Liable for a rescue. No action for escape or rescue after 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. 4183. He is liable for a rescue of a person arrested in a civil action, equally as for an escape. 4184. An action cannot be maintained against the Sheriff for a rescue, or for an escape of a person arrecapture. rested 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. Direction to Sheriff writing. 4185. No direction or authority by a party or his must be in 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. NOTE.-See Crocker on Sheriffs, p. 165; 2 Caines, p. 243; 4 Johns., p. 450; see note to Sec. 4187, post. When office of Sheriff deemed vacant. When executing process. 4186. When the Sheriff is committed under an execution or commitment, for not paying over money received by him by virtue of his office, and remains committed for sixty days, his office is vacant. 4187. A Sheriff, or other ministerial officer, is justified in 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. NOTE. "His (Sheriff's) duties are entirely executive or ministerial, in which capacity he may be said to execute the laws of the State."-Chief Justice Murray, in Merrill vs. Gorham, 6 Cal., p. 42; People vs. Phoenix, 6 id., p. 92. In the case of Krum vs. King, 12 Cal., 4188. 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. Officer to process. exhibit act as crier. 4189. The Sheriff in attendance upon Court must Sheriff to 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. 4190. 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 is there, by leaving it in a conspicuous place in the office. 4191. 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. Service on how made. Sheriff. Coroner to process execute when Sheriff is a party. Elisors to act in cases 4192. Process and orders in an action or proceed designated. ing may be executed by a person residing in the county, designated by the Court, the Judge thereof, or a County Judge, and denominated an Elisor, in the following cases: Other duties. 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 when 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. NOTE.-Stats. 1857, p. 323, Sec. 1. 4193. The Sheriff must perform such other duties as are required of him by law. NOTE. For duties with regard to revenue, see Title IX, ante; and “Licenses,” Secs. 3356–3287, ante, and notes. See following references to sections of the Penal Code Cal. for penalties and duties of Sheriff; suffering convicts to escape, Sec. 108; refusing to receive or arrest parties accused of crime, id. 142; duty of, on receiving copy of judgment of imprisonment, id. 1216; warrant for execution of death sentence to be delivered to, id. 1217; duty of, at execution of death sentence, id. 1229; duty of, after execution of death sentence, id. 1230; to receive prisoners committed by U. S. Courts, id. 1601; answerable for safe keeping of such, id. 1602; papers served on, for prisoner, id. 1609; to receive all persons duly committed, id. 1611; when not to receive prisoners, id. 1612; neglect of official duty, id. 176. Also, the following sections of the Code of Civil Procedure of Cal.: To provide Court room, Sec. 144; proof of service of summons, Sec. 415; liable for escape, Sec. 501; for selling on execution without notice, Sec. 693; on a resale under execution, Sec. 697; how to keep party arrested on Justice process, Sec. 865; notify plaintiff of ARTICLE V. COUNTY CLERK. SECTION 4204. Duties of County Clerk. 4205. Other duties. 4204. 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 District, County, and Probate Courts, and attend each term thereof, and upon the Judges at Chambers when required. 3. Issue all process and notices required to be issued; enter all orders, judgments, and decrees proper to be entered; keep in each Court a docket, in which must be entered the title of each cause, with the date of its commencement, a memorandum of every subsequent Duties of County Same. Other duties. proceeding therein, with the date thereof, and a list of all the fees charged. 4. Keep for the District and County Courts, in separate volumes, an index of all suits, labeled "General Index-Plaintiffs," each page of which must be divided into seven columus, under their respective heads, alphabetically arranged as follows: "Number of suit," "Plaintiffs," "Defendants," "Date of judg ment,” “Number of judgment," "Page of entry of judgment in Judgment Book," "Page of Minute Book of District Court;" 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 suit," "Defendants," "Plaintiffs," "Date of judg ment," "Number of judgment," "Page of entry of judgment in Judgment Book," "Page in Order Book of District Court." NOTE.-See Penal Code Cal., Secs. 71, 176; Secs. 220, 920-926, 1014-1016, ante, and notes, and note to Sec. 4205, post. 4205. He must keep such other records and perform such other duties as are prescribed by law. NOTE.-See Penal Code Cal.-To prepare calendar, Sec. 1047; transmit appeal papers without charge, Sec. 1246; and other duties, see index, id. See Code Civil Procedure Cal.-To take testimony, Sec. 1051; indorse complaint, id. 406; register action, id. 1052; in contest of election, id. 1118; confession of judgment, id. 1134; submitting action to arbitrators, id. 1283; certify copy of verdict in mandamus case, id. 1093; return to writ of review, id. 1070; invest what proceeds in his name, id. 789-791; summons, id. 407; and other references in index, id. Clerk of Probate Court-certificate of probate of will-record.-Code Civ. Pro. Cal., Sec. 1318; letters of administration, id. 1356, 1371, 1373, 1384, 1387, 1412, 1684, 1773; citation, id. 1384; certify transcript of appointment, id. 1429; subpœnas, etc., id. 1707, 1708; register claims, id. 1497; and other references in the index, id. Civil Code Cal.-License to marry, Sec. 69; certify acknowledgment, Sec. 1194; |