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Fifth-Of Butte, seventeen hundred dollars.

Sixth-Of Nevada, two thousand dollars; and of Colusa, eighteen hundred dollars.

Seventh Of Sonoma, eighteen hundred dollars.

Eighth Of El Dorado, Placer, Amador, Marin, Contra Costa, Tuolumne, Napa, Yolo, Yuba, and Santa Cruz, fifteen hundred dollars.

Ninth Of Mariposa, Merced, San Mateo, Shasta, Siskiyou, Stanislaus, Tehama, Fresno, Kern, Mendocino, San Luis Obispo, Santa Barbara, Tulare, San Diego, and Plumas, twelve hundred dollars.

Tenth Of Monterey, Sutter, Trinity, Sierra, and Calaveras, one thousand dollars.

Eleventh Of Inyo, and Lassen, eight hundred dollars. Twelfth-Of Del Norte, Humboldt, Klamath, Lake, and San Bernardino, seven hundred dollars.

Thirteenth Of Alpine, six hundred dollars. Fourteenth Of Mono, five hundred dollars. 12, 1872. Am'd. 1871-2, 653.

Cal.Rep.Cit. 45, 49.

En. March

§ 4331. Continuing acts fixing salaries and fees of county officers. Nothing in this code not contained in this chapter affects any of the provisions of the statutes relating to the compensation, salaries, or fees of county or township officers; but all such statutes are recognized as continuing in force, notwithstanding the provisions of this code, except so far as they are affected by or are inconsistent with the provisions of this chapter. En. March 12, 1872. Cal.Rep.Cit. 50, 118.

§ 4332. Officer not to perform service unless fees are paid. The officers mentioned in this title are not in any case, except for the state or county, to perform any official services, unless upon the prepayment of the fees prescribed for such services, except as in the succeeding section provided by law; and on such payment the officer must perform the services required. For every failure or refusal to perform official duty when the fees are tendered, the officer is liable on his official bond. En. March 12, 1872.

Cal.Rep. Cit. 57, 506.

§ 4333.

No charge to be made in proceedings on habeas corpus. No fee or compensation of any kind must be

Pol. Code-43

charged or received by any officer for duties performed or services rendered in proceedings upon habeas corpus. En. March 12, 1872.

In all cases in

§ 4334. Fees to be paid to treasurer. which any provision of law authorizes an officer who receives a salary to perform an official act, and he performs such act, all fees chargeable for the performance of such act shall be collected by him and paid over to the treasurer or other officer authorized by law to receive the same. En. Stats. 1891, 67.

Cal.Rep.Cit. 104, 66.

CHAPTER V.

OTHER COUNTY CHARGES.

§ 4343. County charges to be audited. Enumeration of county charges.

§ 4344. 4345. 4346.

4347.

Costs on removal of criminal actions.
Proceedings in collection of such costs.
Actions to which such provisions apply.

4348. Officers entitled to fees. Compensation of supervisors.

§ 4343. County charges to be audited. Accounts for county charges of every description must be presented to the board of supervisors to be audited, as prescribed in article III, [chapter II] title II, part IV, of this code. En. March 12, 1872.

Presenting accounts for county charges to be audited: See article III of chapter II, and especially ante, secs. 40724074.

§ 4344. Enumeration of county charges. The following are county charges:

1. Charges incurred against the county by virtue of any provision of this title;

2. The compensation of the district attorney, and all expenses necessarily incurred by him in criminal cases arising within the county;

3. The compensation allowed by law to sheriffs and constables for executing process on persons charged with criminal offenses; for services and expenses in conveying criminals to jail; for service of subpoenas issued by district attorneys, and for other services in relation to criminal proceedings for which no specific compensation is prescribed by law;

4. The expenses necessarily incurred in the support of persons charged with or convicted of crimes and committed therefor to the county jail;

5. The sums required by law to be paid to grand jurors and indigent witnesses in criminal cases;

6. The accounts of the coroner of the county for such services as are not provided to be paid otherwise;

7. All charges and accounts for services rendered by any justice of the peace for services in the examination of persons charged with crime not otherwise provided for by law;

8. The necessary expenses incurred in the support of county hospitals, and the indigent sick and the otherwise dependent poor whose support is chargeable to the county; 9. The contingent expenses necessarily incurred for the use and benefit of the county;

10. Every other sum directed by law to be raised for any county purpose under the direction of the board of supervisors, or declared to be a county charge;

11. The salary of the commissioner of highways must be paid at the close of each quarter. En. March 12, 1872. Am'd. 1880, 104.

