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deputies.

of Supervisors may prescribe the number of deputies or employés to be employed by the County Clerk, Recorder, Tax Collector, and Assessor, that may be necessary for the efficient performance of the duties of said officers, and said deputies shall be paid by the county. The salaries of said deputies Salaries of shall be fixed by the Board of Supervisors, and shall not exceed the following amounts, viz.: For the principal deputy of the Clerk and of the Recorder, not more than one hundred and twenty-five dollars ($125) a month; and for other deputies, not more than one hundred dollars ($100) a month; for Deputy Assessors, not more than four dollars per day for the time actually employed in the discharge of their duties; and, in addition, the percentage provided in section seven of this Act; and for a Deputy Tax Collector, not more than one hundred dollars per month, but said deputy not to be paid more than for three months in any one year.

Compensation of

jurors.

Duties of

Clerks of
Courts.

Compensa

tion of witnesses.

SEC. 22. Grand and trial jurors shall receive two dollars per day for attendance upon a Court of record, and twenty cents per mile for traveling from their residences to said Court. Jurors attending upon Justices' and Municipal Courts shall receive one and a half dollars per day, but no mileage. Jurors excused from attendance on their own motions, on the first day, shall not receive per diem. In civil cases, the party in whose favor the verdict is rendered, before the same is entered, shall pay the jury fees, but may recover the same from the losing party. If, in a civil case, the jury be discharged without rendering a verdict, the party who demanded the jury shall pay their fees, but may recover the same as costs, if he afterwards obtains judgment; and until the fees are paid, no further proceedings shall be had in the case, unless required by the other party. Clerks of Courts of record shall keep an account of all moneys received for trials by each juror attending such Court during the term, and if the sum so received shall not amount to two dollars per day and mileage, he shall deliver to such juror a certificate of the time and mileage for which he is still entitled to receive pay, which shall be paid out of the county treasury as other county dues.

SEC. 23. Witnesses shall receive, for attending before any Court of record, Commissioner, Referee, Notary Public, or Justice of the Peace, or any Justice's or Municipal Court, two dollars per day, and for traveling to the place of testifying, except when the witness lives in the same township, twenty cents per mile. No person shall be obliged to attend or testify, in a civil case, unless his fees shall have been tendered, or he shall not have demanded the same. Witnesses attending on behalf of the people, by virtue of a recognizance, or upon a subpoena, shall receive a certificate of the amount due them from the Clerk, Commissioner, Referee, Notary, Justice, or Judge of the Municipal Court, as the case may be, which certificate shall be approved by the District Attorney, and the amount due shall be paid out of the county treasury, as other county dues. No officer shall issue a subpœna for a witness on behalf of the people, unless he deems that the public interest requires it, or unless the prosecutor

whom.

or other party demanding it shall advance the witnesses' fees. In all cases of conviction, the costs of the witnesses of Costs colthe people shall be taxed against the defendant and collected lected; from as part of the judgment, and shall be paid by the Court or Clerk, as the case may be, into the county treasury, on the first Monday of each month, accompanied by a verified statement thereof. The moneys thus paid into the treasury shall constitute a Witness Fund, out of which the witnesses' fees, above provided to be paid by the county, shall be paid; and in case of deficiency, the same shall be supplied out of the Current Expense Fund.

SEC. 24. The salaries and compensation in this Act prescribed shall be in full for all services performed by, or required by law of, the persons receiving the same.

how paid.

SEC. 25. The salaries of the County Clerk, Recorder, Salaries; Auditor, Treasurer, Tax Collector, Assessor, Superintendent of Public Schools, District Attorney, County Judge, Supervisors, and the salaried deputies mentioned in section twenty-one, shall be paid monthly; and the County Auditor shall, at the end of each month, draw his warrant in favor of said officers, respectively, for the amount due them, and the County Treasurer shall pay the same out of the funds herein specified.

continue.

