provided, that when correct copies are furnished him for use, no charge shall be made for such copies.

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

For writing and posting each notice of sale of property, twenty-five cents.

For furnishing notice for publication, twenty-five cents.

For serving subpoenas, each witness, including copy, twenty-five cents.

For collecting money on execution, one and onehalf 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, except a warrant of arrest, in going only, per mile, twenty-five cents.

For traveling outside of his township to serve such writ, order, or paper, in going only, fifteen cents; 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 allowed.

For each mile necessarily traveled within his county in executing a warrant of arrest, both in going and returning from place of arrest, fifteen cents.

For each mile traveled out of his county, both going and and returning from place of arrest, five cents; provided, that no mileage shall be charged for a warrant of arrest or criminal process served outside of his township, except such service be approved in writing by the district attorney of the county; and provided further, that for traveling in the performance of two or more official services at the same time, including the service of civil process or criminal warrants, or transportation of persons charged or convicted of a criminal offense, but one mileage

shall be charged; provided, that in criminal cases he shall not receive more than one hundred dollars in any one month, and not more than one thousand dollars in any one year.

For executing a search warrant, such fees and mileage as may be allowed for executing warrant of arrest.

For arresting prisoner and bringing him into court, one dollar.

For summoning a jury, two dollars, including mileage.

For transporting prisoners to the county jail, the actual cost of such transportation.

Provided, that the board of supervisors may reject all bills presented to the county by justices of the peace and constables for fees in criminal cases in all cases of proceedings in which the district attorney has not, in writing, approved the issuance of the warrant of arrest.

County officers must, and township officers may, demand the payment of all fees in civil cases, in advance.

The foregoing provisions of this act are held unconstitutional, in so far as they provide that certain justices' fees shall not be retained by the justice unless the district attorney has approved the issuance of the warrant, and that constables' charges for mileage outside of the township shall not be allowed unless approved by the district attorney. The district attorney cannot be made the arbiter of those matters. The constitution requires the legislature to fix the compensation of officers in proportion to duties. Art. XI, Sec. 5.] As to those officers the act is unconstitutional in permitting the retention of fees by justices without reference to classification, and could not supersede the

county government act on the same subject. Dwyer v. Parker, 115 Cal. 544.

The above case is approved in Reid v. Groezinger, 115 Cal. 552, and it is further held that a tender of fees personally to a justice of the peace in San Francisco, does not authorize a writ of mandate to compel the officer to perform a duty for which the fee is tendered (enter a default judgment). Reference is made to act of March 11, 1893 [Stats. p. 127], to provide and regulate the manner of receiving and paying fees, etc., in cities, and cities and counties, having a population of over one hundred thousand inhabitants. That act is amended in 1895. [Stats. p. 164, Palm edition.] The original act requires the fees, etc., to be paid to the treasurer, and the presentation of the treasurer's receipt to the officer of whom the service is required. The amendment of 1895 makes provision for extra deputies or assistants for the treasurer and other officers whose duties may be increased by such act. This assistance being made to depend upon the judgment of the supervisors or other governing body, would seem to fall under the rulings in Dougherty v. Austin, 94 Cal. 601; Green v. Fresno County, 95 Cal. 329, and Welsh v. Bramlett, 98 Cal. 219. San Francisco is subject to the general legislation of the state, and the general fee bill of 1895 is applicable thereto. Reid v. Groezinger, supra; Miller v. Currey, 113 Cal. 644. And in 1891 a new section was added to the Political Code, as follows: "Sec. 4334. In all cases in which any provi

sion 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." [Stats. 1891, p. 67.] See concluding note under section 158, page 293, ante.

JUSTICE OF THE PEACE.

Justice of the peace may, for their own use, collect the following fees, and no others:

Each justice of the peace shall be allowed, in a civil action before him, for all services to be performed by him before trial, two dollars; and for the trial and all proceedings subsequent thereto, including all affidavits, swearing witnesses and jury and the entry of judgment and issue of execution thereon, three dollars; and in all cases where judgment is rendered by default or confession, for all services, including execution and satisfaction of judgment, two dollars.

For all services in a criminal action or proceeding, whether on examination or trial, three dollars; provided, however, that no more than the sum of seventy-five dollars, in any one month, shall be allowed out of the county treasury, in misdemeanor cases, to any one justice.

For taking bail after commitment by another magistrate, fifty cents.

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

For copies of papers on docket, per folio, ten

cents.

For issuing a search warrant, to be paid by the party demanding the same, fifty cents.

For celebrating a marriage, and returning a certificate thereof to the county recorder, three dollars.

For taking an acknowledgment of any instru

ment, for the first name, fifty cents; for each additional name, twenty-five cents.

For taking depositions, per folio, fifteen cents. For administering an oath and certifying the same, twenty-five cents.

For issuing a commission to take testimony, fifty

cents.

For all services connected with the posting of estrays, one dollar.

In cases before the justice of the peace, when the venue shall be changed, the justice before whom the action shall be brought, for all services rendered, including the making up and transmission of the transcript and papers, shall receive one dollar; and the justice before whom the trial shall take place shall receive the same fees as if the action had been commenced before him.

For performing the duties of coroner, when the coroner fails to act, the same fees and mileage as are allowed the coroner in like cases.

For issuing each process, writ, order, or paper required by law to be issued not otherwise herein provided for, twenty-five cents.

For administering oath or affirmation not otherwise herein provided for, ten cents.

For each certificate or affidavit not otherwise herein provided for, twenty-five cents.

For taking and approving bond or undertaking, including the justification of sureties, fifty cents. 19. Jurors' and witness' fees shall be as follows:

JURORS' FEES.

For attending as a grand juror or juror in the superior court, for each day's attendance, per day, two dollars.

For attending justice's court, for each juror sworn to try the cause, per day, in civil cases only, two dollars.

For each mile actually traveled in attending court as a juror, except in criminal cases in justice's court, for which no allowance shall be made in going only, per mile, fifteen cents.