and Amdts. 1911, pp. 251, 943, amended without indicating which of the acts of 1911 is amended; May 27, 1917, Stats. and Amdts. 1917, p. 1323. In effect July 28, 1917.

Amendment of 1909-Effect of.-An amendment to this section and section 4235, subdivision 1, made after the passage of the 1917 Sup.-22.

Game License Act, fixing the salary of the county clerk and declaring the same to be in full compensation for all services of every 3765

kind, made no change in the section as it previously stood, and could not affect the right of the county clerk to retain the fees so received by him for his services in collecting hunting licenses.-City of Sacramento v. Pfund, 165 Cal. 84, 130 Pac. 1041.

2. Compensation of sheriff—Change during term. The sheriff of the county of Los Angeles, who was serving an unexpired portion of the term for which he had been theretofore elected at the time the charter of that county went into effect, is entitled under sections 52 and 56 of article XII of

the charter, which provides that neither the tenure of office nor the compensation to be paid to officers theretofore elected shall be changed until they have been chosen by the electorate, to retain for his own use as part of his compensation the fees collected by him under section 4290 of the Political Code, notwithstanding section 15 of article IV of such charter, providing that "all fees collected by any county officer, board or commission, shall be paid into the county treasury."-Los Angeles County v. Hammel, 26 Cal. App. 580, 147 Pac. 983.

ARTICLE LIX.

REGULATIONS CONCERNING FEES.

§ 4292. Fees to be paid into county treasury.

§ 4293. Fee-book.

§ 4294. Statement of fees to be filed with auditor.
§ 4295. Official services and fees, payment.

§ 4292. FEES TO BE PAID INTO COUNTY TREASURY. All salaried officers of the several counties and townships of this state shall charge and collect for the use of their respective counties, and pay into the county treasury, on or before the fifth day of each month, the fees now or hereafter allowed by law in all cases, except where such fees, or a percentage thereof, is allowed such officers, and excepting also such fees as are a charge against the county.

1.

History: Original section enacted April 27, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 103; held unconstitutional, see history § 4000 ante; former section repealed and present section approved March 18, 1907, Stats. and Amdts. 1907, p. 547, Kerr's Stats. and Amdts. 1906-7, p. 384 (a codification of § 216 County Government Act, Hen. G. L., p. 334); amended May 25, 1917, Stats. and Amdts. 1917, p. 937. In effect July 27, 1917.

Construction.-Fees received by county clerks under the federal statute in naturalization proceedings come within the category of fees "allowed by law."-Alameda County v. Cook, 32 Cal. App. 165, 162 Pac. 405.

2. Naturalization fees, retention by county clerk. The county clerk of the county of Alameda is not entitled, as a matter of law, to retain for his own use and benefit one-half of the fees collected by him in naturalization proceedings, notwithstand

ing that the act of Congress which provides that the clerk of any court collecting such fees is authorized to retain one-half thereof and to pay the other one-half to the federal bureau of immigration and naturalization, as the statute law of the state prescribes the duties of county clerks throughout the state, provides for their compensation, and directs such officers to pay into the county treasury all fees "allowed by law."-Alameda County v. Cook, 32 Cal. App. 165, 162 Pac. 405.

§ 4293. FEE-BOOK. Each of the officers authorized to receive fees under the provisions of this title must keep a record, open to the public inspection during office hours, in which must be entered, at once and in detail, all fees or compensation, and fines, of whatever nature, kind, or description, collected or chargeable. On the first day of each and every month, the officer must add up each column in his book to the first day of the month, and set down the totals. On the expiration of the term of such officer, he must deliver all such records kept by him to the county auditor.

History: Enactment approved March 18, 1907, Stats. and Amdts. 1907, p. 547, Kerr's Stats. and Amdts. 1906-7, p. 384 (a codification of § 217 County Government Act, Hen. G. L., p. 335); amended May 25, 1917, Stats. and Amdts. 1917, p. 937. In effect July 27, 1917.