Work shall be done when. Poll tax. Political cable. SEC. 6. No work shall be done by the Overseer on any road, under the provisions of this Act, except between the fifteenth day of March and the first day of June, and during the month of November of each year, unless it be in removing obstructions, repairing bridges, or other work of absolute necessity, unless specially ordered by the Board of Auditors. SEC. 7. Every male inhabitant of the County of El Dorado, over the age of twenty-one and under the age of fifty-five years, shall pay, annually, a road poll tax of two (2) dollars, provided the same be paid between the first Monday in January and the first Monday in August; if not paid prior to the first Monday in August, then he shall pay the sum of three (3) dollars. SEC. 8. The Assessor of El Dorado County is hereby made Collector of road poll taxes, and shall receive for his services fifteen per cent. of such amount as may be collected by him. SEC. 9. The several provisions of the Political Code of Code appli- this State, for the collection of the State poll tax, shall be applicable to and govern the collection of the road poll tax provided for in this Act. On the first Monday of each month the Assessor shall pay into the county treasury all sums collected by him, less his percentage, as provided for in section eight of this Act, giving a full written statement of the amounts received in each road district, which said sum shall be credited to and kept as a special fund to Road District Number One, Number Two, Number Three, in accordance with the amounts collected in each district. Duty of Duty of Office abolished. SEC. 10. On the first Monday of August of each year the Assessor shall prepare for each road district a list of all persons liable to and who have not paid a road poll tax in said district, which shall be called the "Road Poll Tax Delinquent List," and from and after the first Monday in August of each year he shall proceed to collect from each person delinquent the sum of three dollars. On the third Monday of October of each year the Assessor shall make out and deliver to the several Road Overseers a list of the names of all persons who have paid their road poll tax, as also a list of the delinquents. The several Road Overseers shall, immediately upon the receipt of said delinquent list, shall call out the said delinquents to work upon the roads at such place and time as he may see fit, and each delinquent shall be required to perform two days' labor on the roads of ten hours each day. To every person who shall perform the two days' labor, the Road Overseer shall deliver a receipt in which shall be written "paid by work;" provided, that any person delinquent may be remitted from labor by paying to the Road Overseer the sum of three dollars, for which he shall give his receipt; provided further, that all persons delinquent, who fail, neglect, and refuse to pay said "road poll tax," the Road Overseer shall forthwith proceed to enforce the payment of said tax, and shall have the same powers and be governed by the same law as the Assessor of the county in the collection of poll taxes. SEC. 11. The office of Road Overseer, and the road districts now existing in said county, are hereby abolished from and after the first day of January, (1879) eighteen hundred and seventy-nine. when ap SEC. 12. The Boards of Auditors shall make the first Overseers; appointment of Road Overseers under this Act at their reg- pointed." ular meeting in December, eighteen hundred and seventyeight, and the Overseers so appointed shall qualify and enter upon the duties of their office on the first day of January, eighteen hundred and seventy-nine. SEC. 13. The Road Overseers shall be allowed the sum of Compensathree dollars per day for each and every day they may be tion. actually engaged in the peformance of the duties of their office. SEC. 14. The provisions of the Political Code relating to the collection of delinquent taxes for road purposes, so far as they are not in conflict with the provisions of this Act, are hereby made applicable to the County of El Dorado. SEC. 15. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed, so far as they relate to El Dorado County; provided, that nothing in this Act shall be construed as repealing, or in any way affecting, the provisions of an Act entitled "An Act for the improvement of streets and sidewalks in the City of Placerville, approved April third, eighteen hundred and seventy-six,' except that the Road Overseer of the Auditor District including the said City of Placerville shall perform the duties of Road Overseers as required by said last mentioned Act, and subject to all the provisions therefor. CHAP. CCCLXIV.-An Act in relation to certain officers in [Approved March 26, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Sheriff of Plumas County shall receive Salary of for all services performed by him as Sheriff and ex officio Sheriff. Tax Collector the sum of eighteen hundred dollars per annum, and, in addition thereto, the sum of thirty cents a mile for each mile necessarily traveled by him in criminal business within the county; provided, he shall receive nothing from the county for conveying insane persons to Stockton, or convicts to the State Prison. He shall have one deputy, who shall be Jailer, and who shall receive the sum of one thousand dollars per annum. All State and county taxes shall Taxes; be paid to the Tax Collector, at his office in said county; and it shall be the duty of the Tax Collector, in addition to the settlements he is now required by law to make with the County Treasurer, to pay over to the said Treasurer, and to take his receipt therefor, all money collected by him for where paid. Offices separated. Recorder elected. Salary of Salary Fund. Fees, etc., to remain the same. Officers to keep fee book. Officer to make oath. taxes, on each Monday of the month of December of each year. SEC. 2. The office of County Recorder is hereby separated from the office of County Clerk in Plumas County; and for all services which the County Clerk will still be required to perform, he shall receive the sum of one thousand five hundred dollars. SEC. 3. At the general election for the year one thousand eight hundred and seventy-nine, and every two years thereafter, a County Recorder shall be elected for Plumas County. He shall qualify, enter upon his office, and perform the duty as prescribed by law for County Recorders. He shall demand and receive of the County Clerk of Plumas County all records, books, papers, and property in the hands of said Clerk pertaining to the office of the Recorder. He shall receive for his services the sum of fifteen hundred dollars per annum. SEC. 4. The Treasurer of Plumas County shall receive for his services the sum of fifteen hundred dollars per annum, and such further sum as may be allowed him by law for mileage in making his settlements with the State Treasurer. SEC. 5. A Salary Fund for said county is hereby created, and from which the salaries of the County Judge, District Attorney, Sheriff and his Deputy, County Clerk, County Recorder, Treasurer, Assessor, School Superintendent, and Supervisors shall be paid. SEC. 6. The fees, percentages, commissions, and charges