Innavigable streams may be declared highways for fishing.

$40852. On the application of any individual, association or corporation interested, the board of supervisors of any county of this state may, by ordinance, declare all or any portion of any slough, river or stream which does not lie within or run through cultivated land lying within the county which is stocked or supplied, in whole or in part, with fish, by the state or counties and which has not been declared by law to be navigable, and which in fact is not navigable for commercial purposes, to be a public highway for the purpose of fishing in said slough, river or stream, and the same shall thereupon become and be a public highway for such purpose, subject only to the reservations hereinafter contained. In case any owner of land adjacent to or across which such slough, river or stream flows does not consent to the use of the slough, river or stream for such purpose with the right to pass along the banks for the purpose of fishing and grant the same to the county by suitable instrument in writing, on application, the board of supervisors may contract for and purchase any or all such rights; or if the same cannot be purchased at a satisfactory price, may authorize proceedings to be commenced to procure the same in the manner directed by title VII, part III, of the Code of Civil Procedure. [New section approved May 1, 1911; Stats. 1911, p. 1389.]

§ 4088.

Citations. App. 12/432.

Signature to county bonds.

§ 4088a. In case any officer whose signature or counter-signature or attestation appears on any county bonds or coupons thereof, issued under the provisions of section 4088, shall cease to be such officer before the delivery of such bonds to the purchaser thereof, such signature or countersignature or attestation appearing either on the bonds or the coupons, or on both, shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until the delivery of such bonds; and the signature upon the coupons of the person who is auditor at the date of such bonds, shall be valid although the bonds themselves may be attested by a different person who is auditor at the time of delivery of such bonds. [New section approved January 30, 1911; Stats. 1911, p. 3.]

Settlement with debtors of county.

§ 4093. The auditor must examine and settle the accounts of all persons indebted to the county, or holding moneys payable into the county treasury, and must certify the amount to the treasurer, and upon the presentation and filing of the treasurer's receipt therefor, give to such persons a discharge, and charge the treasurer with the amount received by him, provided, that all persons, or officers, indebted to the county or holding moneys payable into the county treasury, must make oath, before the auditor, of the total amount of money payable by him to the county or into the county treasury, and on what account. Moneys payable into

the county treasury, as the term is used in this section, shall include moneys belonging to estates of deceased persons and required by law to be paid to the county treasurer, taxes on inheritances and transfers, all moneys deposited by order of court, and all other moneys deposited with such treasurer by virtue of any official authority whatever. [Amendment approved April 6, 1911; Stats. 1911, p. 686.]

Monthly count of money in county treasury.

§ 4097. The chairman of the board of supervisors, district attorney, and auditor must, at least once in each month, count the money in the county treasury, and make and verify, in duplicate, statements showing: 1. The amount of county money and the amount of the receipts for bank deposits that ought to be in the treasury.

2. The amount of money not the property of the county which has been paid into the treasury or ordered deposited with the treasurer, and which ought to be in the custody of the treasurer at such time.

3. The amount and kind of money and the amount of bank receipts for deposits which are actually in the treasury.

4. The amount of money other than county moneys actually in the treasury, or on deposit in the hands of the treasurer. [Amendment approved April 24, 1911; Stats. 1911, p. 1095.]

1. Receive all moneys belonging to the county, and all other moneys by law directed to be paid to him, safely keep the same and apply and pay them out, rendering the account thereof as required by law.

2. File and keep the certificates of the auditor delivered to him when moneys are paid into the treasury.

3. Keep an account of the receipt and expenditure of all such moneys, in books provided for the purpose, in which must be entered the amount, the time when, from whom, and on what account, all moneys were received by him; the amount, time when, to whom, and on what account all disbursements were made by him.

4. So keep his books that the amount received and paid out on account of separate funds or specific appropriations are exhibited in separate and distinct accounts, and the whole receipts and expenditures shown in one general or cash account.

5. Enter no moneys received for the current year on his account with the county for the past fiscal year, until after his annual settlement for the past year has been made with the county auditor.

6. Disburse the county moneys and all other moneys placed in his custody by official authority only on warrants issued by the county auditor. 7. Disburse the moneys in the treasury on such warrants only when they are based on orders of the board of supervisors, or upon order of the superior court, or as otherwise provided by law. [Amendment approved April 24, 1911; Stats. 1911, p. 1095.]

County officers may pay money to treasurer daily.

§ 4101a. The assessor, the tax collector, the clerk, the recorder and any other officer required to pay into the county treasury taxes, fees or other money collected by him, may pay such money to the treasurer daily without making an account of the sources from which the same was collected, and the treasurer and auditor shall credit such officer with the amount so paid in without apportioning the same to any specific fund. Such officer shall, notwithstanding such payment, make regular settlements and accounts of his collections monthly or otherwise, as may be required by law, and upon such settlements shall be credited with all amounts so paid to the treasurer and not included in his previous setilements, as so much cash. [New section approved April 10, 1911; Stats. 1911, p. 840.]

Auditor's certificate required.

§ 4102. He must receive no money into the treasury, or for deposit with him as treasurer, unless accompanied by the certificate of the auditor, provided for in section 4093. [Amendment approved April 24, 1911; Stats. 1911, p. 1096.]

§ 4126.

Citations. App. 10/138.

