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CHAP. XXX.–An Act to amend section five of an Act entitled an
Act to reorganize the Board of Supervisors of San Luis Obispo
[Approved January 25, 1878.
Assembly, do enact as follows: SECTION 1. Section five of an Act entitled “An Act to reorganize the Board of Supervisors of San Luis Obispo County, and to provide for the election of the same," approved March twenty-seventh, eighteen hundred and seventy-six, is hereby amended so as to read as follows: Section 5. Whenever a vacancy occurs in the Board of Supervisors, from failure to elect or otherwise, the County Judge must fill the vacancy by appointing an elector of the district in which the vacancy occurs. The person so appointed shall hold office until the next general election, and until his successor is elected and qualified.
SEC. 2. This Act shall take effect from and after its pas. sage.
Vacancy, how filled.
Term of office,
CHAP. XXXI.-An Act to regulate fees and fix the salaries and compensation of certain officers for the County of Colusa.
[Approved January 25, 1878.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. Such salaries, compensation, and fees, as are hereinafter provided, shall be allowed to the officers of Colusa County hereinafter named, for their services rendered in discharging all the duties required of them by law, and such officers may lawfully charge, demand, and receive the same in gold and silver coin of the United States, and all costs recovered in any suit or proceeding shall be payable in gold and silver coin.
FEES OF THE COUNTY CLERK AS CLERK OF THE SEVERAL
COURTS OF RECORD,
SEC. 2. At the commencement of each action or proceeding in the District Court, the County Court, and the Probate Court, other than actions and proceedings in criminal cases, the Clerk shall be entitled to demand and receive from the plaintiff not to exceed the sum of ten dollars to cover his costs to the time of judgment, and from the defendant, at the time he enters an appearance, or pleads, three dollars, to cover his costs for the same time. If, in the progress of the action, the sums collected by the Clerk should be insufficient he shall be entitled to demand from either party such further sum as he may deem necessary to cover costs to the time of judgment, including the entry thereof. Any excess of fees advanced by either party, on the determination of the action, shall be returned by the Clerk to the party who advanced them, on demand.
FEES OF THE CLERK OF THE DISTRICT COURT.
SEC. 3. The Clerk of the District Court shall receive for Fees of entering each suit on Clerk Register of Actions and making Clerk of Disnecessary entries thereon during the progress of the suit, and of the trial, and such subsequent proceedings, for each folio, twenty-five cents; for issuing every writ or process under seal, forty cents-except the writ of habeas corpus; for issuing each subpæna, for one or more witnesses, twenty-five cents; for entering every motion and order, twenty-five cents; for entering every default, fifty cents; for entering every discontinuance or dismissal, twenty-five cents; for entering every cause on calendar and making a copy thereof for the bar, for each term of the Court, twenty-five cents; for filing each paper, fifteen cents; for calling and swearing every jury on voir dire, twenty-five cents; for calling and swearing every jury to try cause, twenty-five cents; for filing and entering each verdict of a jury, fifty cents; for entering every final judgment, for the first folio fifty cents, for each subsequent folio twenty-five cents; for making up and filing judgment roll, fifty cents; for entry of judgment on judgment docket and making all necessary indexes for the same, fifty cents; for entering satisfaction or credit on judgment docket, twentyfive cents; for administering every oath or affirmation, twenty-five cents; for administering oath or affirmation and certifying same, forty cents; for copy of any proceeding, record, or paper on file, or on record, in his office, per folio, fifteen cents; for every certificate under seal, forty cents; for issuing every commission to take testimony, one dollar; for writing down testimony of a witness during trial, for each folio, to be paid by the party requiring the same, twenty-five cents; for issuing every execution or other final process under seal, fifty cents; for receiving and filing every remittitur from Supreme Court, and accompanying papers, fifty cents; for filing and approving each undertaking or bond, fifty cents; for taking testimony on justification to undertaking or bond; for each folio, twenty-five cents; for taking acknowledgment of deed or other instrument, to include his certificate and seal, for the first name thereto, fifty cents; for each additional name, twenty-five cents; for indexing every suit in the General Index of the Court, as required by law, fifty cents; for filing or entering papers on transfer of cases from other Courts, two dollars and fifty cents; for searching records or files of each year, except for suitors or their attorneys, twenty-five cents.