now established by law for the performance of any act or duty by any of the officers named in this Act shall continue and remain the fees, percentages, commissions, and charges for such act or duty, and the respective officers herein named shall collect from the persons charged with the payment thereof, except the County of Plumas, said fees, percentages, commissions, and charges for such duty performed, or to be performed, as provided by law, and the officers so collecting said fees, percentages, commissions, and charges shall, on the first Monday of each month, pay the same to the County Treasurer, to the credit of the said Salary Fund. SEC. 7. The Sheriff, County Clerk, County Recorder, and County Treasurer shall each keep a fee book, in which shall be entered, by items, all services performed for which they are respectively entitled by law to charge, with the amount of fees, percentage, or commission allowed for each item, with the name of the person for whom such service was performed, the date when performed, and the amount collected thereon; and such book shall be open to public inspection during office hours. Each of said officers shall, on the first Monday of each month, make out in duplicate a full and correct transcript of his said fee book for the month last past, and shall submit the same to the District Attorney for his approval. If the District Attorney find the statement correct, he shall require the officer presenting the same to make oath thereto, as follows: I,, County, of Plumas County, State of California, do solemnly swear that the foregoing is a true and correct statement of all the fees, percentages, commissions, charges, compensations, and collec tions of whatever nature allowed by law, and collected by me in pursuance thereof for services rendered by me or my deputy, in any official capacity, or in any capacity which I am authorized to act as an ex officio officer, for the month of A. D. eighteen and that I have paid the same to the County Treasurer. The District Attorney shall then indorse his approval upon said statement, over his official signature, and shall immediately file one copy thereof with the County Auditor, and the other with the County Treasurer. The foregoing affidavit shall be filed with the said statement. keep fee SEC. 8. If any of the officers herein required to keep a fee Liability for book fail or neglect to collect in gold or silver coin, in failure to advance, all fees, percentages, commissions, charges, and col- book. lections allowed by law, and which are to be paid to the County Treasurer as aforesaid, the officer so failing shall be held liable on his official bond for the amount so remaining uncollected, and such sum shall be deducted from his salary. SEC. 9. On the first Tuesday after the first Monday of Salaries; each month, and subject to the following section, the Auditor how paid. shall draw his warrant upon the County Treasurer in favor of each officer named in this Act, except the Supervisors and School Superintendent, for one-twelfth part of the salary due said officers, as in this Act provided; and at such times. and in such amounts as is now directed by law, the said Auditor shall draw his warrant upon the County Treasurer in favor of each of the Supervisors and the School Superintendent for their salaries. All warrants issued as aforesaid shall be paid out of the Salary Fund, and should there be insufficient money in said fund to pay said warrants when drawn, the Treasurer shall immediately transfer a sufficient sum from the General Fund to the said Salary Fund to make up the deficiency. drawn for fee book ex SEC. 10. Should any officer required by this Act to keep Warrant not a fee book, fail to comply with each and every provision officer failof this Act in relation to the fees, percentage, commissions, ing to keep and charges pertaining to his office, the Auditor shall not cept when. draw, nor shall the Treasurer pay if drawn, any warrant in favor of said officer so failing to comply, only on the following terms and conditions: Should it appear from an examination of said officer's fee book, or otherwise, that any fees, percentage, commissions, charges, or collections pertaining to his office remain uncollected, or if collected have not been paid to the County Treasurer, the Auditor shall deduct the amount so uncollected or not paid over from the sum due the officer on account of his salary; and if the amount uncollected or not paid over exceeds the salary of the officer for any one month, then so much thereof as will cover such salary for one month shall be credited to such officer by the Auditor, and the remainder deducted from the future monthly warrant of each defaulting officer, until the whole amount of the fees, percentage, commissions, and charges so uncollected or unpaid is fully satisfied. SEC. 11. If any officer named in this Act shall retain, or Misdeconvert to his own use, any of the moneys herein required meanor. Extra compensation to be paid by him to the County Treasurer, or shall fail to keep a fee book, or to make and deliver the transcript thereof to the District Attorney, as required by section seven of this Act, such officer shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or be imprisonment not exceeding six months, or by both; and upon such conviction the office he holds shall be declared vacant, and the Board of Supervisors of said county shall fill such vacancy as in other cases. Such conviction shall not prevent the recovery of money due the county from such officer and his bondsmen by civil action. SEC. 12. No officer named in this Act shall receive any not allowed. compensation other than as provided in this Act for any service he may be required by law to perform as an ex officio officer, or on any account whatever; and all fees, percentage, commissions, and charges for services as an ex officio officer must be disposed of by the principal officer as directed by section seven of this Act. SEC. 13. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. SEC. 14. This Act shall take effect and be in force on the first Monday of March, Anno Domini one thousand eight hundred and eighty; provided, that so much of the Act as provide for the election of a County Recorder, that the State and county taxes shall be paid at the office of the Tax Collector at his office in said county, and that requires the Tax Collector to make additional payments to the County Treasurer in the month of December of each year, shall take effect immediately. Transfer CHAP. CCCLXV.-An Act to authorize the Board of Supervisors of Napa County to transfer a certain fund. [Approved March 26, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of Napa County, whenever they deem it expedient, are hereby authorized to transfer the Swamp Land Fund which may be in the county treasury from that fund to the General County Fund; provided, that whenever the fund, or any part thereof, shall be required for the purposes for which the fund was originally created, the said Board are hereby authorized and empowered to cause so much thereof as may be required to be paid out of the General County Fund of the county. SEC. 2. This Act shall take effect and be in force on and after its passage. |