Indexing deeds, etc., once recorded.

§ 4135b. Whenever any instrument has been filed for record with the county recorder of any county in the state of California, as a deed. deed of trust, mortgage or chattel mortgage, or copied into any book of deeds, deeds of trust, mortgages or chattel mortgages, such instrument need not be again filed for record or recorded in such office as a different instrument from that so filed for record or so recorded, but such recorder must index such instrument in any of the indices kept in his office upon the request of the person recording such instrument and the payment to him of his legal fees for such indexing. Such instrument from the date of such indexing, imports notice of its contents to all persons; and subsequent purchasers, mortgagees, lienholders and encumbrancer purchase and take with like notice and effect as if such instrument had been copied or recorded in the proper book of records corresponding with such indices where so indexed, notwithstanding such instrument has been but once recorded or copied in the records of such office. [New section approved March 15, 1911; Stats. 1911, p. 367.]

Cost of burial of bodies over which coroner has held inquest may be met by sale of personal property.

§ 4144. When an inquest is held by the coroner, and no other person takes charge of the body of deceased, he must cause it to be decently interred; and he may, in order to decently inter the body of the deceased, apply to a judge of the superior court of his county for an order permitting the coroner to summarily sell any personal property belonging to the deceased, and to withdraw any money that the deceased may have

on deposit with any bank and to collect any indebtedness or claim that may be owing or due the deceased. If upon such application it appears to the court, by competent evidence, that the total value of the estate of the deceased is less than seventy-five dollars the judge shall make an order granting the application; and there shall be no administration upon the estate of the deceased unless additional estate be found or discovered. No notice of the application need be given and no fee shall be charged by the clerk of the court or coroner for the filing of said application, or for any duty or service of the clerk or coroner connected therewith. Upon the sale of the personal property of the deceased or the collection of any money, claim or indebtedness by the coroner, he shall use the same for expenses of the funeral of the deceased.

The coroner shall file with the clerk of the court a statement showing the property of the deceased that came into his hands, the amount re ceived from the sale of any personal property and the disposition of the property of the deceased, and shall file with the clerk vouchers showing what disposition was made of the property; if there is not sufficient property belonging to the estate of the deceased to pay the necessary expenses of the burial, the expenses are a legal charge against the county. [Amendment approved April 27, 1911; Stats. 1911, p. 1163.]

Salary of fish and game wardens. Expenses.

§ 4149d. The salary and compensation of the fish and game warden shall be as follows: For counties of the first class one hundred and twentyfive dollars per month; for counties of the second and third classes, one hundred dollars per month; for counties of the fourth and sixth classes, seventy-five dollars per month; for counties of the fifth, seventh, eighth and ninth classes, sixty dollars per month; for counties of the tenth class, seventy-five dollars per month; and for counties of all other classes, from the eleventh to the fifty-eighth, inclusive, fifty dollars per month. In addition thereto, said warden shall be allowed a sum not to exceed twenty-five dollars per month for expenses incurred by him in the performance of his duties. Said salary and expenses incurred must be paid monthly from the county treasury. [Amendment approved February 28, 1911; Stats. 1911, p. 102.]

District attorneys in counties of first class.

§ 4156b. District attorneys in counties of the first class shall devote their entire time and attention to the performance of the duties of their offices. [New section approved April 27, 1911; Stats. 1911, p. 1199.]

There was also another § 4156b adopted at the same session, as follows: District attorney not to defend.

§ 4156b. No district attorney of any county, or city and county of the state of California, shall, during his incumbency, defend or assist in the defense of, or act as counsel for, any person or persons, association or corporation, accused of any crime in any county or city and county in the state of California. [New section approved March 21, 1911; Stats. 1911, p. 427.]

§ 4157.

Citations. Cal. 157/422.

§ 4171.

Citations. Cal. 157/415.

§ 4172.

Citations. App. 9/548.

§ 4173.

Citations. App. 9/548.

§ 4176.

Citations. App. (subd. 1) 8/752; (subd. 2) 8/752; (subd. 8) 8/752.

§ 4178.

Citations. Cal. 155/196.

Duties of constables.

§ 4189. All writs, notices or other process issued by justices or justices' courts in civil actions or proceedings, if served within the township where issued, must not be served by any constable other than the duly elected, qualified and acting constable or constables of said township. [New section approved February 27, 1911; Stats. 1911, p. 86.]

§ 4191.

Citations. Cal. 155/545.

§ 4192.

Citations. Cal. 155/545.

§ 4204.

Citations. App. 8/694.

Salaries of officers in counties of first class. Los Angeles.

§ 4230. In counties of the first class the county and township officers shall receive as compensation for the services required of them by law or by virtue of their office the following salaries, to wit:

1. The county clerk, three thousand six hundred dollars per annum; provided, that in counties of this class there shall be and there hereby is allowed to the county clerk the following clerks, deputies and employees who shall be appointed by the county clerk, and shall be paid salaries as follows: One chief deputy at a salary of one hundred and seventy-five dollars per month; one deputy who shall be cashier and bookkeeper at a salary of one hundred and fifty dollars per month; one deputy who shall be in charge of the probate department at a salary of one hundred and fifty dollars per month; one deputy who shall be in charge of the registration department at a salary of one hundred and fifty dollars per month; one deputy who shall be an assistant to the