§ 4141. Not to render service without fees. He shall not record any instrument, or file any paper or notice, or furnish any copy, or render àny service connected with his office, until the fees for the same, as prescribed by law, are, if demanded, paid or tendered.

Legislation § 4141. Added by Stats. 1907, p. 395; same as former County Gov. Act 1897, p. 488, § 130, and, except that the new section is mandatory, substantially same as old § 4245 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4142. Records open to inspection. All books of record, maps, charts, surveys, and other papers on file in the recorder's office, must, during office hours, be open for inspection by any person, without charge; and the recorder must arrange the books of record and indices in his office in such suitable places as to facilitate their inspection.

Legislation § 4142. Added by Stats. 1907, p. 395; same as former County Gov. Act 1897, p. 488, § 131, and substantially same as old § 4246 (enacted March 12, 1272; repealed by Stats. 1907, p. 354).

§ 4142a. Building plans, etc., to be returned by recorders. After the expiration of two years from the date of filing in the recorder's office of notice of completion of any building or improvement, the contract, plans and specifications under which the work or improvement was performed may be returned by the recorder to the person filing the same unless the recorder has been notified in writing to retain the same by some one claiming some interest under such contract or in the property affected thereby; provided, that after the expiration of five years from the date of filing in the recorder's office of any contract, plans and specifications of any building or improvement, the recorder may destroy such contract, plans and specifications if the same have not been delivered as hereinabove provided, unless the recorder has been notified in writing to retain the same by some one claiming some interest under such contract or in the property affected thereby. [Amendment approved 1915; Stats. 1915, p. 833.]

Legislation § 4142a. 1. Added by Stats. 1907, p. 396; same as first two sentences of old § 4247 (added by Stats. 1905, p. 8; repealed by Stats. 1907, p. 354). 2. Amended by Stats. 1915, p. 833.

§ 4142b. Recording of instruments when records lost, injured or destroyed by conflagration. 1. Whenever any record of any instrument has been, or shall hereafter be, lost, injured or destroyed by conflagration or other public calamity, the recorder of such county, or city and county is hereby authorized and directed to record any instrument of writing entitled to record under the provisions of article seven, chapter five, title two, part four, of this code, which instrument of writing had been previously recorded in his office. In recording the same, the recorder shall record all certificates attached thereto and all indorsements thereon, and if any of such certificates or indorsements show the previous recording of the same in the county, or city and county, where said instrument is presented for record, the date appearing in such certificate or instrument of such record shall be deemed and taken as the date of the recording thereof in said county or city and county, where said instrument is presented for record. Such record and certified copies thereof, duly certified by the recorder of any such county, or city and county, under

his seal of office, may be introduced in evidence, with the same force and effect as the original record or certified copies of the original record. 2. Whenever any record of any instrument has been, or shall hereafter be, lost, injured or destroyed by conflagration or other public calamity, the recorder of such county, or city and county, is hereby authorized and directed, when presented to him for record, to record any instrument of writing entitled to record under the provisions of article seven, chapter five, title two, part four, of this code, which said instrument of writing shall have been or shall be duly certified by the recorder of any other county, or city and county, of this state as being of record in his office. In recording the same, the recorder shall record all certificates attached thereto, or indorsements thereon, and if any of such certificates or indorsements show the previous recording of the same in the county, or city and county, where the said certified copy of the said instrument is presented for record, the date appearing in such certificate or indorsement of such record shall be deemed and taken as the date of the recording thereof in said county, or city and county recorder's office, where the said certified copy is so presented for record. Said record and certified copies of any such record, duly certified by the recorder of any such county, or city and county, under his seal of office, may be introduced in evidence with the same force and effect as the original record or certified copies of the original record.

3. Such county, or city and county recorder shall be entitled, for his services hereunder, to receive the same amount of fees as he is entitled to receive for the recording of instruments of like character.

Legislation § 4142b. Added by Stats. 1907, p. 396; substantially same as old § 4248 (added by Stats. 1906, p. 75; repealed by Stats. 1907. p. 354).

