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Not to render service without fees.
SEC. 130. He shall not record anyinstrument, or file any paper or notice, or furnish any copy, or render any service connected with his office, until his fees for the same, as prescribed by law, are, if demanded, paid or tendered.
Section 4245, Political Code, and section 134 of former county government acts
The former acts read: “He is not bound to record,” etc. Records must be kept open.
SEC. 131. All books of record, maps, charts, surveys, and other papers on file in the recorder's ottice, must, during office hours, be open for inspection by any person, without charge; and the recorder must arrange the books of record and indices in his office in such suitable places as to facilitate their inspection.
Section 4246, Politital Code, and section 135 of former county government acts.
DISTRICT ATTORNEY. SEC. 132. 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 the magistrates for the arrest of persons charged with or reasonable 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 attond 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.
Section 4256, Political Code, and section 136 of former county government acts. The Political Code in paragraph 2, did not contain the words: “or in civil cases on behalf of the people.” “And informations,” paragraph 3, was not in the Political Code section. The code did not contain the words “in his county," but read: "defend all suits brought against his county." See note infra "paragraph 3." Subdivision 4 in the code section required an accounting on first Mondays in January, April, July and October, instead of monthly. The code section, and also the section of county government acts prior to 1893, contained a seventh paragraph requiring the district attorney to keep a register of his official business, and an eighth paragraph requiring that he perform such other duties as may be required of him by law.
By new section, 4259, Political Code, (Stats. 1891, p. 287], it was provided that no person
shall "hold” the office of district attorney who has not been admitted to practice by the superior court; and by section 54 of the present act it is provided that "no person shall hereafter be eligible” to that office who has not been admitted to practice in the supreme court of this state.
Must turn over unfinished business to successor. Cole v. McKune, 19 Cal. 424.
Prosecuting attorneys should do their duty faithfully, but no more. They should never act as employed counsel, nor take advantage of temporary public excitement against a prisoner, or of any prejudice against him arising from any cause whatever. People v. Butler, 8 Cal. 436. Should avoid interposing merely technical objections. People v. Benson, 52 Cal. 380. It is the duty of the district attorney to see that the accused has a fair and impartial trial, and that no conviction shall be had except upon competent and legitimate evidence. The desire of every lawyer to win his case should be overcome by the conscientious desire of a sworn officer of the court to do his duty, and not go beyond it. People v. Lee Chuck, 78 Cal. 329, and cases there cited. See also where judgment is reversed for conduct of prosecuting attorney and judge. People v. Bowers, 79 Cal. 416.
The court may in its discretion allow private counsel to assist the district attorney with his consent, in the prosecution of a criminal case. People v. Powell, 87 Cal. 365.
But supervisors have no power to employ
or pay extra counsel to assist in the prosecution of criminal cases. Such prosecutions are not"county business.” Modoc County v. Spencer, 103 Cal. 498.
PARAGRAPH 3: As already noted above the words "in his county” were not formerly in the statute. Their insertion is in harmony with the decision in Herrington v. Santa Clara County, 44 Cal. 496, and in which it is also held that the supervisors have a right to decline the services of the district attorney of their own county in a civil case in which the county is interested, but which is pending in another county.
A contract by which the board of supervisors of a county employ the district attorney of the county to attend to the interests of the county in a suit which is to be tried in another county after the expiration of his term of office, does not increase his salary as district attorney; and if entered into in good faith, such contract is not void. Jones v. Morgan, 67 Cal. 309, and see cases cited in respondent's brief in this case.
In paragraph 7 of section 159 of present act, (counties of second class) it is provided that "nothing herein contained shall be construed to prevent the board of supervisors in said counties of this class from employing special coinsel when, in the judgment of said board, the interests of said county require it.” It is believed that this would apply only to busine-s of a civil nature.
But while the words “in his county” were
omitted from the statute, it was held in Buck V. City of Eureka, 109 Cal. 519, 520, that a city attorney, or district attorney, was bound to perform all services connected with his office for the salary affixed thereto, no matter in what jurisdiction the services were dered, and that the decision in the Herrington case upon that point should no longer be maintained.
A justice of the peace is not bound to dismiss a criminal prosecution on the motion or order of the district attorney. People v. Ward, 85 Cal. 586.
See duties of district attorney as to selling liquors near soldiers' home. [Stats. 1895, p. 161.]
And as to prosecution of public administrators for neglect of duties, section 1744, Code Civil Procedure as amended. [Stats. 1895, p. 38.] Legal adviser of the board.
SEC. 133. The district attorney is the legal ad viser 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.
Section 4257, Political Code, and section 137 of former county government acts. Must not favor claims.
SEC. 131. 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.