9. The coroner, such fees as are now or may hereafter be Counties of allowed by law. 10. The public administrator, such fees as are now or may hereafter be allowed by law. 11. Superintendent of schools, eighteen hundred dollars per annum, including services on board of education. He shall be allowed his actual traveling expenses, not to exceed three hundred dollars per annum. 12. The surveyor shall receive a per diem of ten dollars for all work performed for the county, and in addition thereto, all necessary expenses and transportation on work performed in the field. twentyeighth class. 13. The justices of the peace, such fees as are now or may Justices of hereafter be allowed by law; provided, that the amount allowed the peace. by the board of supervisors for services in prosecutions under section six hundred and forty-seven of the Penal Code, and prosecutions for fraudulently evading or attempting to evade the payment of fare for traveling on any railroad, shall not exceed twenty dollars for any one month; provided, further, that the amount allowed by the board of supervisors for services in prosecutions of misdemeanor cases other than those herein before specified in this subdivision, shall not exceed the sum of thirty dollars for any one month. stables. 14. The constables shall receive the following fees, to wit: Con For serving summons and complaint, for each defendant served, one dollar; for each copy of summons for service when made by him, twenty-five cents; for levying writ of attachment or execution or executing order of arrest or for the delivery of personal property, one dollar; for keeping personal property, such sum as the court may order, but no more than two dollars per day shall be allowed for a keeper when necessarily employed; for taking bond or undertaking, fifty cents; for copies of writs and other papers, except summons, complaints and subpoenas, per folio ten cents; provided, that when correct copies are furnished him for use, no charge shall be made for copies; for serving any writ, notice or order, except summons, complaint or subpoenas, 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, two and one half per cent, to be charged against the defendant named in the execution; for executing and delivering certificate of sale, one dollar; for executing and delivering constable's deed, two dollars; for every mile necessarily traveled in his township, in going only, to serve any civil or criminal process or paper, or to take a prisoner before a magistrate or to prison, twenty-five cents; outside of his township, but within his county, ten cents; but when two or more persons are served or summoned in the same suit and at the same time, mileage shall be charged only for the more distant if they live in the same direction; for each mile necessarily traveled outside of his county in making criminal arrests, both going and returning from place of arrest, five cents; in trans twenty eighth class. Counties of porting prisoners to the county jail, or before a magistrate, either upon arrest or for trial or examination, or after conviction, he shall receive in addition to the above mileage, his actual and necessary expenses for himself and prisoner; provided, that where two or more prisoners are transported at the same time, no more than one mileage shall be allowed; for making each arrest in criminal cases, one dollar and fifty cents; for sales of estrays, the same fees as for sales on execution; for summoning a jury, two dollars, including mileage; for all other services, the same fees as are allowed sheriffs for like services; provided further, that no more than sixty dollars shall be allowed to any constable in counties of this class in any one month for fees and mileage in criminal matters. Supervisors. Jurors. 15. Each supervisor, six hundred dollars per annum, and twenty cents per mile for traveling from his residence to and from the county seat; provided, such mileage shall not be allowed more than once a month; and for his services as road commissioner, he shall receive twenty cents per mile one way for all distances actually and necessarily traveled by him in the performance of his duties; provided, he shall not in any one year receive more than three hundred dollars as such road commissioner. 16. In counties of this class grand jurors and jurors in the superior court shall receive for each day's attendance the sum of three dollars, and for each mile actually and necessarily traveled from their residence to the county seat, the sum of twenty-five cents; such mileage to be allowed but once during each session such jurors are required to attend. Counties of twentyninth class. CHAPTER CXCIX. An act to amend an act entitled "An act to establish a uniform system of county and township governments," approved April first, eighteen hundred and ninety-seven, and amended March 23rd, 1901, by amending section one hundred and eighty-six (186) thereof, relating to the compensation of officers of counties of the twenty-ninth class. [Approved March 19, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section one hundred and eighty-six (186) of an act entitled, "An act to establish a uniform system of county and township governments," approved April first, eighteen hundred and ninety-seven, and amended March 23rd, 1901, is hereby amended to read as follows: Section 186. In counties of the twenty-ninth class the county officers shall receive, as compensation for the services required of them by law or by virtue of their offices, the following salaries, to wit: county 1. The county clerk, three thousand dollars per annum. Salaries of 2. The sheriff, four thousand five hundred dollars per annum; officers. and also all fees for service of papers in actions arising outside of his county. 3. The recorder, one thousand eight hundred dollars per annum. 4. The auditor, one thousand two hundred dollars per annum. 7. The assessor, two thousand five hundred dollars per annum. 8. The district attorney, one thousand eight hundred dollars per annum. 