Duties of School Superintendents. NOTE.-See Secs. 3746-3810, ante, and notes. See, also, general references in notes to Secs. 4103 and 4268, ante. Local and special Acts are to be found in Stats. 1871-72 on the subjects and pages given below relating to Tax Collector: Alameda, duty concerning delinquent taxes, p. 38; El Dorado, election of, p. 377; El Dorado, bonds of, p. 378; Nevada, salary and fees of, p. 844; Placer, relative to collection of personal property and poll tax, p. 656; San Bernardino, fees of, p. 494; Duties of, p. 586; Fees of, pp. 178, 179. How construed, see Secs. 5-18, 323-330, ante, and notes, in their relation to the Code. Fees and salaries under existing laws not disturbed.-See Sec. 4321, post. 4302. The School Superintendent must perform such duties as are prescribed in Title III, Part III of this Code. NOTE.-See Secs. 1542-1550, ante; also, general references in notes to Secs. 4103 and 4268, ante. Local and special Acts of 1871-72, relating to schools, are referred to here for convenience, giving the subject and page of the statute where found. Directors of in Town of Alameda, p. 280; tax, p. 281; Contra Costa, providing deficiencies in funds, pp. 234-235; El Dorado, consolidating Negro Hill School District with Natoma District, Sacramento, p. 475; Mendocino, Ukiah District, tax for, p. 22; Monterey, salary of Superintendent of, p. 316; Sacramento, Grant District, to expend County Fund in repairing, etc., p. 362; San Francisco, to provide for support of, pp. 846-853; San Francisco, classification of, p. 852; San Francisco, separate for the depraved, p. 850; San Joaquin, Superintendent of to apportion moneys, p. 361; San Joaquin, transfer of moneys to General School Fund, p. 361; San José, application of school moneys, p. 352; Santa Barbara, Trustees of School District of to issue bonds, pp. 123, 124; Santa Barbara, Trustees of San Buenaventura District to issue bonds, pp. 395-397; Siskiyou, apportionment of school moneys, p. 231; Siskiyou, School Fund of, p. 2; Siskiyou, support of, p. 2; Siskiyou, transfer of funds, p. 81; Siskiyou, transfer of Indian to School Fund, p. 418; Stanislaus, Superintendent of to have an office, p. 35; Stanislaus, to erect school house in Modesto District, pp. 313-315; Stockton, funding of school debt, p. 557; Stockton, adjustment of value of school property adjacent to City of, p. 530; Sutter, to construct a public school house in Yuba District, pp. 271, 272; Tehama, Red Bluff District, to levy tax for, p. 356; Tehama, Red 4303. Bluff District, Trustees to borrow money, p. 764; Te- Duties of Public The Public Administrator must perform such duties as are prescribed in Chapter XIII, Title AdminisXI, Part III, of THE CODE OF CIVIL PROCEDure. NOTE.-See Code Civil Procedure, Secs. 1726-1743, and notes. Local and special Acts are to be found, with subjects, in Stats. of 1871-2, pages as follows: Public Administrators-Contra Costa, to act as Coroner, p. 170; Contra Costa, official bond of, p. 183; Merced, official bond of, p. 21. Stats. 1871-2, p. 796. An Act to provide for Public Administrators in cer- [Approved March 30, 1872.] [Enacting clause.] SECTION 1. If the Public Administrator of any county of this State fails to qualify, or in person fails to perform the duties of his office, the Coroner of such county shall be ex officio Public Administrator; and in case both Public Administrator and Coroner fail to qualify or to perform the duties appertaining thereto, the Supervisors shall appoint a suitable person to be Public Administrator; and all laws applicable to the qualification, powers, duties, and compensation of Public Administrator shall apply to the Coroner or appointee of the Supervisors as aforesaid. SEC. 2. This Act shall take effect and be in force from and after its passage. 4304. The Commissioner of Highways and Road Overseers must perform such duties as are prescribed in Title VI, Part III, of this Code. NOTE.-See Sec. 2646 and others following, ante. See, also, general references in notes to Secs. 4103 and trator. 