must forthwith be deposited with the county auditor, who must charge the treasurer therewith, and give the person paying the same a receipt.

Sup. Cal. C. (1893) p. 609.

556. Payment of warrants. When a warrant is presented for payment, and there is money in the treasury for that purpose, he shall pay the same, and write on the face thereof "paid," the date of payment, and sign his name thereto; provided however, that the treasurer shall not receive, or pay, or indorse any warrant until he shall have received from the clerk of the board of county commissioners the certified list mentioned in subdivision four of section five hundred and nine, and not then unless a claim or order upon which said warrant is based appears upon such list. ['96, p. 540.

Warrants must specify liability and be paid in order of presentation, ?? 537-606.

557. Unpaid warrants to be registered. Interest. When any warrant is presented to the treasurer for payment, and the same is not paid for want of funds, the treasurer must indorse thereon "not paid for want of funds," and annex the date of presentation and sign his name thereto, and from that time until funds are on hand to pay the same the warrants shall bear interest at the rate of five per cent per annum. ['96, p. 540.

Warrants to be registered, when, ? 537.

558. Id. Subsequent call and payment. When there is sufficient money in the treasury to pay warrants drawing interest, the treasurer must give notice in some newspaper published in the county, or if none is published therein, then by written notice posted at the front door of the county courthouse stating therein that he is ready to pay such warrants. From the first publication or posting of such notice such warrant shall cease to draw interest. ['96, pp. 540-1.

559. Id. Notice required. Notice required. In advertising warrants under the provisions of the next preceding section, the treasurer need not publish the warrants in detail, but need give notice only that county warrants which were presented for payment prior to a date stated in the notice, are payable. When a part only of the warrants presented for payment on the same day are payable, the treasurer must designate such payable warrants in the advertisement. ['96, p. 541.

560. Warrants to be paid in order. Fund for same. Warrants drawn on the treasurer, and properly attested, are entitled to preference as to payment out of money in the treasury properly applicable to the payment of such warrants, according to the priority of time in which they were presented. The time of presenting such warrants must be noted by the treasurer, and, upon receipt into the treasury of money not appropriated, he must set apart the same. or so much thereof as is necessary, for the payment of such warrants. p. 541.

Registered warrants paid in order of registration, 2537.

['96,

561. Waiver of right by non-presentation. Should such warrants not be again presented for payment within thirty days from the time the notice herein before provided for is given, the fund set aside for the payment of the same must be, by the treasurer, applied to the payment of unpaid warrants next in order of registry. The board of county commissioners may, on application and presentation of warrants properly indorsed which have been advertised, make an order directing the treasurer to pay them out of any money in the treasury not otherwise appropriated. ['96, p. 541.

562. Interest paid. When the treasurer pays any warrants upon which any interest is due, he must note on the warrant the amount of the interest paid thereon, and enter on his account the amount of such interest distinct from the principal. ['96, p. 541.

563.

Treasurer's settlement with auditor. The treasurer must settle

his account relating to the collection, care, and disbursement of public revenue of whatsoever nature and kind, with the auditor, on the first Monday of each month. For the purpose of making such settlement, he must make a statement under oath of the amount of money or other property received prior to the period of such settlement, the sources whence the same was derived, the amount of payments or disbursements, with the amount remaining on hand. He must, in such settlements, deposit all warrants redeemed by him, and take the auditor's receipt therefor. He must also make a full settlement of all accounts with the auditor, annually, on the second Monday of January. [C. L. § 101*; '96, pp. 541-2.

564. Reports. Each county treasurer must make a detailed report, whenever required so to do by the county commissioners at any regular or special meeting of the board, of all money received by him, and the disbursements thereof. and of all other proceedings in his office, so that the receipts into the treasury and the amount of disbursements, may clearly and distinctly appear. ['96, p. 542.

565. Penalties. If any county treasurer shall neglect or refuse to settle or report as in this chapter provided, he shall forfeit to the county the sum of five hundred dollars for every such neglect or refusal, and the county attorney must institute suit for the recovery thereof.

Sup. Cal. C. (1893) p. 611.

566. Treasurer to sue attorney, when. If the county attorney refuses or neglects to account for and pay over money received by him, as required by this title, the county treasurer must bring an action against him for the recovery thereof, in the name of the county, and may recover in such action, in addition to the amount so received, twenty per cent thereon by way of damages. ['96, p. 542.

