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1911 (which amendment is given in Biennial Supplement 1911 as
§ 4256[a]); amendment approved June 16, 1913, gives no indication
as to whether it was the Act of February 28, or that of April 27, 1911,
which was intended to be amended, Stats, and Amdts. 1913, p. 1227;
May 5, 1915, Stats. and Amdts. 1915, p. 346; May 28, 1917, Stats. and
Amdts. 1917, p. 1038. In effect July 27, 1917.

$ 4256a. FEES OF JURORS. In counties of the twenty-seventh class the fees and mileage of jurors shall be as follows: Grand jurors and trial jurors whenever summoned to attend before the superior court shall be paid three dollars per day 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 said court or in attending sessions of the grand jury, in going only. The court shall make an order directing the auditor to draw his warrant on the county treasurer for the amount due, and the treasurer shall pay the same; provided, however, that such jurors as shall be sworn to try issues in civil cases or special proceedings of a civil nature shall be paid as the court shall order except where otherwise provided by law.

History: Enacted May 28, 1917, Stats. and Amdts. 1917, p. 1042.
In effect July 27, 1917.

ARTICLE XXVIII.
COUNTIES OF THE TWENTY-EIGHTH CLASS.

§ 4257. SALARIES AND FEES OF OFFICERS OF. In counties of the twenty-eighth class the county and township 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 dollars per annum, and when a new great register of voters is required by law to be made, he shall receive three hundred dollars additional, which shall be in full for all services required in registering voters and making the great register; provided, that in counties of this class there shall be and is hereby allowed to the county clerk, a deputy who shall be appointed by said county clerk, who shall be paid a salary of one thousand two hundred dollars per annum, said salary to be paid in monthly installments at the same time, in the same manner, and out of the same fund as the county clerk is paid, said deputy to be in lieu of the deputy now allowed to the county clerk under subdivision nineteen of section four thousand two hundred fifty-seven of the Political Code of the State of California; provided, further, that it is expressly provided that in counties of this class where the number of judges of the superior court shall have been increased since the first day of January, eighteen hundred ninety-seven, or shall hereafter be increased, there must be and there hereby is allowed to the county clerk 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 as other county officers are paid.

2. The sheriff, five thousand one hundred dollars per annum, and he is hereby allowed, in addition thereto, one under-sheriff to be appointed by him, who shall receive one thousand two hundred dollars per annum, whose salary shall be paid by the county, in monthly installments, at the same time and in the same manner and out of the same fund as the sheriff is paid; provided, however, that said under-sheriff shall be in lieu of the deputy now allowed under subdivision nineteen of section four thousand two hundred fifty-seven of the Political Code of the State of California; provided, further, that in counties of this class where the number of judges of the superior court shall have been increased since the first day of January, eighteen hundred ninety-seven, 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.

Said sheriff shall also have for his own use all fees, commissions and mileage for the service of all papers served by him and issued without his county.

3. The recorder, three thousand two hundred dollars per annum, in full of all services, including filing and recording, mining and other location notices.

4. The auditor, two thousand dollars per annum, and he is hereby allowed one deputy to be appointed by him, who shall receive one thousand dollars per annum, whose salary shall be paid by the county, in equal monthly installments, at the same time and in the same manner as the auditor is paid. The county auditor shall charge and collect for the clerical service of making estimates of tax sales provided for in section three thousand eight hundred seventeen of this code the sum of twenty-five cents for each tax sale if the property is delinquent for two years or less; the sum of fifty cents for each sale if the property is delinquent for more than two years. If said estimates are returned to the auditor and redemptions made within thirty days from date of issue and prior to the change of penalty, as provided for in section number three thousand eight hundred seventeen of this code, the amount charged for making said estimates shall be refunded to the redemptioner. If the redemption is not made as herein provided then the sum charged for making the estimate shall be paid into the county treasury.

5. The treasurer, two thousand four hundred dollars per annum; provided, that all commissions received by the treasurer on the collection of inheritance taxes shall be paid into the county treasury.

6. The tax. and license-collector, two thousand dollars per annum in full compensation for all services, save and except that he be allowed a deputy, to be appointed by him, for eight months of each year, at a compensation of seventy-five dollars per month; the salary of said deputy to be paid by the county; provided, that all commissions and fees heretofore retained by the tax- and license-collector shall be paid into the county treasury.

7. The assessor, three thousand dollars per annum, and he is hereby allowed in addition thereto ten deputies, to be appointed by him, who shall each receive not to exceed four dollars per day while engaged in the performance of their duties; provided, that the amount paid for services of deputy assessors shall not exceed two thousand four hundred dollars in any one year; provided, that all commissions heretofore retained by the county assessor shall be paid into the county treasury.

8. The district attorney, two thousand one hundred dollars per annum, and he is hereby allowed in addition thereto one deputy appointed by him, who shall receive nine hundred dollars per annum; provided, that the district attorney is entitled to receive and retain for his own use fifteen dollars to be taxed as costs for each suit brought under the provisions of article six, chapter one, title eight of part three of the Political Code.

