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What he

must do

with

property

from

SEC. 4159. The Treasurer, upon receiving from the Coroner, or Justice acting as Coroner, money found on a dead body, must place it to the credit of the county. On received receiving other property in like manner, he must within Coroner. thirty days sell it at public auction upon reasonable public notice, and must in like manner place the proceeds to the credit of the county.

from

Coroner in may be within six

Treasury

demanded

SEC. 4160. If the money in the Treasury is demanded Money within six years by the legal representatives of the decedent, the Treasurer must pay it to them, after deduct ing the fees and expenses of the Coroner and of the county in relation to the matter; or the same may be so paid at any time thereafter upon the order of the Board of Supervisors.

He

SEC. 4161. The County Treasurer must keep all moneys belonging to this State or to any county of this State in his own possession until disbursed according to law. must not place the same in the possession of any person, to be used for any purpose; nor must he loan or in any manner use or permit any person to use the same, except as provided by law; but nothing in this section prohibits him from making special deposits for the safe keeping of the public moneys.

years.

Treasurer loan public

must not

money or

make general deposit.

may

Treasurer.

SEC. 4162. Whenever an action based upon official Supervisors misconduct is commenced against any County Treasurer, suspend the Supervisors may, in their discretion, suspend him. from office until such suit is determined, and may appoint some person to fill the vacancy.

missions allowed.

SEC. 4163. In case of the death of any County Treas- No comurer, his legal representatives must deliver up all official moneys, books, accounts, papers, and documents which come into their possession. No percentage must be allowed to the Treasurer on any money by him received from his predecessor in office, or from the legal representatives of such predecessor.

SEC. 4164. The books, accounts, and vouchers of the

Books and Treasurer are at all times subject to the inspection and examination of the Board of Supervisors and Grand Jury.

vouchers subject to inspection.

Treasurer

must

permit

Auditor to examine his books, etc.

SEC. 4165. The Treasurer must permit the Courty Judge and Auditor to examine his books and count the money in the Treasury whenever they may wish to make an examination or counting.

ARTICLE IV.

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SHERIFF.

SECTION 4175. "Process" and "notice" defined.

4176. Duties of Sheriff.

4177. Service and execution of process.

4178. Return primary evidence.

4179. Penalty for non-return of process, etc.

4180. Liable for refusing to levy.

4181. Damages for refusing to pay over money.

4182. Liable for permitting an escape.

4183. Liable for a rescue.

4184. No action for escape or rescue after recapture.

4185. Direction to Sheriff must be in writing.

4186. When office of Sheriff deemed vacant.

4187. When Sheriff justified in executing process.

4188. Officer to exhibit process.

4189. Sheriff to act as crier.

4190. Service on Sheriff, how made.

4191. Coroner to execute process when Sheriff is a party. 4192. Elisors to act in cases designated.

4193. Other duties.

SEC. 4175.

"Process," as used in this Articlé, includes all writs, warrants, summons, and orders of Courts of

justice or judicial officers. "Notice" includes all papers and orders (except process) required to be served in any proceeding before any Court, Board, or officer, or when required by law to be served independently of such proceeding.

SEC. 4176. The Sheriff must:

1. Preserve the peace;

2. Arrest and take before the nearest magistrate, for examination, all persons who attempt to commit or who have committed a public offense;

3. Prevent and suppress all affrays, breaches of the peace, riots, and insurrections which may come to his knowledge;

4. Attend all Courts, except Justices', Probate, and Police Courts, at their respective terms, held within his county, and obey their lawful orders and directions;

5. Command the aid of as many male inhabitants of his county as he may think necessary in the execution of these duties;

6. Take charge of and keep the County Jail and the prisoners therein;

7. Indorse upon all process and notices the year, month, day, hour, and minute of reception, and issue therefor to the person delivering it, on payment of fees, a certificate showing the names of the parties, title of paper, and time of reception;

8. Serve all process and notices in the manner prescribed by law;

9. Certify under his hand upon process or notices the manner and time of service, or, if he fails to make service, the reasons of his failure, and return the same without delay.