§ 4142c. Duties with reference to registration of deaths, issuance and registration of burial and disinterment permits, and the establishment of registration districts. Each county recorder shall have the powers and shall perform the duties within the county of which he is the recorder, which are prescribed and required by the provisions of an act entitled, "An act for the registrations of deaths, the issuance and registration of burial and disinterment permits and the establishment of registration districts in counties, cities and counties, cities and incorporated towns, under the superintendence of the state bureau of vital statistics and prescribing the powers and duties of registrars, coroners, physicians, undertakers, sextons and other persons in relation to such registration and fixing penalties for violation of this act," approved March eighteenth, nineteen hundred and five. He shall also have the powers, and shall perform the duties within the county of which he is such officer which are prescribed and required by the provisions of chapter three, title seven, of part three, of this code, relating to the registry of births, marriages and deaths.

Legislation § 4142c. Added by Stats. 1907, p. 397.

ARTICLE VIII.

The Coroner.

Duties of.

Cost of burial of bodies over which coroner has held inquest may be met by sale of personal property.

§ 4143. § 4144.

§ 4145.

Coroner's register.

§ 4146.

§ 4147. § 4148.

Duties as to property of deceased persons.

Justices of the peace to act as coroner, when.
Coroner to act as sheriff, when.

§ 4143. Duties of. The coroner must hold inquests as prescribed by chapter two, title twelve, part two, of the Penal Code. The coroner, or other officer holding the inquest upon the body of a deceased person, may subpoena a chemist to make an analysis of the contents of the stomach or of the tissues of the body, or a physician or surgeon to inspect the body, or hold a post-mortem examination of the deceased, and give a professional opinion as to the cause of death, and shall cause the testimony given by any witness to be reduced to writing, under his direction, and may, upon the written order of the district attorney, employ a clerk or stenographer for such purpose, at the same compensation allowed to stenographers in the superior court of the county; and when such testimony is taken down by a stenographer, his transcription thereof, duly certified to, shall constitute the deposition of such witness.

Coroners' inquests, and duties of coroners: See Pen. Code, §§ 1510

1519.

Legislation § 4143. Added by Stats. 1907, p. 397; same as former County Gov. Act 1897, p. 490, § 142, and embraces old § 4285 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4144. Cost of burial of bodies over which coroner has held inquest may be met by sale of personal property. When an inquest is held by the coroner, and no other person takes charge of the body of deceased, he must cause it to be decently interred; and he may, in order to decently inter the body of the deceased, apply to a judge of the superior court of his county for an order permitting the coroner to summarily sell any personal property belonging to the deceased, and to withdraw any money that the deceased may have on deposit with any bank and to collect any indebtedness or claim that may be owing or due the deceased. If upon such application it appears to the court, by competent evidence, that the total value of the estate of the deceased is less than seventy-five dollars the judge shall make an order granting the application; and there shall be no administration upon the estate of the deceased unless additional estate be found or discovered. No notice of the application need be given and no fee shall be charged by the clerk of the court or coroner for the filing of said application, or for any duty or service of the clerk or coroner connected therewith. Upon the sale of the personal property of the deceased or the collection of any money, claim or indebtedness by the coroner, he shall use the same for expenses of the funeral of the deceased.

The coroner shall file with the clerk of the court a statement showing the property of the deceased that came into his hands, the amount received from the sale of any personal property and the disposition of the property of the deceased, and shall file with the clerk vouchers showing

what disposition was made of the property; if there is not sufficient property belonging to the estate of the deceased to pay the necessary expenses of the burial, the expenses are a legal charge against the county. [Amendment approved 1911; Stats. 1911, p. 1163.]

Legislation § 4144. 1. Enacted by Stats. 1907, p. 397; same as former County Gov. Act 1897, p. 490, § 143, and old § 4286 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4144 enacted March 12, 1872; repealed by Stats. 1907, p. 354; embraced in present § 4101, ante. 2. Amended by Stats. 1911, p. 1163.

