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than five thousand and not less than two thousand five hundred, twentyfive dollars per month; (5) in townships having a population of less than two thousand five hundred, ten dollars per month; provided, that each constable shall receive his actual and necessary expenses incurred in conveying prisoners to the county jail. In addition to the compensation received in criminal cases, each constable shall receive and retain for his own use, such fees as are now or may hereafter be allowed by law for all services performed by him in civil actions.

15. Supervisors. Supervisors, five hundred dollars each per annum, and mileage at the rate of ten cents per mile in going to and coming from the place of meeting of the board, not more than four board meetings per month; and as road commissioner, four dollars per day, not to exceed six hundred dollars per annum in the aggregate.

16. Live-stock inspector. A. live-stock inspector, nine hundred dollars per annum, which shall be in full payment for all services rendered by said inspector.

17. Population of townships. For the purposes of subdivisions 13 and 14 of this section, the population of the several judicial townships shall be determined by the United States census taken in 1910; provided, that the board of supervisors of said county may each four years thereafter cause a census of any or all townships in the county to be taken for the purpose of determining the population of said township or townships upon which to base the salaries of justices of the peace and constables.

18. Jurors. In counties of this class grand and trial jurors in superior courts shall receive for each day's attendance, per day the sum of two dollars. In justices' courts in civil cases jurors shall receive for each day's attendance per day the sum of two dollars. In justices' and recorders' courts in criminal cases jurors shall receive for each day's attendance per day the sum of one dollar and fifty cents. And all jurors shall receive for each mile actually and necessarily traveled from their residences to the place of service, in going only, the sum of fifteen cents per mile, such mileage to be allowed but once during any session of the court where such jurors serve; provided, that the fees of all trial jurors in civil cases shall be paid by the litigants as other costs are paid, and jurors in criminal cases in recorders' courts shall be paid by the municipality in which such court is or may be established.

19. Constitutionality. If any paragraph, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The legislature hereby declares that it would have passed this section and each paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one or more paragraphs, sentences, clauses or phrases is declared unconstitutional. [Amendment approved 1915; Stats. 1915, p. 1029.]

Legislation § 4243. 1. Enacted by Stats. 1907, p. 466; based on former County Gov. Act 1897, p. 523, § 171, as amended by Stats. 1905, p. 670. 2. Amended by Stats. 1909, p. 322; the amendatory act containing a seetion reading, "See. 2. Except as to subdivisions thirteen and fifteen, this act shall not take effect until the expiration of the present term of officers hereinabove enumerated." 3. By Stats. 1911, p. 161. 4. By Stats. 1911, p. 1118. 5. By Stats. 1913, p. 1260. 6. By Stats. 1915,

p. 1029. Original § 4243 enacted March 12, 1872; repealed by Stats. 1907, p. 354; partially embraced in present § 4139, ante.

§ 4243a. Jurors, compensation of. [Repealed 1911; Stats. 1911, p. 253.] Legislation § 4243a. 1. Added by Stats. 1909, p. 354. 2. Repealed by Stats. 1911, p. 253.

ARTICLE XV.

Counties of the Fifteenth Class. [Humboldt.]

§ 4244. Salaries and fees of officers of.

§ 4244. Counties of fifteenth class, salaries of officers. In counties of the fifteenth class, the county and township 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. County clerk. The county clerk shall receive three thousand six hundred dollars per annum; provided, that in counties of this class there shall be, and there hereby is allowed to the county clerk, the following clerks, deputies and employees who shall be appointed by the county clerk and shall be paid salaries as follows: Two deputies at a salary of one hundred twenty-five dollars per month each; one deputy at a salary of seventy-five dollars per month, and one stenographer and one copyist at a salary of sixty dollars per month each.

2. Sheriff. The sheriff shall receive four thousand eight hundred dollars per annum; and there shall be and there is hereby allowed to the sheriff the following deputies, who shall be appointed by the sheriff and shall be paid salaries as follows: One chief deputy sheriff at a salary of one thousand eight hundred dollars per annum; one courtroom deputy at a salary of one thousand two hundred dollars per annum; one deputy sheriff to act as jailer, at a salary of one thousand two hundred dollars per annum. The salaries of the deputies herein provided for 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 salary of the sheriff is paid.

