section prohibits him from making special deposits for the safe keeping of the public moneys. may Treasurer. 4162. Whenever an action based upon official mis- Supervisors conduct is commenced against any County Treasurer, suspend the Supervisors may, in their discretion, suspend him from office until such suit is determined, and may appoint some person to fill the vacancy. missions 4163. In case of the death of any County Treas- No comurer, his legal representatives must deliver up all offi- allowed. cial moneys, books, accounts, papers, and documents which come into their possession. No percentage must be allowed to the Treasurer on any money by him received from his predecessor in office, or from the legal representatives of such predecessor. 4164. The books, accounts, and vouchers of the Treasurer are at all times subject to the inspection and examination of the Board of Supervisors and Grand Jury. Books and Vouchers subject to inspection. must permit Auditor to examine 4165. The Treasurer must permit the County Treasurer *Judge and Auditor to examine his books and count the money in the Treasury whenever they may wish to make an examination or counting. NOTE. This provision is based upon the Act creating the efficient State Board of Examiners.-See Secs. 3422, 3424, 3428, ante. The following local and special statutes of 1872 are not presented here in full, because not general in character, and because many of them are superseded by the Codes; but the subjects on the pages given refer to County Treasurers: Alameda, salary of, p. 720; Alameda, to pay certain claims against, p. 419; Alameda, to pay road tax to Treasurer of City of Oakland, p. 4; Butte, salary of, p. 709; Colusa, Samuel Cross, to pay claim of, p. 893; El Dorado, bonds of, p. 379; El Dorado, Controller to credit with poll tax receipts, p. 911; El Dorado, Sheriff, ex officio, p. 378; Humboldt, salary of, p. 169; Inyo, to credit Bishop Creek and Round Valley School Districts with certain moneys, p. 317; Lake, Thomas Allison, to pay claim of, p. 53; Lake, when to pay certain claims against, p. his books, etc. 156; Marin, to countersign bonds for erection of Court House and Jail, p. 27; Mariposa, to pay certain moneys into General Fund, p. 899; Mendocino, to countersign bonds for erection of county buildings, p. 24; Plumas, Bond Commissioner, to be, p. 770; Sacramento, Samuel Cross, to pay claim of, p. 893; Sacramento, duties under Act for further reclamation of Swamp Land Districts Fifty and Fifty-four, pp. 881-885; San Bernardino, salary of, p. 495; San Diego, duties of, pp. 196, 197; San Francisco, funded debt, duty in relation to, p. 909; San Francisco, J. M. Kane, to pay claim of, p. 118; San Francisco, Montgomery Avenue, duties concerning opening of, pp. 911-924; San Francisco, relative to duties of, in open canal through Channel street and Mission Creek, pp. 926-939; San Francisco, Revenue Fund Commissioner, to be, p. 773; San Joaquin, J. G. Jenkins, to pay claim of, p. 859; San Joaquin, salary and fees of, p. 874; San Joaquin, Swamp Land District Seventeen, duties in relation to, pp. 906–908; San Joaquin, transfer from certain funds to General School Fund, p. 361; San Luis Obispo, to keep account of certain moneys, p. 91; Santa Barbara, bonds, county, duties regarding, pp. 56-58; Santa Barbara, bonds, school, relative to, p. 123; Santa Barbara, to keep account of certain moneys, p. 91; Santa Clara, bonded indebtedness of, duty in relation to refunding of, pp. 896-899; Siskiyou, Indian Fund, transfer of to School Fund, p. 418; Siskiyou, Relief Fund, to pay warrants drawn on, p. 32; Siskiyou, School Funds, transfer of, p. 81; Stanislaus, Court House and Jail, duties concerning bonds issued for erection of, pp. 40-43; Stanislaus, salary of, p. 183; Sutter, Samuel Cross, to pay claim of, p. 893; Sutter, Swamp Land Fund, to transfer to Court House Fund, pp. 320, 321; Ventura, bond of, p. 488; Ventura, salary of, p. 489; Yolo, Samuel Cross, to pay claim of, p. 893; duties of concerning assessment of animals, p. 754; to give notice of payments due for reclamation purposes, p. 840; fees for collection of assessments for reclamation purposes, p. 841; to pay into State Treasury money received on swamp lands in certain districts, p. 873. ARTICLE IV. SHERIFF. SECTION 4175. "Process" and "notice" defined. 