SEC. 26. The fees of the Recorder, and of the County Fees to Clerk as such and in his ex officio capacities, and the fees, percentages, and other compensations of the Auditor, Treasurer, Tax Collector, and Assessor, now established by law, shall continue to be the established fees, percentages, and charges; and the laws now in force, so far as they establish the same, shall continue in force. The fees of the Recorder, and of the County Clerk as such and in his ex officio capacities as Clerk of the Courts of record of the county here referred to, are those specified in the fourth section of the Act of March fifth, eighteen hundred and seventy, hereinbefore referred to. The fees, percentages, and charges men- Advance tioned in this section (except where due from the State or fees. county, or where allowed to the Assessor or his deputies under section seven of this Act) shall be paid in advance to the proper officers respectively, and shall by them be paid into the county treasury for the use of the county, as next hereinafter specified. The officers collecting such moneys Duties of shall keep a correct account thereof, and on the first Monday collecting of each month shall pay the same into the county treasury; and at the same time, except in the case of the County Auditor, shall file with the County Auditor and with the Clerk of the Board of Supervisors verified statements, in detail, showing the services performed and the amounts severally received therefor. Similar statements shall be filed by the Auditor with the Clerk of the Board of Supervisors and the Treasurer. The moneys paid into the county Salary Fund. treasury, together with the amounts heretofore paid by the county for the services referred to in this section, shall constitute a Salary Fund, out of which the salaries and compensations of the salaried officers named in this Act, and

officers.

Fee officers

to file statement.

Misde

meanor.

Removal

from office

Misde

meanor.

Board may

appoint expert.

Certain provisions not

present incumbents

their salaried deputies, shall be paid. Any balance remaining in the Salary Fund on the first Monday of March of each year shall be transferred to the Current Expense Fund. In case of deficiency in the Salary Fund, the salaries herein provided for shall be paid out of the Current Expense Fund. SEC. 27. Officers receiving fees as compensation for services under this Act shall, on the first Monday of each month, file with the Clerk of the Board of Supervisors a verified statement, in detail, showing all amounts received, and the services for which the same were received.

SEC. 28. It shall be a misdemeanor for any officer having a salaried deputy to demand or receive from such deputy any part of his compensation as herein prescribed.

SEC. 29. If any officer named in this Act shall fail to make and file any statement required by this Act, or if any officer required by this Act to pay fees or other moneys received by him into the county treasury, shall fail to pay any of such moneys into the county treasury as herein required, or shall fail to keep an accurate account of all such moneys received by him, he shall be removed from his office; and it is hereby made the duty of the Board of Supervisors to cause proceedings to be instituted against such officer, under the provisions of the Act entitled "An Act providing for the removal of civil officers for the violation of official duties, approved March thirtieth, eighteen hundred and seventy-four.

SEC. 30. Any officer required by this Act to pay fees or other moneys received by him into the county treasury, who shall convert any of such money to his own use, or who shall fail to pay any of such money into the county treasury, as required by this Act, shall be deemed guilty of a misde

meanor.

SEC. 31. No salary shall be paid to any officer, under this Act, while in default in the performance of any duty required by the Act.

SEC. 32. The Board of Supervisors are authorized, whenever they deem it necessary, to employ a competent expert to examine the books of accounts of the several officers herein referred to, and also all other books and papers in their offices, and to compare the same with the statements made by them, and to report upon the correctness of said accounts and statements. The said expert shall also, if he deems necessary, examine said officers and their deputies under oath, and to that end is authorized to administer oaths to said officers and their deputies.

SEC. 33. The provisions of this Act, so far as they provide applicable to for a change in the salaries or compensation of officers, and the payment of deputies, and the provisions of section twenty-six (26) of this Act, so far as they provide for the payment of the fees and other compensation of the officers herein named into the county treasury, and the statements to be made by them, shall not apply to the present incumbents, but the officers now in office shall continue to receive. the fees, salaries, and compensation now provided by law. Such officers shall, however, be subject to all the other pro

visions of this Act, and the present incumbents of the salaried offices shall be subject to the provisions of section twenty-seven (27).

