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acted March 12, 1872; repealed by Stats. 1907, p. 354; embraced in present § 4114, ante.

§ 4158. Process and notices. When process or notices are returnable to another county, he may inclose such process or notice in an envelope, addressed to the officer from whom the same emanated, and deposit it in the post-office, prepaying postage.

Legislation § 4158. Enacted by Stats. 1907, p. 402; same as former County Gov. Aet 1897, p. 480, $ 90, and old § 4177 (enacted March 12, 1872; repealed by Stats, 1907, p. 354). Original § 4158 enacted March 12, 1872; repealed by Stats. 1907, p. 354.

§ 4159. Return of, on process. The return of the sheriff upon process or notices is prima facie evidence of the facts in such return stated.

Prima facie evdience, defined: See Code Civ. Proc., § 1833.

Legislation & 4159. Enacted by Stats. 1907, p. 402; same as former County Gov. Act 1897, p. 450, $ 91, and old § 4178 (enacted March 12, 1872; amended by Code Amdts. 1873–74, p. 57; repealed by Stats. 1907, p. 354). Original g 4159 enacted March 12, 1872; repealed by Stats. 1907, p. 354; embraced in present § 4115, ante.

§ 4160. Liability of. If a sheriff does not return a process or notice in his possession, with the necessary indorsement thereon, without delay, he is liable to the party aggrieved for the sum of two hundred dollars, and for all damages sustained by him.

Legislation § 4160. Enacted by Stats. 1907, p. 402; same as former County Gov. Act 1897, p. 480, $ 92, and old § 4179 (enacted March 12, 1872; repealed 'by Stats. 1907, p. 354). Original $ 4160 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4116 ante.

§ 4161. Neglect, or refusal to execute writ, penalty of. If the sheriff to whom a writ of execution is delivered neglects or refuses, after being required by the creditor or his attorney, the fees having 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.

Sheriff's duty to execute process: See post, $ 4168.
Sale without notice, liability of officer for: See Code Civ. Proc., $ 693.
Resale, limit of liability of officer: See Code Civ. Proc., $$ 695, 697.

Indemnity bond may be required by sheriff where property claimed by third person: See Code Civ. Proc., $ 689.

Legislation § 4161. Enacted by Stats. 1907, p. 402; same as former County Gov. Act 1897, p. 480, $ 93, and substantially same as old § 4150 (enacted March 12, 1872; repealed by Stats. 1907, p. 351). Original § 1161 enacted March 12, 1872; repealed by Stats. 1907, p. 351; em. braced in present $ 4117, ante.

§ 4162. Neglect or refusal to pay over money, penalty of. 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.

Vacancy in office for failure to pay over money: See post, § 4167.

Legislation § 4162. Enacted by Stats. 1907, p. 402; same as former County Gov. Act 1897, p. 180, § 94, and old $ 4181 (enacted March 12, 1872; repealed by Stats. 1907, p. 351). Original § 1162 enacted March 12, 1872; repealed by Stats. 1907, p. 351; embraced in present g +118, ante.

§ 4163. Liable for escape of prisoners. A sheriff who suffers the escape of a person arrested in a civil action, without the consent or connivance of the party in whose behalf the arrest or imprisonment is made, is liable as follows:

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.

Persons arrested in civil action in justice's court: Code Civ. Proc., $8 864, 865.

Witness, exemption of, from arrest: Code Civ. Proc., 8 2069.
Escapes of criminal offenders: Pen. Code, $$ 105–110.
Subd. 1. Liability as bail: Code Civ. Proc., $ 501.

Subd. 3. Commitment or attachment for contempt, detention of: Code Civ. Proc., § 1214.

Legislation § 4163. Enacted by Stats. 1907, p. 402; same as former County Gov. Act 1897, p. 480, $ 95, and old § 4182 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Origi § 4163 enacted March 12, 1872; repealed by Stats. 1907, p. 354; first sentence embraced in present g 4119, ante.

§ 4164. Liable for rescue of prisoners. He is liable for the rescue of a person arrested in a civil action, equally as for an escape.

Liability for rescue: See Code Civ. Proc., $ 501.
Rescue of prisoners: See Pen. Code, $ 101.

Legislation § 4164. Enacted by Stats. 1907, p. 403; same as former County Gov. Act 1897, p. 480, $ 96, and old § 4183 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4164 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4120, ante.

§ 4165. When not liable. An action cannot be maintained against the sheriff for a rescue, or for an escape of a person arrested 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.

Legislation § 4165. Enacted by Stats. 1907, p. 403; same as former County Gov. Act 1897, p. 480, $ 97, and old § 4184 (enacted March 12, 1872; repealed by Stats. 1907, p. 351). Original § 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. 351; except that the examining officers are different, similar to present § 4125, ante.

$ 4166. Authority to execute a process, must be in writing. No direction or authority by a party or his attorney to a 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 attorney of the party, or by the party, if he has no attorney.

Legislation § 4166. Added by Stats. 1907, p. 403; same as former County Gov, Act 1897, p. 481, $ 98, and old § 4185 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4167. When office of, vacant. When the sheriff is committed, under an execution or commitment, for not paying over money received by him by virute of his office, and remains committed for sixty days, his office is vacant.

Legislation § 4167. Added by Stats. 1907, p. 403; same as former County Gov. Act 1997, p. 481, $ 99, and old $ 4186 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4168. Must execute order. A sheriff or other ministerial officer is justified in the execution of, and must execute, all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued.

