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8 4294. STATEMENT OF FEES TO BE FILED WITH AUDITOR. Each of the officers authorized to receive fees under the provisions of this title must pay the fees and compensation and fines collected and chargeable for the county in each month, to the treasurer on or before the fifth day in the following month and must file with the auditor a statement, duly verified, showing the amounts and kinds of fees, compensation, and fines collected or chargeable, the amounts collected and the amount of trust moneys received, disbursed, and on hand.

[Form of affidavit.] The affidavit shall be in substantially the following form:

"I, A. B., county clerk (or other officer, as the case may be), do swear that the fee record in my office contains a true statement in detail of all fees and compensation of every kind and nature for official services rendered by me, my deputies and assistants, and the amount of all fines, and trust money, received, disbursed and on hand, for the month of ......

A. D. ...... and that said fee record shows a full amount received or chargeable in said month, and that neither myself, nor to my knowledge or belief, any of my deputies or assistants have rendered any official service, except as provided in sections four thousand two hundred ninety-five and four thousand two hundred ninety-seven of the Political Code, which is not fully set out in said fee record and that the foregoing statement thereof and of other matters, is complete, true, and correct." The auditor shall file and preserve in his office said statements and affidavits.

History: Enactment approved March 18, 1907, Stats. and Amdts. 1907, p. 547, Kerr's Stats, and Amdts. 1906-7, p. 384 (a codification of $ 218 County Government Act, Hen. G. L., p. 335); amended May 25, 1917, Stats, and Amdts. 1917, p. 937. in effect July 27, 1917.

$ 4295. OFFICIAL SERVICES AND FEES, PAYMENT. State, county, and township officers shall not in any case except in proceedings upon habeas corpus perform any official services unless upon the prepayment of such fees as are prescribed by law for the performance of such services; provided, that the state or any county, city, or city and county, or any public officer, or board, or body acting in his or its official capacity on behalf of the state, or any county, city or city and county, shall not be required to pay or deposit any fee for the filing of any document or paper or for the performance of any official service; provided, further, that the state, or any county, city, or city and county, or any public officer or board, or body, acting in his or its official capacity on behalf of the state, or any county, city, or city and county, shall not collect, demand or receive any fee or compensation for any service whatever rendered in the matter of a pension claim, application, affidavit, voucher, or furnishing a verified copy of the public record of a marriage, death, or divorce or making a search for same, wherein the same is to be used in a claim for a pension. Said services to be rendered on the request of a United States official, a claimant or his or her attorney, and for every failure or refusal so to do such officer shall be liable on his official bond.

Upon the payment by any person of the fees required by law, the officer must perform the services required, and for every failure or refusal so to do such officer shall be liable on his official bond.

History: Enacted March 18, 1907, Stats, and Amdts. 1907, p. 547,
Kerr's Stats. and Amdts. 1906-7, p. 385 (a codification of $ 222 County
Government Act, Hen. G. L., p. 335); amended May 20, 1915, Stats, and
Amdts. 1915, p. 694; May 26, 1917, Stats. and Amdts. 1917, p. 1175.
In effect July 27, 1917.

ARTICLE LX.

FEES OF OFFICERS.

§ 4300a. County clerk 's fees.

$ 4300e. Justices of the peace fees. 8 4300a. COUNTY CLERK'S FEES. In addition to the charges otherwise provided for by law, the county clerk shall charge and collect the following fees:

For filing the first paper in a civil action or in a special proceeding, except a probate proceeding or an adoption proceeding, five dollars.

For filing the papers transmitted from another county on the transfer of a civil action or a special proceeding, except a probate proceeding or an adoption proceeding, five dollars.

For filing the papers transmitted on appeal from a justice's court in a civil action or a special proceeding, five dollars.

On the appearance of any defendant, or any number of defendants appearing jointly, except disclaimer, to be paid upon filing the first paper in the action by him or them, two dollars; and for every additional defendant appearing separately, one dollar.

For filing a petition for letters of administration, a petition for special letters of administration, a petition for letters testamentary or a petition for letters of guardianship, five dollars; provided, that when either the public administrator or the secretary of the state commission in lunacy, in his official capacity is the petitioner, he shall be required to pay said fee only out of the assets of the estate coming into his possession; provided, that only one fee must be collected in any one estate or guardianship matter. On placing any action or proceeding for the first time on the calendar for hearing or trial, to be paid by the party at whose request such action or proceeding is so placed, two dollars; provided, no fee shall be charged for probate, adoption or criminal proceedings or default cases in civil actions.

For issuing an execution, or order of sale, one dollar.

The foregoing fees shall be in full for all services rendered by the county clerk to and including the making up of the judgment roll in any action or proceeding except for making or certifying to copies of filed papers or records.

