Liability of sheriff for failure to pay money to person entitled.

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.

Sec. 81. 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 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; "Provided, That May pay money such sheriff may pay such money into the court, or to the clerk thereof, issuing the writ or process upon which such money is collected or received, and from the time of such payment the sheriff shall be relieved of all liability therefor."

Sec. 82. A sheriff who suffers the escape of a perSuffering escape son arrested in a civil action, without the consent or rested in civil connivance of the party in whose behalf the arrest or of sheriff for. imprisonment is made, is liable as follows:

of person ar

action, liability

Liability for

rescue.

Liability for

rescue or escape

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. Sec. 83.

He is liable for the rescue of a person arrested in a civil action, equally as for an escape. Sec. 84. An action cannot be maintained against the sheriff for a rescue or for an escape of a person arceases on recap- 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 or by any other person.

ture, when.

Release from liability to be in

Sec. 85. No direction or authority by a party or his attorney, to the 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 at

torney of the party, or by the party, if he has no attorney.

mitted for sixty

Sec. 86. When the sheriff is committed, under an Sheriff comexecution or commitment, for not paying over money days, his office received by him by virtue of his office, and remains committed for sixty days, his office is vacant.

is vacant.

sheriff or other

Sec. 87. A sheriff, or other ministerial officer, is Justification of justified in the execution of, and must execute, all pro- ministerial cess and orders regular on their face and issued by competent authority.

officer.

ing process must

Sec. 88. The officer executing process must then, omcer executand at all times subsequent, so long as he retains it, show papers. upon request, show the same, with all papers attached, to any person interested therein.

Sheriff is court

Sec. 89. The sheriff, in attendance upon court, Sher must act as crier thereof, call the parties and witnesses, and other persons bound to appear at the court, and make proclamation of the opening and adjournment of court, and of any other matter under its direction.

Service on

sheriff's death,

Sec. 90. Service of a paper, other than process, sheriff of paper upon the sheriff, may be made by delivering it to him other than or to one of his deputies, or to a person in charge of process. 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 case of in whole or in part, at the time of his death, resigna- service of protion of office, or at the expiration of his office, said pro- cess. cess shall be executed by his successor or successors in office; and when the sheriff sells real estate, under and Issue of deeda by virtue of an execution or order of courts, he or his death. 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 that 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.

after sheriff's

Constable to

interested

Sec. 91. In cases where it appears from the pa- serve process pers of any court of record that the sheriff is a party, or when sheriff is where an affidavit is filed with the clerk of the court party. stating a partiality, prejudice, consanguinity or interest on the part of the sheriff, the clerk of the court shall direct process to any constable of the county, whose duty it shall be to execute it, in the same manner as if he were sheriff.

Constable's fees

for performing

Sec. 92. The constable, for any service performed work of sheriff. under the foregoing section, shall be paid the same fees as are or shall be provided for like services on the part of the sheriff, and such fees shall belong to the constable and not to any public treasury.

Sec. 93. The sheriff must perform such other

General duties. duties as are required by law.

Duties of county clerk.

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 county commissioners, and as ex-officio clerk of the district court.

3. Issue all processes and notices required to be issued; enter a synopsis of all orders, judgments and decrees proper to be entered, unless the law or the court shall require them to be entered at length; keep in the district court a docket in which must be entered the title of each cause, with the date of its commencement, a memorandum of each subsequent proceeding therein, with date thereof, and a list of the amounts of all fees charged; keep for the district court an index of all suits labeled "General Index-Plaintiffs,' each page of which must be divided into three columns, under their respective heads, alphabetically arranged as follows: "Number of Suit," "Plaintiffs," "Defendants;" also an index labeled "Reverse Index-Defendants," each page of which must be divided into three columns, under their respective heads, alphabetically arranged as follows: "Number of suit," "Defendants, "Plaintiffs;" keep an index of the names of persons naturalized.

4. Issue all marriage licenses as provided in Chapter V of part fifth of the Compiled Laws of Utah, 1888, and perform such other duties as are, or may be, required by law.

5. As clerk of the district court he shall issue a certificate of the attendance and mileage of all jurors and of witnesses in criminal cases.

6. Execute under his seal all deeds and conveyances for the county and in its name, pursuant to resolutions of the board of county commissioners, of all

real estate conveyed by the county to any person, firm or corporation. Sec. 95. He shall take charge of and safely keep custody of the seal of the district court, and of the county clerk, court and and he must keep such other records and perform such county clerk. other duties as are prescribed by law.

seals of district

Sec. 96. The county clerk shall have power to May administer take and certify acknowledgments and administer oaths.

oaths.

COUNTY AUDITOR.

auditor.

Sec. 97. The auditor must draw warrants on the Duties of county county treasurer in favor of all persons entitled 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 county commissioners; 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 county commissioners a certified list mentioned in subdivision four, section sixteen of this act. The auditor must also draw his warrant on the county treasurer 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.

warrants must

Sec. 98. All warrants must distinctly specify the What county liability for which they are drawn, and when it accrued. specify. The auditor shall be bound by all provisions of law requiring the county clerk to certify bonds, warrants and Auditor bound other evidences of debt to be within the debt limit of in certifying the county, and shall be liable to the same penalties. debtedness.

as county clerk

evidence of in

against county,

Sec. 99. The auditor must examine all claims pre- Examine claims sented against the county and examine and state the and certify acaccounts of all persons indebted to the county, or hold-outs to treas ing 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 person a discharge, and charge the treasurer with the amount received by him.

shall keep

Sec. 100. The auditor shall keep the books of the How auditer county in such a manner as will show the amount of books. and receipts from each department, and under the authority of the board of county commissioners, purchase all stationery and distribute the same to the various

Auditor account with treasurer.

bering war

rants.

county officers; audit all claims presented against the county, noting authority for same on said claim, and, if found correct certify such claims to the board of county commissioners.

Sec. 101. The auditor must keep accounts current with the treasurer.

Sec. 102.

All warrants issued by the auditor dur

Order of num- ing each year, commencing with the first day of January, must be numbered consecutively, and the number, date, and the amount of each, and the name of the persons 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 cancelled.

Registration and cancel

lation of warrants.

treasurer's

Sec. 103. The auditor must, between the first and Examination of tenth day of each month, examine the books of the treasurer, and see that the same have been correctly kept.

books.

Sec. 104. The auditor and treasurer of each Joint statement County must, on the second Monday in February and August in each year, and at such other times as the county commis-board of county commissioners may require, make a

of auditor and treasurer to

sioners, what shall show.

joint statement to the board of county commissioners, 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 funds; the total amount of warrants drawn, and unpaid, and accounts of 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. 105. The auditor must discharge such other General duties. duties as are required by law.

recorder's

office.

COUNTY RECORDER.

Sec. 106. The recorder must procure such books Books of county for records as the business of his office requires, but orders for the same must first be obtained from the board of county commissioners. The books used may contain printed forms of deeds, mortgages or other instruments of general use. He has the custody of, and