4176. Duties of Sheriff. 4177. Service and execution of process. 4178. Return primary evidence. 4179. Penalty for non-return of process, etc. 4180. Liable for refusing to levy. 4181. Damages for refusing to pay over money. 4182. Liable for permitting an escape. 4183. Liable for a rescue. 4184. No action for escape or rescue after recapture. 4185. Direction to Sheriff must be in writing. 4186. When office of Sheriff deemed vacant. 4187. When Sheriff justified in executing process. 4188. Officer to exhibit process. 4189. Sheriff to act as crier. 4190. Service on Sheriff, how made. 4191. Coroner to execute process when Sheriff is a party. 4192. Elisors to act in cases designated. 4193. Other duties. and defined. 4175. "Process," as used in this Article, includes "Process" all writs, warrants, summons, and orders of Courts of notice" justice or judicial officers. "Notice" includes all papers and orders (except process) required to be served in any proceeding before any Court, Board, or officer, or when required by law to be served independently of such proceeding. 4176. 66 NOTE.-See note to Sec. 220, ante, and note to Sec. 4187, post; also, Secs. 920-926, ante, and notes, and Secs. 1014–1016, ante, as to delivery of office books, etc., to successor. See duties of as Tax Collector," Title IX, ante; "Revenue" and "Licenses," Secs. 3356-3364, 3376–3387, ante, and notes. Sheriff, as Tax Collector, to give bond for each office.-People vs. Ross, 38 Cal., p. 76. The Sheriff mast: 1. Preserve the peace; 1 2. Arrest and take before the nearest magistrate, for examination, all persons who attempt to commit or who have committed a public offense; Duties of Same. Service and execution 3. Prevent and suppress all affrays, breaches of the peace, riots, and insurrections which may come to his knowledge; 4. Attend all Courts, except Justices', Probate, and Police Courts, at their respective terms, held within his county, and obey their lawful orders and directions; 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. 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 of reception; 8. Serve all process and notices in the manner prescribed by law; 9. Certify under his hand upon process or notices the manner and time of service, or, if he fails to make service, the reasons of his failure, and return the same without delay. NOTE.-Subd. 1.-See Penal Code Cal., Sec. 817. Sheriff is a peace officer. Subd. 2.-Refusing to arrest, how punished.—Id., Sec. 142. See other duties prescribed in the Penal Code and Code of Civ. Pro., under appropriate heads. 4177. When process or notices are returnable to of process. another county, he may inclose such process or notice in an envelop, addressed to the officer from whom the same emanated, and deposit it in the Post Office, prepaying postage. Return primary 4178. The return of the Sheriff upon process or evidence. notices is primary evidence of the facts in such return stated. NOTE.-Return of a Sheriff, how to be construed.Moore vs. Martin, 38 Cal., p. 438. This case may also be consulted on the subject of a Sheriff's deed. non-return etc. 4179. If the Sheriff does not return a notice or Penalty for process in his possession with the necessary indorse- of process, ment thereon without delay, he is liable to the party aggrieved for the sum of two hundred dollars and for all damages sustained by him. 4180. If the Sheriff to whom a writ of execution Liable for refusing to is delivered neglects or refuses, after being required levy. by the creditor or his attorney, 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. NOTE.-Sheriff is liable to owner, not judgment debtor, whose property he sells wrongfully to its full value. Spencer vs. Long, 39 Cal., p. 700. 4181. 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 his 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. 4182. 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 was 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 judg ment, 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; 27-VOL. II. Damages to pay over for refusing money. Liable for an escape. permitting |