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of the peace of cities or towns, and justices' courts of cities Jurisdicor towns, shall have the same jurisdiction, civil and criminal, tion. as justices of the peace of townships, and township justices' courts. Said justices of the peace of cities, and justices' court of cities, shall also have jurisdiction of all proceedings for the violation of any ordinance of any city in which courts are established, both civil and criminal, and of all actions for the collection of any license required by any ordinance of any such city or town, and generally exercise all powers, duties and jurisdiction, civil and criminal, of police judges, judges of the police court, recorder's court, or mayor's court within such city. No person is eligible to the office of justice of the peace in any Eligibility. city or town of the first, first and one half, second or third class who has not been admitted to practice law in a court of record; and no justice of the peace is permitted to practice law before another justice of the peace in the city, town or county in which he resides, or to have a partner engaged in the practice of law in any justice's court in such city, town or county. Every Salary. city justice of the peace in any city or town of the fourth class shall receive a salary of fifteen hundred dollars per annum, and every city justice of the peace in any city or town of the second or third class shall receive a salary of two thousand dollars per annum; and every city justice of the peace in any city or town of the first and one half class shall receive a salary of twenty-four hundred dollars per annum; and each city justice office. of the peace shall be provided by the city or town authorities with a suitable office in which to hold his court. Where the Fees to be paid to compensation of the justice of the peace of any city or town is by salary, it shall be paid by warrants drawn each month upon the salary fund, or, if there be no salary fund, then upon the general fund, of such city or town, such warrants to be audited and paid as salaries of other city officials. All fees which are chargeable by law for services rendered by such city justices of the peace in the cities or towns aforesaid shall be by them, respectively, collected, and on the first Monday of each month every such city or town justice of the peace shall make a report, under oath, to the city or town treasurer of the amount of fees so by him collected, and pay the amount so collected into the city or town treasury to the credit of the general fund thereof. Said salary shall be the sole compensation of said city justices; provided, that the provisions of this section as to the establish- Recorders' ment of justices' courts and city justices of the peace in cities courts. or towns, shall not apply to cities or towns in which recorders' courts or city or town recorders are now or may hereafter be established, and city justices' courts now existing in such cities or towns are hereby abolished.

SEC. 2. This act shall take effect and be in force from and after January first, nineteen hundred and seven.

city.

Counties of eleventh class.

Salaries of county officers.

CHAPTER CXCII.

An act to amend section 168, of an act entitled 'An act to establish a uniform system of county and township governments,' approved April 1st, 1897, and an amendment thereto, entitled 'An act to amend an act entitled 'An act to establish a uniform system of county and township governments,' approved April 1st, 1897, by amending certain sections thereof, repealing certain other sections, and adding certain sections thereto," approved March 23d, 1901.

[Approved March 19, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

Section 168 of an act entitled "An act to establish a uniform system of county and township governments," approved April 1st, 1897, is hereby amended to read as follows:

Section 168. In counties of the eleventh class, the county and township officers shall receive, as compensation for the services required of them by law, or by virtue of their office, the following salaries, to wit:

1. The county clerk, three thousand six hundred dollars per annum; and in counties of this class, there shall be, and there hereby is allowed to the county clerk, one deputy, who shall be appointed by the county clerk and shall be paid a salary of nine hundred dollars per annum, and one registration clerk, who shall be appointed by the county clerk, and shall be paid a salary of seven hundred and fifty dollars per annum; said salaries to be paid by such county, in monthly installments, at the time and in the manner and out of the same fund as the salary of the county clerk is paid.

2. The sheriff, five thousand dollars per annum; and in counties of this class, there shall be, and there hereby is allowed to the sheriff, one deputy, who shall be appointed by the sheriff and shall be paid a salary of one thousand five hundred dollars per annum, said salary to be paid by such county, in monthly installments, at the time and in the manner and out of the same fund as the salary of the sheriff is paid.

3. The recorder, two thousand four hundred dollars per annum, and in counties of this class, whenever the amount of the fees required by law to be collected, shall in any one month exceed the sum of four hundred dollars, the recorder may, in addition to his salary, retain for his own use and benefit, one half of all such excess fees.

4. The auditor, one thousand five hundred dollars per annum. 5. The treasurer, two thousand four hundred dollars per

annum.

6. The tax collector, two thousand eight hundred dollars per

annum.

7. The license collector, ten per cent of all licenses collected by him.

8. The assessor, four thousand dollars per annum.

Counties of eleventh

9. The district attorney, two thousand four hundred dollars class.

per annum.

10. The coroner, such fees as are now, or may hereafter be allowed by law.

11. The public administrator, such fees as are now, or may hereafter be allowed by law.

12. The superintendent of schools, two thousand dollars per annum; and in counties of this class, there shall be and there is hereby allowed to the superintendent of schools, one deputy, who shall be appointed by the superintendent of schools, and shall be paid a salary of seven hundred and fifty dollars per annum; said salary to be paid by such county in monthly installments, at the time and in the manner, and out of the same fund as the salaries of county officers are paid.

13. The surveyor, one thousand five hundred dollars per annum; and necessary traveling expenses while in the performance of the duties of his office.

visors.

14. Each supervisor, nine hundred dollars per annum, and Supermileage at twenty cents per mile, for all distances traveled by him as supervisor or as road commissioner; such mileage not to exceed, in any one year, the sum of seven hundred and fifty dollars.

