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the date of its commencement; a memorandum of every subsequent proceeding therein, with date thereof and a list of all the fees charged.

4. Keep for the superior court an index of all suits, labeled "General Index-Plaintiffs," each page of which must be divided into seven columns, under their respective heads, alphabetically arranged, as follows: "Number of Suits," "Plaintiffs," "Defendants," "Date of Judgment," "Number of Judgment," "Page of Entry of Judgment in Judgment-book," "Page of Minute-book"; also an index, labeled "General Index-Defendants," each page of which must be divided into seven columns, under their respective heads, alphabetically arranged as follows: "Number of Suits," "Plaintiffs," "Defendants," "Date of Judg. ment," "Number of Judgment," "Page of Entry of Judgment in Judgment-book," "Page in Order-book"; keep an index of the names of persons naturalized.

5. Keep as one of the records of his office a volume labeled "Bond and Surety Companies," each page of which must be divided into six columns appropriate to enter therein:

(1) The name of corporations engaged in this state in the business of making, guaranteeing, or becoming a surety upon bonds or undertakings required or authorized by law;

(2) The name of the state, territory, or country under whose laws such corporation is organized;

(3) The date of certificate of authorization to such corporation to do business in this state;

(4) The date of surrender, revocation, cancellation, annulment, or suspension of such certificate;

(5) The date of the new authority to do business in this state; (6) And one blank column.

And must enter in said volume the names of such corporations alphabetically arranged and any facts concerning such corporations certified to such county clerk by the insurance commissioner of this state.

6. Keep such other indices as may be required in the performance of the duties of his office.

Clerk of court:

As such, to certify facts of contest of title to office: Ante, § 937. Not to make public divorce and attachment papers, when: Ante, § 1032.

County clerk:

May issue exempt fire certificates: See ante, § 3339.

Election for removal of county seat, statement of result to be deposited in office of: See ante, § 3983.

To take affidavits of pension claimants without charge: See General Laws, tit. "County Clerks," Act 829. See also post, § 4302.

Legislation § 4178. Enacted by Stats. 1907, p. 404; embraces matter in former County Gov. Act 1897, p. 482, § 107, and old § 4204 (enacted March 12, 1872; amended by Code Amdts. 1880, p. 102; repealed by Stats. 1907, p. 354). Original § 4178 enacted March 12, 1872; amended by Code Amdts. 1873-74, p. 57; repealed by Stats. 1907, p. 354; same as present § 4159, ante.

§ 4179. Other duties of. He must keep such other records and perform such other duties as are prescribed by law.

Other duties of county clerk:

Contested elections, in: Ante, §§ 274, 275, 281.

Divorce and attachment papers, not to make public: Ante, § 1032. Elections, duties as to: Ante, §§ 1094 et seq., 1264-1268, 1284, 1287, 1289, 1293, 1308, 1310.

Ex officio sealer of weights and measures, as: Ante, §§ 562-564, 566. 567.

Index names of aliens making declarations of intention: See Gen. Laws, tit. "Aliens."

Law, not to practice: See post, § 4316.

Official bonds, as to: Ante, §§ 800, 950, 986.

Legislation § 4179. Enacted by Stats. 1907, p. 405; same as former County Gov. Act 1897, p. 482, § 108, and old § 4205 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4179 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4160, ante.

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§ 4180. Duties of. The official reporter shall perform the duties required of him by law, and such as may be prescribed in this title.

Legislation § 4180. Enacted by Stats. 1907, p. 405. Original § 4180 enacted March 12, 1872; repealed by Stats. 1907, p. 354; substantially same as present § 4161, ante.

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§ 4184.

§ 4181.

Coroner must act as, when.

No action for escape or rescue after return or recapture. [Repealed.]

Duties of. The public administrator must perform such duties as are prescribed in chapter thirteen, title eleven, part three, of the Code of Civil Procedure, and shall perform such other duties as are required by law.

Public administrator: See Code Civ. Proc., §§ 1726-1744.
Legislation § 4181.

