§ 4149c. DUTIES OF. Said fish and game warden shall enforce the state laws, and all county and municipal ordinances relating to the protection of fish and game, and he shall be vested with all the powers of a peace officer to make arrests for the violation of such laws and ordinances. He shall report quarterly to the board of supervisors, giving a detailed statement of all arrests made, convictions had and fines collected, and a general statement in regard to the management of his office. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 399. § 4149d. SALARY. The salary and compensation of the fish and game warden shall be as follows: For counties of the second class, one hundred and twenty-five dollars per month; for counties of the first and third classes, one hundred dollars per month; for counties of the fourth, fifth and sixth classes, the sum of seventy-five dollars per month; for counties of the seventh, eighth, ninth and tenth classes, the sum of sixty dollars per month; and for all other classes from the eleventh to the fifty-seventh, inclusive, the sum of fifty dollars per month. In addition thereto said warden shall be allowed a sum not to exceed twenty-five dollars per month for expenses incurred by him in the performance of his duties. Said salary and expenses incurred must be paid monthly from the county treasury. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 399. § 4150. DUTIES OF JUDGE OF SUPERIOR COURT. Each judge of the superior court must: Perform such duties as are prescribed by the laws of the state and in this title. History: Former section repealed and present enacted March 18, 1907, § 4151. SAME. WHEN GRAND JURY IS IN SESSION. It shall be the duty of the judge of the superior court of each and every county whenever a grand jury is impaneled, in addition to other matters requiring action, to call their attention to the provisions of chapter one of this title, and to instruct them to ascertain by a careful and diligent investigation whether the provisions thereof have been complied with, and to note the result of such investigation in their report. History: Former section repealed and present enacted March 18, 1907, ARTICLE II. THE CLERK OF THE SUPERIOR COURT. § 4152. Duties of. § 4152. DUTIES OF. The county clerk is an ex officio clerk of the superior court, and shall perform the duties required of him by law, and such as may be prescribed by this title. History: Former section repealed and present enacted March 18, 1907, § 4153. Duties of. ARTICLE III. THE DISTRICT ATTORNEY. § 4154. Legal adviser of the board of supervisors. § 4155. Must not favor claims. § 4156. Must abate public nuisances, when. § 4156a. Other duties. § 4153. DUTIES OF. The district attorney is the public prosecutor, and must: 1. Attend the courts, and conduct, on behalf of the people, all prosecutions for public offenses. 2. Institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses, when he has information. that any such offenses have been committed; and for that purpose, when not engaged in criminal proceedings in the superior court, or in civil cases on behalf of the people, must attend upon the magistrates in cases of arrest, when required by them, and attend before and give advice to the grand jury, whenever cases are presented to them for their consideration. 3. Draw all indictments and informations, defend all suits brought in his county against the state or his county wherever brought, prosecute all recognizances forfeited in the courts of record, and all actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or his county. 4. Deliver receipts for money or property received in his official capacity, and file duplicates thereof with the county treasurer. 5. On the first Monday of each month file with the auditor an account, verified by his oath, of all moneys received by him in his official capacity during the preceding month, and at the same time pay them over to the county treasurer. 6. Give, when required, and without fee, his opinion in writing, to county, district, and township officers, on matters relating to the duties of their respective offices. History: Former section repealed and present enacted March 18, 1907, § 4154. LEGAL ADVISER OF THE BOARD OF SUPERVISORS. The district attorney is the legal adviser of the board of supervisors. He must attend their meetings, when required, and must attend and oppose all claims and accounts against the county, when he deems them unjust and illegal. History: Former section repealed and present enacted March 18, 1907, Stats. and Amdts. 1907, p. 401. In effect immediately. § 4155. MUST NOT FAVOR CLAIMS. The district attorney, except for his own services, must not present any claim, account, or demand for allowance against the county, nor in any way advocate the relief asked on any claim or demand made by another. History: Former section repealed and present enacted March 18, 1907, § 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: Former section repealed and present enacted March 18, 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. 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: Former section repealed and present enacted March 19, 1907, § 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: Former section repealed and present enacted March 18, 1907, Stats. and Amdts. 1907, p. 402. In effect immediately. § 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: Former section repealed and present enacted March 18, 1907, Note: See KERR'S CYC. C. C. P., p. 529 pars. 16-23. § 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: Former section repealed and present enacted March 18, 1907, § 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 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. History: Former section repealed and present enacted March 18, 1907, $ 4162. NEGLECT OR REFUSAL TO PAY OVER MONEY, PENALTY OF [FOR]. If he neglects or refuses to pay over, on demand, to the person entitled thereto, any money which may come into his hands by virtue of his office (after deducting all legal fees), the amount thereof, with twentyfive 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. History: Former section repealed and present enacted March 18, 1907, $4163. LIABLE FOR ESCAPE OF PRISONERS. 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 is 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. History: Former section repealed and present enacted March 18, 1907, § 4164. SAME. [RESCUE IN CIVIL ACTION.] He is liable for the rescue of a person arrested in a civil action, equally as for an escape. History: Former section repealed and present enacted March 18, 1907, Stats. and Amdts. 1907, p. 403. In effect immediately. § 4165. WHEN NOT LIABLE. 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. History: Former section repealed and present enacted March 18, 1907, $4166. AUTHORITY TO EXECUTE A PROCESS, MUST BE IN WRITING. No direction or authority by a party or his 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 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. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 403. In effect immediately. $4167. WHEN OFFICE OF VACANT. 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. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 403. § 4168. MUST EXECUTE ORDER. A sheriff or other ministerial officer is justified in the execution of, and must execute, all process and orders. regular on their face and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued. History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 403. |