County attorney to pay over moneys, ? 633.

567. Attorney to sue justice, when. If any justice of the peace fails to deliver to the treasurer, within thirty days after an inquest upon a dead body. any money or property found upon such body, unless claimed in the meantime by the administrator or other legal representatives of the decedent, the county attorney must proceed against such justice of the peace to recover the same, by civil action, in the name of the county. ['96, p. 542*.

Justice to pay over money and property, ? 1239.

568. Property found on dead body. Disposal. The treasurer, upon receiving from a justice of the peace money found on a dead body, must place it to the credit of the county. On receiving other property, in like manner, he must, within ninety days, sell it at public auction, upon reasonable public notice. and must, in like manner, place the proceeds to the credit of the county. All said money must be kept in a separate fund. ['96, p. 542.

569. Id. When claimed. If the money in the treasury is demanded within six years by the legal representatives of the decedent, the treasurer must pay it to them, after deducting the fees and expenses of the justice and of the county in relation to the matter, or the same may be so paid at any time thereafter upon the order of the board of county commissioners. ['96, pp. 542–3.

570. Treasurer not to lend public money. The county treasurer must safely keep all money belonging to this state, or to any city or county of this state, until disbursed according to law. He shall not lend the same, and he shall be liable therefor on his official bond. ['96, p. 543.

571. Suspension of treasurer. Whenever an action, based upon official misconduct, is commenced against any county treasurer, the board of county commissioners may, in its discretion, suspend him from office until such suit is determined, and may appoint some person to fill the vacancy, who shall qualify and give such bond as may be required by the board. ['96, p. 543.

572. Death of treasurer. Books, etc. In case of the death of any county treasurer, his legal representative must deliver up to the person appointed to fill the vacancy occasioned by such death, all the official moneys, books, accounts, papers, and documents which come into his possession. ['96, p. 543.

573. Accounts subject to inspection. The books, accounts, and vouchers of the treasurer are at all times subject to the inspection and examination of the board of county commissioners, the county attorney, the county auditor, and the grand jury. ['96, p. 543.

.

CHAPTER 6.

SHERIFF.

574. "Process" and "notice” defined. Process as used in this chapter includes all writs, warrants, summons, and orders of the courts of 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 said proceedings. 543.

Style of all process shall be, The State of Utah," Con. art. 8, sec. 18.

575. Duties of sheriff.

1.

2.

3.

The sheriff shall:

['96, p.

Attend, in person or by deputy, all courts organized under the laws of the state, except justices' and police courts, held within his county, and obey their lawful orders and directions.

4. Command the aid of as many male inhabitants of his county as he may think necessary in the execution of these duties.

6.

5. Take charge of and keep the county jail and the prisoners therein. Receive and safely keep all persons duly committed to his custody, and file and preserve all commitments by which persons are committed, and keep a record of each, showing the name, age, and place of birth, particularly describing the person, in a book kept for that purpose.

7. Release on the record all attachments of real property when the attachment placed in his hand has been released or discharged.

Release of attachment, ? 3089.

8. Indorse upon all process and notices the year, month, day, hour, and minute of reception, and issue therefor, to the person delivering it, upon payment of fees, a certificate showing the names of the parties, title of paper, and the time of its reception.

9.

10.

Serve all processes and notices in the manner prescribed by law. Certify, under his hand, upon process or notices, the manner, time, and place of service, or if he fails to make service, the reason of his failure, and return the same without delay.

11. Extinguish fires occurring in the undergrowth, growing trees, shrubs, or forests on the public domain within his county. [C. L. $$ 107-18*; 92, p. 27*: 96. pp. 543–5*.

576. Use of jails.

The common jails in the several counties of the state shall be kept by the sheriffs of the counties in which they are respectively situated, and shall be used as follows:

1. For the detention of persons committed in order to secure their attendance as witnesses in criminal cases.

2. For the detention of persons charged with crime and committed for trial.

3. For the confinement of persons committed for contempt, or upon civil process, or by other authority of law.

4. For the confinement of persons sentenced to imprisonment therein upon a conviction of crime. [C. L. § 110; '96, p. 544.

577. Id. Keeping certain prisoners apart. Persons committed on criminal process and detained for trial, persons convicted and under sentence, and persons committed upon civil process, must not be kept or put in the same room, nor shall male and female prisoners, except husband and wife, be kept or put in the same room. Females shall be under the supervision of a suitable matron who shall be appointed by the sheriff. [C. L. §§ 109, 111; '96, p. 544.

