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fusal, and the board of supervisors must institute suits for the recovery thereof.

Legislation § 4113. Enaeted by Stats. 1907, p. 389; substantially same as former County Gov. Act 1897, p. 478, $ 79, and old § 4156 (enacted March 12, 1872; repealed by Stats. 1907, p. 351). Original § 4113 enacted March 12, 1872; repealed by Stats. 1907, p. 354; subject matter treated in present § 4024, ante.

§ 4114. Must sue district attorney, when. If the district attorney refuse or neglect to account for and pay over money received by him, as required by the fifth subdivision of section forty-one hundred and fiftythree, he shall be liable for such refusal or neglect upon his official bond, and the county treasurer must bring an action against him for the recovery thereof, in the name of the county, and may recover in such action, in addition to the amount so received, fifty per cent thereon by way of damages. And no order of the board of supervisors shall be necessary to bring such action. His reasonable expenses, including attorney's fees, shall be a county charge.

Legislation § 4114. Enacted by Stats. 1907, p. 389; substantially same as former County Gov. Act 1897, p. 478, $ 80, and embraces old § 4157 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4114 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4315, post.

$ 4115. Property received from coroner. The treasurer, upon receiving from the coroner, or justice of the peace acting as coroner, money found on a dead body, must place it to the credit of the county; on receiving other property in like manner, he must, within thirty days, sell it at public auction, upon reasonable public notice, and must, in like manner, place the proceeds to the credit of the county. All said moneys must be kept in a separate fund.

Legislation § 4115. Enacted by Stats. 1907, p. 390; same as former County Gov. Act 1897, p. 478, $ 81, and embraces old § 4159. (enacted March 12, 1872; repealed by Stats. 1907, P, 351). Original § 4115 enacted March 12, 1872; amended by Code Amdts. 1880, p. 101; repealed by Stats, 1907, p. 354.

§ 4116. Money of decedents. If the money in the treasury is de. manded within six years, by the legal representatives of the decedent, the treasurer must pay it to them, after deducting the fees and expenses of the coroner, and of the county, in relation to the matter, or the same may be so paid at any time thereafter, upon the order of the board of supervisors.

Legislation § 4116. Enacted by Stats. 1907, p. 390; same as former County Gov. Act 1897, p. 478, $ 82, and old § 4160 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original 8 4116 enacted March 12, 1872; amended (1) by Code Amdts 1880, p. 101; (2) by Stats. 1905, p. 246; repealed by Stats. 1907, p. 354.

§ 4117. Possession of public moneys. The treasurer must keep all moneys belonging to this state, or to any county of this state, in his own possession, until disbursed according to law. He must not place the same in the possession of any person, to be used for any purpose; nor must he loan, or in any manner use, or permit any person to use the same, except as provided by law; but nothing in this section prohibits him

from making special deposits for the safe-keeping of the public moneys; but he shall be liable therefor on his official bond.

Legislation & 4117. Enacted by Stats. 1907, p. 390; same as former County Gov. Act 1897, p. 479, $ 83, and embraces old § 4161 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4117 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4317, post.

$ 4118. Suspended from office, when. Whenever an action, based upon official misconduct, is commenced against any county treasurer, the supervisors may, in their discretion, suspend him from office until such suit is determined, and may appoint some person to fill the vacancy, who shall qualify and give such bond as may be required by the board of supervisors.

Legislation § 4118. Enacted by Stats. 1907, p. 390; same as former County Gov. Act 1897, p. 479, § 81, and embraces old § 4162 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4118 enacted March 12, 1872; repealed by Stats. 1907, p. 354; substantially same. as present § 4314, post.

1 § 4119. Death of treasurer. In case of the death of any county treasurer, his legal representatives must deliver up to the person appointed to fill the vacancy occasioned by such death, all official moneys, books, accounts, papers, and documents which are or may come into their possession.

Legislation & 4119. Enacted by Stats. 1907, p. 390; same as former County Gov. Act 1897, p. 479, $ 85, and embraces first sentence of old $ 4163 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Origi. nal § 4119 enacted March 12, 1872; amended by Code Amdts 1880, p. 101; repealed by Stats. 1907, p. 354; embraced in present § 4313, post.

