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SEC. 11. He shall, with his Annual Report, transmit to the Governor all reports which he may have received from his deputies, and other persons, as mentioned in the tenth section of this act.

To deliver annu

SEC. 12. The Surveyor General shall annually, on or before the

al estimate of

suing year.

expenses for en- first day of December, deliver to the Comptroller an estimate, with specifications, of the necessary expenditures of his office during the succeeding year.

SEC. 13. He shall perform all such other and further duties as may be prescribed to him by law.

SEC. 14. In case of the death, sickness, absence from the state, removal from office, or impeachment of the Surveyor General, the Governor shall issue his proclamation, appointing the earliest practicable day for the election of a Surveyor General, to hold the office for the balance of the unexpired term; unless the death, sickness, absence from the state, removal from office, or impeachment of the Surveyor General, shall occur within six months of the close of the term for which he shall have been elected, in which case the Governor shall appoint some suitable person to act as Surveyor General until such absence or disability shall cease, or for the remainder of the said term; and the person so appointed shall take the same oath, and give the same bond, which is by law required of the Surveyor General.

Reports so obtained to be transmitted to Governor.

To perform duties required by law.

Vacancy in office -how supplied.

County Clerk ex officio Clerk of District and Probate Courts and Courts of Sessions. 2 County Clerk to take oath of office and give bonds.

CHAPTER XLIV.

AN ACT to define the duties of County Clerk. (1)—[Passed April 18, 1850.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The County Clerk of each county in this state shall be ex officio Clerk of the District Court, Court of Sessions, and Probate Court of his county. (2)

SEC. 2. Each County Clerk shall take the oath of office, and give bond to the state of California in the form prescribed by the "Act concerning the official bonds of Officers," conditioned for the faithful performance of the duties of his office. (3) The penalty of the bond

(1) Stat. 1851, page 417, Sec. 14.

(2) Stat. 1852, page 32, Sec. 64 and page 145, Sec. 3.
(3) See page 97, Sec. 1.

to be given by each County Clerk shall be as follows: In the counties of San Francisco and Sacramento, thirty thousand dollars; in the counties of Calaveras, El Dorado, and Tuolumne, twenty thousand dollars; in the counties of Monterey, Santa Clara, Los Angeles, Yuba, Sutter, San Joaquin, and Mariposa, twelve thousand dollars. In each of the other counties of the state, six thousand dollars.

may appoint

SEC. 3. Each County Clerk may appoint one or more deputies, County Clerks who shall have the same power in all respects as their principal. The deputies. appointment shall be in writing and signed by the County Clerk, and shall be filed in the office of the Recorder of the county; he may revoke the appointment of any deputy at will by writing filed in the same office. Each deputy before entering on his duties shall take the Deputies to take oath of office, which shall be endorsed on his appointment.

oath of office.

SEC. 4. The County Clerk may take from each of his deputies a County Clerk bond with sureties for the faithful performance of his duties; but the from deputies, Clerk and the sureties on his official bond shall be liable for all the their acts. official acts of each deputy.

may take bond and is liable for

SEC. 5. All processes issued by any deputy clerk shall be issued in Process issued by Deputy Clerk. the name of the principal.

SEC. 6. The County Clerk shall either by person or by deputy attend each term of the County Court, District Court, Probate Court, and Court of Sessions, held in his county.

SEC. 7. The County Clerk shall keep his office at the county seat of his county, and shall 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.

Clerk.

SEC. 8. He shall issue all writs and processes required to be issued Duties of County from any court of which he is clerk; he shall enter, under the directions of the court, all orders, judgments, and decrees proper to be entered; and shall keep in each of said courts a docket in which shall be entered the title of each cause, with the date of its commencement, a memorandum of every subsequent proceeding in said cause, with the date thereof, and a list of all the fees charged in the cause, and shall keep such other books of record as may be required by law or by the rules of the court. (1)

SEC. 9. For any wrongful act or any omission to perform any duty imposed on him by law, the Clerk shall be liable on his bond to any person injured.

(1) Stat. 1851, page 36, Sec. 6, 7, 8, 9, 10.

County Clerk or Deputy to attend each term of

court.

County Clerk's at county seat.

office to be kept

County Clerk aggrieved for

liable to party

wrongful act.

SEC. 10. If any clerk shall knowingly and wilfully do any act con- Wilfully failing trary to the duties of his office, or shall knowingly and wilfully fail

to perform du

ties a misde

meanor.

Clerks and Depu

SEC. 11. No clerk or deputy clerk shall be permitted to practise as

ties not to prac

tise as Attorney an attorney or counsellor at law in any action or proceeding in any

or Counsel.

court whatever for violating the provisions of this section he shall be deemed guilty of a misdemeanor.

Persons elected to take oath and give bonds.

to perform any act or duty required of him by law, he shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not exceeding two thousand dollars, and may be removed om office.

Laws relating to Sheriffs to apply to constable.

Failing to return process.

CHAPTER XLV.

SECTION 1. Every person elected to the office of Constable shall take the oath of office, and give bond, to be approved by the County Judge of his county, conditioned for the faithful performance of the duties of his office. The bond shall be in such penalty as the County Judge may direct, and after approval shall be filed and recorded in the office of the County Clerk.