Legislation § 4168. Added by Stats. 1907, p. 403; same as former County Gov. Act 1897, p. 481, $ 100, and old § 4187 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4169. Officer to exhibit process. The officer executing process must then, and at all times subsequent, so long as he retains it, upon request, show the same, with all papers attached, to any person interested therein.

Legislation § 4169. Added by Stats. 1907, p. 403; same as former County Gov. Act 1897, p. 481, § 101, and old § 1188 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4170. Must act as court crier. The sheriff in attendance upon court must 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.

Legislation § 4170. Added by Stats. 1907, p. 403; same as former County Gov. Act 1897, p. 481, § 102, and old § 4189 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4171. Service of process upon. 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 be there, by leaving it in a conspicuous place in the office. When any process remains with the sheriff unexecuted, in whole or in part, at the time of his death, resignation of office, or at the ex. piration of his term of office, said process shall be executed by his suc. cessor or successors in office; and when the sheriff sells real estate, under and by virtue of an execution or order of court, he or his 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 the pur. pose, and such deeds and conveyances shall be as valid in law as if they had been executed by the sheriff who made the sale.

Legislation § 4171. Added by Stats. 1907, p. 403; same as former County Gov. Act 1897, p. 481, § 103, and embraces old § 4190 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4172. Coroner to execute process, when. 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; provided, when any action is begun against the sheriff, all process and orders may be served by any person, a citizen of the United States over the age of eighteen years, in the manner provided in the Code of Civil Procedure. Legislation § 4172. Added by Stats. 1907, p. 103; same

as former County Gov. Act. 1897, p. 481, § 104, and embraces old § 4191 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4173. Elisors to serve process, when. Process or orders in an action or proceeding may be executed by a person residing in the county, desig. nated by the court, or the judge thereof, and denominated an elisor, in the following cases:

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 where 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. Whenever process is executed, or any act performed by a coroner or elisor, in the cases provided by law in that behalf, such coroner or elisor shall be entitled to receive a reasonable compensation, to be fixed by the court, to be paid by the plaintiff in case of the summoning of jurors to complete the panel, and by the person or party requiring the service in all other cases in private action. If rendered at the instance of the people, it shall be audited and paid as a county charge.

Legislation § 4173. Added by Stats. 1907, p. 404; same as former County Gov. Act. 1897, p. 481, $ 105, and embraces old § 4192 (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).

§ 4174. Other duties of. The sheriff must perform such other duties as are required by law.

Other duties of sheriff:

Auctioneer, ex officio, when: Ante, 3291.
Courts-martial, to serve process of: Ante, $ 2084.

Criminal cases, duty of, in: See Pen. Code $$ 1216, 1601, 1602, 1609, 1611.

Insane asylum, to deliver persons to: Ante, $ 2172.
Jurors, to summon: Code Civ. Proc., $$ 225-227.
Law, not to practice: Post, $ 4316.

Legislature, to serve notice of contest of election on member of:
Ante, $ 276.

Licenses, duty of, as to: See ante, § 3387.
Lumber, floating, to dispose of: Ante, $ 2391.
Must have office at county seat: Post, $ 4312.
Public lands, to remove intruder on: Ante, § 42.
Supervisors, board of, to attend meetings of: Ante, $ 4036.

Wrecked property, duty of, as to: Ante, 88 2403, 2404, 2406, 2107, 2408, 2412, 2415, 2417.

Sheriff, badge of office for himself and deputies to be provided by county boards of supervisors: See ante, $ 4046.

Legislation § 4174. Added by Stats. 1907, p. 404: same as former County Gov. Act 1897, p. 482. $ 106, and old § 4193 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4175. Compensation of sheriffs for transporting prisoners. There shall be allowed by the state board of examiners, to the sheriff, to be retained by him for his own use, for delivering a prisoner to either of the state prisons, actual expenses and five dollars per diem for the time necessarily consumed in delivering such prisoner.

Legislation 4175. Enacted by Stats. 1907, p. 404; taken from Stats. 1885, p. 126, c. 136, § 1, as amended by Stats. 1889, p. 200, c. 115, $ 1. Original § 4175 enacted March 12, 1872; repealed by Stats. 1907, p. 354; substantially same as present § 4319, post.

§ 4176. Compensation of sheriffs for transporting insane persons. There shall be allowed by the state board of examiners to the sheriff, to be retained by him for his own use, unless otherwise provided in this title, for delivering any insane person to either of the state hospitals for the care and treatment of the insane, his actual expenses and the same per diem as is allowed in the preceding section.

Legislation § 4176. Enacted by Stats. 1907, p. 401; taken from Stats. 1885, p. 126, c. 136, § 2, as amended by Stats. 1889, p. 200, c. 145, § 2. Original $ 4176 enacted March 12, 1872; repealed by Stats. 1907, p. 354; embraced in present $ 4157, ante.

§ 4177. Return by mail to another county. [Repealed 1907; Stats. 1907, p. 354.)

Legislation § 4177. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1907, p. 354; same as present $ 4158, ante.

ARTICLE V. The County Clerk. $ +178. Duties of.

§ 4179. Other duties of. § 4178. Duties of. 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 superior court, and attend each session thereof, and upon the judge at chambers, when required.

3. Issue all process and notices required to be issued; enter a synopsis of all orders, judgments, and decrees proper to be entered, unless the court shall order them to be entered at length; keep in the superior court a docket, in which must be entered the title of each cause, with

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