578. Service on prisoner. A sheriff or jailer upon whom a paper in a judicial proceeding, directed to a prisoner in his custody, is served, must forthwith deliver it to the prisoner, with a note thereon of the time of its service. For neglect to do so he is liable to the prisoner for all damages occasioned thereby. [C. L. § 112; '96, p. 544.

579. Temporary guard for jail. The sheriff, when necessary, may, with the assent in writing of the district judge, employ a temporary guard for the protection of the county jail, or for the safe keeping of prisoners, the expenses of which shall be a state or county charge, as the case may be. [C. L. § 113*; *96. p. 544.

580. Must receive and provide for prisoners. The sheriff must receive all persons committed to jail by competent authority, and provide them with necessary food, clothing, and bedding, for which he shall be allowed a reasonable compensation, to be determined by the board of county commissioners, and, except as provided in the next section, to be paid out of the county treasury. [C. L. § 114; '96, pp. 544–5.

582
1

581. U. S. prisoners to be held in county jails. Expenses. Persons convicted of crime in any of the courts of the United States in the state of Utah, as well as prisoners held to answer before such courts for a violation of any of the laws of the United States, shall be received and held in the jails of any county of this state under the same regulations and laws governing prisoners held under the authority of this state, and upon such terms as to compensation as may be agreed upon by the county authorities and the United States. ['97, p. 29.

582. Persons committed on civil process. Expense. Whenever a person is committed upon process in a civil action or proceeding, except when the state is a party thereto, the sheriff is not bound to receive such person unless security is given on the part of the party at whose instance the process is issued, by a deposit of money, to meet the expenses for him of necessary food, clothing, and bedding, or to detain such person any longer than the expenses are provided for. This section does not apply to cases where a party is committed as a punishment for disobedience to the mandates, process, writs, or orders of court. [C. L. § 115; 96, p. 545.

Civil arrest, 3010-3035.

583. Process returnable to another county. When process or notice is returnable to another county, he may inclose such process or notice in an envelope addressed to the officer from whom the same emanated, and deposit it in the postoffice, prepaying postage. ['96, p. 545.

584. Return is prima facie evidence. The return of the sheriff upon process or notice is prima facie evidence of the facts in such returns stated. [96, p. 545.

585. Sheriff to make prompt return. If a sheriff does not return without delay a process or notice in his possession, with the necessary indorsement thereon, he is liable to the party aggrieved for all damages sustained by him. ['96, p. 545.

582

586. Neglecting to serve execution. Damages. If the sheriff, to whom a writ of execution is delivered, neglects or refuses, after being required by the creditor or his attorney, the fees having first been paid or tendered, to levy upon or sell any property of the party charged in the writ which is liable to be levied upon and sold, he shall be liable to the creditor for the value of such property. ['96, pp. 545-6.

587. Neglecting to pay over money. Damages. 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 all 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; provided, that such sheriff may pay such money into the court, or to the clerk thereof, issuing the writ or process upon which such money is collected or received, and from the time of such payment the sheriff shall be relieved of all liability therefor, unless the detention is shown to have been wrongful. ['96, p. 546*.

588. Liability for escape of imprisoned debtor. 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 is 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 judgment, 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.

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. ['96, p. 546.

Liability of sheriff, 22 3032–3034.

589. Liability for rescue of same. He is liable for the rescue of a person arrested in a civil action equally as for an escape. ['96, p. 546.

590. Not liable if person returns or is retaken. An action cannot be maintained against the sheriff for a rescue or for an escape of a person arrested 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 or by any other person.

['96, p. 546.

591. Neglect excused by written direction only. No direction or authority by a party or his attorney to the sheriff, in respect to the execution of process or the 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. ['96, pp. 546-7.

592. Commitment of sheriff vacates office, when. 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. ['96, p. 547.

593. Must execute all process. A sheriff or other ministerial officer is justified in the execution of, and must execute, all process and orders regular on their face and issued by competent authority. ['96, p. 547.

Sheriff or deputy not to act as attorney or have a partner who is an attorney, ? 134.

594. Officer must show process. The officer executing process must then, and at all times subsequent, as long as he retains it, upon request show the same with all papers attached, to any person interested therein. ['96, p. 547.