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CHAP. LXII.- An Act to amend an Act entitled an Act to fix

the terms of the County Court of the County of Monterey, approved March thirtieth, eighteen hundred and seventy-two.

[Approved February 9, 1876.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows : SECTION 1. Section one of said Act is hereby amended so Terms. as to read as follows: Section 1. The terms of the County Court of Monterey County shall be held on [the] third Monday of February, April, June, September, and the first Monday of December of each year,

SEC. 2. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed.

SEC. 3. This Act shall take effect and be in force from and after its passage.

CHAP. LXIII.- An Act in relation to the county officers of Santa

Clara County, their fees and salaries.

[Approved February 10, 1876.]

Judge,

The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The County Treasurer of the County of Santa Duties of Clara shall be ex officio County Tax Collector for said officers. county, and shall perform the duties required by law of County Tax Collectors. The County Recorder of said county shall be ex officio County Auditor, and shall perform the duties required by law of County Auditors; and the Coroner of Santa Clara County shall be ex officio Public Administrator of said county, and shall perform the duties required by law of Public Administrators.

SEC. 2. The county officers of the County of Santa Clara, salaries of in this section named, shall severally receive, as compensa-K. tion for their services, the respective salaries by this section Recorder, provided, to wit: The County Judge, an annual salary of three thousand dollars; the County Clerk, an annual salary Treasurer, of two thousand dollars; the County Recorder, as County Collector, Recorder and ex officio County Auditor, an annual salary of

Attorney, two thousand dollars; the Sheriff, an annual salary of four and thousand dollars; the County Treasurer, as County Treas- Supervisors. urer and ex officio County Tax Collector, an annual salary of two thousand five hundred dollars; the District Attorney, an annual salary of five hundred dollars; the Superintendent of Schools, an annual salary of twelve hundred dollars; each member of the Board of Supervisors, as member of the Board, and ex officio Roadmaster of his respective supervisor district, an annual salary of eight hundred dollars.

Anditor, Sheriff,

District

Fees of Surveyor.

Of Public Administrator.

Of Assessor.

SEC. 3. The County Surveyor of said county shall receive, as compensation for the performance of his duties, the fees now provided by law.

SEC. 4. The Coroner and ex officio Public Administrator of said county shall receive, as compensation for his services, the fees as in this section provided. His fees as Coroner shall be: For summoning a jury of inquest, two dollars; for swearing a jury, forty cents; for issuing a subpæna for one or more witnesses, twenty-five cents; for issuing a warrant of arrest, forty cents; for each mile necessarily traveled in going to the place of the dead body, fifteen cents; which fees in all inquests shall be paid out of the effects of the deceased, if any; if not, from the county treasury; for swearing each witness, fifteen cents; for taking down testimony, per folio, fifteen cents. When acting as Sheriff he shall receive the same fees as by that officer collected for like services. His fees as Public Administrator shall be four per cent. upon the amount of the estate administered upon by him, which percentage shall be the only compensation allowed for his services.

SEC. 5. The County Assessor of said county shall receive, as compensation for his services, an annual salary of one thousand five hundred dollars. He shall also receive for his services in collecting the taxes on personal property five per cent. on the amount of all such tax belonging to the county and collected by him, and such percentage on the amount of said tax belonging to the State and collected by him as is now provided by law. He shall also receive for his services in collecting road and other poll-taxes belonging to the county ten per cent on the amount of all such taxes collected by him, and such percentage on the amount of said taxes belonging to the State and collected by him as is now provided by law. Such percentages shall belong, and be paid, to the Assessor, or to the several Deputy Assessors actually collecting the same, in proportion to the amount by each collected, and if collected by Deputy Assessors, shall be in addition to the compensation provided for Deputy Assessors by section thirteen of this Act; and in such case the County Assessor shall receive no portion thereof.

SEC. 6. The Sheriff of the County of Santa Clara shall, in addition to the salary provided by section two of this Act, receive, for his own use, the mileage paid by the State for the transportation of convicts and insane persons, and all rewards paid to him for the apprehension, arrest, or conviction of criminals; and in case he renders other services outside of the county, the Board of Supervisors may, in their discretion, allow him the amount of his actual expenses, and the same shall be paid from the Salary Fund of said county, and be in addition to the salary provided by section two of this Act.

