approval of every bond or undertaking, fifty cents; for taking and certifying depositions, twenty-five cents per folio; for every delinquent tax case referred to the Commissioner for all services performed by him, three dollars. Said fees to be paid by the party by whom or at whose instance the matter may be brought before said Commissioner, or if referred by the Court without motion from either party, or if by consent thereby the plaintiff, and the fees so fixed to be taxed, with the costs, against the losing party. Such Court Commissioner shall have the right to demand his fees as aforesaid at the time the services are performed, and may retain any and all papers in cases where such fees have not been paid until the same are paid. COUNTY JUDGE. SEC. 26. In the County of Modoc, the County Judge shall receive a salary of one thousand dollars per annum. WITNESS FEES. SEC. 27. In the County of Modoc, witnesses shall receive Witness fees as follows: For attending in any civil suit or proceed- fees. ing before any Court of record, referee, commissioner, or Justice of the Peace, for each day, three dollars; for traveling to the place of trial, for each mile, thirty cents. In case of impeachment and contested elections, for traveling to the place of trial, thirty cents per mile. No person shall be compelled to attend or testify in a civil action unless his fees shall have been tendered, or he shall not have demanded the same. No fees shall be allowed any witness in a criminal action or proceeding unless he shall attend before a Grand Jury or a Court of record as a witness on behalf of the people, upon a subpoena or by virtue of a recognizance; and if it shall appear that he has come from any place out of the county, or that he is poor, the Court, if the attendance of the witness be upon a trial, by an order upon its minutes, or in any other case the County Judge, by an order subscribed by him, may direct the Treasurer of the county to pay the witness a reasonable sum, to be specified in the order for his expenses; and no person who resides without the county shall be obliged, in a civil action or proceeding, to attend as a witness in said county unless the distance be less than thirty miles. from his place of residence to the place of trial. FEES OF CLERKS AND JUDGES OF ELECTIONS. Judges of SEC. 28. Judges and Clerks of Election shall be allowed Fees of three dollars per day each, for the time they are necessarily Clerks and employed in the discharge of the duties imposed upon them; Election. provided, that Judges of Elections shall not be allowed for more than five days' service in any one year; provided, that the Board of Supervisors shall allow Clerks of Elections for as many days' service as it shall appear they were actually employed in discharging the duties imposed by law on them. Interpreters. other com FEES OF INTERPRETERS AND TRANSLATORS. SEC. 29. Interpreters and translators shall receive such compensation for their services as the Court shall allow, to be taxed and collected as other costs, but the same shall not exceed four dollars per day. Officers shall SEC. 30. The officers above named shall receive no other Drive fees for any services performed by them in any action or pensation. proceeding, or for the performance of any service for which fees are allowed; and in case of any violation of the provisions of this Act, the party demanding or receiving any fees not herein allowed shall be liable to refund the same to the party aggrieved, with treble the amount, as damages, besides costs of suit, and may be indicted, and if found guilty shall be fined in a sum not exceeding five hundred dollars, and be removed from office. Fees payable at time of service. Table of fees. Execution SEC. 31. The fees herein allowed shall be payable at the time the service is rendered, and any officer, when it is not otherwise expressly provided by law, may refuse to perform any service in any suit or proceeding in which there are any fees due (criminal proceedings excepted) from the person applying, until such fees are paid; provided, that if any person shall make an affidavit before the County Judge, setting forth that he has a good cause of action or defense, and that he is unable to pay the fees in advance, the County Judge may, in his discretion, make an order that his officer performed such services without any pay in advance, or may require such person to give security for the costs, and then require such officer to perform such service, and it shall be the duty of such officer to obey the order of the County Judge. SEC. 32. Every officer herein specified shall prepare and set up in his office a plain table of his fees, as prescribed in this Act, within two months of the time when the same goes into effect, in some conspicuous place, for the inspection of all persons, upon pain of forfeiting for each day a sum not exceeding twenty dollars, which may be recovered, with costs, by any person before any Justice of the Peace of the same county. SEC. 33. When, by law, any publication is required to be made by an officer, of any suit, process, notice, order, or other paper, the costs of the same shall be first tendered by the party, if demanded, for whom such order of publication was granted, before the officer shall be compelled to make such publication. SEC. 34. If any Clerk, Sheriff, Justice of the Peace, or for fees due. Constable shall not have received any fees due to him for services rendered in any suit or proceeding, he may have execution therefor in his own name against the party by whom they are due; to be issued from the Court in which the action is pending. "Folio" defined. SEC. 35. The term "folio," when used as a measure for computing fees, shall be construed to mean one hundred words, counting every figure necessarily used as a word. Any portion of a folio, when in the whole draft or paper there shall not be a complete folio, and when there shall be an excess over the last folio exceeding one-half, shall be computed as a folio. SEC. 36. When any Sheriff, Constable, or Coroner serves Mileage. more than one process in the same cause, not requiring more than one journey from his office, he shall receive mileage only for the more distant service. SEC. 37. Every officer, upon receiving any fees for official Receipt duty or service, may be required by the person paying the of fees. same 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 refuses or neglects to do so when required, he shall be liable to the party paying the same for three times the amount paid. SEC. 38. No fees shall be charged by any officer for administering and certifying the oath of office. SEC. 39. The Attorney-General or any District