CHAPTER IV.

SALARIES AND FEES OF OFFICE.

See the "County Government Bill," in appendix, wherein the salaries of the various county officers are provided for.

4328. Salaries of county judges and district attorneys.

SEC. 4328. The salaries of county judges and district attorneys must be paid monthly from the county treasury, on the warrants of the county auditor. Their salaries are fixed in the succeeding sections of this chapter.

See note to next section.

4329. Salary of county judges fixed.

SEC. 4329. The salaries of county judges are as follows:

1. Of San Francisco, five thousand dollars;

2. Of Sacramento, three thousand dollars;

3. Of Alameda, two thousand five hundred dollars;

4. Of Nevada and Yuba, two thousand four hundred dollars;

5. Of Amador, Los Angeles, Napa, Placer, San Joaquin, Santa Clara, Solano, and Sonoma, two thousand dollars;

6. Of Butte, Colusa, Contra Costa, El Dorado, Marin, Mendocino, Merced, Siskiyou, Stanislaus, Sutter, Tehama, and Yolo, one thousand five hundred dollars;

7. Of Calaveras, Fresno, Humboldt, Kern, Mariposa, Monterey, Plumas, San Luis Obispo, Santa Barbara, Santa Cruz, Shasta, Sierra, and Tuolumne, one thousand two hundred dollars;

8. Of Alpine, Klamath, Lake, Lassen, San Diego, San Mateo, Trinity, and Tulare, one thousand dollars; and,

Bernardino, eight hundred dollars. California makes provision for the amount of the salary of a judge, and thereby supersedes this section: Const. Cal., art. 6, sec. 17.

9. Of Del Norte, Inyo, Mono, and San An attempted amendment of these sections in 1880 was declared unconstitutional in Leonard v. January, 56 Cal. 1.

Salaries of judges.-The constitution of

4330. Salary of district attorneys fixed.

SEC. 4330. The annual salaries of district attorneys are as follows:

1. Of San Francisco, five thousand dollars;

2. Of Sacramento, three thousand six hundred dollars;

3. Of Los Angeles, three thousand dollars;

4. Of San Joaquin, Santa Clara, and Alameda, two thousand five hundred dollars;

5. Of Butte, one thousand seven hundred dollars;

6. Of Nevada, two thousand dollars; and of Colusa, one thousand eight hundred dollars;

7. Of Sonoma, one thousand eight hundred dollars;

8. Of El Dorado, Placer, Amador, Marin, Contra Costa, Tuolumne, Napa, Yolo, Yuba, and Santa Cruz, one thousand five hundred dollars;

9. Of Mariposa, Merced, San Mateo, Shasta, Siskiyou, Stanislaus, Tehama, Fresno, Kern, Mendocino, San Luis Obispo, Santa Barbara, Tulare, San Diego, and Plumas, one thousand two hundred dollars;

10. Of Monterey, Sutter, Trinity, Sierra, and Calaveras, one thousand dollars;

11. Of Inyo and Lassen, eight hundred dollars;

12. Of Del Norte, Humboldt, Klamath, Lake, and San Bernardino, seven hundred dollars;

13. Of Alpine, six hundred dollars;

14. Of Mono, five hundred dollars. [Amendment, approved March 28, 1872; 1871-2, 653; took effect from passage.]

This section was not intended and did not have the effect to repeal prior statutes allow ing fees in addition to salaries: Pillsbury v. Brown, 45 Cal. 46. For prosecuting a violator of a city ordinance, the district attorney is not entitled to fees: Pillsbury v. Brown, 47 Id. 477. The foregoing amendment constituted section 1 of "An act in relation to the Political Code," approved March 28, 1872; 1871-2, 653. That act contained two additional sections, as follows:

"SEC. 2. With relation to the acts passed at the present session of the legislature, section forty-three hundred and thirty of the Political Code must be construed as though it had been passed on the last day of the present session.

"SEC. 3. This act and section forty-three hundred and thirty of the Political Code as herein amended shall be in force and effect from and after the passage of this act."

An Act in relation to the office of district attorney in Santa Cruz county.
[Approved March 20, 1872; 1871–2, 440.]

District attorney's fee in Santa Cruz county.

SECTION 1. In all cases where the district attorney of Santa Cruz county secures a conviction of any person charged with felony or misdemeanor, and cannot obtain the fee allowed by law for such conviction from the person convicted, the said fee shall be a charge against the county, and shall be allowed and paid as other claims and charges against said county. SEC. 2. This act shall take effect immediately.

An Act to better define the duties and fix the compensation of certain officers of Solano county. [Approved March 27, 1872; 1871–2, 624.]

Sheriff, license collector.

SECTION 1. The sheriff of Solano county shall be ex officio collector of all licenses in said county, and receive therefor the fees now allowed by law, and be allowed as jailer a salary of one thousand two hundred ($1,200) dollars per annum, which shall be paid monthly out of the county treasury of said county.

Salary of county clerk.