SEC. 4177. When process or notices are returnable to another county, he may inclose such process or notice in an envelop, addressed to the officer from whom the same emanated, and deposit it in the Post Office, prepaying postage.

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primary

SEC. 4178. The return of the Sheriff upon process or Return notices is primary evidence of the facts in such return evidence. stated.

non-return

etc.

SEC. 4179. If the Sheriff does not return a notice or Penalty for process in his possession with the necessary indorsement of process, thereon without delay, he is liable to the party aggrieved for the sum of two hundred dollars and for all damages sustained by him.

Liable for refusing

SEC. 4180. If the Sheriff to whom a writ of execution is delivered neglects or refuses, after being required by to levy.

Damages for refusing

money.

the creditor or his attorney, to levy upon or sell any property of the party charged in the writ which is liable to be levied upon and sold, he is liable to the creditor for the value of such property.

SEC. 4181. If he neglects or refuses to pay over on to pay over demand, to the person entitled thereto, any money which may come into his hands by virtue of his office (after deducting his legal fees), the amount thereof, with twenty-five per cent damages and interest at the rate of ten per cent per month from the time of demand, may be recovered by such person.

Liable for permitting an escape.

Liable for

a rescue.

No action for escape

or rescue after recapture.

Direction

to Sheriff

SEC. 4182. A Sheriff who suffers the escape of a person arrested in a civil action, without the consent or connivance of the party in whose behalf the arrest or imprisonment was made, is liable as follows:

1. When the arrest is upon an order to hold to bail or upon a surrender in exoneration of bail before judgment, he is liable to the plaintiff as bail.

2. When the arrest is on an execution or commitment to enforce the payment of money, he is liable for the amount expressed in the execution or commitment.

3. When the arrest is on an execution or commitment other than to enforce the payment of money, he is liable for the actual damages sustained.

4. Upon being sued for damages for an escape or rescue he may introduce evidence in mitigation and exculpation.

SEC. 4183. He is liable for a rescue of a person arrested in a civil action, equally as for an escape.

SEC. 4184. An action cannot be maintained against the Sheriff for a rescue, or for an escape of a person arrested upon an execution or commitment, if, after his rescue or escape and before the commencement of the action, the prisoner returns to the Jail, or is retaken by the Sheriff.

SEC. 4185. No direction or authority by a party or his must be in attorney to a Sheriff, in respect to the execution of process or return thereof, or to any act or omission relating thereto, is available to discharge or excuse the

writing.

1

Sheriff from a liability for neglect or misconduct, unless it is contained in a writing, signed by the attorney of the party, or by the party if he has no attorney.

SEC. 4186. When the Sheriff is committed under an execution or commitment, for not paying over money received by him by virtue of his office, and remains committed for sixty days, his office is vacant.

When office

of Sheriff

deemed

vacant.

Sheriff

executing

SEC. 4187. A Sheriff or other ministerial officer is justi- When fied in the execution of and must execute all process and justified in orders regular on their face and issued by competent process. authority, whatever may be the defect in the proceedings upon which they were issued.

SEC. 4188. The officer executing process must then and at all times subsequent, so long as he retains it, upon request show the same, with all papers attached, to any person interested therein.

exhibit

officer to proc 8.

act as crier.

SEC. 4189. The Sheriff in attendance upon Court must Sheriff to act as the crier thereof, call the parties and witnesses and all other persons bound to appear at the Court, and make proclamation of the opening and adjournment of the Court, and of any other matter under its direction.

SEC. 4190. Service of a paper, other than process, upon the Sheriff may be made by delivering it to him or to one of his deputies, or to a person in charge of the office during office hours, or if no such person is there, by leaving it in a conspicuous place in the office.

Service on

Sheriff,

how made.

execute

process when

SEC. 4191. When the Sheriff is a party to an action or Coroner to proceeding, the process and orders therein which it would otherwise be the duty of the Sheriff to execute must be Sheriff executed by the Coroner of the county.

SEC. 4192. Process and orders in an action or proceeding may be executed by a person residing in the county, designated by the Court, the Judge thereof, or a County Judge, and denominated an Elisor, in the following cases:

is a party.

Elisors to designated.

act in cases

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