§ 4120. Examination of books and accounts of. The books, accounts, and vouchers of the treasurer are at all times subject to the inspection and examination of the board of supervisors and grand jury.

Absence of judicial officer: See Const., art. VI, $ 9.

Legislation & 4120. Enacted by Stats. 1907, p. 390; same as former County Gov. Act 1897, p. 479, $ 86, and old § 4164 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original $ 4120 enacted March 12, 1872; amended (1) by Code Amdts. 1873-74, p. 174; (2) by Code Amdts. 1875–76, p. 65; repealed by Stats. 1907, p. 354.

§ 4121. Same. The treasurer must permit the chairman of the board of supervisors, district attorney, and auditor to examine his books and count the money in the treasury, whenever they may wish to make an examination or counting.

Legislation § 4121. Enacted by Stats. 1907, p. 390; same as former County Gov. Act 1897, p. 479, $ 87, and, except as to officers making examination, similar to old § 4165 (enacted March 12, 1872; amended (1) by Code Amdts. 1880, p. 24; (2) by Code Amdts. 1880, p. 101; repealed by Stats. 1907, p. 354). Original $ 4121 enacted March 12, 1872; repealed by Stats. 1907, p. 354; embraced in present § 4316, post.

§ 4122. Treasurer to receive and pay out moneys arising from gifts, etc. The treasurer is hereby authorized to receive any money constituting a gift or bequest, or the money resulting or accruing from any gift, bequest or devise and pay the same out in accordance with the terms thereof, or when none are fixed, then according to law.

Legislation 4122. Enacted by Stats. 1907, p. 390. Original § 1122 enacted March 12, 1872; amended by Code Amdts. 1873–74, p. 56; repealed by Stats. 1907, p. 351.

§ 4123. When amount of bond is not fixed by law. [Repealed 1907; Stats. 1907, p. 354.]

Legislation § 4123. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1907, p. 354.

§ 4124. Other provisions relating to county officers. [Repealed 1907; Stats. 1907, p. 354.]

Legislation & 4124. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1907, p. 354.

ARTICLE IV.

The Assessor.

$ 4125. Duties of. § 4125. Duties of. The assessor must perform such duties as are prescribed in title nine, part three, of this code, and such other duties as are required by law; provided, that where any salary is allowed to the as sessor, by law, then where such officer is charged, or to be charged, with the making of maps or block-books, he shall be allowed the actual cost of making the same, and must file with the county auditor a sworn statement, monthly, showing in detail the names of persons, and amounts paid to each for such expenses, and the assessor must thereupon pay over and account to the county, or city and county, for the difference between any amount allowed for such purpose, and the amount actually expended by him therefor.

Legislation § 4125. Enacted by Stats. 1907, p. 391; substantially same as former County Gov. Act 1897, p. 491, $ 148.

ARTICLE V.
The Tax-collector.

$ 4126. Duties of. § 4126. Duties of. The tax-collector must perform such duties as are prescribed in title nine, part three, of this code, and as license-collector shall collect all county licenses, and shall perform such other duties as are required by law. He shall, at least once a month and oftener, in his discretion, pay the public money in his hands into the county treasury, taking the receipt of the treasurer therefor.

Payments to treasurer: See ante, § 3753.

Legislation § 4126. Enacted by Stats. 1907, p. 391; substantially same as former County Gov. Act 1897, 491, § 149.

ARTICLE VI.
The License-collector.

$ 4127. Duties of. § 4127. Duties of. The tax-collector shall be ex officio license-collector, and as license-collector shall perform the duties prescribed by law, and by the ordinances of the board of supervisors.

Legislation & 4127. Added by Stats. 1907, p. 391.

ARTICLE VII.

The Recorder. $ 4130. Duties of. $ 4131. What to be recorded. $ 4132. Indexes kept by recorders. $ 4133. Certificates of sale. § +134. Final judgments. $ 4135.

Decrees in partition. § 4135a. Records copied into wrong books, validation of. $ 4135b. Indexing deeds, etc., once recorded. $ 4136. Two or more indices. $ 4137. Indorse documents, $ 4138. Time, book, etc. § 1139. To take acknowledgments. $ 1140. Penalty for neglect or misconduct. $ +141. Not to render service without fees. $ 4142.

