6 id., p. 92. In the case of Krum vs. King, 12 Cal., exhibit 4188. The officer executing process must then, Officer to and at all times subsequent, so long as he retains it, process. upon request show the same, with all papers attached, to any person interested therein. act as crier. 4189. The Sheriff in attendance upon Court must Sheriff to 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. 4190. 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 is there, by leaving it in a conspicuous place in the office. 4191. 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. Service on how made. Sheriff, Coroner to process execute when Sheriff is a party. 1880 713 336 Elisors to 4192. Process and orders in an action or proceed designated. ing may be executed by a person residing in the county, designated by the Court, the Judge thereof, or a County Judge, and denominated an Elisor, in the following cases: Other 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 proceeding 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. NOTE.-Stats. 1857, p. 323, Sec. 1. 4193. The Sheriff must perform such other duties as are required of him by law. NOTE. For duties with regard to revenue, see Title IX, ante; and "Licenses," Secs. 3356-3287, ante, and notes. See following references to sections of the Penal Code Cal. for penalties and duties of Sheriff; suffering convicts to escape, Sec. 108; refusing to receive or arrest parties accused of crime, id. 142; duty of, on receiving copy of judgment of imprisonment, id. 1216; warrant for execution of death sentence to be delivered to, id. 1217; duty of, at execution of death sentence, id. 1229; duty of, after execution of death sentence, id. 1230; to receive prisoners committed by U. S. Courts, id. 1601; answerable for safe keeping of such, id. 1602; papers served on, for prisoner, id. 1609; to receive all persons duly committed, id. 1611; when not to receive prisoners, id. 1612; neglect of official duty, id. 176. Also, the following sections of the Code of Civil Procedure of Cal.: To provide Court room, Sec. 144; proof of service of summons, Sec. 415; liable for escape, Sec. 501; for selling on execution without notice, Sec. 693; on a resale under execution, Sec. 697; how to keep party arrested on Justice process, Sec. 865; notify plaintiff of ARTICLE V. COUNTY CLERK. SECTION 4204. Duties of County Clerk. 4205. Other duties. 4204. The County Clerk must: 1. Take charge of and safely keep, or dispose of according to law, all books, papers, and records which may be filed or deposited in his office. 2. Act as Clerk of the Board of Supervisors, and as Clerk of the District, County, and Probate Courts, and attend each term thereof, and upon the Judges at Chambers when required. 3. Issue all process and notices required to be issued; enter all orders, judgments, and decrees proper to be entered; keep in each Court a docket, in which must be entered the title of each cause, with the date of its commencement, a memorandum of every subsequent Same. Other duties. proceeding therein, with the date thereof, and a list of all the fees charged. 4. Keep for the District and County Courts, in separate volumes, an index of all suits, labeled "General Index-Plaintiffs," each page of which must be divided into seven columus, 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 of District Court;" 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 of District Court." NOTE.-See Penal Code Cal., Secs. 71, 176; Secs. 220, 920-926, 1014-1016, ante, and notes, and note to Sec. 4205, post. 4205. He must keep such other records and perform such other duties as are prescribed by law. NOTE.-See Penal Code Cal.-To prepare calendar, Sec. 1047; transmit appeal papers without charge, Sec. 1246; and other duties, see index, id. See Code Civil Procedure Cal.-To take testimony, Sec. 1051; indorse complaint, id. 406; register action, id. 1052; in contest of election, id. 1118; confession of judgment, id. 1134; submitting action to arbitrators, id. 1283; certify copy of verdict in mandamus case, id. 1093; return to writ of review, id. 1070; invest what proceeds in his name, id. 789-791; summons, id. 407; and other references in index, id. Clerk of Probate Court-certificate of probate of will-record.-Code Civ. Pro. Cal., Sec. 1318; letters of administration, id. 1356, 1371, 1373, 1384, 1387, 1412, 1684, 1773; citation, id. 1384; certify transcript of appointment, id. 1429; subpoenas, etc., id. 1707, 1708; register claims, id. 1497; and other references in the index, id. Civil Code Cal.-License to marry, Sec. 69; certify acknowledgment, Sec. 1194; appraising homestead, Sec. 1247; file articles incorpora- ARTICLE VI. AUDITOR. SECTION 4215. Auditor to draw warrants and settle accounts. 4216. Warrants must specify what. 4217. Settlements with debtors to the county. 4218. To keep accounts, file receipts, etc. 4219. Warrants of Auditor to be numbered. 4220. Auditor to examine books of Treasurer, when. 4221. Auditor and County Judge to count money in Treas ury and make statement. 4222. Statements to be filed and posted. 4223. Quarterly statements concerning collection of revenue to be made, when. 4224. Other duties. 4215. The Auditor must draw warrants on the Auditor to draw and settle accounts. County Treasurer in favor of all persons entitled warrants thereto in payment of all claims and demands chargeable against the county which have been legally examined, allowed, and ordered paid by the Board of Supervisors; also, 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. NOTE.-See note to Secs. 220, 4105, ante. Must draw warrants pursuant to order of the Supervisors.— Connor vs. Morris, 25 Cal., p. 447. See Secs. 920-926, ante, and notes. Must require of every officer presenting claim to make affidavit.-See Sec. 924, ante, and note; and also Secs. 1014-1016, ante, as to delivery of office books, etc., to successor. must 4216. All warrants must distinctly specify the lia- Warrants bility for which they are drawn, and when it accrued. specify 4217. NOTE.-See Sec. 4076, ante. The Auditor must examine and settle the accounts of all persons indebted to the county, or what. |