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ASSESSORS, TAX

official oath and bond, p. 403; duties, pp. 403-407; to
act as Sheriff, p. 408; to appoint a deputy, p. 408;
salary of, p. 409; Ventura, bond of, p. 488.

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ADMINISTRATORS, AND COMMISSIONER OF HIGHWAYS.

SECTION 4300. Duties of Assessor.

PUBLIC

4301. Duties of Tax Collector.

4302. Duties of School Superintendents.

4303. Duties of Public Administrator.

4304. Duties of Commissioner of Highways, and Road Com-
missioners and Overseers.

Assessor.

4300. The Assessor must perform such duties as Duties of are prescribed in Title IX, Part III of this Code.

NOTE.-See Secs. 3627-3663, 3820-3830, 3839-3862,
ante, and notes. See, also, general references in notes
to Secs. 4103 and 4268, ante. Local and special Acts
are to be found in Stats. 1871-72 on the subjects and
pages given below relating to Assessors of county:
Butte, salary of, p. 270; El Dorado, bond of, p. 412; El
Dorado, salary and fees, p. 894; El Dorado, ex officio
Tax Collector, p. 593; El Dorado, salary of, p. 593; El
Dorado, fees of, p. 593; El Dorado, bonds of, p. 594;
Humboldt, salary of, p. 169; Los Angeles, salary of, p.
159; Mariposa, to be paid portion of salary by the
State, p. 899; Napa, salary of, p. 437; Nevada, ex officio
Tax Collector, p. 457; Nevada, salary of and for depu-
ties, p. 843; Placer, election of and salaries, pp. 171,
172; San Luis Obispo, salary of, p. 426; Santa Clara,
to be Collector of poll taxes, p. 534; Santa Clara, fees
of, p. 535; Sierra, to be ex officio Treasurer, p. 582;
Sierra, salary as ex officio Treasurer, p. 582; Sierra, to
correct certain errors on assessment rolls, p. 692; Te-
hama, salary and duties of, p. 756;
p. 488; Ventura, salary of, p. 489;
ing assessment of animals, p. 754.

Ventura, bond of,
Duties of concern-
These, as well as

all other Acts of 1871-72 are subject to construction
under Secs. 5-18 and 323-330, ante, in their relation to
the Code.

4301. The Tax Collector must perform such duties Duties of

as are prescribed in Title IX, Part III of this Code.

Tax
Collector.

Duties of

School Superintendents.

NOTE.-See Secs. 3746-3810, ante, and notes. See, also, general references in notes to Secs. 4103 and 4268, ante. Local and special Acts are to be found in Stats. 1871-72 on the subjects and pages given below relating to Tax Collector: Alameda, duty concerning delinquent taxes, p. 38; El Dorado, election of, p. 377; El Dorado, bonds of, p. 378; Nevada, salary and fees of, p. 844; Placer, relative to collection of personal property and poll tax, p. 656; San Bernardino, fees of, p. 494; Duties of, p. 586; Fees of, pp. 178, 179. How construed, see Secs. 5-18, 323-330, ante, and notes, in their relation to the Code. Fees and salaries under existing laws not disturbed.-See Sec. 4321, post.

4302. The School Superintendent must perform such duties as are prescribed in Title III, Part III of this Code.

NOTE.-See Secs. 1542-1550, ante; also, general references in notes to Secs. 4103 and 4268, ante. Local and special Acts of 1871-72, relating to schools, are referred to here for convenience, giving the subject and page of the statute where found. Directors of in Town of Alameda, p. 280; tax, p. 281; Contra Costa, providing deficiencies in funds, pp. 234-235; El Dorado, consolidating Negro Hill School District with Natoma District, Sacramento, p. 475; Mendocino, Ukiah District, tax for, p. 22; Monterey, salary of Superintendent of, p. 316; Sacramento, Grant District, to expend County Fund in repairing, etc., p. 362; San Francisco, to provide for support of, pp. 846-853; San Francisco, classification of, p. 852; San Francisco, separate for the depraved, p. 850; San Joaquin, Superintendent of to apportion moneys, p. 361; San Joaquin, transfer of moneys to General School Fund, p. 361; San José, application of school moneys, p. 352; Santa Barbara, Trustees of School District of to issue bonds, pp. 123, 124; Santa Barbara, Trustees of San Buenaventura District to issue bonds, pp. 395-397; Siskiyou, apportionment of school moneys, p. 231; Siskiyou, School Fund of, p. 2; Siskiyou, support of, p. 2; Siskiyou, transfer of funds, p. 81; Siskiyou, transfer of Indian to School Fund, p. 418; Stanislaus, Superintendent of to have an office, p. 35; Stanislaus, to erect school house in Modesto District, pp. 313-315; Stockton, funding of school debt, p. 557; Stockton, adjustment of value of school property adjacent to City of, p. 530; Sutter, to construct a public school house in Yuba District, pp. 271, 272; Tehama, Red Bluff District, to levy tax for, p. 356; Tehama, Red

Bluff District, Trustees to borrow money, p. 764; Te-
hama, support of in certain districts, p. 130; Vallejo,
School Fund of Township of, p. 523; Vallejo, special
tax for, p. 523; Yolo, Plainfield School District, tax
for, p. 699; Yolo, Woodland School District, to com-
plete school house in, p. 725; Yolo, Woodland School
District, to borrow money, pp. 150, 151; Yolo, Yolo
School District, to pay indebtedness of, pp. 274, 275;
State and county school funds, how used, p. 362.

