forty-eight jurors, twenty dollars; for summoning a panel of thirty-six jurors, fifteen dollars; for summoning a panel of twelve jurors, ten dollars; for executing a sentence of death, fifty dollars. Each juror shall receive for each day's attendance, two dollars, to be paid on the certificate of the clerk, which shall be issued during the term. 429. SEC. 692. The district attorney shall receive on each conviction for felony, when the punishment is death, fifty dollars; for each conviction for other felony twenty-five dollars; on each conviction for misdemeanor, the sum of fifteen dollars; which said sums shall be assessed against the one convicted, and if the same cannot be collected from the defendant, then it shall be considered a county charge, and be audited by the board of supervisors; provided, that [in] the counties of San Joaquin, Humboldt and Placer, the fees allowed by this act to district attorneys shall in no event become a county charge. The district attorney shall receive ten per cent. upon all collections upon forfeited recognizances. 430. SEC. 693. The fees allowed to justices of the peace and other offcers having the jurisdiction and authority of justices of the peace, clerks, peace-officers and district attorneys shall, when the defendant is convicted, be considered and recovered against him as costs in the suit, and be collected in like manner as costs in civil cases. 431. SEC. 694. The fees allowed a sheriff for summoning jurors, jurors' fees and fees allowed magistrates, peace-officers and clerks, in cases where the defendant is acquitted, or where being convicted he is unable to pay the costs, shall be county charges, and shall be audited and paid in like manner as other charges against the county. 432. SEC. 695. Whenever any officer, except district attorneys, mentioned in this act receives a salary, he shall account for and pay over to the treasurer of the city of which he is an officer all fees collected by him under the provisions of this act. Sec. 695 Cr. Pr. expressly exempting one officer would seem to imply very strongly that none others were to be exempted. 13 Cal. 295. CHAPTER XLII. SUPPLEMENTAL ACTS. [Sections one and two contain the amendments to sections four hundred and eighty-one and four hundred and eighty-two of the act of 1851, therein inserted.] 433. SEC. 3. The appeal to the county court from the judgment of a justice's, recorder's, mayor's or police judge's court, shall be heard upon a statement of the case settled by the justice, police judge, recorder or mayor, embodying the evidence and such rulings of the court as are excepted to. 434. SEC. 4. Upon the appeal to the county court, if a new trial be granted, such new trial shall be had in the county court. If the judgment be affirmed, a copy of the judgment of affirmance shall be sent to the court below, upon the receipt of which the court below shall proceed to enforce its sentence. 435. SEC. 5. All appeals from a justice's, mayor's, recorder's or police judge's court, remaining undetermined and now pending in any court of sessions shall be transferred to the county court of the proper county, and be heard and determined by said county court in like manner as if the appeal were originally taken to the county court under the provisions of this act. 436. SEC. 6. Nothing in this act contained shall apply to the police judge's court in the city of San Francisco, save the provisions of section one of this act. INDEX. [This Index is made in reference to pages and sections. The sections indexed are the absence of justice during the time in which appeal can be undertaking when is a contract on the part of sureties... 225 36 undertaking sureties on, need not appear in the body of..226 .226 a mere correction of judgment does not create liability. |