Fiftieth. The salary of the registrar in counties of the fiftieth class shall be one hundred ($100) dollars per annum; provided, further, that in any year that the compilation of a new great register is required by law or supplements to be made thereto, the registrar shall receive as expenses for compiling such great register and making supplements thereto the sum of fifteen cents for each name inserted in said great register and supplements thereto, to be paid by the board of supervisors out of the county general fund upon the filing and presentation of a duly verified claim therefor by the registrar of voters with the board of supervisors of said county.

Fifty-first. The salary of the registrar in counties of the fifty-first class shall be twenty-four ($24) dollars per annum.

Fifty-second. The salary of the registrar in counties of the fifty-second class shall be seventy-five ($75) dollars per annum.

Fifty-third. The salary of the registrar in counties of the fifty-third class shall be twenty-four ($24) dollars per annum.

Fifty-fourth. The salary of the registrar in counties of the fifty-fourth class shall be twenty-four ($24) dollars per annum.

Fifty-fifth.

The salary of the registrar in counties of the fifty-fifth class shall be twenty-four ($24) dollars per annum.

Fifty-sixth. The salary of the registrar in counties of the fifty-sixth class shall be twenty-four ($24) dollars per annum.

Fifty-seventh. The salary of the registrar in counties of the fiftyseventh class shall be twenty-four ($24) dollars per annum; provided, further, that in any year when a new registration of voters is required by law, the registrar of voters shall be paid the sum of ten (10) cents per name for each elector registered by him.

Fifty-eighth. The salary of the registrar in counties of the fifty-eighth class shall be twenty-four ($24) dollars per annum; provided, further, that in any year when a new registration of voters is required by law, the registrar of voters shall be paid the sum of ten cents (10c) per name for each elector registered by him. The compensation of all deputies in this section provided for shall be paid by the said county in equal monthly installments, at the same time, in the same manner, and out of the same fund as the salary of the registrar is paid; and provided, further, that where the registrar is allowed fees the same shall be allowed on claims duly verified, presented and allowed by the board of supervisors.

Registrar to succeed to certain allowance. In addition to the salaries in this section provided where in any case the county clerk is now allowed fees or compensation or deputies or assistants for the registration of voters, or in the administration of laws relating to elections, such fees, compensation, deputies and assistants shall continue to be received or employed by the registrar of voters, and the right of the county clerk in such case to receive or employ the same shall thereupon cease, except where otherwise provided by law.

Legislation § 4149e. Added by Stats. Ex. Sess. 1911, p. 200.

§ 4149f. Registrar to succeed to certain powers. All the powers now or hereafter conferred and the duties now or hereafter imposed by law upon county clerks in relation to the conduct, management and control

of the registration of voters and in relation to elections, shall be exercised and performed exclusively by such registrar of voters unless otherwise provided by law; and all certificates of nomination, nomination papers or election papers required by law to be filed with, or presented to, the county clerk shall be filed with, or presented to, the registrar of voters, and the deputies or clerks in the office of the registrar of voters, acting under the orders of the registrar of voters, or the election commission, shall have all the powers heretofore exercised by the deputies of the county clerk in matters relating to registration and elections; provided, however, that until the actual exercise of the duties of the office of registrar, under appointment or consolidation, the county clerk shall continue to perform the duties now imposed on him by law with reference to registration and election.

Legislation § 4149f. Added by Stats. Ex. Sess. 1911, p. 205.

CHAPTER VI.

Judicial Department.

Article I. The Superior Court. §§ 4150, 4151.
II. The Clerk of the Superior Court. § 4152.
The District Attorney. §§ 4153-4156b.

III.

§ 4150. Duties of judge of superior court.
§ 4151. Same, when grand jury is in session.

§ 4150. Duties of judge of superior court. Each judge of the superior

court must:

Perform such duties as are prescribed by the laws of the state and in this title.

Legislation § 4150. Enacted by Stats. 1907, p. 400. Original § 4150 enacted March 12, 1872; repealed by Stats. 1907, p. 354; substantially same as present § 4107, ante.

§ 4151. Same, when grand jury is in session. It shall be the duty of the judge of the superior court of each and every county whenever a grand jury is impaneled, in addition to other matters requiring action, to call their attention to the provisions of chapter one of this title, and to instruct them to ascertain by a careful and diligent investigation whether the provisions thereof have been complied with, and to note the result of such investigation in their report.

Legislation § 4151. Enacted by Stats. 1907, p. 400; substantially same as former County Gov. Act 1897, p. 453, § 9. Original § 4151 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4108,

ante.

§ 4152.

ARTICLE II.

The Clerk of the Superior Court.

§ 4152. Duties of.

Duties of. The county clerk is an ex officio clerk of the superior court, and shall perform the duties required of him by law, and such as may be prescribed by this title.

Legislation § 4152. Enacted by Stats. 1907, p. 400. Original § 4152 enacted March 12, 1872; repealed by Stats. 1907, p. 354; substantially same as present § 4109, ante.

§ 4154.

Legal adviser of the board of supervisors.

§ 4155. Must not favor claims.

§ 4156b. District attorneys in counties of first class.

§ 4156b. District attorney not to defend.