15. The official shorthand reporter, two thousand dollars Shorthand per annum, for the department of the superior court to which reporter. he has been appointed. Whenever one reporter shall be appointed to, and shall perform the duties required of the official shorthand reporter, for more than one department of said superior court, he shall receive a salary therefor of two thousand five hundred dollars per annum. Said salary shall be payable at the same time and in the same manner as the salaries of other county officers are paid. In addition thereto, he shall receive for transcribing notes, the sum of ten cents per folio for the original, and five cents per folio for all copies thereof. Subdivision fifteen hereof, relating to the salaries and fees of official shorthand reporter, shall take effect immediately.

the peace.

16. In townships having a population of seven thousand or Justices of over in counties of this class, two justices of the peace shall be elected, and each shall receive a salary of fifty dollars per month. In townships having a population less than seven thousand, there shall be but one justice of the peace elected and he shall receive a salary of twenty dollars per month. Such salaries shall be payable at the same time and in the same manner, and out of the same fund as county officers are paid. All justices in counties of this class shall, in addition to the salaries above provided for, receive and collect for their own use and benefit, the following fees, to wit:

justices of

1. Each justice of the peace shall be allowed, in a civil Fees of action, for all services before trial or entry of judgment, by the peace. default or confession, two dollars, and for all additional services in such action, including execution and satisfaction of judgment, two dollars.

Counties of eleventh class.

Fees of

2. For the trial of a civil action and all proceedings subsequent thereto, three dollars.

3. For each hour actually engaged in the trial of an action, justices of after the first day, fifty cents.

the peace.

Constables.

Fees.

4. For certificate and transmitting papers and transcript on appeal, one dollar.

5. For copies of papers on docket, per folio, ten cents.

6. For issuing a search warrant, the fee to be paid by the party demanding the same, one dollar.

7. For celebrating a marriage, and returning a certificate thereof to the county recorder, five dollars.

8. For taking an acknowledgment of an instrument, for the first name, fifty cents, and for each additional name, twenty-five cents.

9. For taking depositions, per folio, fifteen cents.

10. For administering an oath, and certifying the same, fifty

cents.

11. For issuing a commission to take testimony, one dollar. 12. For all services connected with the posting of estrays, one dollar.

13. For issuing each process, writ, order, or paper required by law to be issued, not otherwise herein provided for, twentyfive cents.

14. For each affidavit or certificate, or for administering an oath or affirmation, not otherwise herein provided for, twenty-five cents.

15. For taking and approving a bond or undertaking, including the justification of sureties, fifty cents.

16. For performing the duties of coroner, when the coroner fails to act, the same fees and mileage as are allowed the coroner in like cases.

17. For all services in a criminal action or proceeding, whether on examination or trial, three dollars; and for each hour actually engaged in the trial or hearing of such action or proceeding, after the first day of such trial or hearing, fifty cents.

18. In all cases where the venue shall be changed, the justice before whom the action is brought, shall receive three dollars for all services therein; and the justice before whom the trial shall take place shall receive the same fees as if the action had been commenced before him.

19. For taking bail in all proceedings, pending before another magistrate, fifty cents.

17. In townships having a population of seven thousand or over, in counties of this class, two constables shall be elected, and each shall receive a salary of thirty dollars per month. In townships having a population less than seven thousand, there shall be but one constable elected, and he shall receive a salary of ten dollars per month. Such salaries shall be payable at the same time and in the same manner, and out of the same fund as county officers are paid.

All constables in counties of this class shall, in addition to

the salaries above provided for, receive and collect, for their Counties of own use and benefit, the following fees, to wit:

1. For serving summons and complaint, for each defendant served, fifty cents.

2. For each copy of summons made by him, twenty-five

cents.

3. For levying writ of attachment or execution, or executing an order of arrest, or for the delivery of personal property, two dollars.

4. For serving a writ of attachment or execution on any ship, boat, or vessel, three dollars.

5. For keeping personal property, such sum as the court may order; but no more than two dollars fifty cents per day, for a keeper, when necessarily employed.

6. For taking a bond or undertaking, one dollar.

7. For copies of writs or other papers, except summons, complaints, and subpoenas, per folio, fifteen cents; provided, that when correct copies are furnished him for use, no charge shall be made for such copies.

8. For serving any writ, notice or order, except summons, complaint, or subpoena, for each person served, fifty cents.

9. For writing and posting each notice of sale of property, fifty cents.

10. For furnishing notice of publication, twenty-five cents. 11. For serving subpoenas, each witness, including copy, fifty cents.

12. For collecting money on execution, two and one half per cent.

13. For executing and delivering certificate of sale, fifty cents. 14. For executing and delivering constable's deed, two dollars and fifty cents.

15. For each mile actually traveled, within his township, in the service of any writ, order, or paper, except a warrant of arrest, in going only, per mile, twenty-five cents. No constructive mileage shall be allowed.

16. For each mile necessarily traveled within his county, outside of his township, to serve such writ, order, or paper, in going only, twenty-five cents.

17. For each mile necessarily traveled within his county, in executing a warrant of arrest, both in going to and returning from the place of arrest, fifteen cents; and the actual cost of the transportation of the prisoner or prisoners, from the place of arrest to the justice court, and the necessary expense of assistance; provided, that for traveling in the performance of two or more official services at the same time, including the service of criminal process, but one mileage shall be charged.

18. For each mile necessarily traveled outside his county, in executing a warrant of arrest, both in going to and returning from the place of arrest, fifteen cents.

19. For arresting a prisoner, two dollars.

20. For transporting prisoners to the county jail, from the justice's court, or from the county jail to the justice's court,

eleventh class.

Fees of constables.

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