person delivering it, on payment of fees, a certificate showing the names of the parties, title of paper, and time of reception;

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.

another

SEC. 94. When process or notices are returnable to another Process from county, he may inclose such process or notice in an envelope, county. addressed to the officer from whom the same emanated, and deposit it in the Post Office, prepaying postage.

SEC. 95. The return of the Sheriff upon process or notices Return of is prima facie evidence of the facts in such return stated.

Sheriff.

not return

SEC. 96. If a Sheriff does not return a process or notice in Penalty for his possession with the necessary indorsement thereon with- ing process. out delay, he is liable to the party aggrieved for the sum of two hundred dollars, and for all damages sustained by him.

neglecting

SEC. 97. If the Sheriff to whom a writ of execution is Penalty for delivered neglects or refuses, after being required by the to levy creditor or his attorney, to levy upon or sell any property of execution. 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.

neglecting

SEC. 98. If he neglects or refuses to pay over on demand Penalty for to the person entitled thereto any money which may come to pay over into his hands by virtue of his office (after deducting all money. 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.

escape of

SEC. 99. A Sheriff who suffers the escape of a person Penalty for arrested in a civil action, without the consent or connivance prisoner. 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.

civil action.

SEC. 100. He is liable for the rescue of a person arrested Rescue in in a civil action, equally as for an escape.

prisoner

SEC. 101. An action cannot be maintained against the Return of Sheriff for a rescue, or for an escape of a person arrested before action upon an execution or commitment, if, after his rescue or commenced. escape, and before the commencement of the action, the prisoner returns to the jail, or is retaken by the Sheriff.

direction to

SEC. 102. No direction or authority by a party or his attor- Effect of ney to a Sheriff, in respect to the execution of process or sheriff. return thereof, or to any act or omission relating thereto, is

Office, when

vacant.

Must execute process.

Must

exhibit papers.

Attendance

upon Court.

Service, how made.

When

Sheriff is a party, Coroner must

execute.

"Elisors," when

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.

SEC. 103. 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.

SEC. 104. 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.

SEC. 105. 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.

SEC. 106. The Sheriff in attendance upon Court must 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. 107. 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 be there, by leaving it in a conspicuous place in the office. When any process remains with the Sheriff unexecuted, in whole or in part, at the time of his death, resignation of office, or at the expiration of his term of office, said process shall be executed by his successor or successors in office; and when the Sheriff sells real estate under and by virtue of an execution or order of Court, he, or his successors in office, shall execute and deliver to the purchaser, or purchasers, all such deeds and conveyances as are required by law and necessary for the purpose, and such deeds and conveyances shall be as valid in law as if they had been executed by the Sheriff who made the sale.

SEC. 108. When the Sheriff is a party to an action or proceeding, the process and orders therein, which it would otherwise be the duty of the Sheriff to execute, must be executed by the Coroner of the county; provided, when any action is begun against the Sheriff, all process and orders may be served by any person a citizen of the United States over the age of eighteen years, in the manner provided in the Code of Civil Procedure.

SEC. 109. Process or orders in an action or proceeding may designated. be executed by a person residing in the county, designated by the Court or the Judge thereof, and denominated an Elisor, in the following cases:

1. When the Sheriff and Coroner are both parties;

2. When either of these officers is a party, and the process is against the other; and,

3. When either of these officers is a party, and there is a vacancy in the office of the other, or when it appears by affidavit to the satisfaction of the Court in which the pro

ceeding is pending, or the Judge thereof, that both of these officers are disqualified, or by reason of any bias, prejudice, or other cause, would not act promptly or impartially.

When process is delivered to an Elisor, he must execute and return it in the same manner as the Sheriff is required to execute similar process. Whenever process is executed, or any act performed by a Coroner or Elisor, in the cases provided by law in that behalf, such Coroner or Elisor shall be entitled to receive a reasonable compensation, to be fixed by the Court, to be paid by the plaintiff in case of the summoning of jurors to complete the panel, and by the person or party requiring the service in all other cases in private action. If rendered at the instance of the people, it shall be audited and paid as a county charge.

SEC. 110. The Sheriff must perform such other duties as Other duties. are required of him by law.

COUNTY CLERK.

SEC. 111. The County Clerk must:

Duties of

1. Take charge of and safely keep or dispose of, according County to law, all books, papers, and records which may be filed or Clerk. deposited in his office.

2. Act as Clerk of the Board of Supervisors, and as Clerk of the Superior Court, and attend each session thereof, and upon the Judge at chambers, when required.

3. Issue all process and notices required to be issued; enter a synopsis of all orders, judgments, and decrees proper to be entered, unless the Court shall order them to be entered at length; keep in the Superior Court a docket, in which must be entered the title of each cause, with the date of its commencement; a memorandum of every subsequent proceeding therein, with date thereof, and a list of all the fees charged.

4. Keep for the Superior Court an index of all suits, labeled "General Index-Plaintiffs," each page of which must be divided into seven columns, under their respective heads, alphabetically arranged, as follows: "Number of Suit," "Plaintiffs," "Defendants," "Date of Judgment," "Number of Judgment," "Page of Entry of Judgment in Judgment Book," "Page of Minute Book;" also an index labeled "General Index-Defendants," each page of which must be divided into seven columns, under their respective heads, alphabetically arranged, as follows: "Number of Suit," "Defendants," "Plaintiffs," "Date of Judgment," "Number of Judgment," "Page of Entry of Judgment in Judgment Book," "Page in Order Book;" keep an index of the names of persons naturalized.