§ 4153. Duties of. The district attorney is the public prosecutor, and

must:

1. Attend the courts, and conduct, on behalf of the people, all prosecutions for public offenses.

2. Institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses, when he has information that any such offenses have been committed; and for that purpose, when not engaged in criminal proceedings in the superior court, or in civil cases on behalf of the people, must attend upon the magistrates in cases of arrest, when required by them, and attend before and give advice to the grand jury, whenever cases are presented to them for their consideration.

3. Draw all indictments and informations, defend all suits brought in his county against the state or his county wherever brought, prosecute all recognizances forfcited in the courts of record, and all actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or his county.

4. Deliver receipts for money or property received in his official capacity, and file duplicates thereof with the county treasurer.

5. On the first Monday of each month file with the auditor an account, verified by his oath, of all moneys received by him in his official capacity during the preceding month, and at the same time pay them over to the county treasurer.

6. Give, when required, and without fee, his opinion in writing, to county, district, and township officers, on matters relating to the duties of their respective offices.

Legislation § 4153. Enacted by Stats. 1907, p. 400; same as former County Gov. Act 1897, p. 488, § 132, and, except that subds. 7 and 8 are omitted, substantially same as old § 4256 (enacted March 12, 1872; amended by Code Amdts. 1880, p. 102; repealed by Stats. 1907, p. 354). Pol. Code-67

Original § 4153 enacted March 12, 1872; repealed by Stats. 1907, p. 354; substantially same as present § 4110, ante.

§ 4154. Legal adviser of the board of supervisors. The district attorney is the legal adviser of the board of supervisors. He must attend their meetings, when required, and must attend and oppose all claims and accounts against the county, when he deems them unjust and illegal. Legislation § 4154. Enacted by Stats. 1907, p. 401, same as former County Gov. Act 1897, p. 488, § 133, and old § 4257 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4154 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4111, ante. § 4155. Must not favor claims. The district attorney, except for his own services, must not present any claim, account, or demand for allowance against the county, nor in any way advocate the relief asked on any claim or demand made by another.

Officer not to present or advocate claims against: See ante, § 4074. Legislation § 4155. Enacted by Stats. 1907, p. 401; same as former County Gov. Act 1897, p. 489, § 134, and old § 4258 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4155 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4112, ante.

§ 4156. Must abate public nuisances, when. The district attorney may, and when directed by the board of supervisors must, bring a civil action in the name of the people of the state of California, to abate a public nuisance in his county.

Legislation § 4156. Enacted by Stats. 1907, p. 401; substantially a codification of Stats. 1899, p. 103, c. 88. Original § 4156 enacted March 12, 1872; repealed by Stats. 1907, p. 354; substantially same as present § 4113, ante.

§ 4156a. Other duties. The district attorney must perform such other duties as are required by law.

Legislation § 4156a. Added by Stats. 1907, p. 401.

§ 4156b. District attorneys in counties of first class. District attorneys in counties of the first class shall devote their entire time and attention to the performance of the duties of their offices.

There was also another § 4156b adopted at the same session. Sec post.

Legislation § 4156b. Added by Stats. 1911, p. 1199.

§ 4156b. District attorney not to defend. No district attorney of any county, or city and county of the state of California, shall, during his incumbency, defend or assist in the defense of, or act as counsel for, any person or persons, association or corporation, accused of any crime in any county or city and county in the state of California.

There was another § 4156b adopted at the same session. See ante. Legislation § 4156b. Added by Stats. 1911, p. 427.

Return of, on process.

Liability of.

Neglect, or refusal to execute writ, penalty of.
Neglect or refusal to pay over money, penalty of.
Liable for escape of prisoners.

Liable for rescue of prisoners.

When not liable.

Authority to execute a process, must be in writing.
When office of, vacant.
Must execute order.

Service of process upon.

§ 4172.

Coroner to execute process, when.

§ 4173.

Officer to exhibit process.
Must act as court crier.

Elisors to serve process, when.

§ 4174. Other duties of.

§ 4175.

Compensation of sheriffs for transporting prisoners.

§ 4176. Compensation of sheriffs for transporting insane persons. Return by mail to another county. [Repealed.]

§ 4177.

2. Arrest and take before the nearest magistrate for examination all persons who attempt to commit, or who have committed, a public offense. 3. Prevent and suppress any affrays, breaches of the peace, riots, and insurrections which may come to his knowledge.

4. Attend all superior courts held within his county, and obey all lawful orders and directions of all courts held within his county.

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. Release on the record all attachments of real property, when the attachment placed in his hand has been released or discharged.

8. 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 when received.

9. Serve all process and notices in the manner prescribed by law.

10. Certify, under his hand, upon process or notices, the manner and time of service, or if he fails to make service, the reason of his failure, and return the same without delay.

Subd. 1. Sheriff is peace officer: See Pen. Code, § 817.

Subd. 2. Refusal of sheriff to make arrest, punishment for: See Pen. Code, § 142.

Subd. 4. Obey orders and directions to provide court-rooms: See Code Civ. Proc., § 144.

Subd. 10. Return of process or notices: See post, §§ 4158-4161.

Legislation § 4157. Enacted by Stats. 1907, p. 401; same as former County Gov. Act 1897, p. 479, § 89, and embraces old § 4176 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4157 en