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be paid to the county treasurer on the first Monday in the following month, and must be accompanied by a statement of the aggregate amount thereof, as shown by the fee book, duly verified by the officer making such payment. The affidavit shall be in the following form: “I, A. B., county clerk (or other officer, as the case may be), do swear that the fee book 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, for the month of- A. D.
and that said fee book shows a full amount received or chargeable in said month, and since my last monthly payment; and neither myself, nor to my knowledge or belief, any of my deputies or assistants have rendered any official service, except for the county, which is not fully set out in said fee book, and that the foregoing statement thereof is true and correct."
The treasurer shall file and preserve in his office said statements and affidavit.
Section 167 of act of 1883, and section 219 of acts of 1891 and 1893. Salary fund.
SEC. 219. For the purpose of paying the salaries provided for in this act, all fees directed to be paid into the county treasury shall be set apart therein as a separate fund, to be known as the salary fund, to be applied to the payment of said salaries. Should the amount received from such source be insufficient, it shall be the duty of the county treasurer from time to time to transfer to said fund from the general fund of the county such sums as may be necessary to pay said salaries as they become due.
Section 168 of act of 1883, and section 220 of acts of 1891 and 1893.
Salaries are to be paid monthly, section 156. See note under next section.
SEC. 220. The salaries of such officers named in this act as are entitled to salaries shall be paid monthly out of the county treasury, and it shall be the duty of the auditor, on the first Monday of each and every month, to draw his warrant upon the county treasurer in favor of each of said officers for the amount of salary due him under the provisions of this act for the preceding month; except that onehalf of the annual salary of the assessor shall be paid to him in equal monthly installments for the months of March, April, May, and June, and onehalf in equal monthly installments for the remaining eight months of the year. The treasurer shall pay said warrants on presentation out of the salary fund of the county treasury.
Section 169 of act of 1883, and section 221 of acts of 1891 and 1893.
It is to be understood that by the naming of a fixed sum as the annual salary of an officer, it is intended to fix the rate of compensation for the period the officer serves, for it can never happen that the term will consist precisely of so many years.
Hence when it was provided by the county government act of 1891, that certain county officers whose compensation was fixed at an annual sum, should hold office from the first Monday after the first day of January next succeeding their clection, and until their successors qualified, such officers were entitled for the time they actually served. Section 60 of that act repealed section 4109 of the Political Code, which provided merely that the officers should hold for a term of two years from the first Monday after the first day.)f January succeeding their election. Section 221 of the said act of 1891, is not inconsistent with said section 60. It may and does happen that the first of January is Monday, and in that event the term of office would not expire until the second Monday, and notwithstanding the auditor is required to draw his warrant on the first Monday in each month for the official salaries of the preceding month, the officer whose term does not expire with the first day of the month is entitled also to a warrant for the time he actually serves after that date. Dillon v. Bicknell
, 47 Pac. Rep. 937. Officers are required to complete the business of the office to the end of the term. Section 226, post. Statement of fees must precede warrant for
SEC. 221. The auditor shall not draw his warrant for the salary of any such officer for any month until the latter shall first have presented him with the certificate of the county treasurer, showing that he has made the statement and settlement for that month required in this act.
Section 170 of act of 1883, and section 222 of acts of 1891 and 1893. Official services and fees.
SEC. 222. The officers mentioned in this act are not in any case, except for the state or couuty, to perform any official services, unless upon the prepayment of fees prescribed for such services, except in cases on habeas corpus and for naturalization, 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.
Section 171 of act of 1883, and section 223 of acts of 1891, 1893.
Account and receipt for fees.
SEC. 223. Every officer, upon receiving any fees for official duty or service, may be required by the person paying the same to make out, in writing, and deliver to such person a particular account of such fees, specifying for what they, respectively, accrued, and shall receipt the same; and if he refuse or neglect to do so when required, he shall be liable to the party paying the same in treble the amount so paid.
Section 172 of act of 1883, and section 224 of acts of 1891, 1893. Poster of fees of justices.
SEC. 224. It shall be the duty of each justice of the
peace prepare, and keep posted in a conspicuous place in his office, a plain and legible statement of the fees allowed by law to justices of the peace and constables, upon pain of forfeiting, for failure so to do, fifty dollars, to be recovered, with costs, by any person, before any other justice of the peace of the county.
Section 173 of act of 1883, and section 225 of acts of 1891, 1893.
SEC. 225. The board of supervisors, upon receiving a certified copy of the record of conviction of any officer for receiving illegal fees, must declare his office vacant.
Section 174 of act of 1883, and section 226 of acts of 1891 and 1893. See notes to subdivision 19 of section 25, ante, pages 132 et seq. People v. Ward, 107 Cal. 241.
Services performed by successor.
SEC. 226. It shall be the duty of all officers in this act named to complete the business of their respective offices to the time of the expiration of their respective terms; and in case any officer at the close of his term shall leave to his successor official labor to be performed, which it was his duty to perform, he shall be liable to pay to his successor the full value for such services.
Section 175 of act of 1883, and section 227 of acts of 1891, 1893, See note to section 220, ante. No fees on habeas corpus.
SEC. 227. No fee or compensation of any kind must be charged or received by any officer for duties performed or services rendered in proceedings upon habeas corpus or naturalization, nor for administering or certifying the oath of office, nor fees or other compensation shall be paid for service rendered in an affidavit or application relating to the securing of a pension or the payment of a pension voucher, or any matter relating thereto, nor filing nor swearing to any claim or demand against any county in this state.
Section 176 of act of 1883, and section 228 of acts of 1891, 1893. County charges.
SEC. 228. The following are county charges:
1. Charges incurred against the county by virtue of any of the provisions of this act.
2. The traveling and other personal expenses of the district attorney, incurred in criminal cases arising in the county, and in civil actions and proceedings in which the county is interested, and all other expenses necessarily incurred by him in the detection of crime and prosecution of criminal cases, and in civil actions and proceedings and all other matters in which the county is interested.