SEC. 2. The county clerk of said county shall receive for all services required of him as county clerk and ex officio clerk of the district court, county court, probate court, board of supervisors, and board of equalization, a salary of four thousand dollars per annum, which salary shall be in full for all services required of him as aforesaid, and it shall be paid monthly out of the county treasury. He shall collect and safely keep all fees of whatever kind or nature allowed him by law for services rendered by him in his several official capacities, and upon the first Monday of each and every month shall pay the same over to the county treasurer of said county, and shall at the same time make out and file with said treasurer a full and accurate statement, under oath, of all fees, of whatever kind or nature, received in his several official capacities for the preceding month.

Salary of district attorney.

SEC. 3. The district attorney of said county shall receive a salary of two thousand two hundred dollars per annum, which shall be paid monthly out of the treasury of said county. Duty of auditor.

SEC. 4. It shall be the duty of the county auditor of said county, on the first Monday of each and every month, to draw a warrant upon the county treasurer, in favor of the officers herein named, for the amount of salary due each month under the provisions of this act; and said warrants shall be paid in gold and silver coin on presentation to the county treasurer.

SEC. 5. This act shall take effect from and after its passage; and all acts and parts of acts, so far as they conflict with the provisions of this act, are hereby repealed.

An Act in relation to the fees of district attorneys in certain counties.
[Approved March 30, 1872; 1871-2, 799.]

Fees of district attorneys in Butte, Inyo, Placer, and Shasta.

SECTION 1. In the counties of Butte, Inyo, Placer, and Shasta, the fees allowed to district attorneys for convictions must be taxed as costs against the defendants, but if the defendant is unable to pay the same, they are a county charge, and must be paid out of the county treasury. SEC. 2. This act shall be in force from and after its passage.

The salaries of district attorneys in some of the counties, as above fixed, have since been changed by special and local laws as follows:

In Amador to one thousand two hundred and fifty dollars per annum and certain fees, by act of March 20, 1876; 1875-6, 370.

In Butte to two thousand dollars per annum and certain fees, by act of March 27, 1874; 1873-4, 733.

In Calaveras to one thousand dollars per annum, and payable monthly, and certain fees after March 4, 1878, by act of March 7, 1876; 1875-6, 141.

In Colusa to two thousand dollars per annum, by act of March 30, 1874; 1873-4, 873.

In Contra Costa to eight hundred dollars per annum and fees, by act of March 2, 1876; 1875-6, 91.

In Humboldt to one thousand two hundred

dollars per annum, payable monthly, by act of February 9, 1876; 1875-6, 34.

In Inyo to one thousand dollars per annum, by act of February 27, 1874; 1873-4, 177.

In Lake to seven hundred dollars per annum and certain fees, by act of March 31, 1876; 1875-6, 599.

In Marin to one thousand dollars per annum, by act of March 18, 1874; 1873-4, 433. In Mariposa to eight hundred dollars per annum, by act of February 7, 1874; 1873-4, 83. In Merced to one thousand dollars per annum, by act of March 26, 1874; 1873-4, 660.

In Modoc the salary is five hundred dollars per annum and fees, by act of February 17, 1874; 1873-4, 124.

In Napa to one thousand dollars per annum and fees, by act of March 16, 1874; 1873-4, 392.

In Sacramento to four thousand two hundred dollars per annum, by act of March 30, 1874; 1873-4, 909. See also acts of April 1, 1872; 1871-2, 803; February 28, 1874; 1873-4, 204; and March 30, 1874; 1873-4, 794.

In San Benito the salary is one thousand two hundred dollars per annum, by act of February 12, 1874; 1873-4, 95.

In San Bernardino to one thousand dollars per annum, by act of March 22, 1876; 1875-6, 389.

In San Diego to one thousand two hundred dollars per annum and fees, by act of March 31, 1876; 1875-6, 586.

In San Francisco the district attorney is allowed a second clerk at a salary of one hundred

and fifty dollars per month, by act of March 25, 1874; 1873-4, 602.

In San Joaquin to two thousand dollars per annum and fees, by act of March 24, 1874; 1873-4, 575.

In San Luis Obispo to one thousand dollars per annum and certain fees, by act of March 31, 1876; 1875-6, 608.

In Santa Clara to five hundred dollars per annum and fees, by act of March 25, 1874; 1873-4, 610; and subsequent act of February 10, 1876; 1875-6, 35.

In Santa Cruz to five hundred dollars per annum and fees, by act of March 30, 1876; 1875-6, 576.

In Sonoma to one thousand eight hundred dollars per annum and fees, by act of March 16, 1874; 1873-4, 382.

In Stanislaus to one thousand two hundred dollars per annum, by act of March 4, 1874; 1873-4, 277.

In Sutter the fees on conviction for felony or misdemeanor are the same as in Lake, by section 21 of act of March 31, 1876; 1875-6, 599.

In Tuolumne to eight hundred dollars per annum and fees, by act of February 10, 1876; 1875-6, 45.