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

11. The superintendent of schools, one thousand eight hundred dollars per annum, and necessary expenses for traveling in visiting schools in the county, to be allowed by the supervisors of the county; and there shall be, and there is allowed to the superintendent in addition, a clerk or bookkeeper, who shall be appointed by the superintendent of schools, who shall be paid a salary of six hundred dollars per annum, said salary to be paid by such county in monthly installments at the time and in the same manner and out of the same fund as the salaries of county officers are paid.

12. The surveyor, ten dollars per day for all work performed for the county, and, in addition thereto, all necessary expenses and transportation for work performed in the field, which per diem and expenses shall be in lieu of all fees and per diem heretofore allowed by law.

13. [Population of townships.] For the purpose of regulating the compensation of justices of the peace and constables, townships in this class of counties are hereby classified according to their population, as shown by the federal census of one thousand nine hundred ten as follows: Townships having a population of three thousand and more shall belong to and be known as townships of the first class; townships having a population of two thousand five hundred and less than three thousand shall belong to and be known as townships of the second class; townships having a population of one thousand eight hundred and less than two thousand five hundred shall belong to and be known as townships of the third class; townships having a popula. tion of one thousand four, hundred twenty-five and less than one thousand four hundred fifty shall belong to and be known as townships of the fourth class; townships having a population of one thousand four hundred fifty and less than one thousand eight hundred shall belong to and be known as townships of the fifth class, and townships hav. ing a population of less than one thousand four hundred twenty-five shall belong to and be known as townships of the sixth class.

14. Justices of the peace shall receive the following salaries, which shall be paid monthly, in the same manner as the salaries of county officers are paid, out of the general fund of the county and which shall be in full for all services rendered by them in criminal cases, to wit: In townships of the first class, one hundred ten dollars per month; in townships of the second class, ninety dollars per month; in townships of the third class, seventy-five dollars per month; in townships of the fourth class, seventy-five dollars per month; in townships of the fifth class, fifteen dollars per month; and in townships of the sixth class, fifteen dollars per month. In addition to the monthly salaries herein allowed for services in criminal actions, cases and examinations, each justice of the peace may, for his own use, collect the following fees, and no other, in civil actions; provided, that the existing fee bill for the justices of the peace in counties of this class be repealed and the general fee bill of the State of California as provided for justices of the peace in section four thousand three hundred e of the Political Code be substitued therefor.

15. Constables shall receive the following salaries, which shall be paid monthly, in the same manner as the salaries of county officers are paid out of the general fund of the county, and which shall be in full of all services rendered by them in criminal cases, to wit: In townships of the first class, one hundred dollars per month; in town. ships of the second class, seventy-five dollars per month; in townships of the third class, seventy-five dollars per month; in townships of the fourth class, seventy-five dollars per month; in townships of the fifth class, fifteen dollars per month; and in townships of the sixth class, fifteen dollars per month. In addition to the monthly salaries herein allowed for services in criminal actions, cases and proceedings, each constable shall also be allowed all necessary expenses actually and properly incurred, in arresting and conveying prisoners to court or to prison, and also all necessary expenses actually incurred in the transportation of prisoners from prison to court, and the return of said prisoner to prison; and shall be allowed, also, for each mile actually traveled, both in going and coming in the service of subpænas, in criminal actions, per mile, ten cents; which said expense and mileage shall be audited and allowed by the board of supervisors as other claims against the county are audited and allowed, and shall be paid out of the county treasury.

[Fees.] In addition to the monthly salaries herein allowed for services in criminal actions and cases, each constable may, for his own use, collect the following fees, and no others, in civil actions:

For serving summons and complaint, for each defendant served, fifty cents.
For each copy of summons for service, when actually made by him, twenty-five cents.

For levying writ of attachment or execution, or executing order of arrest, or for the delivery of personal property, one dollar. For serving writ of attachment or execution on any ship, boat or vessel, three dollars.

For keeping personal property, such sum as the court may order; but no more than one dollar and fifty cents per day shall be allowed for a keeper when necessarily employed.

For taking bond or undertaking, fifty cents.

Actually and 9780 all necessart

For copies of writs and other papers, except summons, complaint and subpænas, per folio, ten cents; provided, that when correct copies are furnished to him for use, no charge shall be made for such copies.

For serving any writ, notice, or order, except summons, complaint and subpænas, for each person served, fifty cents.

For writing and posting each notice of sale of property, fifty cents.
For furnishing notice for publication, twenty-five cents.
For serving subpænas, each witness, including copy, twenty-five cents.
For collecting money on execution, one and one-half per cent.
For executing and delivering certificate of sale, fifty cents.
For executing and delivering constable's deed, one dollar and fifty cents.

For each mile actually traveled within his township in the service of any writ, order, or paper, in civil actions, in going only, per mile, twenty-five cents.

For traveling outside of his township to serve such writ, order, or paper, in civil actions, in going only, twenty-five cents per mile; provided, that a constable shall not be required to travel outside of his township to serve any civil process, order, or paper. No constructive mileage shall be charged, allowed, or paid in criminal or civil cases.