3. Recorder. The recorder, two thousand five hundred dollars per annum, and there shall be and there is hereby allowed to the county recorder two deputies who shall be appointed by the recorder and shall be paid a salary of nine hundred dollars per annum each. The recorder shall collect and pay into the county treasury the fees required by law; provided, that whenever the amount of the fees so collected in any one month shall exceed the sum of four hundred dollars, the recorder may in addition to his salary, retain for his own use, one-half of all such

excess.

4. Auditor. The auditor shall receive two thousand seven hundred dollars per annum, and there is hereby allowed to the auditor three deputies who shall be appointed by the auditor, one who shall be paid one thousand eighty dollars per annum and one who shall be paid one thousand dollars per annum, and one from August 15th to October 15th inclusive of each year, who shall be paid sixty dollars per month; and it is further provided, that if the board of supervisors in any year shall act, order or direct the auditor to prepare and compile its annual statistical report, and on so performing such services and in that event, be

allowed the further sum of three hundred dollars payable upon the completion and acceptance of said report.

5. Treasurer. The treasurer shall receive two thousand four hundred dollars per annum; and there is hereby allowed to the treasurer one deputy to be appointed by him who shall receive a salary of six hundred dollars per annum which 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 salary of the treasurer is paid.

6. Tax-collector. The tax-collector shall receive two thousand eight hundred dollars per annum; and there shall be and there hereby is allowed to the tax-collector one deputy who shall be appointed by the tax-collector and shall receive a salary of one hundred dollars per month. 7. License-collector. The license-collector shall receive ten per cent of all licenses collected by him.

8. Assessor. The assessor shall receive four thousand dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the assessor the following deputies, clerks and assistants to be appointed by said assessor, which positions are hereby created and the salaries of which are hereby fixed as follows: One chief deputy assessor, eighteen hundred dollars per annum; one office deputy assessor, seven hundred twenty dollars per annum; eight field deputy assessors for not exceeding four months in every [any] one year, one hundred twenty-five dollars each per month; four field deputy assessors for not exceeding three months in every one year, one hundred twenty-five dollars per month; three copyists for not exceeding three months in any one year, eighty dollars per month; and such additional assistants as the assessor may require, and whose compensation shall not in the aggre gate, exceed the sum of fifteen hundred dollars per annum, said additional assistants to be paid for their services on the presentation and filing with the board of supervisors of said county a duly verified claim or claims therefor. Said assessor may employ such assistants as may be necessary in making maps, plats and drawings essential for the use in the assessor's office in the performance of his duty, and the expense thereof shall be a charge against the county. It is hereby further provided that the said assessor shall retain no commission for the collection of personal property taxes, state poll-taxes or road poll-tax, but that all such claims shall be paid into the county treasury and become the property of the county.

9. District attorney. The district attorney shall receive three thousand six hundred dollars per annum, and said district attorney while in receipt of said salary shall be disqualified from engaging in the practice of law in any and all of the courts of this state, in any action or cause wherein the county in which he is elected and serves or the state of California is not a party or parties; and there is hereby allowed to the district attorney one deputy to be appointed by him who shall receive a salary of eighteen hundred dollars per annum, and one stenographer who shall receive a salary of seven hundred twenty dollars per

annum.

10. Coroner. The coroner shall receive such fees as are now, or may hereafter be allowed by law.

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11. Administrator. The public administrator shall receive such fees as are now, or may hereafter be allowed by law.

12. Superintendent of schools. The superintendent of schools, two thousand five hundred dollars per annum; and there shall be and there is hereby allowed to the superintendent of schools, one deputy, who shall be appointed by the superintendent of schools, and shall be paid a salary of nine hundred dollars per annum.

13. Surveyor. The surveyor shall receive two thousand dollars per annum, and necessary traveling expenses while in the performance of the duties of his office.

14. Supervisors. Each supervisor, twelve hundred dollars per annum, and mileage at twenty cents per mile, for all distances traveled by him as supervisor or as road commissioner; such mileage not to exceed, in any one year, the sum of one thousand dollars.

