Fees of Clerk of District Court. CHAP. CLVIII.-An Act to regulate the Fees of certain officers in [Approved April 6, 1863.] The People of the State of California, represented in Senate and SECTION 1. Such fees are allowed to the officers hereinafter named for their services rendered in discharging the duties imposed on them by law as herein provided, and such officers may lawfully charge, demand, and receive the same. SEC. 2. The Clerk of the District Court shall receive : For issuing every writ or process under seal, one dollar. For entering every motion, rule, order, default, discontinuance, dismissal, or nonsuit, fifty cents. For entering every cause on the calendar, and making a copy thereof for the bar, for each term of the Court, fifty cents. For calling and swearing every jury, fifty cents. For receiving and entering each verdict of a jury, fifty cents. For entering every final judgment, for the first folio, one dollar. For each subsequent folio, twenty cents. For filing judgment roll, one dollar. For entering judgment on judgment docket, fifty cents. For administering every oath or affirmation, twenty-five cents. For certifying every oath or affirmation, twenty-five cents. For copy of any proceeding, record, or paper, for each folio, twenty cents. For every certificate under seal, cne dollar. For searching the files of each year in his office, (but not to charge suitors or Attorneys,) one dollar. For issuing every commission to take testimony, one dollar. For taking down testimony of witnesses during trial, for each folio, twenty cents, to be paid by the party requiring the same. For issuing every execution or other final process, one dollar. For issuing every decree, or order of sale of mortgaged property, one dollar. For issuing writ of injunction or attachment, one dollar. For entering judgment by confession, the same fees as in other cases of entering judgment. For receiving and filing every remittitur from the Supreme Court and accompanying papers, one dollar. For taking each bond required by law, with justification thereto, one dollar. For acknowledgment of deed or other instrument, including all writing and the seal, for each name thereto, one dollar. When the Court is sitting as a Court of criminal jurisdiction, he shall receive for the trial of each issue, when the charge is felony, five dollars. For the trial of each issue, when the charge is misdemeanor, three dollars. He shall receive no other fee for any service whatever in a criminal action or proceeding, except for copies of papers, for each folio, twenty cents. SEC. 3. The Clerk of the County Court shall have: Clerk of For filing all papers sent on appeal from Justices' Courts, in County each cause, one dollar. For all other services, the same fees as are allowed in the District Court for similar services. Court. Of Probate SEC. 4. The Clerk of the Probate Court shall have: cents. For certificate of appointment of Appraisers or Guardians, fifty cents. For writing and posting notices, when required, for each copy of the notice, one dollar. For notice given by publication, in addition to the cost of publication, fifty cents. For recording wills, per folio, twenty cents. For all other services, the same fees as are allowed the Clerk of the District Court for similar services. SEC. 5. The County Recorder shall have : County For recording any instrument, paper, or notice, when required, Recorder. for each folio, twenty cents. For copies of any record, or paper, per folio, twenty cents. For filing or receiving every instrument for record, and making the necessary entries thereon, twenty-five cents. For noting on any instrument the time when and place where recorded, twenty-five cents. For entering in the several indexes required, all the entries required for any instrument, paper, or notice, filed and recorded, for every such instrument, paper, or notice, twenty-five cents. For every certificate, under seal, to copies of papers or records in his office, when required, fifty cents. For every entry of discharge of mortgage on margin of record, fifty cents. For searching records and files of each year in his office, when required, fifty cents. For abstract or certificate of title, when required, for each conveyance or incumbrance certified, seventy-five cents. For recording every town plot, for every course, twenty-five cents. For figures and lettering plots and maps, per folio, forty cents. For taking and writing acknowledgments, including seal, for the first signature, one dollar. For each additional signature, fifty cents. For filing and entering a minute of certificate of Sheriff's sale, fifty cents. For filing and entering a minute of certificate of tax sale, fifty cents. For recording marriage certificate, one dollar. Sheriff. For filing and keeping each paper not required to be recorded, and indorsing the same, if required, fifty cents. SEC. 6. The Sheriff shall receive, for serving a summons and complaint, or any other process by which an action or proceeding is commenced, on every defendant, one dollar. For travelling in making such service, per mile, in going only, to be computed in all cases from the Court House of the county, thirty cents; provided, that if any two or more papers required to be served in the same suit, at the same time, and in the same direction, one mileage only shall be charged. For taking bonds or undertakings in any case in which he is authorized to take the same, fifty cents. For copy of any writ, process, or other paper, when demanded, or required by law, for each folio, twenty cents. For serving every notice, rule, or order, fifty cents. For travelling, per mile, in serving each subpoena, or venire, in going only; but when two or more witnesses or jurors live in the same direction, travelling fees shall be charged only for the most distant, thirty cents. For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for the delivery of personal property, and with travelling fees as on a summons, one dollar and fifty cents; but no travelling fee shall be allowed on such attachments, order of arrest, or order for the delivery of personal property, when the same accompanies the summons in the suit, and may be executed at the time of the service of the summons, unless for the distance actually travelled beyond that required to serve the summons. For serving an attachment upon any ship, boat, or vessel, in proceedings to enforce