For each day's attendance in court, in civil cases, three dollars per day.

For executing a search warrant, two dollars; and for each mile necessarily traveled within his county in executing a search warrant, both in going and returning from the place of search, fifteen cents; said fee and mileage to be paid by the party demanding the search.

For summoning a jury, in civil cases, two dollars, including mileage.

For commissions for receiving and paying over money on execution without levy, or when the goods or land levied on shall not be sold, one per cent. The fees herein allowed for the levy of an execution, and for making or collecting the money on execution, shall be collected from the judgment debtor, by virtue of such execution, in the same manner as the sum herein directed to be paid.

16. [When new township formed.] It is expressly provided that in counties of this class, where a township has been created, or may hereafter be created out of any township, the population of which is shown in the federal census of nineteen hundred ten, the population of the newly created township and the population of the township from which the newly created township was taken shall be separately ascertained and determined by the board of supervisors in the following manner: By appointing a suitable person in each of such townships to take said census, and said census shall be taken by said person so appointed of all the inhabitants of each of said townships; the full name of each person shall be fully written, the names alphabetically and regularly numbered in one complete series, and when completed shall be verified before any officer authorized to administer oaths, and be filed with the county clerk, and thereupon the same shall be the official census of said town. ship or townships. The expense of taking said census shall be a county charge. From the taking of such census the salary of the justices of the peace and of the constables of the newly created township, and the township from which the newly created township was taken, shall be estimated and paid on the basis of the classification hereinbefore given under the federal census of nineteen hundred ten pro rata according to the population of the newly created and former township as shown by the census taken as hereinbefore provided to be ascertained and determined by the board of supervisors.

Payment of fees.] County officers must, and township officers may, demand the payment of all fees in advance. Justices of the peace shall, on or before the first Monday of each month, pay into the county treasury all moneys collected by them on fines imposed and collected and all moneys belonging to the county coming from any source.

17. [Supervisors.] Each member of the board of supervisors, one thousand five hundred dollars per annum and ten cents per mile, one way between residence and county seat, in attending upon all regular, special or adjourned meetings of the board of supervisors; provided, that the chairman of the board of supervisors may receive twenty-five cents per mile, one way, between residence and the county seat, when attending at the county seat for the single purpose of counting the money in the county treasury as required by law.

History: Original section, providing that district attorney shall be legal adviser to supervisors, enacted March 12, 1872; repealed and present section enacted March 18, 1907, Stats. and Amdts. 1907, p. 497, Kerr's Stats. and Amdts. 1906-7, p. 335; amended March 15, 1909, Stats, and Amdts. 1909, p. 380; February 28, 1911, Stats. and Amdts. 1911, p. 197, and again amended on April 29, 1911, Stats, and Amdts. 1911, p. 1230 (which amendment is given in Biennial Supplement 1911 and Cumulative Supplement 1906-1913 as $ 4257[a]); amendment approved April 10, 1915, does not indicate whether it was the Act of February 28, or April 29, 1911, which was intended to be amended, Stats. and Amdts. 1915, p. 31; May 28, 1917, Stats, and Amdts. 1917, p. 1016. In effect July 27, 1917.

ARTICLE XXIX.

COUNTIES OF THE TWENTY-NINTH CLASS.

$ 4258. SALARIES AND FEES OF OFFICERS OF. In counties of the twenty-ninth 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, three thousand five hundred dollars per annum and such fees as are now or may be hereafter allowed by law; provided, that in counties of this class there shall be and there is hereby allowed to the county clerk, one clerk, which office is hereby created, at a salary of one hundred dollars per month and who shall be appointed by the county clerk. The salary of said clerk herein provided for shall 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 county clerk is paid.

2. The sheriff, six thousand dollars per annum.
3. The recorder, three thousand five hundred dollars per annum,

4. The auditor, two thousand four hundred dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed to the auditor one clerk, which office is hereby created, at a salary of seventy-five dollars per month, and who shall be appointed by the auditor. The salary of said clerk herein provided for shall 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 auditor is paid.

5. The treasurer, two thousand four hundred dollars per annum.

6. The tax-collector, two thousand dollars per annum; provided, he shall have power to appoint one deputy at a salary of seventy-five dollars per month, payable at the same time and in the same manner as that of other county officers; and provided, further, that in counties of this class all the fees and commissions of every name and nature received by the tax-collector shall be paid into the county treasury.

7. The assessor, four thousand dollars per annum; provided, that in counties of this class there shall be and there is hereby allowed to the assessor one clerk, which office is hereby created, at a salary of one hundred dollars per month, and who shall be appointed by the assessor. The salary of said clerk herein provided for shall 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 assessor is paid. The assessor may also appoint five field clerks, which offices of field clerk are hereby created, to serve not exceeding sixty days in any one year, and said field clerks shall receive as compensation for all services performed as such, the sum of five dollars per day for each day actually and necessarily employed as such, to be paid out of the county treasury in the same manner, at the same time and out of the same fund as the salaries of the county officers are paid; provided, that each field deputy, when so

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