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9. The Coroner, such fees as are now or may be hereafter allowed by law.

10. The Public Administrator, such fees and compensation as are now or may be hereafter allowed by law.

11. The Superintendent of Schools, four hundred dollars per annum.

12. The Surveyor, such fees as are now or may be hereafter allowed by law.

13. Justices of the Peace, such fees as are now or may be hereafter allowed by law.

14. Constables, such fees as are now or may be hereafter allowed by law.

15. Supervisors, five dollars per diem for their actual services, and mileage at the rate of twenty cents per mile from his residence to county seat, going only; provided, that only one mileage shall be allowed for any regular session of the Board.

In counties of the forty-eighth class, the county officers Forty: shall receive as compensation for the services required of eighth class. them by law, or by virtue of their office, the following salaries, to wit:

1.' The County Clerk, five hundred dollars per annum. 2. The Sheriff, five hundred dollars per annum. 3. The Recorder, three hundred dollars per annum. 4. The Auditor, two hundred dollars per annum. 5. The Treasurer, three hundred dollars per annum. 6. The Tax Collector, three hundred dollars per annum. 7. The Assessor, three hundred dollars per annum. 8. The District Attorney, three 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 hundred dollars per annum.

12. The Surveyor, such fees as are now or may be hereafter allowed by law.

13. Justices of the Peace, such fees as are now or may be hereafter allowed by law.

14. Constables, such fees as are now or may be hereafter allowed by law.

15. Supervisors, five dollars per diem for their actual services, and mileage at the rate of twenty cents per mile from his residence to the county seat, going only; provided, that only one mileage shall be allowed for any regular session of the Board.

Sec. 164. The salaries and fees provided for in this Act Allowances shall be in full compensation for all services of every kind and Sheriff. and description rendered by the officers therein named, their deputies, and assistants; and all deputies employed shall be paid by their principals, out of the salaries herein before provided; provided, however, the Assessor shall be entitled to receive and retain for his own use six per cent on personal property tax collected by him as authorized in section three thousand eight hundred and twenty of the Political Code,

to Assessor

Fees.

Fee book.

and fifteen per cent of all amounts collected by him for poll taxes; and provided further, that the Board of Supervisors shall allow to the Sheriff his necessary expenses for pursuing criminals or transacting any criminal business without the boundaries of his county, and for boarding prisoners in the county jail; provided, that the Board of Supervisors shall fix the price at which such prisoners shall be boarded. The Court shall also allow the Sheriff his necessary expenses in keeping and preserving property seized on attachment or execution, to be paid out of the fees collected in the action. All expenses necessarily incurred in conveying prisoners to and from the State Prison, and insane persons to and from the Insane Asylum, which shall be allowed by the Board of Examiners and collected from the State.

SEC. 165. All salaried officers of the several counties of this State shall charge and collect, for the use of their respective counties, and pay into the county treasury on the first Monday in each month, the fees now or hereafter allowed by law in all cases, except the percentage hereinbefore allowed such officers, and excepting also such fees as are a charge against the county.

SEC. 166. Each of the officers authorized to receive fees under the provisions of this Act, must keep a fee book, open to the public inspection during office hours, in which must be entered at once and in detail all fees or compensation of whatever nature, kind, or description, collected or chargeable. On the first Monday of each and every month the officer must add up each column in his book to the first day of the month, and set down the totals. On the expiration of the term of such officer, he must deliver all fee books kept by him to the County Auditor.

SEC. 167. The fees and compensation collected and chargeable for the county in each month shall be paid to the County Treasurer on the first Monday of the following month, and must be accompanied by a statement of the aggregate amount thereof as shown by the fee book, duly verified by the officer making such payment. The affidavit shall be in the following form: "I, A, B., County Clerk (or other officer, as the case may be), do swear that the fee book in my office contains a true statement in detail of all fees and compensation of every kind and nature for official services rendered by me, my deputies, and assistants, for the month of -, A. D. and that said fee book shows a full amount received or chargeable in said month, and since my last monthly pay. ment; and neither myself, nor to my knowledge or belief any of my deputies or assistants, have rendered any official service, except for the county, which is not fully set out in said fee book, and that the foregoing statement thereof is true and correct.” The Treasurer shall file and preserve in his office

said statements and affidavit. Salary Fund. SEC. 168. For the purpose of paying the salaries provided

for in this Act, all fees directed to be paid into the county treasury shail be set apart therein as a separate fund, to be known as the Salary Fund, to be applied to the payment of said salaries. Should the amount received from such

Affidavit.

salaries.

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source be insufficient, it shall be the duty of the County Treasurer, from time to time, to transfer to said fund from the General Fund of the county, such sums as may be necessary to pay said salaries as they become due.

