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13. Supervisors: first class, fifteen thousand dollars; second class, ten thousand dollars; third class, two thousand dollars.

SEC. 4123. When the amount of the bond to be given bond is not by any county or township officer is not fixed by law, the amount must be fixed by the Board of Supervisors.

fixed by

law.

Other

provisions relating to

county officers.

SEC. 4124. Other provisions relating to the different classes of officers are contained in Chapter VII, Title I of Part III of this Code.

Duty of
County
Judge.

ARTICLE II.

COUNTY JUDGE.

SECTION 4134. Duty of County Judge.

SEC. 4134. The County Judge must:
1. Perform the duties of a magistrate;
2. Hold County and Probate Courts;

3. Take and certify acknowledgments to the execu tion of instruments in writing, and grant certificates to the official character of the County Clerk;

4. Certify to the ownership of wrecked property or its proceeds; and

5. Perform such other duties as are prescribed in any of the laws of this State.

ARTICLE III.

COUNTY TREASURER.

SECTION 4144. Duty of County Treasurer.

4145. To receive no money except on certificate of Auditor. 4146. Must receipt for money.

4147. Mode of redeeming warrants.

4148. Registry of warrants, when no funds.

4149. Notice of redemption of warrants.

4150. What it must state and how published.

4151. Priority in payment of warrants.

4152. Funds reserved sixty days therefor.

4153. Must note the interest paid on warrant.

SECTION 4154. Settlements, when and how made-monthly and an

nually.

4155. Report to Board of Supervisors each session.

4156. Penalty for not reporting.

4157. When he must sue District Attorney.

4158. When he must sue Coroner.

4159. What he must do with property received from Coroner.
4160. Money from Coroner in Treasury may be demanded
within six years.

4161. Treasurer must not loan public money or make general

deposit.

4162. Supervisors may suspend Treasurer.

4163. No commissions allowed.

4164. Books and vouchers subject to inspection.

4165. Treasurer must permit Auditor to examine his books,

etc.

SEC. 4144. The County Treasurer must:

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 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 only on county warrants issued by the County Auditor, based on orders.

Duty of
County
Treasurer.

To receive

no money

of the Board of Supervisors, or as otherwise provided by law.

SEC. 4145. He must receive no money into the Treasury unless accompanied by the certificate of the Auditor of Auditor. provided for in section four thousand two hundred and

except on certificate

Must receipt for money.

Mode of redeeming warrants.

Registry of warrants, when no funds.

Notice of redemption of warrants.

What it

must state, and how

published.

seventeen.

SEC. 4146. When any money is paid to the County Treasurer he must give to the person paying the same a receipt therefor, which must forth with be deposited with the County Auditor, who must charge the Treasurer therewith and give the person paying the same a receipt.

SEC. 4147. When a warrant is presented for payment, if there is money in the Treasury for that purpose he must pay the same, and write on the face thereof "paid," the date of payment, and sign his name thereto.

SEC. 4148. When any warrant is presented to the Treasurer for payment and the same is not paid for want of funds, the Treasurer must indorse thereon, "not paid for want of funds," annexing the date of presentation, and sign his name thereto; and from that time until paid the warrant bears seven per cent per annum interest.

SEC. 4149. When there are sufficient moneys in the Treasury to pay the warrants drawing interest, the Treasurer must give notice in some newspaper published in his county, or, if none is published, then by written notice posted upon the Court House door, stating therein that he is ready to pay such warrants. From the first publication or posting of such notice such warrants cease to draw interest.

Stats. 1850, p. 115, Sec. 11.

SEC. 4150. In advertising warrants under the provisions of this section in any newspaper, the Treasurer must not publish the warrants in detail, but give notice only that county warrants presented for payment prior to such a date, stated in the notice, are payable. When a part only of the warrants presented for payment on the

same day are payable, the Treasurer must designate such payable warrants in the advertisement.

SEC. 4151. Warrants drawn on the Treasury and properly attested are entitled to preference as to payment out of moneys in the Treasury properly applicable to such warrants according to the priority of time in which they were presented. The time of presenting such warrants must be noted by the Treasurer, and upon the receipt of moneys into the Treasury, not otherwise appropriated, he must set apart the same or so much thereof as is necessary for the payment of such warrants.

Priority in

payment of

warrants.

reserved

sixty days

therefor.

SEC. 4152. Should such warrants not be re-presented Funds for payment within sixty days from the time of the notice herein before provided for is given, the fund set aside for the payment of the same must be by the Treasurer applied to the payment of unpaid warrants next in order of registry. The Board of Supervisors may, on application and presentation of warrants properly indorsed, which have been advertised, pass an order directing the Treasurer to pay them out of any money in the Treasury not otherwise appropriated.

SEC. 4153. When the Treasurer pays any warrant on which any interest is due he must note on the warrant the amount of interest paid thereon, and enter on his account the amount of such interest distinct from the principal.

Must note

the interest

paid on

warrant.

Settlements, when and monthly

how made:

and

SEC. 4154. The Treasurer must settle his accounts relating to the collection, care, and disbursement of public revenue, of whatsoever nature and kind, with the Auditor on the first Monday of each month. For the purpose of annually. making such settlement he must make out a statement, under oath, of the amount of money or other property received prior to the period of such settlement, the sources whence the same was derived, the amount of payments or disbursements, and to whom, with the amount remaining on hand. He must, in such settlements, deposit all warrants redeemed by him and take the Auditor's receipt

Report to
Board of

each

session.

therefor. He must also make a full settlement of all accounts with the Auditor annually on the first Monday of January, in the presence of the Supervisors, who have a supervisory control thereof.

SEC. 4155. Each County Treasurer must make a detailed Supervisors report, at every regular meeting of the Board of Supervisors of his county, of all moneys received by him and the disbursement thereof, and of all debts due to and from the county, and of all other proceedings in his office, so that the receipts into the Treasury and the amount of disbursements, together with the debts due to and from the county, may clearly and distinctly appear.

Penalty for not reporting.

When he

must sue District Attorney.

When he must sue Coroner.

SEC. 4156. If any County Treasurer neglects or refuses to settle or report, as required in sections four thousand one hundred and fifty-four and four thousand one hundred and fifty-five, he forfeits and must pay to the county the sum of five hundred dollars for every such neglect or refusal, and the Board of Supervisors must institute suits for the recovery thereof.

SEC. 4157. If the District Attorney refuses or neglects to account for and pay over money received by him, as required by the fifth subdivision of section four thousand two hundred and fifty-six, the County Treasurer must bring an action against him for the recovery thereof in the name of the county, and may recover in such action in addition to the amount so received fifty per cent thereon by way of damages.

SEC. 4158. If the Coroner, or any Justice of the Peace acting as Coroner, fails to deliver to the Treasurer within thirty days after any inquest upon a dead body, all money and property found upon such body, unless claimed in the meantime by the Public Administrator or other legal representative of the decedent, as required by section four thousand two hundred and eighty-seven, the Treasurer must proceed against the Coroner, or Justice acting as Coroner, to recover the same by civil action in the name of the county.

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