Attorney Issuance of is authorized to cause subpoenas to be issued, and compel the subpœnas. attendance of witnesses on behalf of the State, without paying or tendering fees in advance to either officers or witnesses, and any witness refusing or failing to attend, after being served with a subpoena, may be proceeded against and shall be liable in the same manner as provided by law in other cases where fees have been tendered or paid. witness. SEC. 40. The Clerk of any Court, before which any wit- Certificate of ness shall have attended on behalf of the State, in any civil action, shall give to such witness a certificate, under seal, of travel and attendance, which shall entitle him to receive the same from the State treasury on the Controller's warrant. SEC. 41. The provisions of the two preceding sections of this Act shall extend to all actions and proceedings brought in the name of the Attorney-General or any other person or persons for the benefit of the State. complete SEC. 42. It shall be the duty of all officers in this Act Officers to named to complete the business of their respective offices to business of the time of the expiration of their respective terms; and in office. case any officer at the close of his term shall leave to his successor official labor to be performed, for which he has received compensation on which it was his duty to perform, he shall be liable to pay to his successor the full value of such services, which may be recovered in any Court of competent jurisdiction. SEC. 43. None of the officers mentioned in this Act shall receive any other compensation whatever for any services that now are and may be hereafter required of them in the discharge of their respective offices. book. SEC. 44. It shall be the duty of every officer in this Act officers to named, authorized to receive any fees for official services of keep a fee himself or deputy, to keep a fee book, said fee book to be one of the county records, in which he shall enter an exact and full account in detail of all fees, commissions, or compensations, of whatever nature or kind by him or his deputies earned, collected, or chargeable, with the date, the name of Shall file statement of fees. Penalty for refusal to keep fee book. the payer, if paid, and the nature of the services in each case. In the first week of January and July, respectively, in every year, he shall file in the office of the Clerk of the Board of Supervisors a sworn statement, in writing, of the amount of fees earned, collected, or chargeable by him or his deputies for official services during the six calendar months ending on the last day of the previous month. If any person shall hold more than one office, he may keep a separate fee book for each office, and may make separate statements for each, or he may keep a joint fee book, and make joint statements, at his discretion. The Clerks of the Boards of Supervisors of the several counties of this State are hereby required, respectively, to make an abstract of the amount of fees returned to him as having been earned, collected, or chargeable, by the respective officers named in this Act, and shall forward the same, duly sworn and certified to, to the Secretary of State, in the month of January of every year, to be by him filed in his office. SEC. 45. If any officer named in this Act shall refuse or willfully neglect to keep a fee book, or to file a sworn statement, or to make returns to the Secretary of State, as herein required, he shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine not exceeding five hundred dollars, and by a sentence of removal from office, if in office at the time of sentence; and on failure of any officer herein required to make returns to the office of Secretary of State, he shall, within thirty days thereafter, give information thereof to the District Attorney of the proper county, who shall, without delay, proceed to enforce the provisions of this Act. SEC. 46. All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed, so far as they apply to the County of Modoc. SEC. 47. This Act shall be in force from and after its passage. Terms of CHAP. CXX.-An Act to regulate the terms of the County Court of San Joaquin County. [Approved March 2, 1878.] The People of the State of California, represented in Senate and SECTION 1. The regular terms of the County Court, in and for the County of San Joaquin, shall be held on the first Monday in January, April, July, and October. 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 from and after its passage. CHAP. CXXI.-An Act prescribing the duties and fixing the salaries of the Board of Supervisors of the County of Santa Cruz. [Approved March 2, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Supervisors of each Supervisor District Power of shall have the general supervision of the public roads in his Supervisors. Supervisor District, and shall view all work performed and all materials furnished for the public roads. Said Board Roadmaster shall appoint in each Supervisor District a Roadmaster appointed. and such Assistant Roadmasters as may be necessary, who shall hold their offices from the time of appointment until the close of the fiscal year in which they were appointed; provided, the said Board may remove from office any Roadmaster or Assistant Roadmaster at any time. Each Roadmaster and Assistant Roadmaster shall be a resident citizen and taxpayer for the district for which he is appointed. It Duty of shall be the duty of the Clerk of the Board of Supervisors Bork of to notify the persons so appointed of their appointment, and each of them shall within ten days thereafter qualify by taking the oath of office and by filing a bond with the County Clerk of said county, in the penal sum of one thousand dollars, in the form prescribed by the Political Code, and conditioned for the faithful performance of the duties of such office. Clerk duties of SEC. 2. The powers and duties of said Board of Super- Powers and visors, so far as the same relate to the public and private Board fixed, roads of said county, and the powers, duties, and compensa- by what. tion of Roadmasters and Assistant Roadmasters, shall be those fixed and prescribed by an Act entitled an Act to establish and maintain public and private roads in the County of Santa Cruz, approved March thirty-first, eighteen hundred and seventy-six. Each member of said Board of Supervisors shall receive as a full compensation for all services now required, or which may be hereafter required of him by law, an annual salary of four hundred dollars. SEC. 3. All Acts or parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed. SEC. 4. This Act shall take effect immediately. |