($250) dollars per month each: also, one chief clerk, with a salary of two hundred and fifty ($250) dollars per month, and two assistant clerks, with a salary of one hundred and fifty ($150) dollars per month each.

SEC. 2. All acts or parts of acts in conflict with this act are hereby repealed.

SEC. 3. This act shall take effect immediately.

4259. Qualifications of district attorney. No person shall hold the office of district attorney who has not been admitted by the superior court of this state to practice as an attorney and counselor at law. [New section added

March 31, 1391; Stats. 1891, p. 287.]

4290. An act to provide for furnishing assistants to the coroner of each city or city and county having one hundred thousand or more inhabitants, and providing the mode in which such assistants shall be appointed and designated, and establishing the com pensation and prescribing the duties of such assistants.

[Approved March 23, 1893; Stats. 1893, p. 190.]

SECTION 1. It shall be lawful for the coroner of every city or city and county of this state having one hundred thousand or more inhabitants to select and appoint five assistants. Such assistants shall hold their respective offices at the pleasure of said appointing power.

SEC. 2. Such assistants shall be classified and designated as follows: First deputy coroner, second deputy coroner, third deputy coroner, fourth deputy coroner, messenger. Said deputies shall be allowed and receive salaries as follows: The salary of the first deputy shall be two hundred dollars per month; the salary of the second deputy shall be one hundred and fifty dollars per month; the salary of the third and fourth deputies shall be one hundred and twenty-five dollars per month each; the salary of the messenger shall be seventy-five dollars per month. It shall be the duty of said deputies to act as deputy coroners in all matters, except as to those duties which are forbidden to be delegated. It shall be the duty of the messenger to have charge of the dead-wagon, keep in order the morgue, and perform such other duties as are required by the coroner or his deputies.

SEC. 3. The salaries of the said assistants shall be audited and paid monthly out of the general fund of the said city or city and county.

This act shall take effect from and after its passage.

4314. Constable's deed as evidence: 75 Cal. 174.

Constable may execute process outside county: 82 Cal. 187.

Fees of constable: 95 Cal. 329; for arrest outside county: 82 Cal. 187; review of action of supervisors in rejecting fees: 95 Cal. 329.

Liability for negligence in attachment: 82 Cal. 604.

4331 Salaries, increasing or lowering: 65 Cal. 122; 81 Cal. 588; 89 Cal. 522.

4334. Fees to be paid to treasurer. In all cases in 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. [New section added March 10, 1891; Stats. 1891, p. 57.}

4354. Petition for incorporation: 85 Cal. 50.

Notice of election for incorporation: 70 Cal. 461; 85 Cal. 30.

Mandamus to compel canvass of returns: 80 Cal. 50. Subjection to general laws: 85 Cal. 343; 94 Cal. 73; 86 Cal. 7; 79 Cal. 173.

Charter Adoption, approval, and validity: 85 Cal. 25, 85 Cal. 343; 85 Cal. 238; 79 Cal. 173; 92 Cal. 611.

Usurpation of franchise – Quo warranto: 92 Cal. 611; 85 Cal. 238.

Classification of cities, act providing for, is constitutional: 73 Cal. 310.

Effect of constitution on existing corporations: 69 Cal. 88. Changing name and government of: 89 Cal. 387.

An act requiring the recording of maps of cities, towns, additions to cities or towns, or subdivisions of lands into small lots or tracts for the purposes of sale, and providing a penalty for the selling or offering for sale any lots or tracts in cities, towns, additions to estris, towns, subdivisions, or additions thereto, before such maps are filed and recorded.

[Approved March 9, 1893; Stats. 1893, p. 96.]

SECTION 1. Whenever any city, town, or subdivision of land into lots, or any addition to any city, town, or such subdivisjon, shall be laid out into lots for the purposes of sale, the proprietor or proprietors thereof shall cause to be made out an accurate map or plat thereof, particularly setting forth and describing,

First. All the parcels of ground within such city, town, addition, or subdivision reserved for public purposes, by their boundaries, courses, and extent, whether they be intended for avenues, streets, lanes, alleys, courts, commons, or other public uses; and

Second. All lots intended for sale, either by number or let. ter, and their precise length and width.

NEC. 2. Such map or plat shall be acknowledged by the proprietor, or if any incorporated company, by the chief officer

thereof, before some officer authorized by law to take the acknowledgment of conveyances of real estate.

SEC. 3. The map or plat so made, acknowledged, and certified shall be filed in the office of the county recorder of the county in which the city, town, addition, or subdivision is situated.

SEC. 4. Every person who sells or offers for sale any lot within any city, town, subdivision, or addition before the map or plat thereof is made out, acknowledged, filed, as herein provided, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars and not more than five hundred dollars, or by imprisonment in the county jail not to exceed six months, or both such fine and imprisonment.

4357. Boundaries of city - Annexing or detaching territory: 77 Cal. 511; 89 Cal. 387; 95 Cal. 450; 86 Cal. 158; 92 Cal. 611; 91 Cal. 621; 85 Cal. 369.

Election to determine boundaries - Mandamus: 85 Cal. 369.

An act providing for the adjustment, settlement, and payment of any indebtedness existing against any city or municipal corporation at the time of exclusion of territory therefrom, and the division of the property thercof.

[Approved March 25, 1893; Stats. 1893, p. 536.]

