the necessary expenses of the burial, the expenses are a legal charge against the county. 4287. The Coroner must, within thirty days after an inquest upon a dead body, deliver to the County Treasurer or the legal representatives of the deceased any money or other property found upon the body. 4288. Before auditing or allowing the accounts of the Coroner, the Supervisors must require him to file with the Clerk of the Board a statement in writing, verified by his affidavit, showing: 1. The amount of money or other property belonging to the estate of the deceased person which has come into his possession since his last statement; 2. The disposition made of such property. 4289. If the office of Coroner is vacant, or he is absent or unable to attend, the duties of his office may be discharged by any Justice of the Peace of the county, with the like authority and subject to the same obligations and penalties as the Coroner. 4290. In the cases specified in Article IV of this chapter, the Coroner must discharge the duties of Sheriff. Coroner as Sheriff-§ 4191. Coroner as ex officio Public Administrator-Stats. 1872, p. 796. Post mortem examinations--and chemical analyses, Stats. 1872, p. 81. Coroners in San Francisco-Stats. 1872, p. 403; amd. by Stats. 1874, р. 908; 1876. p. 397. Section 4292 added by unconstitutional amendment 1880-see § 4000n. Embodied provisions of Stats. 1872, p. 81, which provided that Coroner could subpoena physician or chemist for post mortem examination or analysis. ARTICLE XI. ASSESSORS, TAX COLLECTORS, SCHOOL SUPERINTENDENTS, PUB LIC ADMINISTRATORS, AND COMMISSIONER OF HIGHWAYS. § 4302. Duties of School Superintendents. § 4304. § 4303. Duties of Public Administrator. Duties of Commissioner of Highways and Road Overseers. 4300. The Assessor must perform such duties as are prescribed in Title IX, Part III of this Code. Duties of Assessor--see §§ 3627-3663, 3820-3330, 3839-3862 and notes. 4301. The Tax Collector must perform such duties-as are prescribed in Title IX, Part III of this Code. Duties of Tax Collector--see $$ 3746-3310 and notes. 4302. The School Superintendent must perform such duties as are prescribed in Title III, Part III of this Code. Duties of School Superintendent-§§ 1543-1553. 4303. The Public Administrator must perform such duties as are prescribed in Chapter XIII, Title XI, Part III, of THE CODE OF CIVIL PROCEDURE. Public Administrator-see Code Civ. Proc., §§ 1726-1743; action between sureties, 55 Cal. 106; substitute for, Stats. 1872, p. 796. 4304. The Commissioner of Highways and Road Overseers must perform such duties as are prescribed in Title VI, Part III, of this Code. Attempted repeal of section-by unconstitutional amdt. 1880, see § 4000n. But provisions as to Commissioners of Highways omitted from article on Highway officers, as amd. 1880, comprising §§ 2646-2653. ARTICLE XII. CONSTABLES, JUSTICES OF THE PEACE, AND INFERIOR OFFICERS. § 4314. Constables to attend Justices' Courts. § 4315. Governed by the law prescribing Sheriffs' duties. § 4316. Duties of Justices of the Peace. 4314. Constables must attend the Courts of Justices of the Peace within their townships whenever so required, and within their counties execute, serve, and return all process and notices directed or delivered to them by a Justice of the Peace of such county or by any competent authority. Amendment 1880 declared unconstitutional-- see § 4000n. It substituted "Court" for "Courts" and "the Justice " for "Justices." Constable-deed of, not reciting judgment, is void, 25 Cal. 230. Deputies, may appoint, 4 Cal. 188; and see $$ 876, 877. Process, power to execute out of township, 15 Cal. 297; 17 Cal. 294. Justices' Courts-see Code Civ. Proc., §§ 85-115, 832-926. Validating Act-legalizing official acts of Constables performed during part of 1874, see Stats. 1874, p. 700. 4315. All the provisions of Article IV of this chapter, except the fourth and sixth subdivisions of Sections 4176, apply to Constables and govern their powers, duties, and liabilities. Provisions applicable-see SS 4175-4193. 4316. Justices of the Peace must perform such duties as are prescribed in Title XI, Part II, of THE CODE OF CIVIL PROCEDURE, and such other duties as are prescribed by law. Justices of the Peace-and Justices' Courts in general, Code Civ. Proc., $$ 110-115: proceedings in Justices' Court, Code Civ. Proc., $$ 832926. Judicial officers, held to be, see § 4110n. CHAPTER IV. Salaries and Fees of Office. $4328. Salaries of County Judges and District Attorneys. § 4330. Salary of District Attorneys fixed. § 4331. Continuing Acts fixing salaries and fees of county officers. § 4332. Officer to perform service when fees are paid. § 4333. No charge to be made in proceedings on habeas corpus. 