Enacted by Stats. 1907, p. 406; substantially same as former County Gov. Act 1897, p. 492, § 151, and old § 4303 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4181 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same present § 4162, ante.

as

§ 4182. Must keep register. It shall be the duty of the public adminis trator to keep a book, to be labeled "Register of Public Administrator," in which he shall enter the name of every deceased person on whose estate he shall administer, the date of granting letters, money received, the property appraised and its value, proceeds of all sales of property, the amount of his fees, the expenses of administration, the amount of estate after all charges and expenses have been paid, the disposition of property on distribution, the date of discharge of administrator, and such other matters as may be necessary to give a full and complete history of each estate administered by him. The publication of the semi-annual

report required to be made by the public administrator shall be a county charge.

Legislation § 4182. Enacted by Stats. 1907, p. 406; same as former County Gov. Act 1897, p. 492, § 152. Original § 4182 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4163, ante.

§ 4183. Coroner must act as, when. If the public administrator of any county fails to qualify or in person fails to perform the duties of his office the coroner of such county shall be ex officio public administrator, and in case both the public administrator and the coroner fail to qualify or to perform the duties appertaining thereto the board of supervisors shall appoint a suitable person as public administrator; and all laws applicable to the qualification, powers, duties and compensation of public administrators shall apply to the coroner or appointee of such board.

Legislation § 4183. Enacted by Stats. 1907, p. 406; taken from Stats. 1871-72, p. 796, c. 550, § 1. Original § 4183 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4164, ante.

§ 4184. No action for escape or rescue after return or recapture. [Repealed 1907; Stats. 1907, p. 354.]

Legislation § 4184. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1907, p. 354. Same as present § 4165, ante.

ARTICLE VIII.

The Justice's Court.

§ 4185. Duties of justice of the peace.

§ 4186. Same. Must post statement of fees in his office.

§ 4185. Duties of justice of the peace. Justices of the peace must perform such duties as are prescribed in title eleven, part two, of the Code of Civil Procedure, and such other duties as are prescribed by law. Justice of the peace and justices' courts in general: See Code Civ. Proc., §§ 110-115.

Proceedings in justices' courts: See Code Civ. Proc., §§ 832-926. Legislation § 4185. Enacted by Stats. 1907, p. 406; same as former County Gov. Act 1897, p. 492, § 155, and old § 4316 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4185 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4166, ante. § 4186. Same. Must post statement of fees in his office. It shall be the duty of each justice of the peace to prepare, and keep posted in a conspicuous place in his office, a plain and legible statement of the fees allowed by law to justices of the peace and constables, upon pain of forfeiting, for failure so to do, fifty dollars, to be recovered, with costs, by any person, before any other justice of the peace of the county.

Legislation § 4186. Enacted by Stats. 1907, p. 406; same as former County Gov. Act 1897, p. 575, § 224. Original § 4186 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4167, ante.

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§ 4188.

§ 4189.

Certain sections applicable to constables.
Duties of constables.

§ 4187. Duties of constables. Constables must attend the courts of justices of the peace within their township whenever so required, and within their counties execute, serve and return all writs, processes and notices directed or delivered to them by justices of the peace of such county or by competent authority. Constables shall charge and collect for their services such fees as are now or may hereafter be allowed by law; provided, that whenever a pound district has been created under the laws of the state of California by the board of supervisors of any county, and no poundmaster has been appointed for such district, or when appointed has not qualified as such, the constable shall perform the duties of the poundmaster in districts in the township for which he has been elected, and shall collect for his services such fees as are now or may hereafter be allowed by law to poundmasters. [Amended 1913; Stats. 1913, p. 1103.]

Fees of constables: See post, § 4300d.

Justices' courts: See Code Civ. Proc., §§ 85-115, 832-926.

Legislation § 4187. 1. Enacted by Stats. 1907, p. 406; same as former County Gov. Act 1897, p. 492, § 153, but omitting proviso, and embracing old § 4314 (enacted March 12, 1872; amended by Code Amdts. 1880, p. 103; repealed by Stats. 1907, p. 354). 2. Amended by Stats. 1909, p. 768. 3. By Stats. 1913, p. 1103. Original § 4187 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4168, ante.