SEC. 2. The Constable shall attend the Courts of Justices of the Peace of his township, whenever required, and within his township cesses, and serve execute all lawful orders made by them, and execute and return all

Constable to attend justices' Courts, execute orders and pro

notices.

writs and processes directed to him by such Justice, or any lawful authority; and shall serve within his township and return all notices placed in his hands for service, relating to any suit or proceeding in any court of this state. (1)

AN ACT to prescribe the duty of Constables.-[Passed April 19, 1850.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SEC. 3. In regard to the execution, service, and return of orders, writs, processes, and papers, where there are no positive provisions of law prescribing his duties, he shall be governed by the laws relating to Sheriffs, so far as they are applicable.

SEC. 4. For failing or refusing to return, as required by law, any writ or process issued by a Justice of the Peace, or any paper connected with any suit or proceeding before such Justice, he shall be liable to pay the party at whose instance the suit or process has issued, or for whom the paper is to be served, the sum of fifty dollars, to be

(1) Stat. 1852, page 68, Sec. 3, and page 111, Sec. 26.

recovered of him and his sureties, by motion, before a Justice of the Peace of his township; five days notice of the motion having been given.

levy and sell on

SEC. 5. If any Constable to whom any writ of execution shall have Neglecting to been delivered shall neglect or refuse, after being required by the execution. creditor, his agent or attorney, to levy upon or sell any property of the defendant which is liable to be levied upon and sold, he and the sureties in his bond shall be liable to the creditor for the value of such property.

over moneys

SEC. 6. If any Constable shall neglect or refuse to pay over any Neglecting to pay money in his hands, which he has collected or received in his official received. capacity, when demanded by the person entitled thereto, the amount thereof, with thirty-five per cent. damages, and interest at the rate of

ten per cent. per month from the time of demand, may be recovered

from such Constable and his sureties, as provided in the fourth section of this act.

form any official

SEC. 7. For any official act, or any omission to perform any duty Failing to perrequired of him by law, the Constable shall be liable on his bond to act any person injured.

the peace.

SEC. 8. Constables shall be conservators of the peace within their Conservators of respective townships.

SEC. 9. Any Constable who shall be guilty of any manifest and Penalty for wilful negligence, wilful negligence, or shall in the administration, or under color of his etc. office, be guilty of any oppression or wrongful act, shall, upon conviction, be fined in any sum not exceeding two thousand dollars.

as attorney, etc.

SEC. 10. No Constable shall be permitted to practise as an Attor- Not to practise ney or Counsellor at law before the Court of any Justice of the Peace of his township. For violating the provisions of this section, he shall be deemed guilty of a misdemeanor.

CHAPTER XLVI.

AN ACT concerning Coroners. (1)—[Passed April 19, 1850.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

office, etc.

SECTION 1. Every person who may be chosen Coroner of any county, To take oath of shall, before he enters upon the discharge of the duties of his office, take the oath of office prescribed by the constitution of this state, and give bond in the sum of five thousand dollars.

(1) See Stat. 1851, page 417, Sec. 14.

To perform duties of Sheriff.

Acting as Sheriff, to have like power.

To inquire into cause of death.

Penalty for nonattendance on Coroner's jury.

Oath of jurors.

Coroner may
issue subpoenas,
and may
summon surgeon,
etc, to inspect
body.

Disobeying subpoena.

Verdict and inquisition.

SEC. 2. The Coroner shall perform the duties of Sheriff in all cases where the Sheriff is interested, or otherwise incapacitated from serving; and also in cases of a vacancy by death, resignation, or otherwise, in the office of Sheriff, the Coroner shall discharge the duties of such office until a Sheriff is elected and qualified.

SEC. 3. Whenever the Coroner acts as Sheriff, he shall possess the powers, and perform all the duties of Sheriff and shall be liable on his official bond in like manner as a Sheriff would be, and shall be entitled to the same fees as are allowed by law to the Sheriff for similar services.

SEC. 4. When a Coroner has been informed that a person has been killed, or has committed suicide, or has suddenly died under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by the act of another, by criminal means, he shall go to the place where the body is, and forthwith summon not less than nine, nor more than fifteen persons, qualified by law to serve as jurors, to appear before him forthwith at the place where the body of the deceased is, to inquire into the cause of the death.

SEC. 5. Every person summoned as a juror, who shall fail to appear without having a reasonable excuse, shall forfeit any sum not exceeding one thousand dollars, to be recovered by the Coroner in the name of the people of the state, before any Justice of the Peace, in the proper township, and when collected, to be paid over to the County Treasurer for the use of the County.

SEC. 6. When six or more of the jurors attend, they shall be sworn by the Coroner to inquire who the person was, and when, where, and by what means he came to his death, and into the circumstances attending his death; and to render a true verdict thereon, according to the evidence afforded them, or arising from the inspection of the body.

SEC. 7. The Coroner may issue subpoenas for witnesses, returnable forthwith, or at such time and place as he may appoint, which may be served by any competent person. He must summon and examine as witnesses, every person, who, in his opinion, or that of any of the jury, has any knowledge of the facts, and he may summon a surgeon or physician to inspect the body, and give a professional opinion as to the cause of the death.

SEC. 8. A witness served with a subpoena may be compelled to attend and testify, or punished by the Coroner for disobedience, in like manner as upon a subpoena issued by a Justice of the Peace.

SEC. 9. After inspecting the body and hearing the testimony, the

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