the amount of fees for recording, and must record the same without delay, together with the acknowledgments, proofs, and certificates, written upon or annexed to the same, with the plats, surveys, schedule, and other papers thereto annexed, in the order in which the same were received for record, and must note at the foot of the record the exact time of its reception, and the name of the person at whose request it was recorded. History: Enacted March 18, 1907, Stats, and Amdts. 1907, p. 395. § 4138. TIME-BOOK, ETC. He must also indorse upon each instrument, 'paper, or notice the time when, the book, and pages in which it is recorded, and must thereafter deliver it to the party leaving the same for record, or upon his order. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 395. In effect immediately. § 4139. TO TAKE ACKNOWLEDGMENTS. It shall be the duty of the recorder, upon the payment or tender of the fees therefor, to take and certify the acknowledgment of all instruments authorized by law to be acknowledged. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 395. § 4140. PENALTY FOR NEGLECT OR MISCONDUCT. If any recorder to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by law be recorded, is delivered for record: 1. Neglects or refuses to record such instrument, paper, or notice within a reasonable time after receiving the same; 2. Records any instrument, paper, or notice, wilfully or negligently, untruly, or in any other manner than is hereinbefore directed; 3. Neglects or refuses to keep in his office such indexes as are required by this article, or to make the proper entries therein; or, 4. Alters, changes, or obliterates any records deposited in his office, or inserts any new matter therein, he is liable to the party aggrieved for three times the amount of the damages which may be occasioned thereby. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 395. § 4141. NOT TO RENDER SERVICE WITHOUT FEES. He shall not record any instrument, or file any paper or notice, or furnish any copy, or render any service connected with his office, until the fees for the same, as prescribed by law, are, if demanded, paid or tendered. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 395. § 4142. RECORDS OPEN TO INSPECTION. All books of record, maps, charts, surveys, and other papers on file in the recorder's office, must, during office hours, be open for inspection by any person, without charge; and the recorder must arrange the books of record and indexes in his office in such suitable places as to facilitate their inspection. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 395. § 4142a. WHEN CONTRACTS, PLANS AND SPECIFICATIONS MAY BE RETURNED OR DESTROYED. After the expiration of two years from the date of filing in the recorder's office of notice of completion of any building or improvement, the contract, plans and specifications under which the work or improvement was performed may be returned by the recorder to the person filing the same unless the recorder has been notified in writing to retain the same by some one claiming some interest under such contract or in the property affected thereby. If no such notice be given the recorder may, after the expiration of said two years, destroy such contract, plans and specifications. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 396. $4142b. RECORDING OF INSTRUMENT WHEN RECORDS LOST, INJURED OR DESTROYED BY CONFLAGRATION. 1. Whenever any record of any instrument has been, or shall hereafter be, lost, injured or destroyed by conflagration or other public calamity, the recorder of such county, or city and county is hereby authorized and directed to record any instrument of writing entitled to record under the provisions of article seven, chapter five, title two, part four, of this code, which instrument of writing had been previously recorded in his office. In recording the same, the recorder shall record a certificates attached thereto and all indorsements thereon, and if any of such certificates or indorsements show the previous recording of the same in the county, or city and county, where said instrument is presented for record, the date appearing in such certificate or instrument of such record shall be deemed and taken as the date of the recording thereof in said county or city and county, where said instrument is presented for record. Such record and certified copies thereof, duly certified by the recorder of any such county, or city and county, under his seal of office, may be introduced in evidence, with the same force and effect as the original record or certified copies of the original record. 2. [Same. When certified by recorder of another county.] Whenever any record of any instrument has been, or shall hereafter be, lost, injured or destroyed by conflagration or other public calamity, the recorder of such county, or city and county is hereby authorized and directed, when presented to him for record, to record any instrument of writing entitled to record under the provisions of article seven, chapter five, title two, part four, of this code, which said instrument of writing shall have been or shall be duly certified by the recorder of any other county, or city and county, of this state as being of record in his office. In recording the same, the recorder shall record all certificates attached thereto, or indorsements thereon, and if any of such certificates or indorsements show the previous recording of the same in the county, or city and county, where the said certified copy of the said instrument is presented for record, the date appearing in such certificate or indorsement of such record shall be deemed and taken as the date of the recording thereof in said county, or city and county recorder's office, where the said certified copy is so presented for record. Said record and certified copies of any such record. duly certified by the recorder of any such county, or city and county, under his seal of office, may be introduced in evidence with the same force and effect as the original record or certified copies of the original record. 3. [Fees.] Such county, or city and county recorder shall be entitled, for his services hereunder, to receive the same amount of fees as he is entitled to receive for the recording of instruments of like character. History: Enacted June 16, 1906, Stats. and Amdts. 1906, p. 75. In effect immediately. Re-enacted without reference to former act, March 18, 1907, Stats. and Amdts. 