FEES OF THE CLERK OF COUNTY COURT.
SEC. 4. The Clerk of the County Court shall receive for
Fees of Clerk of County Court.
filing all papers on appeal from Justices' Courts, for each case, one dollar and fifty cents. For other services, the same fees as are allowed the Clerk of the District Court for like services.
SEC. 5. The Clerk of the Probate Court shall receive for issuing letters testamentary, or of administration, or of guardianship, fifty cents; for writing and posting the notices required, one dollar; for each notice for publication, fifty cents; for recording wills or other papers required by law to be recorded, for each folio, fifteen cents; for all other services, the same fees as are allowed the Clerk of the District Court for like services; provided, that if, upon the filing of the appraisement of any estate, it appears that the whole estate is not of the value of one thousand dollars, no further Clerk's fees shall be charged.
SEC. 6. The County Clerk shall receive for issuing each marriage license, two dollars, one half to be paid to the County Recorder for recording such license. For issuing any other license required by law, one dollar. For all services not herein enumerated, the same fees as are allowed
the Clerk of the District Court for like services. Compensa- SEC. 7. The County Clerk shall receive the sum of fifteen tion of same hundred dollars per annum, to be paid out of the Common
Fund of the county in equal monthly installments, for all services required by law to be performed by him as ex officio Clerk of the several Courts of record in the county, as Clerk of the Board of Supervisors, Equalization, and Canvassers, as County Auditor, and as County Recorder, which could be a charge against the county; and for all services so rendered he shall receive no other fee or compensation.
SEC. 8. The County Recorder shall receive for recording every instrument, paper, or notice, for each folio, fifteen cents; or indexing every instrument, paper, or notice, as required by law, fifty cents; for copies of any record or paper, per folio, fifteen cents; for filing every instrument for record, and making the necessary entries thereon, including certificate of record, twenty-five cents; for each certificate under seal, forty cents; for every entry of discharge of mortgage or other instrument on margin of record, or for entering credit thereon, witnessing and indexing the same, twenty-five cents; for abstract of title for each conveyance or incumbrance certified, fifty cents; for recording every plat or map, for each course, ten cents; for figures and letters on plats and maps, per folio, twenty-five cents; provided, the fees for recording any town plat shall not exceed twenty-five dollars; for taking acknowledgments, including certificate and seal, for the first signature fifty cents, for each additional signature, twenty-five cents; for recording marriage license and certificate, to be paid by the Clerk, one dollar; for recording each mark or brand, seventy-five cents; for filing and indexing each paper required by law to be filed but not required to be recorded, fifty cents. For other services not herein enumerated, the same fees as are allowed the Clerk of the District Court for like services.
Sec. 9. The County Clerk, as such, and as ex officio Clerk
of the District and County Courts, and Clerk of the Board Fees and of Supervisors, Equalization, and Canvassers, and also as County ex officio Recorder and Auditor, shall receive the fees and Clerk limsalaries allowed by the foregoing sections. But should such fees, salaries, and other compensation exceed in the aggregate the sum of eight thousand dollars in any one year, then, and in such case, the excess above that amount shall, at the end of the official year, be paid by him into the county treasury to the credit of the Common Fund.
FEES FOR SHERIFF.