Sec. 169. The salaries of such officers named in this Act Payment of as are entitled to salaries, shall be paid monthly out of the county treasury; and it shall be the duty of the Auditor, on the first Monday of each and every month, to draw his warrant upon the County Treasurer in favor of each of said officers for the amount of salary due him under the provisions of this Act for the preceding month; provided, however, that one half of the annual salary of the Assessor shall be paid to him in equal monthly installments for the months of March, April, May, and June, and the remaining one half in equal monthly installments for the remaining eight months of the year. The Treasurer shall pay said warrants on presentation out of the Salary Fund of the county treasury.

Sec. 170. The Auditor shall not draw his warrant for the Limitation. salary of any such officer for any month until the latter shall first have presented him with the certificate of the County Treasurer, showing that he has made the statement and settlement for that month required in this Act.

SEC. 171. The officers mentioned in this Act are not in Services 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 in cases on habeas corpus and for naturalization, 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.

Sec. 172. Every officer, upon receiving any fees for official Fee receipt. duty or service, may be required by the person paying the same to make out in writing and deliver to such person a particular account of such fees, specifying for what they respectively accrued, and shall receipt the same; and if he refuse or neglect. to do so when required, he shall be liable to the party paying the same in treble the amount so paid.

Sec. 173. It shall be the duty of each Justice of the Peace Publication to prepare, and keep posted in a conspicuous place in his office, a plain and legible statement of the fees allowed by law to Justices of the Peace and Constables, upon pain of forfeiting for failure so to do, fifty dollars, to be recovered, with costs, by any person, before any other Justice of the Peace of the county.

Sec. 174. The Board of Supervisors, upon receiving a Vacancy. certified copy of the record of conviction of any officer for receiving illegal fees, must declare his office vacant.

Sec. 175. It shall be the duty of all officers in this Act Incomplete named to complete the business of their respective offices to the time of the expiration of their respective terms; and in case any officer at the close of his term shall leave to his successor official labor to be performed, which it was his duty to perform, he shall be liable to pay to his successor the full value of such services.

SEC. 176. No fee or compensation of any kind must be

of legal fees. Fees not receivable.

Board to

County charges.

charged or received by any officer for duties performed or services rendered in proceedings upon habeas corpus or natu. ralization, nor for administering or certifying the oath of office.

Sec. 177. Accounts for county charges of every descripendit county tion must be presented to the Board of Supervisors to be charges.

audited, as prescribed in this Act.

SEC. 178. The following are county charges :

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

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

3. The sums required by law to be paid to Grand Jurors and indigent witnesses in criminal cases.

4. The accounts of the Coroner of the county for such ser. vices as are not provided to be paid otherwise.

5. 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

6. 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.

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

8. Every other sum directed by law to be raised for any county purposes under the direction of the Board of Super. visors, or declared to be a county charge.

9. The accounts of Constables rendered for the county in criminal proceedings before Justices' Courts, except when in this Act they are salaried officers.

SEC. 179. When a criminal action is removed before trial, charge. the costs accruing upon such removal and trial shall be a

charge against the county in which the indictment or information was found.

SEC. 180. 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 books 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 suflicient 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

Costs; when a county

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accrued
costs.

effect

class.

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.

SEC. 181. Any provision of this Act creating a county Act takes office in any county shall not (except for election purposes) take effect prior to the first Monday after the first day of January, eighteen hundred and eighty-five.

SEC. 182. The provisions of this Act, so far as it relates to Present the fees and salaries of all officers named, except Justices of not affected. the Peace and Constables, shall not affect the present incumbents; provided, that when the salary of any such officer, or fees in lieu of such salary, is not now fixed by law, the same shall as to such officer take effect immediately.

Sec. 183. Counties created or organized after the passage supervisors and approval of this Act shall immediately come under and cl be governed by its provisions, so far as the same are applica·ble thereto; provided, that 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 further, that the salary of county Salaries not officers shall in no way be affected by reason of such division of the county or order of the Board of Supervisors for the term for which they were elected and shall have qualified; provided further, that all newly created counties shall, for the purpose of fixing the salaries and fees of county and township officers, enter the class of counties having a population of five thousand and under fifty-three hundred, and shall be so classified until classified by a census as by this Act provided.

SEC. 184. All Acts and parts of Acts inconsistent with this Act are hereby repealed.

affected.

CHAPTER LXXVI.

An Act to amend the Constitution.

[Approved March 15, 1883.)

AMENDMENT TO THE CONSTITUTION.

ment.

The Legislature of the State of California, at its twenty-fifth Amend

session, commencing on the first Monday after the first day of January, A. D. eighteen hundred and eighty-three, two thirds of all the members elected to each of the two Houses of said Legislature voting in favor thereof, hereby propose that section seven of article nine of the Constitution of the State of California be amended so as to read as follows:

Section 7.

The Governor, Superintendent of Public

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