SECTION 1 That where any territory has been or shall be excluded from any city or municipal corporation, the superior court of the county in which such city or municipal corporation is situate shall, upon a verified petition of any ten taxpayers residing in such city or municipal corporation, or in the territory excluded, made for the purpose of adjusting the amount of the indebtedness of such city or municipal corporation existing at the time of the exclusion of such territory due from the excluded territory, and stating the facts of such exclusion and the amount of such indebtedness, cause notice to be given by publication thereof in a newspaper published in such city or municipal corporation, or in a newspaper published in the county in which such city or municipal corporation is situated, for ten days, stating the substance of such petition, and the time and place that the same shall be heard by said superior court, which time of hearing shall be at least fifteen days after the filing of such petition, or at any time thereafter to which such hearing may be continued by the court.

Any person, corporation, or tax-payer interested in such city or municipal corporation, or in such excluded territory, or in the adjustment and settlement of such indebtedness, may demur to or answer said petition. The rules of pleading and practice provided by the Code of Civil Procedure which are not in conflict with the provisions of this act are hereby made applicable to the special proceedings herein provided for. The persons so demurring or answering said petition shall be the defendants to said special proceedings, and the signers of the petition shall be the plaintiffs.

Upon the hearing of such special proceedings, the court shall have power to determine the amount due from such excluded territory to the city or municipal corporation from which it was excluded as its proportion of the indebtedness of such city or municipal corporation existing at the time such territory was excluded. In fixing the amount due from such excluded territory, the said court must ascertain and find the purposes for which the said indebtedness was created; the manner and place in which the proceeds of said indebtedness were expended; the value of the property belonging to the said city or municipal corporation at the time of such exclusion; the assessed value of the property situate in said city or municipal corporation at the time the city assessment was made immediately preceding such exclusion, and the assessed value of the excluded territory as shown by such city assessment. If the value of the property belonging to said city or municipal corporation, and which remains within the boundaries thereof after such exclusion, should exceed the value of eity or municipal property situated in such excluded territory, and also exceed the pro rata portion of the indebtedness of the city or municipal corporation due from such excluded territory as shown by said assessment, the court shall find and adjudge that there is nothing due from such excluded territory. After such finding is made, and judgment rendered by the court, such excluded territory shall not be subject to the payment of any such indebtedness, and all property belonging to such city or municipal corporation remaining within its boundaries shall belong exclusively to it.

If the court finds, after deducting the value of the city or municipal property from the value of that in the excluded territory, and the pro rata portion of the indebtedness to be borne by such excluded territory, a balance due from such excluded territory, it shall render judgment accordingly, and the amount of such judgment shall be collected and paid in the same manner and at the same time that the assessment is levied for, and the collection of the annual municipal taxes is made upon the property remaining in such city or municipal corporation for any payment on account of such indebtedness; provided, however, that any such territory excluded from any city or municipal corporation may, at any time, tender to the legislative body of such city or municipal corporation the amount for which such excluded territory is liable on account of such indebtedness; and after such tender is made, the authority of such city or municipal corporation to levy and assess taxes on such excluded territory shall forever cease.

SEC. 2. This act shall take effect and be in force from and after its passage.

4367. Term of office of first board of city trustees: 88 Cal. 430.

4369. Creation of local offices: 85 Cal. 408.

Power to create offices cannot be delegated: 85 Cal. 408. 4371. Municipal tax – Limit of rate: 95 Cal. 378.

407.

4385. City recorder as justice of the peace: 88 Cal.

4386. Mayor as judge: 69 Cal. 88; 65 Cal. 476.

Mayor as party in action to set aside void ordinance: 82 Cal. 286.

4387. Presentment of claims: 66 Cal. 76; 76 Cal. 325; 76 Cal. 569.

4391. An act to provide for furnishing assistants to every attorney and counselor, city attorney, and city and county attorney, and to each law officer, of whatever official name he may be designated, officially conducting the civil litigation of each city or city and county having one hundred thousand or more inhabitants, and providing the mode in which such assistants shall be ap pointed and designated as officers of each city or city and county. and establishing the compensation and prescribing the duties of such assistants.

[Approved March 11, 1891; Stats. 1891, p. 95.]

SECTION 1. It shall be lawful for the attorney and counselor, city attorney, or city and county attorney, or the law officer officially conducting the civil litigation, by whatever name he is now or hereafter may be designated, in each city or city and county of this state having one hundred thousand or more inhabitants to select and appoint four assistants. Such assistants shall be persons learned in the law, and practitioners in the supreme court of this state, and shall be appointed by such attorney and counselor, city attorney, or city and county attorney, or law officer conducting the civil litigation of Such city or city and county, and hold their respective offices at the pleasure of the said appointing power.

SEC. 2. Such assistants shall be classified and designated as follows: First assistant, second assistant, third assistant, and fourth assistant. The said assistants shall be allowed and receive salaries as follows: The salary of the first assistant shall be three hundred dollars per month; the salary of the second assistant shall be two hundred and fifty dollars per month; the salary of the third assistant shall be two hundred dollars per month; and the salary of the fourth assistant one hundred and fifty dollars per month. The duties of said assistants shall be to attend to the civil litigation of the city or city and county for which they are appointed, under the direction of the said appointing power; providing, that nothing in this statute shall be so construed as to repeal any existing law or laws giving or authorizing clerical assistance to or for the said law officer or officers; and providing, furthermore, that the board of supervisors, common council, or other governing board of such city or city and county shall have power to allow to such law officer or officers, and to authorize the same to appoint, such clerical assistants as shall be necessary, and shall have power to fix and provide for the compensation thereof.

SEC. 3. The salaries of the said assistants shall be audited and paid monthly out of the general fund of the said city or city and county.

This act shall take effect from and after its passage.