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2. He must take care of and keep the county jail and its prisoners.
3. He, or some deputy appointed by him, must attend every session of the superior court, and execute its lawful orders. If the court issues a warrant for the arrest of any person, the sheriff must, if possible, arrest him;? when men are wanted in court for jury service, he must summon them to appear; if the court orders private property sold to satisfy a debt, or seized and held under attachment to enforce the payment of a debt, he must execute the order.
Many orders of the court, such as summonses, subpænas, and injunctions, may be served by private persons in whose favor they are issued, but the sheriff may be required to serve them in case resistance of any kind is encountered.
4. He must execute in his county such orders as may be issued to him by the courts of other counties of this state; and although not compelled to do so, he makes arrests, and serves summonses and other process, in his county on the orders of the United States courts, or the courts of other states.
5. He must pay any money that comes into his possession by virtue of his office to such person or persons as the order of the court may direct, and must account for the same to the court.
55. Duties of Constables.? — Each judicial township elects as many constables as justices of the peace. They are elected at county elections for terms of four years, and receive fees for their services, except in some few counties where they receive definite salaries. Constables are peace officers. They assist the sheriffs of their respective counties in maintaining order. In the absence of the sheriff, the constable has all the powers conferred by law upon the sheriff as a peace officer. The constables must attend the sessions of their respective township courts, and, when required to do so, must serve and execute within their respective counties, the summonses, writs, and other process issued by such courts. When called upon to do so, they also execute the orders of other state and national courts; but no constable may execute the order of a township court in the township in which it was issued unless he is the constable of that township.
1 When armed with a warrant, he may pursue the person against whom it is issued to any part of the state; but he must have the warrant indorsed by a judge or justice of the peace in the county, other than his own, in which the arrest is made.
2 Political Code, 4187 seq.
3 San Francisco has five justices of the peace, but no constables. Other townships have one or two of each, except Los Angeles township, which has four.
56. Duties of the District Attorney 1-1. The district attorney is the public prosecutor of the county. It is his duty to investigate every public offense committed in his county, and to prosecute before the courts all persons against whom he has evidence of guilt.
2. He must act as attorney for the county in any civil suit in which the county is a party, either as plaintiff or defendant. He must also act as attorney for the state in any civil suit brought by or against the state in the courts of his county.
3. He must "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.”
4. He must attend meetings of the grand jury when it is investigating crimes that have been committed, and he draws all indictments.
1 Political Code, $ 4153. The district attorney is the county attorney. One must not be confused by the word district.
5. Four times each year he must file with the auditor an account of all money received by him in his official capacity, and must pay the same to the treasurer.1
67. Duties of the Public Administrator.2 - When a person dies, it is the intention of the law that his property shall be distributed according to his will; that it shall pass to his lawful heirs if he leaves no will; or that it shall pass to the state if he leaves no will and no heirs.
The one who sees that the terms of a will are carried out is called the executor of the will. He is usually nominated in the will, but he is not the legal executor until he is appointed by the superior court. Within thirty days after the death of the person making the will, the will must be filed for probate with the clerk of the court. Whe is probated, — that is, approved or accepted by the court, the court appoints as executor the person nominated in the will, unless he is shown to be an incompetent person. “ Letters testamentary” are issued to him, authorizing him to take charge of the estate, collect all money due the deceased, pay his debts, and distribute the property according to the will. He must, at stated times, designated in the law, report to the court; and must render a final account when his work as executor is complete.
If the judge of the court is not satisfied with the person named as executor in the will, he must appoint some one else. “Letters of administration are issued to the person appointed, and he, as administrator of the estate, must take charge of the property and distribute it according to the will.
When a person dies leaving no will, his heirs, if any appear, may ask the court to appoint one of their number, or some one else, to act as administrator of the estate. After his appointment the administrator must settle up the affairs of the deceased and distribute his property according to law, accounting to the court for all his acts in the matter.
If a person dies leaving no will and no known heirs, or if he leaves heirs and they for any reason fail to have an
1 See also Chapter XV for further information respecting the district attorney. · Code of Civil Procedure, $ 1726 seg.
administrator appointed, the public administrator must take charge of the property. He must in every case apply to the court for letters of administration, and must present to the court every six months (in January and July) a report showing in detail the condition of every estate on which he is administrating, or has administrated, since his last report. If heirs appear and establish their claim to any estate, he must turn the property over to them according to the orders of the court, or if they have an administrator appointed, he must surrender the estate into the new administrator's keeping. At the time of making his semiannual report, he must deliver to the county treasurer any money belonging to estates for which no heirs have appeared. The treasurer turns such money over to the state. Real estate belonging to deceased persons who have no heirs also escheats to the state.
58. Duties of the County Health Officer. -- The board of supervisors of every county must appoint a county health officer. His term of office is one year, and his salary is determined by the board. He must enforce, outside
. of incorporated cities and towns, all state laws and county ordinances that pertain to the public health, and all orders issued by the state board of health. The board of supervisors may also appoint deputy health officers for unincorporated towns, whose salary shall not exceed $100 a year, and who shall perform their official duties under the supervision of the county health officer. (See S8 99, 159.)
59. Duties of the Horticultural Commissioner and of the County Board of Forestry.2 — Upon the request of twenty-five owners of orchards, greenhouses, or nurseries, the board of supervisors must appoint a county horticultural commissioner, from a list of eligible persons recommended by the state board of horticultural examiners. This board consists of the state horticultural commissioner, the dean of the agricultural college at the state university, and the superintendent of the state insectory in Sacramento.
1 Political Code, 8 4225.
Statutes of 1911, page 409.
When a request for a county commissioner is presented to the supervisors, the state board of horticultural examiners, after publishing the matter throughout the county for thirty days, holds an examination in the county. A list of those who pass the examination is then certified to the supervisors, who appoint the county horticultural commissioner from the list, to serve for four years. If no one passes the examination, the examiners must, after making inquiry throughout the county, name five competent persons and from this number the supervisors must appoint the ommissioner to serve one year.
The horticultural commissioner may divide the county into districts and appoint a local inspector for each district. He may also, with the approval of the supervisors, appoint a deputy commissioner from a list recommended by the state examiners. The salary of the commissioner is six dollars for every day that he gives to the public service. The deputy receives $5, and each inspector $3.50, per day. These county officers may be appointed state quarantine guardians by the state horticultural commissioner, thus becoming a part of the state horticultural system ($ 153).
It is the duty of the horticultural commissioner and his assistants to eradicate noxious weeds and insect pests. They have power at any time to inspect any orchard, vineyard, nursery, packing house, storeroom, salesroom, or other premises; and if noxious weeds, dangerous insects, or plant diseases are found, it is their duty to order the owner or person in possession of the premises to destroy the nuisance. If he refuses or neglects to obey the order, the commissioner, or any of his appointees, must at once attend to the matter, but the expense of the work is charged as a lien against the property. The commissioner and his