SEC. 7. The County Treasurer of said county shall receive, in addition to the salary prescribed by section two of this Act, the mileage paid by the State to County Treasurers in making settlements with the State Treasurer.

SEC. 8. The District Attorney of said county shall receive,

Of Sheriff.

Treasurer's mileage.

in addition to the salary provided by section two of this Act, District the following fees, to wit: In criminal cases, for each con- Attorney's viction of felony, where the punishment is death, twenty-five dollars; for each conviction of felony, where the punishment is imprisonment, twelve dollars--the foregoing fees, in this section mentioned, shall be paid out of the county treasury; for each conviction of a misdemeanor, eight dollars, which shall be payable out of the fines collected; and if no fine is collected it shall become a county charge, and paid out of the county treasury. All fees allowed by law by the Acts prohibiting gambling, lotteries, and like schemes, shall be payable out of the fines imposed, which fees shall, in no event, be paid by the county, nor become a charge against the county. In civil cases, for all collections on bonds, undertakings, or recognizances, and for all collections by action for the county, or for the State and county, other than taxes, eight per cent. of the amount actually collected and actually paid to the custodian of the fund collected; said per cent. shall not exceed the sum of five hundred dollars in any one case. For the collection of delinquent taxes, ten per cent, upon the amount due for taxes, if paid before judgment, and fifteen per cent. if paid after judgment, which amount shall be added to the taxes and be paid by the party charged; in no event shall said percentage for the collection of taxes be paid by the county, nor become a county charge. In civil actions, to which the county is a party, other than for the collection of money, such reasonable compensation as the Board of Supervisors may prescribe, not exceeding five hundred dollars in any one case.

The fees and compensation provided by this section, added to the salary provided by section two of this Act, shall not exceed the sum of three thousand dollars for any one year. All excess over that amount shall be paid by said District Attorney into the Salary Fund of said county, or such excess may be with held by the Board of Supervisors, either from his salary or from fees chargeable against the county:

SEC. 9. The salaries provided by section two of this Act salaries to shall be paid monthly, and the County Auditor shall, at the til end of each month, draw his warrant on the County Treasurer for one-twelfth of the respective salaries named, in favor of the respective officers named in said section, and the County Treasurer shall pay the same out of the fund hereinafter named.

SEC. 10. The fees, percentage and charges now established collection of by law for the performance of any act or duty by any of the following-named officers of said county, to wit: the County Clerk, the County Recorder, the County Recorder as ex officio County Auditor, the Sheriff in civil actions, the County Assessor, except as otherwise in this Act provided, the ('ounty Treasurer, the County Treasurer as ex officio County Tax Collector, for all services rendered except services rendered for or now payable by said county, shall continue and remain the established fees, percentages and charges for such act or duty; and the laws now in force, so far as the same now fix and establish such percentage, fees, and charges as in this sec

be paid

monthly.

fees.

Official statements.

Salary Fund.

tion limited, are hereby continued in force, and the respective officers in this section named are hereby required to severally collect from the persons charged with the payment thereof, said fees, percentage, and charges, for such act or duty performed or to be performed; and they shall severally pay the same, excepting the fees named in sections five, six, and seven of this Act, into the county treasury of said county, and the same shall thereafter constitute the Salary Fund of said county.

SEC. 11. All fees to be collected by the officers as provided by section ten of this Act, except those chargeable against the county, shall be payable and collected in advance, in gold or silver coin, by said officers; and each of the officers named in section ten of this Act shall, on the first Monday of each month, pay into the county treasury the said fees collected in accordance with section ten of this Act. Each of sa

officers, except the County Recorder and ex officio County Auditor, shall at the same time make an itemized and verified statement in duplicate, showing the amount of services performed by such officer for which fees are chargeable, and the amount of money collected, and file one of said duplicate statements with the County Auditor, and the other with the Board of Supervisors of said county; a like statement shall be made in duplicate by the County Recorder as County Recorder and ex officio County Auditor, and one of said duplicates filed with the County Treasurer and one with the Board of Supervisors of said county.