For filing and docketing an abstract of judgment from a justice's court, one dollar. On filing the petition to contest any will or codicil, three dollars.

For filing any notice of intention to move for a new trial of any civil action or special proceeding, two dollars.

For preparing a copy of any record, proceeding, or paper on file in his office per folio, ten cents.

For each certificate of the clerk, except a certificate to a copy of a filed record, paper or proceeding or a certificate in connection with a governmental civil service examination, twenty-five cents.

No fees shall be charged by the clerk for services rendered in any criminal action or adoption proceedings, except for making or certifying to copies of proceedings.

For issuing a marriage license, one-half to be paid to the county recorder, two dollars. This fee shall be in full for all services in connection with the issuance of a marriage license.

For filing and indexing articles of incorporation, amended articles of incorporation or a certified copy of articles of incorporation, one dollar.

For filing a certificate of increase of the capital stock of a corporation, one dollar. For filing a certificate of decrease of the capital stock of a corporation, one dollar.

For filing a certificate of increase of the number of directors of a corporation, one dollar.

For filing certificate of decrease of the number of directors of a corporation, one dollar.

For filing a certificate of notice of removal of the principal place of business of a corporation, one dollar.

For filing a certificate of creation of bonded indebtedness of a corporation, one dollar.

For filing a certificate of increase of bonded indebtedness of a corporation, one dollar.

For filing any charter, by-laws, or any other certificate, etc., of any corporation, granting power to do business in this state, one dollar.

For filing and indexing a certificate of partnership, including affidavit of publication, one dollar.

For filing and indexing a certificate of fictitious name, including affidavit of publication, one dollar.

For filing and indexing an auctioneer's bond, one dollar.

For filing and indexing all papers other than papers filed in actions or special pro ceedings, official bonds, certificates of appointment, or papers for which a charge is not elsewhere provided, one dollar.

For either recording or registering any license or certificate or issuing any certificate, or both, in connection with a license, required by law, for which a charge is not otherwise prescribed, one dollar.

For examining and certifying to any copy of any paper, record or proceeding prepared by another and presented for his certificate, fifty cents, and one cent per folio for comparing the said copy with the original.

For taking any affidavit, except in criminal cases, or adoption proceedings, or in connection with governmental civil service examinations, fifty cents.

For searching records or files, for each year, fifty cents.

For taking and approving each undertaking, and the justification thereof, except in criminal cases, for each signature, fifty cents.

For taking acknowledgment of any deed or other instrument, including the certificate, for each signature, fifty cents.

For exemplification of record or other paper on file besides the charges allowed for copying or comparing, one dollar.

History: Enactment approved March 18, 1907, Stats. and Amdts. 1907, p. 548, Kerr's Stats, and Amdts. 1906-7, p. 385 (a codification in part of § 1, Stats, and Amdts. 1895, p. 267, Hen. G. L., p. 447); amended March 23, 1911, Stats, and Amdts. 1911, p. 444; May 23, 1917, Stats, and Amdts. 1917, p. 902. in effect July 27, 1917.

8 4300e. JUSTICES OF THE PEACE FEES. Justices of the peace, except as in this title otherwise provided: For all services to be performed by him before trial, in a civil action, two dollars; and for the trial of either a question of law or fact, and all proceedings subsequent thereto, including all affidavits, swearing witnesses and jury, and the entry of judgment and issuance of execution thereon, three dollars, to be paid when such trial is calendared for hearing. For all services in a criminal action or proceeding, whether on examination or trial, three dollars. For taking bail after commitment by another magistrate, fifty cents. For certificate and transmitting transcript and papers on appeal, one dollar. For copies of papers on docket, per folio, ten cents. For issuing a search warrant, to be paid by the party demanding the same, fifty cents. For taking an acknowledgment of any instrument, for the first name, fifty cents; for each additional name, twenty-five cents. For taking deposition, per folio, fifteen cents. For administering an oath, and certifying the same, twenty-five cents. For issuing a commission to take testimony, fifty cents. For all services connected with the posting of estrays, one dollar. In cases before a justice of the peace, when the venue shall be changed, the justice before whom the action shall be brought, for all services rendered, including the making up and transmission of the transcript and papers, shall receive one dollar; and the justice before whom the trial shall take place shall receive the same fees as if the action had been commenced before him. For receiving and filing an abstract of judgment rendered by a justice or judge of another jurisdiction, and for subsequent services based thereon, two dollars. For performing the duties of coroner, when the coroner fails to act, the same fees and mileage as are allowed the coroner in all cases. For issuing each process, writ, order or paper required by law to be issued not otherwise in this article provided for, twentyfive cents. For administering oath or affirmation not otherwise in this article provided for, ten cents. For each certificate or affidavit not otherwise in this article provided

twenty-five cents. For taking and approving bond or undertaking, including the justification of sureties, fifty cents.

