CHAPTER CXXXVI. An act making an appropriation to pay the contingent expenses of the senate, thirty-fifth session. [Approved March 16, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: tion to pay SECTION 1. The sum of one thousand dollars is hereby Appropriaappropriated out of any money in the state treasury not other contingent wise appropriated, to pay the contingent expenses of the senate, expenses thirty-fifth session. SEC. 2. This act shall take effect immediately. "of senate. CHAPTER CXXXVII. An act making an appropriation for postage, expressage, telegraphing, and contingent expenses of the surveyor-general's office for the remainder of the fifty-fourth fiscal year. [Approved March 16, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: tion to pay SECTION 1. The sum of five hundred dollars is hereby appro- Appropriapriated out of any money in the state treasury not otherwise contingent appropriated, for postage, expressage, telegraphing, traveling expenses of and contingent expenses for the surveyor-general's office for the general's remainder of the fifty-fourth fiscal year. SEC. 2. This act shall take effect immediately. surveyor office. CHAPTER CXXXVIII. An act to amend an act entitled "An act to establish a uniform system of county and township governments," approved April 1st, 1897, and amended March 23rd, 1901, by amending section. 197 thereof, relating to the salaries and fees of county and township officers in counties of the fortieth class. [Approved March 16, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section one hundred and ninety-seven of an act entitled "An act to establish a uniform system of county and township governments," approved April first, eighteen hun Counties of fortieth class. Salaries of county officers. Justices of the peace, fees of. dred and ninety-seven, and as amended March twenty-third, nineteen hundred and one, is hereby amended so as to read as follows: 197. In counties of the fortieth class, the county officers shall receive as compensation for the services required of them by law or by virtue of their offices, the following salaries and fees, to wit: 1. The county clerk, two thousand dollars per annum. 2. The sheriff, four thousand dollars per annum, and all mileage for the service of papers issued out of any court outside of his county. 3. The recorder, one thousand dollars per annum. 4. The auditor, five hundred dollars per annum. 5. The treasurer, fifteen hundred dollars per annum. 6. The tax collector, five hundred dollars per annum, and ten per cent on all licenses collected by him as license collector. 7. The assessor, four thousand dollars per annum. 8. The district attorney, fifteen hundred dollars per annum. 9. The coroner, such fees as are now, or may be hereafter allowed by law. 10. The public administrator, such fees as are now, or may be hereafter allowed by law. 11. The superintendent of schools, fifteen hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. 12. The surveyor, such fees as are now, or may be hereafter allowed by law. 13. Each justice of the peace, the following fees: In civil actions before him, for all services required to be performed by him before trial, two dollars. For a trial, and all proceedings subsequent thereto, including all affidavits, swearing witnesses and jury, and the entry of judgment, four dollars. In all cases where judgment is rendered by default or confession, for all services from the filing of the complaint to and including the entry of judgment, three dollars. For issuing a writ of attachment, to include all affidavits, taking and approving bond, and all oaths and certificates necessary thereto, three dollars. For all services and proceedings in a criminal action or proceeding, whether on examination or trial, three dollars; provided, that if the defendant plead guilty, only two dollars shall be allowed. For taking bail, after commitment by another magistrate, only fifty cents. For making transcript of docket, making up and transmitting papers on appeal, including the certificate to the same, two dollars. For copies of docket or papers in his office, per folio twenty cents. For issuing a search warrant, to be paid by the party demanding the same, one dollar. For celebrating a marriage, and returning the certificate to the recorder, three dollars. fortieth For docketing a judgment or any instrument, for the first Counties of name fifty cents; for each additional name twenty-five cents. class. For taking depositions, per folio, twenty cents. For administering an oath, twenty-five cents, and certificate to same, twenty-five cents; for each certificate twenty-five cents. For issuing a commission to take testimony, seventy-five cents. For all services connected with the posting of estrays, including the transcript for the recorder, three dollars. For issuing an execution and entering satisfaction of the judgment, fifty cents. In all cases before justices of the peace where the venue shall be changed, the justice before whom the action shall be brought, for all services rendered, including the making up and transmission of the manuscript and papers, shall receive three dollars; and the justice before whom the trial shall take place, shall receive the same fees as if the action had been commenced before him. stables, 14. Each constable shall receive the following fees: For Co serving all summons in civil cases, for each defendant, includ- fees of. ing the copy required by law, one dollar. For summoning a jury of twelve or less before a justice, one dollar and fifty cents; for each additional juror above twelve, twenty-five cents. For taking any bond required by law to be taken, fifty cents. For serving an attachment or levying an execution on the property of a defendant, one dollar and fifty cents. For summoning and swearing a jury to try the rights of property, and making a verdict, two dollars. For receiving and taking care of property on execution, order or attachment, his actual necessary expenses, to be allowed by the justice who issued the order, attachment or execution upon the affidavit of the constable that the charges are correct and that the expenses were necessarily incurred. For collecting all sums on execution, three per cent, to be charged against the defendant named in the execution. For serving a warrant or order for the delivery of personal property, or making an arrest in a civil case, one dollar and fifty cents. For making each arrest in criminal cases, two dollars. For every mile necessarily traveled, in going only, to serve any civil or criminal process or paper, or to take a prisoner before a magistrate or to prison, twenty-five cents; but when two or more persons are served or summoned in the same suit and at the same time, mileage shall be charged only for the most distant, if they live in the same direction. For sales of estrays, the same fees as for sales on execution. For the transportation of prisoners to the county jail, the actual necessary expenses. For attending a justice's court and taking charge of a jury and prisoner when required, two dollars, for each day of actual attendance upon the court. For all other services, the same fees as are allowed sheriffs for like services. Supervisors. 