15. Reporter. The official shorthand reporter shall receive two thousand dollars per annum for the department of the superior court to which he has been appointed. Whenever one reporter shall be appointed to, and shall perform the duties required of the official shorthand reporter. for more than one department of said superior court, he shall receive a salary therefor of two thousand five hundred dollars per annum. In addition thereto, he shall receive for transcribing notes, the sum of ten cents per folio, for the original, and five cents per folio for all copies thereof.

16. Justices of the peace. Justices' fees. In townships having a population of seven thousand or over, two justices of the peace shall be elected, and each shall receive a salary of one hundred and twenty-five dollars per month. In townships having a population less than seven thousand and over four thousand there shall be but one justice of the peace elected and he shall receive a salary of fifty dollars per month. In all other townships there shall be but one justice of the peace who shall receive a salary of twenty dollars per month. All justices in counties of this class shall collect in civil cases only, the following fees, to wit:

(1) For all services before trial or entry of judgment, by default or confession, two dollars and for all additional services in such action, including execution and satisfaction of judgment, two dollars.

(2) For the trial of civil actions and all proceedings subsequent thereto, three dollars.

(3) For certificate and transmitting papers and transcript on appeal, one dollar.

(4) For copies of papers on docket per folio, ten cents.

(5) For issuing a search-warrant, the fee to be paid by the party demanding the same, one dollar.

(6) For celebrating a marriage, and returning a certificate thereof to the county recorder, five dollars.

(7) For taking an acknowledgment of an instrument, for the first name fifty cents, and for each additional name twenty-five cents.

(8) For administering an oath, and certifying the same, fifty cents. (9) For issuing a commission to take testimony, one dollar. (10) For all services connected with the posting of estrays, one dollar.

(11) For issuing each affidavit, certificate, process, writ, order, or paper required by law to be issued, not otherwise herein provided for, twentyfive cents.

(12) For taking bail in all proceedings, pending before another magistrate, fifty cents.

All such fees collected by such justice shall be paid into the general fund of the county treasury.

17. Constables. Fees. In townships having a population of seven thousand or over, two constables shall be elected and each shall receive a salary of forty dollars per month. In townships having a population less than seven and over four thousand, there shall be but one constable elected, and he shall receive a salary of twenty-five dollars per month. In all other townships there shall be but one constable who shall receive twenty dollars per month. All constables in addition to the salaries above provided for, shall receive and collect, for their own benefit, in civil cases only, the following fees, to wit:

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(1) For serving summons and complaint, for each defendant served, fifty cents.

(2) For each copy of summons made by him, twenty-five cents. (3) For levying writ of attachment or execution, or executing an order of arrest, in a civil case or for delivery of personal property, two dollars.

(4) For serving a writ of attachment or execution on any ship, boat, or vessel, three dollars.

(5) For keeping personal property, such sum as the court may order, but no more than two dollars fifty cents per day, for a keeper, when necessarily employed.

(6) For taking a bond or undertaking, one dollar.

(7) For copies of writs or other papers, except summons, complaints, and subpoenas, per folio fifteen cents; provided, that when correct copies are furnished him for use, no charges shall be made for such copies. (8) For serving any writ, notice or order, except summons, complaint, or subpoena, for each person served, fifty cents.

(9) For writing and posting each notice of sale of property, fifty

cents.

(10) For furnishing notice of publication, twenty-five cents.

(11) For serving subpoenas, each witness including copy, fifty cents. (12) For collecting money on execution two and one-half per cent. (13) For executing and delivering certificate of sale, fifty cents. (14) For executing and delivering constable's deed, two dollars and fifty cents.

(15) For each mile actually traveled within his county in the service of any civil suit, order, or paper, in going only, per mile, twenty-five cents. No constructive mileage shall be allowed.

(16) For each mile necessarily traveled within his county, in executing a warrant of arrest, both in going to and returning from the place of arrest, fifteen cents; and the actual cost of the transportation of the prisoner or prisoners from the place of arrest to the justice's court, and the necessary expense of assistance; provided, that for traveling in performance of two or more official services at the same time, including the service of criminal process, but one mileage shall be charged.

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