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[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 insti. tutions, 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.
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.
1. Amendment of 1909—Effect of.-An Game License Act, fixing the salary of the amendment to this section and section 4235, county clerk and declaring the same to be subdivision 1, made after the passage of the in full compensation for all services of every 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 sherif-Change darIng 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.
REGULATIONS CONCERNING FEES.
$ 4292. Fees to be paid into county treasury.
$ 4295. Official services and fees, payment. 8 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.
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.
1. Construction.-Fees received by county clerks under the federal statute in natural ization proceedings come within the cate. gory 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 näturalization, 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 8 217 County Government Act, Hen. G. L., p. 335); amended May 25, 1917, Stats, and Amdts. 1917, p. 937. In effect July 27, 1917.
$ 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.
8 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,
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