Duties of

Public

4303. The Public Administrator must perform such duties as are prescribed in Chapter XIII, Title Adminis XI, Part III, of THE CODE OF CIVIL PROCEDure.

NOTE.-See Code Civil Procedure, Secs. 1726-1743, and notes. Local and special Acts are to be found, with subjects, in Stats. of 1871-2, pages as follows: Public Administrators-Contra Costa, to act as Coroner, p. 170; Contra Costa, official bond of, p. 183; Merced, official bond of, p. 21.

Stats. 1871-2, p. 796.

An Act to provide for Public Administrators in cer-
tain cases.

[Approved March 30, 1872.]

[Enacting clause.]

SECTION 1. If the Public Administrator of any county of this State fails to qualify, or in person fails to perform the duties of his office, the Coroner of such county shall be ex officio Public Administrator; and in case both Public Administrator and Coroner fail to qualify or to perform the duties appertaining thereto, the Supervisors shall appoint a suitable person to be Public Administrator; and all laws applicable to the qualification, powers, duties, and compensation of Public Administrator shall apply to the Coroner or appointee of the Supervisors as aforesaid.

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

4304. The Commissioner of Highways and Road Overseers must perform such duties as are prescribed

in Title VI, Part III, of this Code.

NOTE.-See Sec. 2646 and others following, ante. See, also, general references in notes to Secs. 4103 and 4290, ante.

trator.

Duties of sioner of

Commis

Highways, and Road Commissioners and

Overseers.

Constables
to attend
Justices'
Courts.

Governed

by the law

Sheriffs'

duties.

ARTICLE XII.

CONSTABLES, JUSTICES OF THE PEACE, AND INFERIOR OFFICERS.

SECTION 4314. Constables to attend Justices' Courts.

4315. Governed by the law prescribing Sheriffs' duties.
4316. Duties of Justices of the Peace.

4314. Constables must attend the Courts of Justices of the Peace within their townships whenever so required, and within their counties execute, serve, and return all process and notices directed or delivered to them by a Justice of the Peace of such county or by any competent authority.

NOTE.-See notes generally to Secs. 220, 4103 and 4268, and references there given. Constables may appoint deputies.-Taylor vs. Brown, 4 Cal., p. 188; see Secs. 865, 875-879, ante. Where he may execute process and where not.-See Lowe vs. Alexander, 15 Cal., p. 296. May, in the cases mentioned in Secs. 902-904 of the Code of Civil Procedure, execute process out of township.-Lafontaine vs. Greene, 17 Cal., p. 294. What Constable's deed must recite.-Wiscman vs. McNulty, 25 Cal., p. 230. See Penal Code Cal., "Purchasing judgment," Sec. 97; "Suffering escape," id., Sec. 108; "Refusing to make arrest," id., Sec. 142. See special and local Acts of 1872, subjects and pages following: "Constables," El Dorado, bonds of, p. 595; Calaveras, fees as Tax Collectors, p. 177.

4315. All the provisions of Article IV of this

prescribing Chapter, except the fourth and sixth subdivisions of Section 4176, apply to Constables and govern their powers, duties, and liabilities.

Duties of
Justices of

4316. Justices of the Peace must perform such the Peace. duties as are prescribed in Title XI, Part II, of THE CODE OF CIVIL PROCEDURE, and such other duties as are prescribed by law.

NOTE.-See Code Civil Procedure Cal., "Election, term, jurisdiction."-Secs. 113-117, and notes. Writs of review not to issue.-Sec. 1068; id., nor prohibition, Sec. 1103; nor mandate, Sec. 1085. Purchasing judgment be punished by (Sec. 97, Penal Code Cal.; see id., Secs. 92-98;) magistrate, id., Sec. 808; see Civil

Code Cal., Secs. 70, marriage; 1181, acknowledgments;
265, apprenticing child; 311, order meeting of corpora-
tion. Lost property, duties regarding.-See Secs. 3137,
3138, ante. Have jurisdiction of action for damages to
real property when the title or right of possession is not
involved.-Cornett vs. Bishop, 39 Cal., p. 319. See
special and local Acts of 1872, subjects and pages fol-
lowing: Justices Courts, San Francisco, amending Act
organizing and regulating, p. 758; San Francisco,
Justices' summons, p. 94; Justice of the Peace, El
Dorado, bonds of, pp. 412, 495; San Francisco, fees of,
p. 93; San Francisco, jurisdiction of, p. 84.

CHAPTER IV.

SALARIES AND FEES OF OFFICE.

SECTION 4328. Salaries of County Judges and District Attorneys. 4329. Salary of County Judges fixed.

4330. Salary of District Attorneys fixed.

4331. Continuing Acts fixing salaries and fees of county

officers.

4332. Officer to perform service when fees are paid.

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

habeas corpus.

County

District

4328. The salaries of County Judges and District Salaries of Attorneys must be paid monthly from the County Judges and Treasury, on the warrants of the County Auditor. Attorneys. Their salaries are fixed in the succeeding sections of this Chapter.

4329. The salaries of County Judges are as fol- Salary of lows:

1. Of San Francisco, five thousand dollars;

County

Judges fixed.

2. Of Sacramento, three thousand dollars;

3. Of Alameda, twenty-five hundred dollars;

4. Of Nevada and Yuba, twenty-four hundred dollars;

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

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