Records open to inspection. § 4142a. Building plans, etc., to be returned by recorders. $ 1142b. Recording of instruments when records lost, injured or destroyed

by conflagration. $ 4142c. Duties with reference to registration of deaths, issuance and

registration of burial and disinterment permits, and the es-

tablishment of registration districts. § 4130. Duties of. The recorder must procure such books for records as the business of his office requires, but orders for the same must first be obtained from the board of supervisors. The books used may contain printed forms of deeds, mortgages, or other instruments of general use. He has the custody of, and must keep all books, records, maps, and papers deposited in his office.

Legislation § 4130. Enacted by Stats. 1907, p. 391; same as former County Gov. Act 1897, p. 481, $ 119, and embraces old § 4234 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4131. What to be recorded. He must, upon the payment of his fees for the same, record, separately, in a fair hand, or typewriting, in large and well-bound separate books, either sewed books or an insertable leaf, which when placed in the book cannot be removed:

1. Deeds, grants, transfers, and mortgages of real estate, releases of mortgages, powers of attorney to convey real estate, and leases which bave been acknowledged or proved.

2. Mortgages of personal property.
3. Certificates of marriage and marriage contracts.
t. Wills admitted to probate.
5. Official bonds.

6. Notices of mechanic's liens.

7. Transcripts of judgments, which by law are made liens upon real estate in this state.

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. Notices of pre-emption claims. 12. Births and deaths. 13. Certified copies of decrees and judgments of courts of record; and,

14. Such other writings as are required or permitted by law to be recorded. [Amendment approved 1909; Stats. 1909, p. 767.]

Proof and acknowledgment of instruments: Civ. Code, &$ 1185–1217.
What may be recorded: Civ. Code, $$ 1158-1165.
Mode of recording: Civ. Code, $$ 1169-1173.
Effect of recording, or the want thereof: Civ. Code, $$ 1213-1217.
Mortgages:

Assignment of: Civ. Code, $ 2934.
Discharge of: Civ. Code, $$ 2938–2941.
Of personal property: Civ. Code, $8 2959-2964.
Powers of attorneys to execute: Civ. Code, $ 2933.

Recording, manner and effect: Civ. Code, § 29.52.
Proof and acknowledgment of instruments: Civ. Code, $$ 1180-1207.
Marriage:

Certificate of: Civ, Code, $ $ 74-77."
Contract of: Civ, Code, $ $ 179, 180.

Register of: Ante, $ 3079.
Wills admitted to probate: See Code Civ. Proc., $$ 1318–1322.
Official bonds: Ante, $$ 950, 951.
Mechanics' liens: Code Civ. Proc., § 1187.
Judgments affecting real property: Civ. Code, $ 1159.
Attachment of realty: Code Civ. Proc., $ 542.
Lis pendens: Code (iv. Proc., $ 409.
Separate property of married women: Civ. Code, $$ 165, 166.
Births and deaths: Ante, $$ 3077, 3079, 3080.
What may be recorded: Civ, Code, $8 1158-1165.

Legislation & 4131. 1. Enacted by Stats. 1907, p. 392; substantially same as former County Gov. Act 1897, p. 481, $ 120, and old § 4235 (enacted March 12, 1872; amended (1) by Stats. 1895, p. 52; (2) by Stats. 1905, p. 47; repealed by Stats. 1907, p. 354). 2. Amended by Stats.

p.

767. § 4132. Indexes kept by recorders. Every recorder must keep except as herein otherwise provided:

1. Deeds. An index of deeds, grants, and transfers, labeled "Grantors," each page divided into three columns, headed, respectively: "Names of Grantors," "Names of Grantees," and "Where Recorded."

2. An index of deeds, labeled “Grantees," each page divided into three columns, headed, respectively: "Names of Grantees," "Names of Grantors," and "Where Recorded."

3. Mortgages. Two indices of mortgages, labeled, respectively: “Mortgagors of Real Property," "Mortgagors of Personal Property,” with the pages thereof divided into four columns, headed, respectively: "Names

1909,

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