Cal.Rep.Cit. 56, 4; 67, 336.

Amendment of 1880 declared unconstitutional: note to sec. 4000. Section in force inserted above.

See

§ 4345. Costs on removal of criminal actions. When a criminal action is removed before trial, the costs accruing upon such removal and trial shall be a charge against the county in which the indictment was found. En. Stats. 1873-4, 175.

§ 4346. Proceedings in collection of such costs. The clerk of the county to which such action is removed shall certify the amount of costs allowed and certified by the court to the auditor of his county, and such auditor shall audit the same and draw his warrants therefor upon the treasurer of the county from which such action was removed, and such auditor shall forward to said treasurer and auditor of the county from which said action was transferred as aforesaid, a certified copy of the total amount of costs allowed by the court, giving each item as certified to him by the county clerk and the court; and the

auditor receiving such certified copy of said costs allowed, shall enter the same in his books as a charge against the treasurer of his county, and the county treasurer of the county from which such action was removed must immediately upon presentation pay said warrant out of the general fund of said county; or if at the time of presentation there is not sufficient moneys in the said general fund to pay the same, he must indorse upon said warrant, "Not paid for want of funds," and said warrant must be registered, and shall draw interest at the same rate and be paid in the same manner as though it had been drawn by the auditor of the county where the indictment was found. En. Stats. 1873-4, 175.

§ 4347. Actions to which such provisions apply. Sections four thousand three hundred and forty-five and four thousand three hundred and forty-six of this code shall apply to all criminal actions which have been or may be removed for trial since the first day of January, eighteen hundred and seventy-three. En. Stats. 1873-4, 176.

§ 4348. Officers entitled to fees. Compensation of supervisors. The county surveyor, coroner, and justices of the peace, and constables, receive fees and commissions which are prescribed by law, which fees and commissions shall be in full payment for all services rendered by them. Each member of the board of supervisors shall receive five dollars a day for each day necessarily employed in attending the sessions of the board, and twenty cents a mile in traveling to and from his residence to the county seat; provided, that no charge shall be made for more than one trip at term of the board; and provided further, that such per diem and mileage shall not exceed in the aggregate the sum of eight hundred dollars per annum for any one of such supervisors. En. Stats. 1880, 104.

Cal.Rep.Cit. 56, 4.

Amendment of 1880, by which this section was added, was declared unconstitutional: See ante, sec. 4000, note.

TITLE III.

THE GOVERNMENT OF CITIES.

Chapter I. Cities as Bodies Corporate, §§ 4354-4374.

4354. 4355. § 4356.

§ 4357.

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V.

Certain Statutes Relating to Cities and Towns and Existing Corporations

§§ 4442.

Continued.

VI. Funding and Refunding of City Indebtedness. 88 4445-4449.

CHAPTER I.

CITIES AS BODIES CORPORATE.

City is body politic and corporate; powers.
Distribution of powers.

City declared by legislature.

Boundaries, how changed.

§ 4358. 4359.

§ 4360.

4361.

§ 4362.

4363.

4364. 4365.

§ 4366.

4367.

§ 4368. § 4369.

§ 4370.

§ 4371.

4372.

4373. 4374.

Petition to supervisors. (Repealed.)

Undertaking for expenses of election.

(Repealed.)

(Repealed.)

Supervisors to order an election. (Repealed.)
Notice of election, etc. (Repealed.)
Ordinance approving such annexation.
Order of supervisors, etc. (Repealed.)

Expenses of election, how paid. (Repealed.)

Certified copies of ordinance to be transmitted and filed. (Repealed.)

Act to fix time of the first election.

Notice of election and canvass of returns.

Who are entitled to vote at city elections.

Common council to provide for election and appointment

of city officers.

Elective officers of cities.

Direct taxes limited.

Condemnation of private property for city use.

Vacancies in office.

Official oaths and bonds.

4354. City is body politic and corporate; powers. A city is a body politic and corporate, with the general powers of a corporation, and the powers specified or necessarily implied in this title or in special laws. En. March 12, 1872.

City, what constitutes: Post, sec. 4356.

Municipal corporation act: See General Laws, title Municipal Corporations.

4355. Distribution of powers. fative, executive, and judicial power.

Every city has legis

Its legislative power

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