SEC. 12. The receipts and incomes of the following officers, to wit: the Sheriff, the County Assessor, except as in this Act otherwise provided, the County Treasurer, the County Treasurer as ex officio County Tax Collector, the County Clerk, the County Recorder, and the County Recorder as ex officio County Auditor, and the other moneys required by this Act to be paid into the county treasury, shall constitute the fund out of which the salaries and compensation of the officers named in this Act, and their deputies, shall be paid ; and if said fund is insufficient for that purpose, the deficiency shall be paid out of the Current Expense Fund of said county. If any balance shall remain in said Salary Fund on the first Monday of March of each year, such balance shall be transferred by the County Treasurer to the Current Expense Fund of said county.

SEC. 13. The Board of Supervisors of said county shall prescribe the number of deputies or employés that each principal officer, in this Act named, shall employ, which number may be changed from time to time. The salaries of such deputies shall be paid as provided by section twelve of this Act, and shall not exceed the following amounts, to wit: The principal Deputy Clerk, Depụty Recorder, and Deputy Treasurer, each the sum of one hundred and twenty-five dollars per month, and each additional deputy, except Deputy Sheriff's, as hereinafter provided, one hundred dollars per month. Under Sheriff and principal Deputy Sheriff, each one hundred and fifty dollars per month. All other Deputy Sheriffs, not to exceed the sum of seventy-five dollars

Deputies salaries.

.

County

.

per month, each; such compensation to be determined by
the Board of Supervisors of said county ; Bailiffs of Courts,
not exceeding three dollars per day, for each day's actual
attendance on Court; Deputy Assessors, not exceeding four
dollars per day for the time actually employed in the dis-
charge of the duties of the office, and in addition the per-
centage as provided in section five of this Act.

SEC. 14. The salaries and compensation in this Act pre-
scribed shall be in full for all services required by law of any
officer in this Act named, both ex officio and otherwise.

SEC. 15. No fees or compensation shall be paid to the Claims of
Assessor, Deputy Assessors, District Attorney (excepting his officers.
salary), Surveyor, Coroner, or Bailiff of Court, unless said
officers and said deputies shall severally file with the Board
of Supervisors an itemized and verified statement of services
rendered for which the compensation is claimed.

Sec. 16. The Board of Supervisors of said county shall
furnish all county officers in this Act named with an office offices.
in the Court-house building of said county; and no county
officer shall be furnished or provided with an office else-
where at the expense of said county. The Board of Super-
visors shall also furnish to the various officers in this Act
named the necessary stationery, fuel, and light, for their
respective offices, and shall, from time to time, examine the
books, incomes, and business of said officers.

Sec. 17. The Board of Supervisors of said county are Official
hereby authorized to adjust and increase the amount of bonds.
penalty of the official bonds of any of the officers in this
Act named, so as to secure the faithful discharge of the
duties to be performed by said several officers, and also by
said several officers ex officio, as provided by section one of
this Act.

SEC. 18. The Board of Supervisors of said county shall County Jail.
have the full financial management of the County Jail of
said county, and shall prescribe the number and compen-
sation of the employés therein. Such management shall
not prevent the control of the prisoners confined therein,
now exercised by the Sheriff of said county, and shall not
take from said Sheriff the appointment of said employés.

SEC. 19. If any principal officer named in this Act shall Mindle-
demand or receive, by gift or donation, from any deputy in meanor.
his employ, any portion of the salary of such deputy, such
principal shall be guilty of a misdemeanor, and upon convic-
tion thereof shall be punished by a fine not exceeding three
hundred dollars, or by imprisonment not exceeding six
months, or by both fine and imprisonment.

Sec. 20. If any officer in this Act named shall retain or Penalty for
convert to his own use any of the moneys required by this propriat-
Act to be paid into the county treasury of said county, such funds.
officer shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine not exceeding five hundred
dollars, and by imprisonment not exceeding six months ;
and upon such conviction the office of the officer convicted
shall be vacant, and the Board of Supervisors of said county
shall fill such vacancy as in cases of other vacancies. Such

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