9. The coroner, such fees as are now or may be hereafter allowed by law. 10. The public administrator, such fees as are now or may be hereafter allowed by law. 11. The superintendent of schools, one thousand six hundred and fifty dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now or may be hereafter allowed by law. officers. 13. Justices of the peace, such fees as are now or may be Township hereafter allowed by law. 14. Constables, such fees as are now or may be hereafter allowed by law, and in addition thereto three dollars per day for each day's actual attendance in court during a jury trial therein or a preliminary examination for felony; provided, that no constable shall receive more than three dollars for any one day's attendance on any court. visors. 15. Each supervisor, fifty dollars per month and mileage at Superthe rate of ten cents per mile for traveling to and from his residence to the county seat at each session. education. 16. Each member of the board of education, including the Board of secretary, five dollars per day when the board is in session, and ten cents per mile for traveling to and from his or her residence to the county seat at each session, unless otherwise provided by law. SEC. 2. This act shall take effect and be in force from and after its passage. Phonographic reporters for superior courts. Reports prima facie correct. Fees of official reporters. CHAPTER CC. An act to amend sections two hundred and sixty-nine, two hundred and seventy-three, and two hundred and seventy-four of the Code of Civil Procedure, all relating to phonographic reporters. [Approved March 19, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section two hundred and sixty-nine of the Code of Civil Procedure is hereby amended to read as follows: 269. The judge or judges of any superior court in the state may appoint a competent phonographic reporter, or as many such reporters as there are judges, to be known as official reporter or reporters of such court, and to hold office during the pleasure of the judge or judges appointing them. Such reporter, or any one of them, where there are two or more, must, at the request of either party, or of the court in a civil action or proceeding, and on the order of the court, the district attorney, or the attorney for defendant in a criminal action or proceeding, take down in shorthand all the testimony, the objections made, the rulings of the court, the exceptions taken, all arraignments, pleas and sentences of defendants in criminal cases, the arguments of the prosecuting attorney to the jury, and all statements and remarks made and oral instructions given by the judge; and if directed by the court, or requested by either party, must, within such reasonable time after the trial of such case as the court may designate, write out the same, or such specific portions thereof as may be requested, in plain and legible longhand, or by typewriter, or other printing machine, and certify to the same as being correctly reported and transcribed, and when directed by the court, file the same with the clerk of the court. SEC. 2. Section two hundred and seventy-three of said code is hereby amended to read as follows: 273. The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when transcribed and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie evidence of such testimony and proceedings. SEC. 3. Section two hundred and seventy-four of said code is hereby amended to read as follows: 274. For his services, the official reporter shall receive the following fees, except in counties where a statute provides otherwise: For reporting testimony and proceedings, ten dollars per day, which amount, when more than one case is reported in one day, must be apportioned by the court between the several cases; For transcription, for one copy, twenty cents per hundred words; for two copies made at one time, fifteen cents each per hundred words; for three copies made at one time, eleven cents each per hundred words; for four copies made at one time, nine cents each per hundred words; and for five or more copies made at one time, eight cents each per hundred words. In criminal cases, the fees for reporting and for transcripts ordered by the court to be made must be paid out of the county treasury upon the order of the court; provided, that when there is no official reporter in attendance, and a reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in like manner. In civil cases, the fees for reporting and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole thereof; and, in either case, all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering the same. No reporter must be required to perform any service in a civil case until his fees therefor have been paid to him or deposited with the clerk of the court. CHAPTER CCI. An act to add a new section to the Penal Code of the State of California, to be known as section six hundred and fifty and a half, relating to willful and wrongful acts seriously injuring the person or property of another; seriously disturbing or endangering the public peace; outraging public decency; using another's name for accomplishing lewd or licentious purposes, whether accomplished or not; affecting, or having a tendency to affect the moral character of the person whose name is used, and to personifying another or causing or procuring others to identify or give assurance that a person is some one else for the accomplishment of lewd or licentious purposes, whether accomplished or not, and making such acts misdemeanors where no other punishment is expressly prescribed by the code. [Approved March 19, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: persons or etc., a mis SECTION 1. A person who willfully and wrongfully commits seriously. any act which seriously injures the person or property of ring another, or which seriously disturbs or endangers the public property, peace or health, or which openly outrages public decency, or demeanor. who willfully and wrongfully in any manner, verbal or written, uses another's name for accomplishing lewd or licentious purposes, whether such purposes are accomplished or not, or who willfully and wrongfully uses another's name in any manner that will affect, or have a tendency to affect the moral reputa |