In Ventura the salary is eight hundred dollars per annum, by act of March 26, 1874; 1873-4, 618.

In Yolo to one thousand dollars per annum and fees, by act of March 18, 1874; 1873-4, 420; and by subsequent act of March 9, 1876; 1875-6, 170.

4331. Continuing acts fixing salaries and fees of county officers.

SEC. 4331. Nothing in this code not contained in this chapter affects any of the provisions of the statutes relating to the compensation, salaries, or fees of county or township officers; but all such statutes are recognized as continuing in force, notwithstanding the provisions of this code, except so far as they are affected by or are inconsistent with the provisions of this chapter.

For references to special statutes referred to in the foregoing section, see under the heads of the respective counties in the Statutes in Force collected in the volume containing the Penal Code.

The act of May 17, 1861, amendatory of the consolidation act, and relating to the fees and salaries of the officers, continues in force: Adams v. San Francisco, 50 Cal. 117.

4332. Officer to perform service when fees are paid.

SEC. 4332. The officers mentioned in this title are not in any case, except for the state or county, to perform any official services, unless upon the prepayment of the fees prescribed for such services, except as in the succeeding section provided by law; 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.

"The board of supervisors, under this section, must semiannually cause to be certified, without fee or charge therefor, to the con

troller of the state, the statement required to be made by subdivision 22 of section 4046, ante:" Commissioners' note.

4333. No charge to be made on proceedings under writ of habeas corpus.

SEC. 4333. 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.

696

CHAPTER V.

OTHER COUNTY CHARGES.

4343. County charges to be audited.

SEC. 4343. Accounts for county charges of every description must be presented to the board of supervisors to be audited, as prescribed in Article III., Chapter II., Title II., Part IV., of this code.

See ante, sec. 4064.

4344. Examination of county charges.

SEC. 4344. The following are county charges:

1. Charges incurred against the county by virtue of any provision of this title;

2. The compensation of the district attorney, and all expenses necessarily incurred by him in criminal cases arising within the county;

3. The compensation allowed by law to sheriffs and constables for executing process on persons charged with criminal offenses; for services and expenses in conveying criminals to jail; for service of subpoenas issued by district attorneys, and for other services in relation to criminal proceedings for which no specific compensation is prescribed by law;

4. The expenses necessarily incurred in the support of persons charged with or convicted of crimes and committed therefor to the county jail;

5. The sums required by law to be paid to grand jurors and indigent witnesses in criminal cases;

6. The accounts of the coroner of the county for such services as are not provided to be paid otherwise;

7. All charges and accounts for services rendered by any justice of the peace for services in the examination of persons charged with crime not otherwise provided for by law;

8. The necessary expenses incurred in the support of county hospitals, and the indigent sick and the otherwise dependent poor whose support is chargeable to the county;

9. The contingent expenses necessarily incurred for the use and benefit of the county;

10. 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;

11. The salary of the commissioner of highways must be paid at the close of each quarter.

An amendment in 1880 omitting division 2, ard v. January, 56 Cal. 1. See ante, sec. 4000, 3, and 11 was declared unconstitutional in Leon- and note.

4345. Costs of criminal action removed.

SEC. 4345. When a criminal action is removed before trial, the costs accruing upon such removal and trial shall be charged against the county in which the indictment was found. [New section, approved February 28, 1874; Amendments 1873-4, 175; took effect immediately.]

4346. Proceedings in collection of such costs.

SEC. 4346. 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 warrants 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 books as a charge against the treasury of his county, and the county treasurer of the county from which such 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 moneys 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. [New section, approved February 28, 1874; Amendments 1873-4, 175; took effect immediately.]

4347. Provisions of code, to what actions to apply.

SEO. 4347. Sections forty-three hundred and forty-five and forty-three hundred and forty-six of this code shall apply to all criminal actions which have been or may be removed for trial since the first day of January, eighteen hundred and seventy-three. [New section, approved February 28, 1874; Amendments 1873-4, 175; took effect immediately.]

4348. Officers entitled to fees-Compensation of supervisors.

A new section was added by the unconstitutional act of April 27, 1880: See sec. 4000, and note.

V.

CERTAIN STATUTES RELATING TO CITIES AND TOWNS AND EX-
ISTING CORPORATIONS CONTINUED.

This entire title "is intended as a system or plan under which cities may be organized and governed. That is the sole purpose of that title, and it is not declared to be applicable to any existing city, or city and county:" Ex parte Simpson, 47 Cal. 127, 128.

4354. General powers.

4354

4385

4403

4424

4442

A system of town governments, as required by the former constitution of this state, has never been adopted: Ex parte Wall, 48 Cal. 280.

Municipal corporations: See sec. 4356, and note.

CHAPTER I.

CITIES AS BODIES CORPORATE.

SEC. 4354. A city is a body politic and corporate, with the general powers of a corporation, and the powers specified or necessarily implied in this title or in special laws.