History: Enactment approved March 18, 1907, Stats. and Amdts. 1907, p. 552, Kerr's Stats. and Amdts. 1906-7, p. 389 (a codification in part of § 1, Stats, and Amdts. 1895, p. 267, Hen. G. L., p. 451); amended June 16, 1913, Stats, and Amdts. 1913, p. 1442; April 24, 1917, Stats. and Amdts. 1917, p. 173. In effect July 27, 1917.

1. Construction.—The legislature has for to review by the court, but is final and conthe purpose of fixing the fees of a justice, clusive.-Victors v. Kelsey, 31 Cal. App. 796, classified the services which may be ren- 161 Pac. 1006. dered into three groups as to each of which a specific fee is fixed. Thus, two dollars is $ 4354. required to be paid for all services per

MUNICIPAL CORPORATIONS. formed before trial. If there be a trial an

1-4. Charter of. additional three dollars shall be paid; if

5-19. -Construction of. there be no trial, and the justice be called

20, 21. Civil service examinations — Fire upon to render and enter judgment by de

department. fault, an additional fee of two dollars shall be paid covering such services. The services

22, 23. Contracts with-Letting of printing are itemized under three heads and a sepa

contract. rate fee fixed for each class of items.

24, 25. —Printing or publishing charter.

26–28. Liability for acts of officers. Austin v. Strang, 30 Cal. App. 265, 157 Pac.

29, 30. — Maintenance of "dump." 1002. 2. It can not be construed that the fee of

31-34. Organization of municipality-Pe

tition for. two dollars provided as compensation for all services to be performed before trial covers

35–36. Ordinances ,validity of —Brick-makthe cost for rendition and entry of judg

ing, regulation of. ment by default, because in that case the

37-43. -Jitney-busses, regulation of. third clause of the act as amended would

44. -Planing-mills, regulation of. be given no effect whatever, and it must be

45. -Ordinance passed on day of inassumed that the legislature had some pur

troduction.

46. — Soliciting alms. pose in amending the law.-Austin v. Strang,

47. —Sprinkling streets. 30 Cal. App. 265, 157 Pac, 1002. 3. Under the amendment of 1913 to sec

48, 49. Powers of_Over public utilities. tion 4300e of the Political Code, it is the

50. —To contract.

51. duty of a justice of the peace, as a prerequi

-To employ humane officer. site to the rendition and entry of a judg

52, 53. -Street lighting. ment by default, to exact the payment of a

54-60. Street assessments for local imfee of two dollars, in addition to the fee in

provements. the same amount paid upon the filing of the

61. —Exemption of railroads from as

sessment. complaint.-Austin v. Strang, 30 Cal. App.

62–71. Street improvement proceedings265, 157 Pac. 1002.

In general. § 4307.

72–74. —Under one scheme of improve

ment. 1. Construction (subd. 2).This author

75-81. -Resolution of intention. izes the district attorney to employ detec

82. - Publication of notices. tives at the county's expense when neces

83-85. -Contest and appeal to council. sary to enable him to ascertain the person

86-91. —Contract and its award and asguilty of crime or to obtain evidence to

signment. prove the commission thereof and effectively

92–101. -Accepting street work, by ordiprosecute. The same authority is conferred

nance. on the district attorney of the City and

102, 103. -Certification of warrant. County of San Francisco by section 2 of

104-106. -Bond of contractor-Enforcechapter 3 of article V of its charter,

ment. Rocca v. Boyle, 166 Cal. 94, Ann. Cas. 1915B

107, 108. -Action

materialman 857, 135 Pac. 34.

upon

bond of contractor. 2. The district attorney has authority

109-112. Streets-Repair of bridges-Liabilunder section 4307 of the Political Code to

ity for safety. incur an expense in procuring the attend

113–118. Taxpayer's action. ance of an expert at the trial of a criminal action to state the result of certain experi- 1. Charter of.-A contract for the furmental blood tests made by him, and where nishing and delivery of printed forms and such expense is approved by the board of blanks for the use of the various offices and supervisors, its determination is not subject departments of the municipality of the city

