156; Marin, to countersign bonds for erection of Court House and Jail, p. 27; Mariposa, to pay certain moneys into General Fund, p. 899; Mendocino, to countersign bonds for erection of county buildings, p. 24; Plumas, Bond Commissioner, to be, p. 770; Sacramento, Samuel Cross, to pay claim of, p. 893; Sacramento, duties under Act for further reclamation of Swamp Land Districts Fifty and Fifty-four, pp. 881-885; San Bernardino, salary of, p. 495; San Diego, duties of, pp. 196, 197; San Francisco, funded debt, duty in relation to, p. 909; San Francisco, J. M. Kane, to pay claim of, p. 118; San Francisco, Montgomery Avenue, duties concerning opening of, pp. 911-924; San Francisco, relative to duties of, in open canal through Channel street and Mission Creek, pp. 926-939; San Francisco, Revenue Fund Commissioner, to be, p. 773; San Joaquin, J. G. Jenkins, to pay claim of, p. 859; San Joaquin, salary and fees of, p. 874; San Joaquin, Swamp Land District Seventeen, duties in relation to, pp. 906-908; San Joaquin, transfer from certain funds to General School Fund, p. 361; San Luis Obispo, to keep account of certain moneys, p. 91; Santa Barbara, bonds, county, duties regarding, pp. 56–58; Santa Barbara, bonds, school, relative to, p. 123; Santa Barbara, to keep account of certain moneys, p. 91; Santa Clara, bonded indebtedness of, duty in relation to refunding of, pp. 896-899; Siskiyou, Indian Fund, transfer of to School Fund, p. 418; Siskiyou, Relief Fund, to pay warrants drawn on, p. 32; Siskiyou, School Funds, transfer of, p. 81; Stanislaus, Court House and Jail, duties concerning bonds issued for erection of, pp. 40-43; Stanislaus, salary of, p. 183; Sutter, Samuel Cross, to pay claim of, p. 893; Sutter, Swamp Land Fund, to transfer to Court House Fund, pp. 320, 321; Ventura, bond of, p. 488; Ventura, salary of, p. 489; Yolo, Samuel Cross, to pay claim of, p. 893; duties of concerning assessment of animals, p. 754; to give notice of payments due for reclamation purposes, p. 840; fees for collection of assessments for reclamation purposes, p. 841; to pay into State Treasury money received on swamp lands in certain districts, p. 873. ARTICLE IV. SHERIFF. SECTION 4175. "Process" and "notice" defined. 4176. Duties of Sheriff. 4175. 4177. Service and execution of process. 4178. Return primary evidence. 4179. Penalty for non-return of process, etc. 4180. Liable for refusing to levy. 4181. Damages for refusing to pay over money. 4182. Liable for permitting an escape. 4183. Liable for a rescue. 4184. No action for escape or rescue after recapture. 4185. Direction to Sheriff must be in writing. 4186. When office of Sheriff deemed vacant. 4187. When Sheriff justified in executing process. 4189. Sheriff to act as crier. 4190. Service on Sheriff, how made. 4191. Coroner to execute process when Sheriff is a party. 4193. Other duties. and defined. "Process," as used in this Article, includes "Process" all writs, warrants, summons, and orders of Courts of justice or judicial officers, "Notice" includes all papers and orders (except process) required to be served in any proceeding before any Court, Board, or officer, or when required by law to be served independently of such proceeding. 4176. NOTE.-See note to Sec. 220, ante, and note to Sec. 4187, post; also, Secs. 920-926, ante, and notes, and Secs. 1014-1016, ante, as to delivery of office books, etc., to successor. See duties of as "Tax Collector," Title IX, ante; "Revenue" and "Licenses," Secs. 3356-3364, 3376-3387, ante, and notes. Sheriff, as Tax Collector, to give bond for each office.-People vs. Ross, 38 Cal., p. 76. 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; Duties of Same. Service and 3. Prevent and suppress all affrays, breaches of the peace, riots, and insurrections which may come to his knowledge; 4. Attend all Courts, except Justices', Probate, and Police Courts, at their respective terms, held within his county, and obey their lawful orders and directions; 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. 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 of reception; 8. Serve all process and notices in the manner prescribed by law; 9. Certify under his hand upon process or notices the manner and time of service, or, if he fails to make service, the reasons of his failure, and return the same without delay. 4177. NOTE.-Subd. 1.-See Penal Code Cal., Sec. 817. Sheriff is a peace officer. Subd. 2.-Refusing to arrest, how punished.-Id., Sec. 142. See other duties prescribed in the Penal Code and Code of Civ. Pro., under appropriate heads. When process or notices are returnable to of process. another county, he may inclose such process or notice in an envelop, addressed to the officer from whom the same emanated, and deposit it in the Post Office, prepaying postage. 4178. The return of the Sheriff upon process or prima fasi. notices is primary evidence of the facts in such return stated. NOTE.-Return of a Sheriff, how to be construed.Moore vs. Martin, 38 Cal., p. 438. This case may also be consulted on the subject of a Sheriff's deed. non-return etc. 4179. If the Sheriff does not return a notice or Penalty for process in his possession with the necessary indorse- of process, ment thereon without delay, he is liable to the party aggrieved for the sum of two hundred dollars and for all damages sustained by him. 4180. If the Sheriff to whom a writ of execution Liable for refusing to is delivered neglects or refuses, after being required levy. by the creditor or his attorney, 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. NOTE.-Sheriff is liable to owner, not judgment debtor, whose property he sells wrongfully to its full value.-Spencer vs. Long, 39 Cal., p. 700. for refusing 4181. If he neglects or refuses to pay over on Damages demand, to the person entitled thereto, any money to pay over which may come into his hands by virtue of his office (after deducting his 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. 4182. 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 was 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 judg ment, 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; 27-VOL. II. money. Liable for a rescue. No action for escape or rescue 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. 4183. He is liable for a rescue of a person arrested in a civil action, equally as for an escape. 4184. An action cannot be maintained against the Sheriff for a rescue, or for an escape of a person arrecapture. rested 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. Direction writing. 4185. No direction or authority by a party or his must be in 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. NOTE.-See Crocker on Sheriffs, p. 165; 2 Caines, p. 243; 4 Johns., p. 450; see note to Sec. 4187, post. When office When executing process. 4186. 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. 4187. A Sheriff, or other ministerial officer, is justified in 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. 42 Cal 11 NOTE." His (Sheriff's) duties are entirely executive or ministerial, in which capacity he may be said to execute the laws of the State."-Chief Justice Murray, in Merrill vs. Gorham, 6 Cal., p. 42; People vs. Phoenix, |