§ 4156. MUST ABATE PUBLIC NUISANCES, WHEN. The district attorney may, and when directed by the board of supervisors must, bring a civil action in the name of the people of the state of California, to abate a public nuisance in his county. History: Original section enacted March 12, 1872; former section repealed and present enacted March 18, 1907, Stats. and Amdts. 1907, p. 401, Kerr's Stats. and Amdts. 1906-7, p. 237. In effect immediately. A codification of § 1 Stats. and Amdts. 1899, p. 103 (Hen. G. L., p. 369). Former statute.-147 C. 379, 380, 81 P. 1103 (citing Stats. 1899, p. 103, authorizing district attorney to abate public nuisances); 150 C. 195, 197, 88 P. 899 (citing Stats. 1899, p. 103); and see Hen. G. L., p. 369, Stats, and Amdts. 1899, p. 103. Present section.-103 P. 199, 201 (scope of codifying act of 1907). § 4156a. OTHER DUTIES. The district attorney must perform such other duties as are required by law. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 401, Kerr's Stats. and Amdts. 1906-7, p. 237. In effect immediately. Present section.-103 P. 199, 201 (scope of codifying act of 1907). ARTICLE IV. THE SHERIFF. Process and notices [to another county, return]. Liability of. Neglect, or refusal to execute writ, penalty of [for]. Same. [Rescue in civil actions.] $ 4158. $ 4159. $ 4160. § 4161. § 4162. § 4163. § 4164. § 4165. When not liable. § 4166. § 4167. When office of vacant. Authority to execute a process, must be in writing. § 4174. Other duties of. § 4175. § 4176. Compensation of sheriffs, for transporting prisoners. sons. § 4157. DUTIES OF. 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 any affrays, breaches of the peace, riots, and insurrections which may come to his knowledge. 4. Attend all superior courts held within his county, and obey all lawful orders and directions of all courts held within his county. 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. Release on the record all attachments of real property, when the attachment placed in his hands has been released or discharged. 8. 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 when received. 9. Serve all process and notices in the manner prescribed by law. 10. Certify, under his hand, upon process or notices, the manner and time of service, or if he fails to make service, the reason of his failure, and return the same without delay. History: Original section enacted March 12, 1872; former section repealed and present enacted March 19, 1907, Stats. and Amdts. 1907, p. 401, Kerr's Stats. and Amdts. 1906-7, p. 237. In effect immediately. A codification of § 89 County Government Act (Hen. G. L., p. 215). Former section 4176.-59 C. 490, 493 (applied); 65 C. 187, 190, 3 P. 628, 630 (construed); 77 C. 45, 47, 18 P. 869, 870 (referred to): 92 C. 239, 247, 28 P. 341, 343 (construed); 97 C. 241, 242, 32 P. 8 (construed); 110 C. 27, 31, 42 P. 425 (construed); 1 C. A. 733, 737, 82 P. 1116 (cited); 8 C. A. 750, 752, 97 P. 903 (subds. 1, 2, and 3 construed with respect to constables); 39 F. 833, 859 (construed-United States marshal as a "peace-officer'); 135 U. S. 1, 68, 34 L. ed. 55, 73 (applied-United States marshal is authorized to keep the peace with reference to laws of United States-to protect a federal judge from assault and murder). Former statute.-Hen. G. L., p. 215, § 89. Present section.-103 P. 199, 201 (scope of codifying act of 1907). As to abolition of old system of courts, see Const. 1879, art. XXII, § 3, Hen. G. L., p. cvi. As to abolition of terms of court, see Const. 