by

and county of San Francisco is not a con- with respect to legal matters pertaining to tract for the doing of "work" for the city city business, where the city has by ordiand county within the meaning of article nance fixed the "salary and compensation" II, chapter 3, section 1 of the charter, which of that officer and provided therein that provides that "every contract for work to such salary "shall be in full compensation be performed for the city and county must for all services rendered."-Bridges v. Sierra provide that in the performance of the con- Madre, 27 Cal. App. 93, 148 Pac. 965. tract eight hours shall be the maximum 7. The words "general election" as conhours of labor on any calendar day, and that tained in section 32 of the charter of the the minimum wages of laborers employed city of Bakersfield, providing for referenby the contractor in the execution of his dum elections and requiring that a petition contract shall be three dollars a day," and protesting against the passage of an ordimandamus will lie to compel the mayor of nance must be "signed by electors of the said city and county to sign and execute city equal in number to twenty-five per such a contract, notwithstanding it fails to centum or more of the entire vote cast at contain such charter provision.-Neal Pub. the last general election," refer to the last Co. v. Rolph, 169 Cal. 190, 146 Pac. 659. general municipal election, not the last gen

2. A contractor undertaking to sell and eral state election. -- Bakersfield & Kern deliver to a city completed chattels or mer- Elec. Ry. Co. v. Hay, 29 Cal. App. 289, 155 chandise does not thereby undertake to Pac. 132. perform "work" for the city, and the city 8. In the absence of the holding of a genhas no interest therein until delivery eral municipal election since the adoption Neal Pub. Co. v. Rolph, 169 Cal. 190, 146 of such charter, the last general municipal Pac. 659.

election preceding such adoption governs. 3.

The mayor of the city and county of Bakersfield & Kern Elec. Ry. Co. v. Hay, 29 San Francisco is not the head of a depart- Cal. App. 289, 155 Pac. 132. ment patronizing any printing establishment 9. At the time of the adoption of the within the meaning of the resolution of the charter of the city and county of San Franboard of supervisors of such city and county cisco in 1900, the provision of section 2 of instructing the heads of departments to chapter 2 of article IX thereof to the effect patronize only printing establishments using that no officer, member or employee of the the label of the Allied Printing Trades Coun- fire department should be removed from cil of such city and county, and mandamus office except for cause and after trial, was will lie to compel him to sign and execute void by reason of its conflict with section a contract for the furnishing and delivery 16 of article XX of the constitution, which of printed blanks and forms, which has then provided that “when the term of any been previously awarded by the board of officer or commissioner is not provided for supervisors, notwithstanding the awarded in this constitution, the term of such officer party had not the right to use such label at or commissioner may be declared by law, the time of the presentation of the contract and if not so declared, such officer or comfor execution.-Neal Pub. Co. v. Rolph, 169 missioner shall hold his position as such Cal. 190, 146 Pac. 659.

officer or commissioner during the pleasure Such resolution is inconsistent, with of the authority making the appointment."sections 1 and 3 of chapter 3 of article II Spader v. Rolph, Jr., 29 Cal. App. 774, 156 of the charter regulating the matter of fur- Pac. 977. nishing stationery and supplies in the way 10. Such invalid provision of the San of printed blanks and forms to the munici- Francisco charter, however, was effectively pality.--Neal Pub. Co. v. Rolph, 169 Cal. 190, validated and given force and effect by the 146 Pac. 659.

amendment of November 3, 1914, to section 5. . -Construction of.-As between a mu- 842 of article XI of the constitution, giving nicipality and its officers, the charter defining municipal corporations governed by charters the duties of the officers and regulating the authority to provide for the tenure of their compensation is to be construed, in office and removal of municipal employees, case of doubt, to protect the treasury of the regardless of whether or not the amendment city, for claims against the treasury can of November, 1906, to section 16 of article not be sustained on doubtful implication, XX, providing that freeholders' charters and this is emphatically true where the off- should control in the matter of the dismissal cer claiming the compensation is the one from office of any officer or employee of a charged with the duty of advising the city municipality, had the effect of vivifying such concerning its legal obligations.—Bridges v. void charter provision.-Spader v. Rolph, Jr., Sierra Madre, 27 Cal. App. 93, 148 Pac. 965. 29 Cal. App. 774, 156 Pac. 977.

6. The city attorney of a city of the 11. Under the amendment to section 8 12 sixth class is not entitled to compensation, of article XI of the constitution, no change in addition to his fixed salary, for services in such section of the San Francisco charter rendered the municipality outside of the or re-enactment thereof was necessary in general duties of his employment, with the order to make it valid and constitutional.knowledge and consent of the board of trus- Spader v. Rolph, Jr., 29 Cal. App. 774, 15 tees but without any agreement as to extra Pac. 977. compensation, by virtue of the mere provi- 12. Such amendment does not mean that sion of section 879 of the Municipal Corpora- only such provisions of the charter as were tion Act, which prescribes the duty of such in accordance with the constitution are conofficer to be that of advising the city officers firmed and declared valid, as one of its plain

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