Compensa Provided, however, that five per cent only shall be allowed the Sheriff or Tax Collector as fees for collecting licenses in counties of this class. SEC. 215. The salaries and fees provided in this Act shall tion in full. be in full compensation for all services of every kind and description rendered by the officers herein named, either as officers or Salaries of ex officio officers, their deputies and assistants, unless in this deputies, etc. commis sion. License commission. Act otherwise provided, and all deputies employed shall be paid by their principals out of the salaries herein before provided, unless in this Act otherwise provided; provided, and except that where an Assistant District Attorney has been heretofore appointed in any county, either under the provisions of subdivision thirty-six of section twenty-five, or under any other provisions of an Act entitled "An Act to establish a uniform system of county and township government," approved March twenty-fourth, eighteen hundred and ninety-three, and such assistant is continued by the provisions of this Act, either as an assistant or deputy in such county, then such deputy or assistant shall be paid out of the funds of such county, as heretofore or herein provided, the Assessor shall be entitled Assessor's to receive and retain for his own use six per cent on personal property tax collected by him as authorized by section thirtyeight hundred and twenty of the Political Code, and fifteen per cent of all amounts collected by him for poll taxes and road poll taxes, and also five dollars per hundred names of persons returned by him as subject to military duty, as provided in section nineteen hundred and one of the Political Code, and the License Collector shall be entitled to receive and Collector's retain for his own use ten per cent on all licenses collected by him, except where otherwise provided in this Act; provided, however, that in counties, and cities and counties of the first, second, and third class the Assessor shall receive no commission for the collection of taxes on personal property, nor shall such Assessor receive any compensation for making out military roll of persons returned by him as subject to military duty as provided by section nineteen hundred and one of the Political Code; nor shall the License Collector in cities and counties of the first class and counties of the second class receive any commission on licenses collected by him; provided, that in any county Additional where the number of Judges of the Superior Court shall have been increased since the first day of January, eighteen hundred and clerks. and ninety-seven, or shall hereafter be increased, there must be and there hereby is allowed to the Sheriff of such county, by reason of such increase, one additional deputy, to be appointed by the Sheriff, at a salary of not exceeding twelve hundred dollars per annum, to be paid at the same time and in the same manner as other county officers are paid; and also there must be and is hereby allowed to the County Clerk of such county, one additional deputy, to act as court-room clerk, for each judge so appointed or elected, at a salary not exceeding twelve hundred dollars per annum for each of said deputies, to be paid at the same time and in the same manner as other county officers are paid. The Board of No com mission in 3d classes. 1st, 2d, and deputy sheriffs prisoners. andinsane. Supervisors shall allow to the Sheriff his necessary expenses for Allowance pursuing criminals or transacting any criminal business with- to Sheriffs. out the boundaries of his county, and for boarding prisoners Boarding in the county jail; provided, that the Board of Supervisors shall fix a reasonable price at which such prisoners shall be boarded, if not otherwise provided for in this Act; provided further, that the Sheriff shall be entitled to receive and retain conveying for his own use, five dollars per diem for conveying prisoners prisoners to and from the state prisons, and for conveying persons to and from the insane asylums, or other state institutions not otherwise provided for by law; also, all expenses necessarily incurred in conveying insane persons to and from the insane asylums, and in conveying persons to and from the state prisons, or other state institutions, which per diem and expenses shall be allowed by the Board of Examiners, and collected from the State. The court shall also allow the Sheriff his Expenses necessary expenses in keeping and preserving property seized for keeping on attachment or executions, to be paid out of the fees collected property. in the action. The Sheriff may retain for his own use the mileage for service of papers or process issued by any court of the State outside of his own county. FEES TO BE PAID INTO THE COUNTY TREASURY. SEC. 216. All salaried officers of the several counties of this Fees to be State shall charge and collect for the use of their respective monthly. paid in 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 where such fees, or a percentage thereof, is allowed. such officers, and excepting also such fees as are a charge against the county. FEE BOOK. SEC. 217. Each of the officers authorized to receive fees Fee book 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. STATEMENT OF FEES. statement SEC. 218. The fees and compensation collected and charge- Monthly able for the county in each month shall be paid to the County of em Treasurer on the first Monday in 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: Form of "I, A. B., County Clerk (or other officer, as the case may be), of fees do swear that the fee book in my office contains a true statement collected. statement in detail of all fees and compensation of every kind and nature The Treasurer shall file and preserve in his office said state- Salary fund. SALARY FUND. SEC. 219. For the purpose of paying the salaries provided for in this Act, all fees directed to be paid into the county treasury shall 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 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. Salaries, how paid. Duty of Official service and fees. SALARIES-HOW PAID. SEC. 220. The salaries of such officers named in this Act 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; except 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 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. STATEMENT OF FEES MUST PRECEDE WARRANT FOR SALARY. SEC. 221. The Auditor shall not draw his warrant for the 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. OFFICIAL SERVICES AND FEES. SEC. 222. The officers mentioned in this Act are not in any case, except for the State or county, to perform any official services, unless upon the prepayment of 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. ACCOUNT AND RECEIPT FOR FEES. for fees. SEC. 223. Every officer, upon receiving any fees for official Receipt duty or service, may be required by the person paying the game 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. POSTER OF FEES OF JUSTICES. posted. SEC. 224. It shall be the duty of each Justice of the Peace Fees to be 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. ILLEGAL FEES. fees. SEC. 225. The Board of Supervisors, upon receiving a certi- Illegal fied copy of the record of conviction of any officer for receiving illegal fees, must declare his office vacant. SERVICES PERFORMED BY SUCCESSOR. SEC. 226. It shall be the duty of all officers in this Act Liable to named to complete the business of their respective offices to the successors. 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 for such services. NO FEES ON HABEAS CORPUS. SEC. 227. No fee or compensation of any kind must be No fee. charged or received by any officer for duties performed or services rendered in proceedings upon habeas corpus or naturalization, nor for administering or certifying the oath of office, nor fees or other compensation shall be paid for service rendered in an affidavit or application relating to the securing of a pension or the payment of a pension voucher, or any matter relating thereto, nor filing nor swearing to any claim or demand against any county in this State. SEC. 228. The following are county charges: County 1. Charges incurred against the county by virtue of any of charges. the provisions of this Act. 2. The traveling and other personal expenses of the District Attorney, incurred in criminal cases arising in the county, and in County charges. Cost of criminal action. Costs on removal. civil actions and proceedings in which the county is interested, and all other expenses necessarily incurred by him in the detection of crime and prosecution of criminal cases, and in civil actions and proceedings and all other matters in which the county is interested. 3. The expenses necessarily incurred in the support of persons charged with or convicted of crime and committed therefor to the county jail. 4. The sums required by law to be paid to the grand and trial jurors and witnesses in criminal cases. 5. The accounts of the Coroner of the county for such services as are not provided to be paid otherwise. 6. All charges and accounts for services rendered by any Justice of the Peace in the examination or trial of persons charged with crime, not otherwise provided for and allowed by law. 7. 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. 8. The contingent expenses necessarily incurred for the use and benefit of the county. 9. Every other sum directed by law to be raised for any county purpose under the direction of the Board of Supervisors, or declared to be a county charge. 10. The fees of Constables in criminal cases allowed by law. COST OF CRIMINAL ACTIONS ON REMOVAL. SEC. 229. When a criminal action is removed before trial, the costs accruing upon such removal and trial shall be a charge against the county in which the indictment or information was found. COSTS ON REMOVAL-HOW CERTIFIED AND PAID. SEC. 230. 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 book 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 sufficient 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 not paid. shall draw interest at the same rate, and be paid in the same Warrant |