any lien thereon created by law, one dollar and fifty cents. For making and posting notices, and advertising property for sale on execution, or under any judgment, or order of sale, not to include the cost of publication in newspaper, one dollar and fifty cents. For commissions for receiving and paying over money on execution or process when land or personal property has been levied on, advertised, and sold, on the first one thousand dollars, two per cent; and on all sums above that amount, one per cent. For commissions for receiving and paying over money on execution without levy, or when the land or goods levied on shall not be sold, one per cent. The fees herein allowed for the levy of an execution, and for advertising, and for making and collecting the money on an execution, shall be collected from the defendant, by virtue of such execution, in the same manner as the sum therein directed to be made. For drawing and executing every Sheriff's deed, to be paid for by the grantee, who shall, in addition, pay for the acknowledgment thereof, three dollars. For serving a writ of possession or restitution, putting any person entitled into possession of premises, and removing the occupant, five dollars. For travel in the service of any process not herein before Sheriff. mentioned, for each mile necessarily travelled, in going only, thirty cents. For attending, when required, on any Court, in person or by Deputy, for each day, to be paid out [of] the County Treasury, three dollars. For bringing up a prisoner on habeas corpus to testify or answer in any Court, or for examination as to the cause of his arrest and detention, or to give bail, fifty cents; and for travelling each mile from the Jail, in going only, thirty cents. He shall also be allowed such further compensation for his trouble and expenses in taking possession of property under attachment, or execution, or other process, and of preserving the same, as the Court from which the writ or order may issue shall certify to be just and reasonable. For holding each inquest, or trial of right of property, when required, to include all service in the matter except mileage, three dollars. For attending on Supreme Court, either in person or by Deputy, to be paid out of the State Treasury, as other claims, for each day, five dollars. For making every arrest in a criminal proceeding, two dollars. For serving each subpoena in criminal proceedings, fifty cents. For executing every sentence of death, twenty dollars. For summoning a Grand Jury of twenty-four, eight dollars. lars. For each additional juror, twenty-five cents. For service of any process in criminal cases, for each mile necessarily travelled, fifteen cents; and the same mileage taking prisoner before a magistrate or to prison. In serving subpoena or venire in criminal cases, he shall receive mileage for the most distant only, where witnesses or jurors, or both, live in the same direction; for all services in Justices' Courts, the same fees as are allowed to Constables in like cases. Collector. SEC. 7. The Tax Collector shall receive the fees and compen- Tax sation now allowed by law; but fifty per cent of the compensation allowed for the collection of property tax shall be paid by him into the County Treasury for the benefit of the General Fund. SEC. 8. This Act shall take effect and be in force on and after the first day of March, in the year one thousand eight hundred and sixty-four, except section seven, which shall take effect immediately; and all Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed, so far as the same relate to Solano County. 25 Board of Seal. Sessions. CHAP. CLIX.—An Act to provide for the Maintenance and Supervision of Common Schools. [Approved April 6, 1863.] The People of the State of California, represented in Senate and OF THE STATE BOARD OF EDUCATION. SECTION 1. The Governor, the Superintendent of Public Instruction, and the Surveyor-General of this State, shall constitute a State Board of Education, of which the Governor shall be the President, and the Superintendent shall be the Secretary. SEC. 2. The State Board of Education shall have a seal, an impression and description of which shall be deposited by the Secretary of the Board in the office of the Treasurer of Štate. It shall be the duty of said Board to hold at least two sessions annually, for the purpose of devising plans for the improvement and management of the Public School Fund, and for the better organization of the Public Schools of the State; and it shall be the duty of the President of the Board to call such other meetSecretary. ings at such times as he may deem advisable and necessary. A full record of the proceedings of the Board shall be kept by the Secretary, and shall be embodied in the annual report of the Superintendent of Public Instruction. Duty of Election of. Term of office. Salary. To apportion school moneys. OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION. SEC. 3. The Superintendent of Public Instruction shall, at the special election for judicial officers, to be held in the year eighteen hundred and sixty-three, and every four years thereafter at such special elections, be elected by the qualified voters of the State, and shall enter upon the duties of his office on the first day of December next after his election. He shall be paid a salary of three thousand dollars per annum, and shall have power to appoint a Clerk, who shall be paid a salary of eighteen hundred dollars per annum. SEC. 4. It shall be the duty of the Superintendent of Public Instruction, subject to the supervision of the State Board of Education, immediately after the State Controller shall have made his semi-annual report as herein required, to apportion to the several counties the amount of school moneys in the State Treasury to which each shall be entitled under the provisions of this Act, in proportion to the number of white children residing therein between the ages of four and eighteen years, as shown by the last previous reports of the County Superintendents; and to furnish to the Controller of State, to each County Treasurer, and to each County Superintendent, an abstract of such apportionment; and, with each apportionment, to furnish to each County Treasurer his order on the Controller of State, under the seal of the State Board of Education, for the amount of school moneys in the State Treasury to which such county |