SEC. 10. The Sheriff shall receive, for serving a summons Fees of and complaint, or any other process by which an action or Sherify. proceeding is commenced, on each defendant, fifty cents; for serving an attachment on property, or levying an execution, or executing an order of arrest, or order for the delivery of personal property, one dollar; for serving an attachment on any ship, boat, or vessel, in proceedings to enforce any lien thereon created by law, two dollars; for his trouble and expense in taking and keeping possession of and preserving property under attachment or execution, or other process, such sum as the Court shall order; provided, that no more than two dollars per diem shall be allowed to a keeper; for taking bond or undertaking in any case in which he is authorized to take the same, fifty cents; for copy of any writ,. process, or other paper, when demanded or required by law, for each folio, fifteen cents; for serving every notice, rule, or order, fifty cents; for advertising property for sale on execution, or any judgment or order of sale, exclusive of the cost of publication, for each notice, fifty cents; for serving writ of possession and restitution, putting a person in possession of premises, and removing the occupant, three dollars; for holding each inquest, or trial of right of property, to include all services in the matter, except mileage, three dollars; for serving a subpoena, for each witness, twenty-five cents; for traveling, whenever traveling is necessary, in the performance of any duty required of him by law, other than taking prisoners to the State's Prison, and insane persons to the Insane Asylum, twenty-five cents per mile, to be computed from the Courthouse, in going only; provided, that for serving process, or serving or posting notices or papers, in the same action or proceeding, in the same direction, and at the same time, one mileage only shall be charged; for commissions for receiving and paying over money on execution, or other process, when land or personal property has been levied on and sold, on the first one thousand dollars, one and one-half per cent., and one per cent. on all sums over that amount; provided, the aggregate amount on any execution shall not exceed one hundred dollars; for commissions for receiving and paying over money on execution without levy, or where the lands or goods levied on shall not be sold, on the first one thousand dollars, one and one-half per cent., and one per cent. on all sums over that amount; provided, the aggregate amount shall not exceed the sum of twenty-five dollars; the fees
tion of Sheriff.
herein allowed for the levy of an execution, cost for advertising, and percentage for making and collecting the money on execution, shall be collected from the judgment debtor, by virtue of such execution, in the same manner as the sum therein directed to be made; for drawing and executing a Sheriff's deed, exclusive of acknowledgment, to be paid by the grantee, before delivery, three dollars; for executing a certificate of sale, exclusive of the filing and recording of the same, one dollar; for attending, when required, on any Court of record, in person or by deputy, for each day, to be paid out of the county treasury, three dollars; for making every arrest in a criminal proceeding, one dollar; for summoning a Grand Jury of twenty-four persons, eight dollars; for summoning a trial jury of twelve persons, or less, three dollars; for summoning each additional juror, twenty-five cents; for executing every sentence of death, fifty dollars ; for all services in Justices' Courts, the same fees as are allowed to Constables for like services; for conveying a pris
oner, when under arrest, the necessary expenses incurred in Compensa. the transportation; for all services rendered and performed
by the Sheriff, as ex officio Tax Collector, he shall receive the sum of twelve hundred dollars per annum, to be paid out of the Common Fund, when he delivers the delinquent tax list to the County Auditor, and for such services he
shall receive no other fee or compensation. Fees and sal- Sec. 11. It is hereby provided that if the fees and other it limiteder compensation allowed the Sheriff as Sheriff and as ex officio
Tax Collector by the foregoing sections exceed in the aggregate for any year the sum of nine thousand five hundred dollars, except for the allowance for the expense of conveying prisoners to the County Jail, and mileage for conveying insane persons to the Insane Asylum, or prisoners to the State Prison, then and in such case, the excess above such sum shall be paid by him into the county treasury, to the credit of the Common Fund.
Sec. 12. The Assessor shall be allowed compensation for himself and deputies, for all services required of him by law, the sum of three thousand six hundred dollars per annum, out of the Common Fund, fifteen hundred dollars payable on the first day of April of each year, and the balance payable on the completion and delivery of the assessment roll to the Auditor, and in addition shall be allowed to retain for his own use and benefit fifteen per cent. for the collection of State poll taxes and three per cent. on personal property taxes collected by him; provided, he shall receive no fees or compensation for the collection of road poll taxes.
SEC. 13. The District Attorney shall receive, in full comAttorney. pensation for all services required of him by law, an annual
salary of eighteen hundred dollars, payable monthly, out of the Common Fund of the county.
SEC. 14. The Superintendent of Public Schools shall receive, in full compensation for all services required of him by law, an annual salary of fifteen hundred dollars, payable monthly, out of the Common Fund of the county.
Sec. 15. The Coroner shall be ex officio Public Admin
Compensation of Superintendent of Public Schools.