1880 338 Constables Governed by the law ARTICLE XII. CONSTABLES, JUSTICES OF THE PEACE, AND INFERIOR OFFICERS. SECTION 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. NOTE.-See notes generally to Secs. 220, 4103 and 4268, and references there given. Constables may appoint deputies.-Taylor vs. Brown, 4 Cal., p. 188; see Secs. 865, 875-879, ante. Where he may execute process and where not.-See Lowe vs. Alexander, 15 Cal., p. 296. May, in the cases mentioned in Secs. 902-904 of the Code of Civil Procedure, execute process out of township.-Lafontaine vs. Greene, 17 Cal., p. 294. What Constable's deed must recite.-Wiseman vs. McNulty, 25 Cal., p. 230. See Penal Code Cal., “Purchasing judgment," Sec. 97; "Suffering escape," id., Sec. 108; "Refusing to make arrest," id., Sec. 142. See special and local Acts of 1872, subjects and pages following: "Constables," El Dorado, bonds of, p. 595; Calaveras, fees as Tax Collectors, p. 177. 4315. All the provisions of Article IV of this prescribing Chapter, except the fourth and sixth subdivisions of Section 4176, apply to Constables and govern their powers, duties, and liabilities. Sheriffs' Duties of 4316. Justices of the Peace must perform such the Peace. duties as are prescribed in Title XI, Part II, of THE CODE OF CIVIL PROCEDURE, and such other duties as are prescribed by law. NOTE.-See Code Civil Procedure Cal., "Election, term, jurisdiction."-Secs. 113-117, and notes. Writs of review not to issue.-Sec. 1068; id., nor prohibition, Sec. 1103; nor mandate, Sec. 1085. Purchasing judgment be punished by (Sec. 97, Penal Code Cal.; see id., Secs. 92-98;) magistrate, id., Sec. 808; see Civil Code Cal., Secs. 70, marriage; 1181, acknowledgments; CHAPTER IV. SALARIES AND FEES OF OFFICE. SECTION 4328. Salaries of County Judges and District Attorneys. 4329. Salary of County Judges fixed. 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 on proceedings under writ of habeas corpus. County District Attorneys. 4328. The salaries of County Judges and District Salaries of Attorneys must be paid monthly from the County Judges and Treasury, on the warrants of the County Auditor. Their salaries are fixed in the succeeding sections of this Chapter. 4329. The salaries of County Judges are as fol- Salary of lows: 1. Of San Francisco, five thousand dollars; 2. Of Sacramento, three thousand dollars; County Judges 1188 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; Same. 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. NOTE.-Salary of El Dorado County Judge.-See Stats. 1871-2, p. 595, Sec. 6. There is a serious question whether this section does not supersede the Act of 1872-so far at least as the amount of salary is concerned. The title of the Act is as follows: "An Act to amend an Act entitled 'An Act to regulate the fees and salaries of officers and defining their duties in the County of El Dorado, and other matters relating thereto,' approved March 5, 1870; approved March 27, 1872." The section referred to reads as follows: "Sec. 6. Section eight of said Act is hereby amended so as to read as follows: 'Section 8. The County Judge shall receive an annual salary of one thousand dollars, payable out of the county Salary Fund.'" The author of this note inclines to the opinion that this section of the Code, so far as the amount of salary is concerned, is the law, and that the County Judge is entitled to fifteen hundred dollars per annum, payable under the above recited Act out of the "Salary Fund."-See Secs. 4331, 4478, 4479, post, and 323-330, ante. Salary of County Judge Ventura County is one thousand dollars. See Stats. 1871-2, p. 485, Sec. 4. Stats. 1871-2, p. 99. An Act to authorize the Board of Supervisors of [Approved February 13, 1872.] [Enacting clause.] SECTION. 1. The Board of Supervisors of Colusa County are hereby authorized and required to levy a special tax of one tenth of one per cent on the taxable property in said county in addition to other taxes |