§ 4145. Coroner's register. It shall be the duty of the coroner of each county to keep an official register, to be labeled "coroner's register," in which he shall enter the date of holding of all inquests, the name of deceased, when known, and when not, such description of the deceased as may be sufficient for identification; property found on the person of the deceased, if any; what disposition was made of the same by the coroner, the cause of death, when known, and such other information as may pertain to the identity of the deceased; provided, further, that when there is found any note, letter or other document written by the deceased giving directions for the disposal of property of such deceased, which note, letter or other document is delivered to the coroner, he shall cause a true copy of the same to be transcribed into the notes of the official stenographer at the time of holding the inquest into the death of such deceased, and a typewritten copy of the same to be filed in his office. [Amendment approved 1915; Stats. 1915, p. 729.]

Legislation § 4145. 1. Enacted by Stats. 1907, p. 398; same as former County Gov. Act 1897, p. 490, § 144. Original § 4145 enacted March 12, 1872; repealed by Stats. 1907, p. 354; similar to present § 4102, ante. 2. Amended by Stats. 1915, p. 729.

§ 4146. Duties as to property of deceased persons. The coroner must, within thirty days after an inquest upon a dead body, deliver to the treasurer, or the legal representatives of the deceased, any money or other property found upon the body, and at the same time file an affidavit with the treasurer, showing:

1. The amount of money or other property belonging to the estate of the deceased person which has come into his possession since his last statement.

2. The disposition made of such property.

3. If the coroner, or any justice of the peace acting as coroner, fail to deliver to the treasurer, within thirty days after any inquest upon a dead body, all money and property found upon such body, unless claimed in the meantime by the public administrator, or other legal representative of the decedent, as required by this section, the district attorney must proceed against the coroner, or justice of the peace acting as coroner, to recover the same, by civil action, in the name of the county.

Legislation § 4146. Enacted by Stats. 1907, p. 398; same as former County Gov. Act 1897, p. 491, § 145, and embraces old §§ 4286, 4287 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4146 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4103, ante.

§ 4147. Justices of the peace to act as coroner, when. If the office of coroner is vacant, or he is absent, or unable to attend, the duties of his office may be discharged by any justice of the peace of the county, with the like authority, and subject to the same obligations and penalties as the coroner.

Legislation § 4147. Enacted by Stats. 1907, p. 398; same as former County Gov. Act 1897, p. 491, § 146, and old § 4289 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4147 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4104, ante.

§ 4148. Coroner to act as sheriff, when. In the cases specified in section forty-one hundred and seventy-two, the coroner must discharge the duties of sheriff.

Coroner as sheriff: See post, § 4172.

Legislation § 4148. Enacted by Stats. 1907, p. 398; substantially same as former County Gov. Act 1897, p. 491, § 147, and old § 4290 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4148 enacted March 12, 1872; repealed by Stats. 1907, p. 354; except as to rate of interest, similar to present § 4105, ante.

§ 4149. Appointed by supervisors, when. The live-stock inspector shall be appointed by the board of supervisors whenever in the discretion of such board the interest of the public welfare demands the services of such an officer, and such officer shall hold his office at the pleasure of the appointing power. He shall receive a salary in the sum of one hundred and twenty-five dollars per month, which salary shall be paid at the same time and in the same manner and out of the same funds that other county officers are paid.

Legislation § 4149. Enacted by Stats. 1907, p. 398; same as former County Gov. Act 1897, § 55%, added by Stats. 1905, p. 722. Original § 4149 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4106, ante.

§ 4149a. Duties of. It shall be the duty of the live-stock inspector, acting under the supervision of the state veterinarian, to enforce all laws of the state of California, and all orders and ordinances of the board of supervisors of his county pertaining to the health and sanitary surroundings of all live-stock in his county, and for that purpose he is hereby authorized and empowered, by and with the approval of the board of supervisors, to establish, maintain, and enforce such quarantine, sanitary and other regulations as he may deem proper and necessary. He shall give to the duties of his office such time and attention as may be necessary to secure the general protection and advancement of all matters pertaining to the health and sanitary condition of the domestic live-stock of his county.

Legislation § 4149a. Added by Stats. 1907, p. 398; same as former County Gov. Act 1897, § 152%, added by Stats. 1905, p. 723.