1907, p. 396. In effect immediately. OF § 4142c. DUTIES WITH REFERENCE ΤΟ REGISTRATION DEATHS, ISSUANCE AND REGISTRATION OF BURIAL AND DISINTERMENT PERMITS, AND THE ESTABLISHMENT OF REGISTRATION DISTRICTS. Each county recorder shall have the powers and shall perform the duties within the county of which he is the recorder, which are prescribed and required by the provisions of an act entitled, "An act for the registrations of deaths, the issuance and registration of burial and disinterment permits and the establishment of registration districts in counties, cities and counties, cities and incorporated towns, under the superintendence of the state bureau of vital statistics and prescribing the powers and duties of registrars, coroners, physicians, undertakers, sextons and other persons in relation to such registration and fixing penalties for violation of this act," approved March 18, 1905. He shall also have the powers, and shall perform the duties within the county of which he is such officer which are prescribed and required by the provisions of chapter three, title seven, of part three, of this code, relating to the registry of births, marriages and deaths. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 397. In effect immediately. $4143. DUTIES OF. The coroner must hold inquests as prescribed by chapter two, title twelve, part two, of the Penal Code. The coroner, or other officer holding the inquest upon the body of a deceased person, may subpœna a chemist to make an analysis of the contents of the stomach or of the tissues of the body, or a physician or surgeon to inspect the body, or hold a post mortem examination of the deceased, and give a professional opinion as to the cause of death, and shall cause the testimony given by any witness to be reduced to writing, under his direction, and may, upon the written order of the district attorney, employ a clerk or stenographer for such purpose, at the same compensation allowed to stenographers in the superior court of the county; and when such testimony is taken down by a stenographer, his transcription thereof, duly certified to, shall constitute the deposition of such witness. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 397. § 4144. MUST CAUSE BODIES TO BE BURIED. 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 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. History: Former section repealed and present enacted March 18, 1907, Stats. and Amdts. 1907, p. 397. In effect immediately. § 4145. MUST KEEP OFFICIAL REGISTER. It shall be the duty of the coroner of each county to keep an official register, to be labeled "coroner's register," in which he shall enter the date of holding all inquests, the name of the deceased, when known, and when not, such description of the deceased as may be sufficient for identification; property found on the person of deceased, if any; what disposition was made of the same by the coroner; the cause of death, when known, and such other information as may pertain to the identity of the deceased. History: Former section repealed and present enacted March 19, 1907, $4146. DUTIES AS TO PROPERTY OF DECEASED PERSONS. The coroner must, within thirty days after an inquest upon a dead body, deliver to the treasurer, or the legal representatives of the deceased, any money or other property found upon the body, and at the same time file an affidavit with the treasurer, showing: 1. The amount of money or other property belonging to the estate of the deceased person which has come into his possession since his last statement. 2. The disposition made of such property. 3. If the coroner, or any justice of the peace acting as coroner, fail 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 mean time by the public administrator, or other legal representative of the decedent, as required by this section, the district attorney must proceed against the coroner, or justice of the peace acting as coroner, to recover the same, by civil action, in the name of the county. History: Former section repealed and present enacted March 18, 1907, § 4147. JUSTICE OF THE PEACE TO ACT AS CORONER, WHEN. If the office of coroner is vacant, or he is absent, or unable to attend, the duties of his office may be discharged by any justice of the peace of the county, with the like authority, and subject to the same obligations and penalties as the coroner. History: Former section repealed and present enacted March 18, 1907, $4148. CORONER TO ACT AS SHERIFF, WHEN. In the cases specified in section forty-one hundred and seventy-two, the coroner must discharge the duties of sheriff. History: Former section repealed and present enacted March 18, 1907, ARTICLE IX. THE LIVE-STOCK INSPECTOR. § 4149. Appointed by supervisors, when. § 4149a. Duties of. § 4149. APPOINTED BY SUPERVISORS, WHEN. SUPERVISORS, WHEN. The live-stock inspector shall be appointed by the board of supervisors whenever in the discretion of such board the interest of the public welfare demands the services of such an officer, and such officer shall hold his office at the pleasure of the appointing power. He shall receive a salary in the sum of one hundred and twenty-five dollars per month, which salary shall be paid at the same time and in the same manner and out of the same funds that other county officers are paid. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 398. $4149a. DUTIES OF. It shall be the duty of the live-stock inspector. acting under the supervision of the state veterinarian, to enforce all laws of the state of California, and all orders and ordinances of the board of supervisors of his county pertaining to the health and sanitary surroundings of all live stock in his county, and for that purpose he is hereby authorized and empowered, by and with the approval of the board of supervisors, to establish, maintain, and enforce such quarantine, sanitary and other regulations as he may deem proper and necessary. He shall give to the duties of his office such time and attention as may be necessary to secure the general protection and advancement of all matters pertaining to the health and sanitary condition of the domestic live stock of his county. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 398. In effect immediately. ARTICLE X. FISH AND GAME WARDEN. § 4149b. Appointment, removal, and bond. § 4149c. Duties of. § 41494. Salary. $ 4149b. APPOINTMENT, REMOVAL, AND BOND. The board of supervisors of each county may, in the discretion of the board, at the first meeting thereof held in January, nineteen hundred and nine, and in January every two years thereafter, appoint a suitable person to serve for the period of two years from the date of his appointment as fish and game warden of the county. Such fish and game warden may be removed by the board of supervisors for intemperance, neglect of duty, or other good and sufficient reasons. Said fish and game warden shall, before entering upon the discharge of his duties, execute a bond with sureties in such sum as may be required by the board of supervisors, for the faithful and proper discharge of his duties as such fish and game warden. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 399. |