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3. The expenses necessarily incurred in the support of persons charged with or convicted of crime and committed therefor to the county jail.
4. The sums required by law to be paid to the grand and trial jurors and witnesses in criminal cases.
5. The accounts of the coroner of the county for such services as are not provided to be paid otherwise.
6. All charges and accounts for services rendered by any justice of the peace in the examination or trial of persons charged with crime, not otherwise provided for and allowed by law.
7. The necessary expenses incurred in the support of the county hospitals, poorhouses, and the indigent sick and otherwise dependent poor, whose support is chargeable to the county.
8. The contingent expenses necessarily incurred for the use and benefit of the county.
9. 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.
10. The fees of constables in criminal cases allowed by law.
Section 178 of act of 1883, and section 230 of acts of 1891, 1893. Cost of criminal actions on removal.
SEC. 229. 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 or information was found.
Section 179 of act of 1883, and section 231 of acts of 1891, 1893. Costs on removal-How certified and paid.
SEC. 230. 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 warrant therefor upon the treasury 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 book as a charge against the treasury of his county; and the county treasurer of the county from which said action was removed must, immediately upon presentation, pay said warrant out of the general fund of said county; or, if at the date of presentation there is not sufficient money 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.
Section 180 of act of 1883, and section 232 of the acts of 1891, 1893. New counties.
SEC. 231. Counties created or organized after the passage and approval of this act shall immediately come under and he governed by its provisions, so far as the same are applicable thereto. When the population of any existing county shall have been reduced, by reason of the creation of any new county from the territory thereof, below the class and rank first assumed hereunder, it shall be the duty of the board of supervisors of such county to designate by order the class to which such county has been reduced by reason thereof, and such county shall thereafter enter the list of such class: provided, that the salary of county officers shall not be affected by reason of such division of the county or order of the board, for the term for which they were elected and qualified. In any newly created county, for the purpose of fixing the salaries and fees of county and township officers, the board of commissioners appointed to organize said new county, and if no commissioners be appointed, then the board of supervisors of said new county, shall classify said new county according to the population classification of this act. In each case the population shall be numerically fixed, and when so fixed shall be certified to the secretary of state by the board fixing the same.
Section 183 of act of 1883, and section 235 of acts of 1891, 1893.
See section 157 of this act and notes.
The board of supervisors, in determining what is the population of a county, out of the territory of which a new county has been organized, is not limited to an inquiry as to what was the population within its present boundaries as shown by the last federal census, notwithstanding sections 10 and 162 of the county government act [Stats. 1893, pp. 346, 384] make the census of 1890, controlling as to the classification of the several counties of the state as they then existed. And
Section 235 (Act of 1893), which provides for the supervisors determining the population of a county, from the territory of which a new county has been formed, does not delegate to the supervisors the power of classification, but authorizes them to determine a fact, and when this fact is found, which is not a legislative act, the classification follows as declared by statute. Kumler v. Board of Supervisors, 103 Cal. 394. Repeal.
SEC. 232. All acts and parts of acts inconsistent with this act are hereby repealed.
SEC. 233. The provisions of sections one hundred and fifty-eight to two hundred and fourteen, inclusive, of this act, so far as they change the compensation of any officer therein named, heretofore paid a fixed salary, or heretofore paid a fixed salary and commissions, and not fees or per diem, shall not affect incumbents, unless otherwise provided in any of said sections.
As to the effect of this act upon incumbents in office, there is provision made in several sections as to salaries and fees in the different classes of counties.
Section 182 of the act of 1883 (Stats. p. 365] provided that the provisions of the act, so far as it relates to fees and salaries of officers named, except justices of the peace and constables, shall not affect the present incumbents, and it was held that the act of March 31, 1876 [Stats. p. 609), providing in effect that the county clerk, who was ex officio recorder and auditor should receive a stated salary, became inoperative after 1881, when the offices were segregated and held by different persons, and that the clerk then became entitled to the compensation allowed by the act of 1870 (Stats. p. 438], and that as to the incumbent at the time of the enactment of the county government act of 1883, he was not affected by the latter act. San Luis Obispo county v. Darke, 76 Cal. 94. And in Martin v. Santa Barbara, 105 Cal. 209 it was held that the act of 1893, did not take effect as to fees of constables then in office in counties of the twenty-first class, and that the fees of such incumbents were governed by the act of 1870. The provision there under consideration was paragraph 17 of section 1893 [Stats. p. 452), which read as follows: “This section shall take effect immediately, except such provisions as affect the salaries of the present incumbents."
SEC. 234. This act, except as otherwise herein provided, shall take effect and be in force sixty days from and after its passage.
FEE BILL OF 1895.
An act to establish the fees of county, township, and other officers and of jurors and
witnesses in this state.
(Approved March 28, 1895.] SECTION 1. The following county, township, and other officers shall charge and collect the following fees:
COUNTY CLERK. On the commencement of any action or proceeding in the superior court, except probate proceedings, or on an appeal thereto, to be pạid by the party commencing such action or proceeding, or taking such appeal, five dollars.
On the filing of a petition for letters of administration, testamentary, or guardianship, five dollars, to be paid by the petitioner; provided, that at the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of one dollar for each additional thousand