§ 4188. Certain sections applicable to constables. All provisions of sections forty-three hundred and nineteen, forty-one hundred and fiftyseven, forty-one hundred and fifty-eight, forty-one hundred and fiftynine, forty-one hundred and sixty, forty-one hundred and sixty-one, forty-one hundred and sixty-two, forty-one hundred and sixty-three, forty-one hundred and sixty-four, forty-one hundred and sixty-five, fortyone hundred and sixty-six, forty-one hundred and sixty-seven, forty-one hundred and sixty-eight, forty-one hundred and sixty-nine, forty-one hundred and seventy, forty-one hundred and seventy-one, except the fourth and sixth subdivisions of section forty-one hundred and fiftyseven, apply to constables, and govern their powers, duties, and liabilities.

Legislation § 4188. Enacted by Stats. 1907, p. 407; substantially same as former County Gov. Act 1897, p. 492, § 154, and old § 4315 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4188 enacted March 12, 1872; repealed by Stats. 1907, p. 354; same as present § 4169, ante.

§ 4189. Duties of constables. All writs, notices or other process issued by justices or justices' courts in civil actions or proceedings, if served within the township where issued, must not be served by any constable other than the duly elected, qualified and acting constable or constables of said township.

Legislation § 4189. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1907, p. 354. Same as present § 4170, ante. 3. Present section enacted 1911, p. 86.

ARTICLE X.

The Law Library.

§ 4190. How established and governed; fund for, created.

§ 4190a. Law library fund.

$4191. For what purposes fund for may be used.

Trustees of, managers of board of.

Trustees of, how constituted.

Trustees to serve without compensation.

Duties of auditor and treasurer on demand of trustees.
Trustees of, annual report of.

4192.

§ 4193.

§ 4194.

§ 4195.

Trustees, duties and powers of.

§ 4196.

§ 4197.

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§ 4199. $4200. § 4201. § 4202.

§ 4203. § 4204.

§ 4205.

Trustees, meeting and officers of.
Who entitled to privileges of.

Secretary of state to furnish publications to.

Librarian of supreme court library to furnish duplicates of books

to.

Repeal of certain laws. Limitations on effect of this article.
May be discontinued, how.

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§ 4190. How established and governed; fund for, created. On the commencement in, or removal to, the superior court of any county in this state of any civil action, proceeding, or appeal, on filing the first papers therein, the party instituting such proceeding, or filing the said first papers, and thereafter any defendant or respondent or adverse party, or intervening party, on his first appearance therein (or any number of such defendants or respondents or adverse parties appearing jointly therein), shall pay to the clerk of said court (in addition to fees fixed by law), the sum of one dollar as costs, for a fund which shall be designated as the "law library fund," to be expended in the purchase of law books and periodicals, and in the establishment and maintenance of a law library at the county seat of said county, which law library shall be governed and controlled, and said fund be expended by the board of trustees hereinafter provided.

Legislation § 4190. Enacted by Stats. 1907, p. 407; a codification of Stats. 1891, p. 430, c. 225, § 1. Original § 4190 enacted March 12, 1872; repealed by Stats. 1907, p. 354; embraced in present $4171, ante.

§ 4190a. Law library fund. The boards of supervisors of the several counties of this state are hereby authorized at their discretion to set apart each month from the fees collected by the county clerks in addition to the fund now provided for by law, a sum not exceeding one hundred dollars in any one month, to be paid by the county clerk into the "law library fund" designated in section 4190 of this code and when so paid into said fund the same shall constitute a part thereof and be used for the same purpose as said fund is now used.

Legislation § 4190a. Added by Stats. 1915, p. 216.

§ 4191. For what purposes fund for may be used. All moneys collected as provided in the preceding section shall be paid by said clerk into the hands of the treasurer of his county, who shall keep the same separate and apart in the "law library fund," and shall be drawn there

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