SEC. 112. He must keep such other records, and perform other duties. such other duties, as are prescribed by law.

COUNTY AUDITOR.

must draw

SEC. 113. The Auditor must draw warrants on the County Auditor, Treasurer in favor of all persons entitled thereto in payment warrants. of all claims and demands chargeable against the county

Warrants must specify liability.

Must settle accounts.

Keep

accounts with Treasurer.

Warrants must be

which have been legally examined, allowed, and ordered paid by the Board of Supervisors; provided, however, that the Auditor must not draw a warrant on the County Treasurer in favor of any person until said Auditor shall have received from the Clerk of the Board of Supervisors the certified list mentioned in subdivision four, section twenty, of this Act. The Auditor must also draw his warrants on the county treasury for all debts and demands against the county when the amounts are fixed by law, and which are not directed to be audited by some other person or tribunal.

SEC. 114. All warrants must distinctly specify the liability for which they are drawn, and when it accrued.

SEC. 115. The Auditor must examine and settle the accounts of all persons indebted to the county, or holding moneys payable into the county treasury, and must certify the amount to the Treasurer, and upon the presentation and filing of the Treasurer's receipt therefor, give to such persons a discharge, and charge the Treasurer with the amount received by him.

SEC. 116. The Auditor must keep accounts current with the Treasurer, and when any person deposits with the Auditor any receipt given by the Treasurer for any money paid into the treasury, the Auditor must file such receipt, and charge the Treasurer with the amount thereof.

SEC. 117. All warrants issued by the Auditor during each numbered. year commencing with the first Monday after the first day of January, must be numbered consecutively, and the number, date, and amount of each, and the name of the person to whom payable, and the purpose for which drawn, must be stated thereon, and they must, at the time they are issued, be registered by him, and after such warrants have remained uncalled for for two years they shall be canceled.

Examine

books of

SEC. 118. The Auditor must, between the first and tenth. Treasurer. day of each month, examine the books of the Treasurer, and see that the same have been correctly kept.

Counting of

money.

Filing and posting

SEC. 119. The Chairman of the Board of Supervisors, District Attorney, and Auditor must, at least once in each month, count the money in the county treasury, and make and verify, in duplicate, statements showing:

1. The amount of money that ought to be in the treasury. 2. The amount and kind of money actually therein.

SEC. 120. They must file one of the statements in the statements. office of the County Clerk, and the Auditor must post and maintain the other in his office for at least one month thereafter.

Joint statement, when and how

made.

SEC. 121. The Auditor and Treasurer of each county must, on the first Monday in February, May, August, and November, and at such other times as the Board of Supervisors may require, make a joint statement to the Board of Supervisors, showing the whole amount of collections (stating particularly the source of each portion of the revenue) from all sources paid into the county treasury; the funds among which the same was distributed, and the amount to each; the total amount of warrants drawn and paid, and on what fund; the total amount of warrants drawn and

unpaid, and accounts or claims audited or allowed and unpaid, and the fund out of which they are to be paid; and generally make a full and specific showing of the financial condition of the county.

SEC. 122. The Auditor must discharge such other duties Other duties. as are required by law.

COUNTY RECORDER.

must pro

cure and

SEC. 123. The Recorder must procure such books for Recorder records as the business of his office requires, but orders for the same must first be obtained from the Board of Super- keep books. visors. He has the custody of and must keep all books, records, maps, and papers deposited in his office.

Recorder.

SEC. 124. He must, upon the payment of his fees for the Duty of same, record separately, in large and well bound separate books, in a fair hand:

1. Deeds, grants, transfers, and mortgages of real estate, releases of mortgages, powers of attorney to convey real estate, and leases which have been acknowledged or proved; 2. Mortgages of personal property;

3. Certificates of marriage, and marriage contracts;

4. Wills admitted to probate;

5. Official bonds;

6. Notices of mechanics' lien;

7. Transcripts of judgments which by law are made liens upon real estate:

8. Notices of attachments upon real estate;

9. Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof;

10. Instruments describing or relating to the separate property of married women;

11. Births and deaths; and,

12. Such other writings as are required or permitted by law to be recorded.

Books to be

SEC. 125. Every Recorder must keep: 1. An index of deeds, grants, and transfers, labeled kept. "Grantors," each page divided into four columns, headed respectively: "Names of Grantors," "Names of Grantees,' "Date of Deeds, Grants, or Transfers," and "Where Recorded."

2. An index of deeds, labeled "Grantees," each page divided into four columns, headed respectively: "Names of Grantees," "Names of Grantors," "Date of Deeds, Grants, or Transfers," and "Where Recorded."

3. Two indexes of mortgages, labeled respectively: "Mortgagors of Real Property," "Mortgagors of Personal Property, with the pages thereof divided into five columns, headed respectively: "Names of Mortgagors," " "Names of Mortgagees," "Date of Mortgages," "Where Recorded," "When Discharged."

4. Two indexes of mortgages, labeled respectively: "Mortgagees of Real Property," "Mortgagees of Personal Property," with the pages thereof divided into five columns, headed respectively: "Names of Mortgagees," "Names of Mort