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actual and necessary expenses incurred by him in the performance of his official duties and shall pay into the county treasury all fees received by him in his official capacity from whatever source they may be derived.

4. The county auditor, three thousand six hundred dollars per annum, and said auditor may appoint one deputy auditor who shall receive a salary of one thousand eight hundred dollars per annum; also one deputy auditor who shall receive a salary of one thousand five hundred dollars per annum; also one deputy auditor who shall receive a salary of one thousand three hundred eighty dollars per annum; also two additional dep. uties for a period of six months in each year who shall each receive a salary of one hundred dollars per month; provided, that for the purpose of performing the work imposed upon him in connection with the annual assessment and collection of property taxes, the auditor may be allowed six additional deputies for a period of one month who shall each receive a salary of one hundred dollars per month and five additional deputies for a period of two months who shall each receive a salary of one hundred dollars per month. The deputies herein provided for shall be paid at the same time and in the same manner as is the county auditor; provided, that such auditor shall pay into the county treasury all fees received by him in his official capacity.

5. The county treasurer, three thousand six hundred dollars per annum, and said treasurer may appoint one deputy treasurer, who shall receive a salary of one thousand eight hundred dollars per annum. The premium on the bond of said deputy treasurer shall be paid by the county. All fees and commissions collected by him in his official capacity shall be paid into the county treasury; provided, that the county treasurer shall be entitled to retain for his own use the fees which are now or which may hereafter be allowed by the state law for the collection and payment to the state treasurer of inheritance taxes. Whenever the fees received on account of any one estate paying inheritance taxes shall exceed the sum of two hundred dollars such excess shall be by the county treasurer paid into the county treasury as in the case of fees received by him from other sources. The deputy herein provided for shall be paid at the same time and in the same manner and out of the same funds as is the county treasurer.

6. The tax-collector, three thousand six hundred dollars per annum, and said taxcollector may appoint one deputy tax-collector who shall receive a salary of one thousand eight hundred dollars per annum; one additional deputy tax-collector who shall receive a salary of one thousand five hundred dollars per annum; also twelve addi. tional deputy tax-collectors to serve as such only for a period of two and one-half months in each year, and who shall receive a salary of one hundred dollars each per month; also three additional deputy tax-collectors who shall serve as such only during two months of each year and who shall receive a salary of one hundred dollars each per month; also eleven copyists who shall serve only during one and one-half months of each year, and shall each receive a salary of eighty-five dollars per month. The deputies and copyists herein provided for shall be paid at the same time and in the same manner and out of the same funds as is the salary of the tax-collector; provided, that said tax-collector shall be allowed the actual and necessary expenses incurred by him in the performance of his official duties, including the making and compiling of the necessary indices to the assessment-roll, and shall pay into the county treasury all fees received by him in his official capacity from whatever source they may be derived.

7. The license.collector, fifteen per cent of the whole amount of license collected by him; provided, that the entire compensation of said license-collector shall not exceed the sum of one thousand five hundred dollars per annum.

8. The county assessor, three thousand six hundred dollars per annum; and said assessor may appoint one chief deputy assessor who shall receive a salary of one thousand eight hundred dolllars per annum; one supervising deputy assessor who shall receive a salary of one thousand six hundred dollars per annum; one office deputy assessor who shall receive a salary of one thousand five hundred dollars per annum; one searcher of records and office deputy to serve as such at a salary of one thousand five hundred dollars per annum; also twenty deputy assessors who shall serve as such during the months of March, April, May and June of each year, who shall each receive a salary of one hundred dollars per month, also five additional deputy assessors who shall serve as such only during the months of March, April, May, June and July of each year who shall each receive a salary of one hundred dollars per month; two copyists who shall each receive a salary of one thousand two hundred dollars per annum, and also five copyists to serve as such only during four months of each year who shall receive a salary of one hundred dollars each per month; provided, that the above salaries and compensations shall be in full for all services rendered by him as such assessor and that no commission for the collection of state or infirmary poll taxes or personal property taxes shall be retained by him but that all such commissions shall be paid into the county treasury. The deputies and copyists herein pro vided for shall be paid at the same time and in the same manner and out of the same fund as is the county assessor; provided, that the assessor shall be allowed the actual and necessary expenses incurred by him in the performance of his official duties.