4328. The salaries of County Judges and District Attorneys must be paid monthly from the County Treasury, on the warrants of the County Auditor. Their salaries are fixed in the succeeding sections of this chapter. Amendment 1880 declared unconstitutional-see § 4000n. It provided for monthly payment of salaries of county officers from Salary County Fund, and had special provision for monthly payment from State Treasury of State's share of salary of Superior Judges (pursuant to Const. Cal. 1879, art. 6, § 17.) County Judges-see § 4110n. 4329. The salaries of County Judges are as follows: 1. Of San Francisco, five thousand dollars; 2. Of Sacramento, three thousand dollars; 3. Of Alameda, twenty-five hundred dollars; 4. Of Nevada and Yuba, twenty-four hundred dollars; 5. Of Amador, Los Angeles, Napa, Placer, San Joaquin, Santa Clara, Solano, and Sonoma, two thousand dollars; 6. Of Butte, Colusa, Contra Costa, El Dorado, Marin, Mendocino, Merced, Siskiyou, Stanislaus, Sutter, Tehama, and Yolo, fifteen hundred dollars; 7. Of Calaveras, Fresno, Humboldt, Kern, Mariposa, Monterey, Plumas, San Luis Obispo, Santa Barbara, Santa Cruz, Shasta, Sierra, and Tuolumne, twelve hundred dollars; 8. Of Alpine, Klamath, Lake, Lassen, San Diego, San Mateo, Trinity, and Tulare, one thousand dollars; and, 9. Of Del Norte, Inyo, Mono, and San Bernardino, eight hundred dollars. Amendment 1880 declared unconstitutional-see $ 4000n. It fixed annual salaries of Superior Court Judges, pursuant to Const. Cal. 1879, art. 6, § 17. For such salaries, see ES 737, 738 and note. County Judges-see § 4110n. Local Acts--now obsolete, (under Const. Cal. 1879,) modified provisions of section, in various counties. 4330. The annual salaries of District Attorneys are as follows: POL. CODE-58. First Of San Francisco, five thousand dollars. five hundred dollars. Fifth Of Butte, seventeen hundred dollars. Sixth Of Nevada, two thousand dollars; and of Colusa, eighteen hundred dollars. Seventh Of Sonoma, eighteen hundred dollars. Eighth Of El Dorado, Placer, Amador, Marin, Contra Costa, Tuolumne, Napa, Yolo, Yuba, and Santa Cruz, fifteen hundred dollars. Ninth Of Mariposa, Merced, San Mateo, Shasta, Siskiyou, Stanislaus, Tehama, Fresno, Kern, Mendocino, San Luis Obispo, Santa Barbara, Tulare, San Diego, and Plumas, twelve hundred dollars. Tenth Of Monterey, Sutter, Trinity, Sierra, and Calaveras, one thousand dollars. Eleventh Of Inyo and Lassen, eight hundred dollars. Twelfth Of Del Norte, Humboldt, Klamath, Lake, and San Bernardino, seven hundred dollars. Thirteenth Of Alpine, six hundred dollars. Fourteenth Of Mono, five hundred dollars. [In effect March 28, 1872.] Date of passage of section-see Stats. 1872, p. 653. Effect of section on fees-does not repeal prior statutes allowing fees in addition to salaries, 45 Cal. 46. Fees of District Attorneys--preserved, 45 Cal. 46; not earned for prosecuting party convicted of violating city ordinance, 47 Cal. 478; percentage on judgments for assessments for reclamation of swamp lands, 52 Cal. 190; in Santa Cruz County, Stats. 1872, p. 440; in Butte, Inyo, Placer and Shasta Counties, Stats. 1872, p. 799; in Sutter County, Stats. 1876, p. 599. Local Acts altering salaries of District Attorneys--in various counties. Amador, Stats, 1376, p. 370. Butte, Stats. 1874, p. 733; amd. by Stats. 1878, p. 248. Calaveras, Stats. 1876, p. 141. Colusa, Stats. 1874, p. 873. Contra Costa, Stats. 1876, p. 91. El Dorado, Stats. 1878, p. 778-9. Humboldt, Stats. 1876. p. 34. Inyo, Stats. 1874, p. 177. Lake, Stats. 1876, p. 599; and see Stats. 1878, p. 256. Los Angeles, Stats. 1878, p. 574. Marin, Stats. 1874, p. 433. Mariposa, Stats. 1814, p. 83. Merced, Stats. 1874, p.. 660; amd. by Stats. 1878, p. 137. Modoc, Stats. 1874, p. 124; 1878, p. 147. Monterey, Stats. 1878, p. 863. Napa, Stats. 1874, p. 392. Nevada, Stats. 1878, pp. 551, 552. Sacramento, Stats. 1874, p. 909; and see Stats. 1872, p.863; 1874, pp. 201, 794. San Benito, Stats. 1874, p. 95. San Bernardino, Stats. 1876, p. 389. San Diego, Stats. 1876, p. 586. San Joaquin, Stats. 1874, p. 575. San Luis Obispo, Stats. 1876, p. 608; 1878, p. 451. Santa Clara, Stats. 1874, p. 610; Stats. 1876, p. 35, amd. by Stats. 1878, p. 288. Santa Cruz, Stats. 1876, p. 576. Solano, Stats. 1872, p. 624. Sonoma, Stats. 1874. p. 382. Stanislaus, Stats. 1874, p. 277. Tuolumne, Stats. 1876, p. 45. Ventura, Stats. 1874, p. 618. Yolo, Stats. 1874, p. 420; 1876, p. 170. Assistants-of District Attorney in San Francisco, Stats. 1874, p. 602: 1878, p. 70. |