belong to and be known as counties of the fortieth class. [Tuolumne.]

Counties having a population of nine thousand eight hundred and under ten thousand two hundred shall belong to and be known as counties of the forty-first class. [Merced.]

Counties having a population of nine thousand and under nine thousand eight hundred shall belong to and be known as counties of the forty-second class. [San Benito.]

Counties having a population of eight thousand eight hundred and under nine thousand shall belong to and be known as counties of the fortythird class. [Kings.]

Counties having a population of eight thousand five hundred and under eight thousand eight hundred shall belong to and be known as counties of the forty-fourth class. [Sutter.]

Counties having a population of seven thousand nine hundred and under eight thousand five hundred shall belong to and be known as counties of the forty-fifth class. [Madera.]

Counties having a population of seven thousand five hundred and under seven thousand nine hundred shall belong to and be known as counties of the forty-sixth class. [Lake.]

Counties having a population of seven thousand four hundred and under seven thousand five hundred shall belong to and be known as counties of the forty-seventh class. [Glenn]

Counties having a population of six thousand five hundred and under seven thousand four hundred shall belong to and be known as counties of the forty-eighth class. [Sierra.]

Counties having a population of five thousand nine hundred and under six thousand five hundred shall belong to and be known as counties of the forty-ninth class. [Plumas.]

Counties having a population of five thousand seven hundred and under five thousand nine hundred shall belong to and be known as counties of the fiftieth class. [Mariposa.]

Counties having a population of five thousand five hundred and under five thousand seven hundred shall belong to and be known as counties of the fifty-first class. [Modoc.]

Counties having a population of five thousand three hundred and under five thousand five hundred shall belong to and be known as counties of the fifty-second class. [Lassen.]

Counties having a population of four thousand nine hundred and under five thousand three hundred shall belong to and be known as counties of the fifty-third class. [Trinity.]

Counties having a population of four thousand and under four thousand nine hundred shall belong to and be known as counties of the fifty-fourth class. [Inyo.]

Counties having a population of three thousand and under four thousand shall belong to and be known as counties of the fifty-fifth dass. [Del Norte.]

Counties having a population of two thousand and under three thousand shall belong to and be known as counties of the fifty-sixth class. [Mono.] Counties having a population of under two thousand shall belong to and be known as counties of the fifty-seventh class. [Alpine.]

Section 162 of former county government acts.

Each county of the state constitutes a "class" under this section, and by the succeeding fiftyseven sections, the compensation of the several officers in the several counties is provided for.

Under the provisions of the Political Code [4007, 4025], it is the duty of the supervisors to redistrict and reclassify their county, whenever by a new census, the class of the county, by population, has become changed. Hull v. Superior Court, 63 Cal. 177. But see section 231 of this act, post.

The courts will take judicial notice of census returns. The census returns mentioned in section 4007, Political Code, is that taken by the United States. People v. Williams, 64 Cal. 87. Hull v. Superior Court, 63 Cal. 177.

The legislature is prohibited from passing special or local laws creating offices, or prescribing the powers and duties of officers in counties, cities, cities and counties, townships, election or school districts, or affecting the fees or salary of any officer. Subdivisions 28, 29, section 25, article IV, constitution.

The legislature is required to provide by general and uniform laws for the election or appointment of county, township and municipal officers, prescribe their duties, fix their term of office, and regulate the compensation of all such officers, in proportion to duties, and for this purpose may classify the counties by population. Section 5, article XI, constitution.

The county government act of 1883, established forty-eight "classes" of counties for the purpose of regulating the fees or compensation of officers. There were then fifty-two counties in the state. In Longan v. Solano county, 65 Cal. 125, it seems to have been argued that the constitutional provision required the legislature to regulate the compensation of officers in accordance with its classification by population. But the court held this was not at all so, but that the requirement of the constitution is that compensation shall be regulated according to duties, and that as a means of

accomplishing this the legislature is authorized to classify the counties by population. The courts cannot say how many classes should be created. The proper determination of that question depends upon a variety of considerations which are for the legislature and not for the courts. The same is said in Summerland v. Bicknell, 111 Cal. 570, where the Longan case and others are cited.

By act of March, 1885 [Stats. pp. 166-195], the legislature, by several enactments, revised the act of 1883 "relating to the classification of counties," and "by amending and revising and subdividing into new sections" a number of the sections of the act, among which was section 163, relating to compensation of officers in counties of the thirty-fifth class. Mono county was in that class, and while the classification was not changed, the salaries were; the clerk's salary being reduced from $3000 to $1600 per annum. It was also provided that as to all counties, excepting those of the tenth, thirty-fifth, and forty-sixth classes, the act should not take effect until after the expiration of the term of the then incumbents in office; but as to the three excepted counties the act should have immediate effect. Upon this ground the act was held special legislation and contrary to subdivision 29 of section 25, article IV, of the constitution. Miller v. Kister, 68 Cal. 144. But see Cody v. Murphy, cited, infra, and also People v. Henshaw, 76 Cal. 444.

Several provisions of the act of 1893 as to

when it should take effect for different purposes is discussed in Martin v. Santa Barbara, 105 Cal. 209. Santa Barbara was a county of the twenty-first class, and it was held that as to constables in counties of that class, the act did not effect fees of the incumbents, but that they were still governed by the fee bill of 1870. The decision in that case would seem to be peculiarly important in understanding similar provisions of the present act, which provides in many instances that the fees shall be "such as may be provided by law." That case also decides that "fees" and "salary" are synonymously used, and mean the "compensation" of the officer.

It is believed, however, that the fee bill of 1895, (pages 433 445 of this volume) now governs as to constables, justices and others who are not given a fixed salary in the present act. See Miller v. Curry, 113 Cal. 645, where it is held that the act of 1895 repeals the former fee bill for San Francisco.

That "fees" and "percentages" are used synonymously, meaning compensation allowed an officer for services, see also Smith v. Dunn, 68 Cal. 56. And it is also held in this case that the county government act of 1883, did not repeal the former acts of May, 1861, p. 453; March, 1870, p. 164, section 13; nor section 3428 of Political Code, concerning fees of certain officers.

By section 182 of the act of 1883, it was provided that as to fees and salaries of all officers except justices of the peace and constables, the