9. The district attorney, three thousand six hundred dollars per annum; he may appoint a chief deputy at a salary of two thousand seven hundred dollars per annum; one assistant district attorney at a salary of two thousand one hundred dollars per annum; one assistant district attorney at a salary of one thousand eight hundred dollars per annum; and a deputy district attorney at a salary of one thousand eight hundred dollars per annum; one detective who shall serve at a salary of one thousand five hundred dollars per annum; provided, however, that no further or additional amounts shall be allowed for detective services without the previous consent and authority of the board of supervisors, and a clerk at a salary of one thousand two hundred dollars per annum, all of whom shall be paid in the same manner as said district attorney; provided, that said district attorney shall be allowed the actual and necessary expenses incurred by him in the performance of his official duties. All fees and commissions collected by him shall be paid into the county treasury.

10. The coroner and public administrator such fees as are now or may hereafter be allowed by law. Said coroner may appoint a deputy coroner to serve in the absence from the county or inability of the coroner to act; provided, that said deputy coroner shall receive only such fees as the coroner would receive if acting.

11. The county superintendent of schools, three thousand dollars per annum, and the said superintendent of schools may appoint a deputy superintendent of schools who shall receive a salary of one thousand three hundred twenty dollars per annum and the said superintendent of schools shall also be paid his actual traveling expenses when visiting the schools of the county. The deputy herein provided for shall be paid at the same time and in the same manner and out of the same fund as is the Superintendent of schools.

12. The county surveyor, the sum of three thousand six hundred dollars per annum; provided, that the increase over the salary heretofore allowed said county surveyor shall not take effect until the first Monday in January, 1919. Said surveyor may appoint a deputy surveyor who shall receive a salary of one thousand six hundred dollars per annum; also one deputy who shall receive a salary of one thousand three hundred twenty dollars per annum; and one deputy who shall be a draftsman whose duties shall include the preparation of maps for the county assessor at a salary of one thousand two hundred dollars per annum; one deputy at a salary of one thousand two hundred dollars per annum and one deputy at a salary of one thousand eighty dollars per annum; and one deputy at nine hundred dollars per annum. Such compensation and salaries as above set forth shall be in full for all services as such county surveyor, and all fees and compensation received or collected by him for surveying other than for the county, shall be paid into the county treasury; provided, that said county surveyor shall be allowed all necessary transportation and expenses incurred by himself or deputies for work performed in the field, and in the official discharge of his duties. Such salaries shall be paid at the same time and in the same manner as the salaries of other county officers are paid. Said surveyor shall also have power to appoint such inspectors as he may deem necessary, for the proper supervision of all roads and bridges under construction, and the compensation of said inspectors shall be a proper charge against the county.

13. The fish and game warden, one thousand two hundred dollars per annum and the actual and necessary expenses incurred by him in the performance of his official duties, not to exceed fifty dollars for any one month,

14. The board of supervisors may at any time grant such additional assistance, or pay for such additional employees or service as it deems necessary to perform any service required by or in connection with any of the foregoing county offices in counties of this class.

15. [Justices of the peace.] In counties of this class, justices of the peace shall be compensated as follows, and all salaries shall be payable monthly in the same manner as the salaries of county officers are paid, viz:

(1) In townships having a population of twenty thousand or more, justices of the peace shall each receive a salary of two hundred fifty dollars per month as full com. pensation for all services rendered by them, except as hereinafter provided; provided, however, that in all such townships having a population of twenty thousand or more, there shall be two township justices of the peace in and for any such township, and said justices shall each be allowed a clerk to be appointed by the justices of the peace at a salary of one hundred dollars per month, each, payable monthly in the same manner as salaries of county officers are paid, and shall be furnished with offices and necessary supplies by the board of supervisors.