15. Each member of the board of supervisors, four hundred dollars per annum, and twenty cents per mile for traveling from his residence to the county seat. Deeds to state of property sold for taxes, upon which state university holds mortgage; duty of controller and tax collector. CHAPTER CXXXIX. An act to amend an act entitled, "An act to establish a Political Code," approved March 12, 1872, by adding a new section to the Political Code of the State of California, to be known as section 3898a, relating to proceedings for the transfer to the regents of the University of California of certain public lands acquired by tax sales. [Approved March 16, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. A new section is hereby added to the Political Code of the State of California, to read as follows: 3898a. Whenever the state has or shall become the owner of any property sold for taxes and the deed to the state has been filed with the controller, upon which property there appears of record a mortgage to the regents of the University of California, and such mortgage and the debt secured thereby have not been both paid in full and satisfied of record, the controller, upon receiving proof, by affidavit of the president and secretary, or acting secretary or of the treasurer of said regents, that the debt. secured by said mortgage has not been fully paid, shall direct the tax collector of the county, or city and county, in which such lands are situated, to execute a deed of such lands in the name of the State of California to the regents of the University of California. Said tax collector shall thereupon publish a notice once a week for at least three successive weeks in some newspaper published in the county or city and county in which such lands are situated, or if there be no newspaper published therein, then said tax collector shall post a notice in three conspicuous places in said county, or city and county, at least three weeks before the day to be named in said notice as hereinafter provided. Said notice must state that on or after a day therein mentioned (which day shall be not less than four weeks, and not more than eight weeks after the first publication or posting of said notice,) said tax collector will execute and deliver to the regents of the University of California a deed to the property, and shall describe said property and shall state that said deed will be made because of a sale of said property to the state for delinquent taxes, and because the regents of the University of California is interested in the said property. No other matters need be contained in said notice. One or more pieces of land may be described in the affidavit, notice, deed and lector to regents. regents to report herein provided for. Unless prior to the day so to be Tax colmentioned in such notice, there shall be paid to the said tax execute collector the full amount for which said property was sold to deed to the state, together with all interest and penalties thereon and all expenses and costs connected therewith, and all subsequent state and county taxes not theretofore paid in full, and all interest and penalties thereon and all costs and expenses connected therewith, and also the expense of publishing or posting said notice, as the case may be, then said tax collector shall on said day, or within ten days thereafter, execute, acknowledge and deliver such deed to said regents without any payment, charge or fee therefor, and shall within five days thereafter report in writing to the controller the fact of the execution of such deed. In the event said notice shall describe two or more pieces of land assessed separately and sold separately to the state, then if all the payments above provided for be made within the time aforesaid in respect to any one of said pieces so separately assessed and sold, (including the entire cost of publishing or posting said notice, as the case may be), such piece so paid upon shall not be included in the deed herein provided for, and the fact of such payment and amount paid shall be stated in the said report to the controller. Such deed shall transfer, Right of grant, convey and confirm to the regents of the University of enforce California the entire title to such lands, free and clear of all mortgage. claims and incumbrances whatsoever; but nothing herein contained shall be held to interfere with the right of said regents to enforce said mortgage or the payment of the debt secured thereby, or to procure a decree of foreclosure and a sale under such decree of all or any of the property described in such mortgage. Said deed shall recite the facts in this section provided as authorizing its execution and shall be prima facie evidence thereof and of all matters therein recited and of the ownership of said lands by said regents. Said deed may be recorded in the office of the county recorder of the county or city and county in which any such lands are situated; and upon the expiration of two years after it has been so recorded, shall, (except as against parties deriving title through a sale and purchase under decree of foreclosure of such mortgage), be conclusive evidence that the complete fee simple title to the property therein described vested at the date of said deed in the regents of the University of California, free and clear of all claims, liens, charges, and incumbrances whatsoever; provided, however, that in any action which may be commenced against said regents before the expiration of said two years to question the title of said regents to said property, said deed shall be prima facie evidence only. The expense of the publication and Expense of posting herein provided for shall be paid by the regents of the tion. University of California, unless such expense should be paid to said tax collector prior to the day mentioned in said notice, as hereinabove permitted. While any mortgage to said regents appears of record and not satisfied of record, no sale of any lands therein described shall be made under the provisions of section 3897 of this code. Any moneys which may be paid publica |