CHAP. CCCXCII-An Act to confer certain powers upon the
Board of Auditors of El Dorado County.

[Approved March 27, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows.

authorized.

SECTION 1. At their first meeting after the passage of this ConsolidaAct, it shall be the duty of the Board of Auditors of El tion of claim Dorado County to hear and consider the claim of Wm. M. Donahue, ex-Tax Collector of said county, for compensation for services rendered and expenses incurred by him in the collection of taxes on real and personal property in said county for the fiscal years eighteen hundred and seventytwo and three and eighteen hundred and seventy-three and four, and for such services and expenditures they shall allow him such compensation as to them shall seem just. Any allowance made under the provisions of this Act shall be paid out of the Current Expense Fund of said county, upon which fund, when said allowance has been made, the County Auditor of said county shall draw warrants in sums not exceeding five hundred dollars each for the payment thereof, and the Treasurer shall register and pay the same in the same manner and order as other warrants against said fund are registered and paid.

SEC. 2. This Act shall take effect and be in force from and after its passage.

CHAP. CCCXCIII.-An Act to establish and maintain a Free
Dispensary in the City and County of San Francisco.
[Approved March 27, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

authorized.

SECTION 1. The Board of Supervisors of the City and ApproCounty of San Francisco are hereby authorized and empow- priation ered to appropriate the sum of twenty-five hundred dollars per annum, payable out of the Urgent Necessity Fund of the said city and county, said sum of money to be used for the purchase of medicines to be dispensed gratuitously to the indigent sick not inmates of public institutions.

Auditor.

SEC. 2. The Auditor of the City and County of San Fran- Duty of cisco is hereby directed and authorized to audit and allow, out of the Urgent Necessity Fund, the sum named in pre

Medicine
furnished.

ceding section, and to issue his warrants therefor in favor of the President of the Board of Health of the City of San Francisco, the amount to be drawn quarterly; the said sums to be appropriated as the Board of Health of the City of San Francisco may, in their judgment, direct, for the purpose of establishing one Free Medical Dispensary, of each established system of medicine, in said city.

SEC. 3. The Board of Supervisors are also authorized, should they deem it expedient, to furnish medicine to the indigent sick of the Magdalen Asylum, the same to be furnished at the City and County Hospital of said city.

SEC. 4. This Act shall take effect and be in force from and after its passage.

R. 1907

.8.16

Swamp land
district
declared.

Boundaries
defined.

By-laws
continued

in force.

CHAP. CCCXCIV.-An Act to reorganize Swamp Land District Number Seventy, of Sutter County, and to provide for the construction, maintenance, and repairs of levees therein.

[Approved March 27, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The territory included within the boundaries described in section two of this Act is hereby set apart and erected into a swamp land district, to be known and designated as Swamp Land District Number Seventy, of Sutter County.

SEC. 2. The boundaries of said district shall be as follows, to wit: Commencing at the center of section twenty-six (26), in township fifteen (15) north, of range one (1) east, of Mount Diablo base and meridian; thence running west to the segregation line between swamp and highlands, at the southwest corner of the northwest quarter of section twenty-nine (29) of said township and range; thence northwesterly, following said line of segregation, to a point where the same intersects Butte Slough; thence down and along said Butte Slough to the line dividing section six (6), township and range aforesaid, into north and south halves; thence east to the line of segregation between swamp and highlands; thence east and south following said line of segregation to the southeast corner of the west half of the southwest quarter of section fourteen (14) of the aforesaid township and range; thence due south to the southwest corner of the east half of the northwest quarter of section twenty-three (23), township and range aforesaid; thence southeasterly, following the line of levee as now constructed, to a point twenty chains east of section twenty-six of said township and range; thence west to the place of beginning.

SEC. 3. The by-laws adopted and recorded in Swamp Land District Number Seventy, as the same existed prior to its reorganization hereunder, are hereby continued in force so far as the same are consistent with the provisions of this

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