(2) In townships having a population of five thousand and less than twenty thousand, justices of the peace shall each receive a salary of one hundred thirty-seven dollars and fifty cents per month for all services rendered by them, except as hereinafter provided.

(3) In townships having a population of four thousand four hundred and less than five thousand, justices of the peace shall each receive a salary of one hundred thirty-five dollars per month as full compensation for all services rendered by them, except as hereinafter provided.

(4) In townships having a population of two thousand five hundred and less than four thousand four hundred, justices of the peace shall each receive a salary of seventyfive dollars per month as full compensation for all services rendered by them except as hereinafter provided.

(5) In townships having a population of two thousand two hundred fifty and less than two thousand five hundred, justices of the peace shall each receive the sum of sixty dollars per month as salary for all services rendered in both civil and criminal cases. All fees collected by them shall be paid monthly by them into the county treasury.

(6) In townships having a population of one thousand and less than two thousand five hundred, justices of the peace shall each receive a salary of fifty dollars per month as full compensation for all services rendered by them, except as hereinafter provided.

(7) In townships having a population of less than one thousand, justices of the peace shall each receive a salary of thirty dollars per month as full compensation for all services rendered by them, except as hereinafter provided.

Justices of the peace in all townships in counties of the fourth class shall be permitted to receive and retain for their own use, fees for celebrating marriages and returning certificates thereof, but all other fees shall be collected by them and by them paid into the county treasury at least once a month.

16. [Constables.] In counties of this class constables shall be compensated as follows, and all salaries herein provided shall be paid in the same manner as the salaries of county officers are paid, viz:

(1) In townships having a population of twenty thousand or more, constables shall each receive a salary of one hundred dollars per month for all services rendered by them in criminal cases. As compensation for all services rendered in civil cases and all other matters wherein they may charge fees for their services, a constable may collect and retain for his own use as his compensation such fees as are now, or may hereafter be allowed by law.

(2) In townships having a population of five thousand and less than twenty thousand, constables shall each receive the sum of seventy-seven dollars and fifty cents per month as a salary for all services rendered by them in criminal cases. As compensation for all services rendered by them in civil cases and in all other matters wherein they may charge fees for their services, a constable may collect and retain for his own use as his compensation such fees as are now or may hereafter be allowed by law.

(3) In townships having a population of four thousand four hundred and less than five thousand, constables shall each receive the sum of seventy-seven dollars and fifty cents per month as a salary for all services rendered by them in criminal cases, civil cases and in the performance of all other duties imposed upon them by law. All fees chargeable and collectible in both criminal cases, civil cases, and in all other cases wherein fees are chargeable by constables, they shall collect in advance and pay monthly into the county treasury.

(4) In townships having a population of two thousand five hundred and less than four thousand four hundred, constables shall each receive the sum of sixty dollars per month as a salary for all services rendered by them in both civil and criminal cases. All fees collected by them in civil and criminal cases shall be paid monthly by them into the county treasury. For all services performed by them, they may charge and retain for their own use such fees as are chargeable at law.

(5) In townships having a population of two thousand two hundred fifty and less than two thousand five hundred, constables shall each receive the sum of sixty dollars per month as salary for all services rendered in both civil and criminal cases. All fees collected by them shall be paid monthly by them into the county treasury.

(6) In townships having a population of one thousand and less than two thousand two hundred fifty, constables shall each receive the sum of forty dollars per month as salary for all services rendered in criminal cases. All fees collected by them in criminal cases shall be paid monthly by them into the county treasury. For all other services performed by them they may charge and collect for their own use such fees as are allowed by law.

(7) In townships having a population of less than one thousand, constables shall each receive the sum of thirty dollars per month as a salary for all services rendered by them in criminal cases. All fees collected by them in criminal cases shall be paid monthly into the county treasury. For all other services performed by them they may charge and collect for their own use such fees as are allowed by law.

Constables shall be allowed all necessary expenses incurred in conveying prisoners.