1879, art. VI, § 6, Hen. G. L., p. lxxxii. As to constable being governed by the same rules, see post § 4188; Kerr's Cyc. Pol. C. § 4315. As to duty of coroner to execute process when sheriff is a party, see post § 4172; Kerr's Cyc. Pol. C. § 4191 and note. As to other duties of sheriff, see post § 4174; Kerr's Cyc. Pol. C. 4193 and note. As to penalty for sheriff refusing to receive or arrest person charged with criminal offense, see Kerr's Cyc. Pen. C. § 142 and note. As to return of process or notice, see post §§ 4158, 4160; Kerr's Cyc. Pol. C. §§ 4177, 4179 and note. As to service of summons, see Kerr's Cyc. C. C. P. § 410 et seq. and notes. As to sheriff attending upon court and providing for courtrooms, see Kerr's Cyc. C. C. P. § 144 and note. As to sheriff being ex officio tax-collector, see ante § 4017, Kerr's Cyc. Pol. C. §§ 4105, 4106, and notes. As to sheriff being peace officer, see Kerr's Cyc. Pen. C. § 817 and note. As to what "process" and "notice" include, see post § 4319; Kerr's Cyc. Pol. C. § 4175 and note. As to when elisor shall act as sheriff, see post § 4173; Kerr's Cyc. Pol. C. § 4192 and note. § 4158. PROCESS AND NOTICES [TO ANOTHER COUNTY, RETURN]. When process or notices are returnable to another county, he may inclose such process or notice in an envelope, addressed to the officer from whom the same emanated, and deposit it in the post-office, prepaying postage. History: Original section enacted March 12, 1872; former section repealed and present enacted March 18, 1907, Stats, and Amdts. 1907, p. 402, Kerr's Stats. and Amdts. 1906-7, p. 238. In effect immediately. A codification of § 90 County Government Act (Hen. G. L., p. 216). Former section 4177.-92 C. 239, 247, 28 P. 341, 343 (cited). Former statute.-Hen. G. L., p. 216, § 90. Present section.-103 P. 199, 201 (scope of codifying act of 1907). § 4159. RETURN OF, ON PROCESS [PRIMA FACIE EVIDENCE]. The return of the sheriff upon process or notices is prima facie evidence of the facts in such return stated. History: Original section enacted March 12, 1872; former section repealed and present enacted March 18, 1907, Stats. and Amdts. 1907, p. 402, Kerr's Stats, and Amdts. 1906-7, p. 238. In effect immediately. A codification of § 91 County Government Act (Hen. G. L, p. 216). See Kerr's Cyc. Pol. C. for 11 pars. annotation. Former section 4178.-72 C. 498, 505, 1 A. S. 75, 14 P. 190, 194 (cited); 79 C. 556, 559, 21 P. 971, 972 (cited); 92 C. 239, 247, 28 P. 341, 343 (cited); 128 C. 330, 332, 60 P. 854 (construed); 134 C. 673, 675, 66 P. 963 (erroneously referred to as § 4148); 100 P. 239, 240 (cited). Former statute.-Hen. G. L., p. 216, § 91. Present section.-103 P. 199, 201 (scope of codifying act of 1907). As to definition of prima facie evidence, see Kerr's Cyc. C. C. P. 1833 and note; also 6 W. & P. 5549. § 4160. LIABILITY OF. If a sheriff does not return a process or notice in his possession, with the necessary indorsement thereon, without delay, he is liable to the party aggrieved for the sum of two hundred dollars, and for all damages sustained by him. History: Original section enacted March 12, 1872; former section repealed and present enacted March 18, 1907, Stats. and Amdts. 1907, p. 402, Kerr's Stats. and Amdts. 1906-7, p. 238. In effect immediately. A codification of § 92 County Government Act (Hen. G. L., p. 216). See Kerr's Cyc. Pol. C. for 3 pars. annotation. Former section 4179.-52 C. 493, 495 (construed); 79 C. 250, 256, 21 P. 755, 756 (construed); 92 C. 239, 247, 28 P. 341, 343 (cited); 144 C. 5, 8, 77 P. 706 (construed). Former statute.-144 C. 5, 8, 77 P. 706 (citing Co. Gov. Act of 1897, § 92, Stats. and Amdts. 1897, p. 480, concerning penalty for non-return of process, and showing that § 4179 Pol. C. was superseded by § 92 of said act); and see Hen. G. L., p. 216, § 92. Present section.-103 P. 199, 201 (scope of codifying act of 1907). As to civil penalty for misconduct in office attaching to official bond, see post § 4317; Kerr's Cyc. Pol. C. § 4117. As to damages for refusing to pay over money, see post § 4162; Kerr's Cyc. Pol. C. § 4181 and note. As to liability for refusing to levy or sell, see post § 4161; Kerr's Cyc. Pol. C. § 4180 and note. § 4161. NEGLECT, OR REFUSAL TO EXECUTE WRIT, PENALTY OF [FOR]. If the sheriff to whom a writ of execution is delivered neglects or refuses, after being required by the creditor or his attorney, the fees having first been paid or tendered, to levy upon or sell any property of the party |