[Population of townships. ] The population herein referred to in classifying townships for the purpose of regulating the compensation of justices of the peace and constables shall be the population found and determined by the federal census taken in the year 1910; provided, however, that a township census may be taken for the purpose of establishing the official census of such township in the manner hereinafter specified and when so taken, such census shall be known as and shall become the official census of such township in which it is taken and the population therein determined shall be and become the official population of such township. Whenever there shall be presented to the board of supervisors of the county a petition signed by the qualified electors of any township or townships in number equal to twenty-five per cent of the votes cast at the preceding general election, praying that said township or townships may be allowed to take the census of said township or townships for the purpose of ascertaining the population therein contained, the board of supervisors may order such census to be taken by one or more suitable persons appointed therefor by the board of supervisors and such census shall be taken by such persons so appointed, of all of the inhabitants of such township or townships. The full name of each person shall be plainly written, the names alphabetically arranged and regularly numbered in one complete series and when completed, shall be verified by the proper official authorized to administer oaths and be filed with the county clerk and thereupon, the same shall be known and shall be the official census of said township or townships.

17. Each supervisor, two thousand four hundred dollars per annum and mileage of ten cents per mile for each mile actually traveled in going to and from their residence to the county seat or in the performance of the duties required of them by law or by virtue of their office; provided, that in attending sessions of the board only four mileages shall be allowed for each month and that the total mileage allowed shall not exceed five hundred dollars in any one calendar year; provided, that nothing in this subdivision shall be deemed to affect the compensation or mileage of any incumbent supervisor, but said incumbent shall be paid such compensation and allowed such mileage as is now provided and allowed by law.

18. The fees of grand jurors and trial jurors in the superior courts of said counties of the fourth 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 appropriation for the payment of the fees herein provided for.

History: Enacted March 18, 1907, Stats, and Amdts. 1907, p. 433, Kerr's Stats. and Amdts. 1906-7, p. 273; amended March 15, 1909, Stats. and Amdts. 1909, p. 373; February 28, 1911, Stats, and Amdts. 1911, p. 121, again amended on May 1, 1911 (given in Biennial Supplement 1911, as $ 4233[a]); the Act of May 1, 1911, was amended June 16, 1913, Stats. and Amdts. 1913, p. 1218; amended May 24, 1915, Stats. and Amdts. 1915, p. 790; May 28, 1917, Stats, and Amdts. 1917, p. 1260.

In effect July 27, 1917. 1. Construction.—The circumstance that ernment of the United States of America in section 4233 of the Political Code, which all matters pertaining to the naturalization fixes the compensation of county officers of of aliens," was not an expression of the counties of the fourth class (Santa Clara), legislative will that the county clerk of at one time declared that the county clerks every other county in the state might retain of counties of that class must pay into the fees collected in naturalization proceedings treasury all fees received by him in his offi- for his personal use or benefit.-County of cial capacity from whatever source derived, Alameda v. Cook, 32 Cal. App. 175, 162 Pac. and that such section was amended in 1911 405. to read "including fees allowed by the gov

ARTICLE V.

COUNTIES OF THE FIFTH CLASS.

§ 4234. SALARIES AND FEES OF OFFICERS OF. In counties of the fifth 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, three thousand four hundred dollars per annum; he shall have one deputy at a salary of two thousand dollars per annum, one deputy at a salary of one thousand eight hundred dollars per annum; six deputies at a salary of one thousand five hundred dollars per annum each; three deputies at a salary of one thousand two hundred dollars per annum each, one of whom shall be a competent stenographer. He shall also have two additional deputies for a period of not to exceed ten months during each and every even-numbered year, at a salary of eighty dollars per month each during their said employment and four copyists for a period not to exceed six months during each and every even-numbered year, such copyists to receive a salary of sixty dollars per month during their said employment and also for any such evennumbered years shall appoint such deputies in the county as are necessary for the purpose of registering electors, such deputies to receive five cents per name for each elector legally registered by them. The county clerk shall pay into the county treasury

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