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NOTE.-See same references to officers generally, Secs. 220, 920-926, 1014-1016, ante, and notes; and those to the Penal Code Cal.; see, also, note to Sec. 4103, ante. A private survey cannot be said to afford legal evidence.-Rose vs. Davis, 11 Cal., p. 133. Descriptions of survey and conventional lines or boundaries. See Sneed vs. Woodward, 30 Cal., p. 430. When one making a survey who is not the official Surveyor may give evidence.-Doherty vs. Thayer, 31 Cal., p.

140.

4269. Any person owning or claiming lands which are divided by county lines, and wishing to have the same surveyed, may apply to the Surveyor of any county in which any part of such land is situated, and on such application being made the Surveyor must make the survey, which is as valid as though the lands were situated entirely within the county.

Surveys of two

lands in

counties.

before

concerning

4270. When land, the title to which is in dispute Disputes before any Court, is divided by a county line, the Court Court making an order of survey may direct the order indir to the Surveyor of any county in which any part of counties. the land is situated.

NOTE.-Stats. 1850, p. 170, Sec. 9.

4271. In all surveys the courses must be expressed according to the true meridian, and the variation of the magnetic meridian from the true meridian must be expressed on the plat, with the date of the survey.

NOTE.-Stats. 1850, p. 170, Sec. 10.

lands in

two

Courses to by true

be run

meridian.

to employ

when.

4272. If a party for whom a survey is made does Surveyor not furnish the chainmen and markers, the Surveyor assistants, may employ the necessary chainmen and markers, and receive the reasonable hire of all assistance necessarily employed.

NOTE.-Stats. 1850, p. 170, Sec. 12.

4273. Each County Surveyor, immediately after making any survey, except surveys of city or town

Surveyor
to transmit

plats and

field notes

to Surveyor

General

lots, must make out a copy of the field notes and plat, when

required.

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When
County

interested

and transmit the same to the Surveyor General, indicating plainly upon the plat at what point of any line any river or stream or county line is touched or crossed. He must communicate to the Surveyor General such information concerning surveys made by him, and other matters connected with the duties of his office, as may be required.

NOTE.-Stats. 1850, p. 170, Sec. 13.

4274. Each County Surveyor must, when required, aid and assist the Surveyor General in making surveys within the county.

NOTE.-Stats. 1850, p. 170, Sec. 14.

4275. When the County Surveyor is interested in Surveyor is any land the title to which is in dispute and a survey thereof is necessary, the Court must direct the survey some other to be made by some disinterested person, and the per

in lands,

Court to appoint

person.

son so appointed is for that purpose authorized to administer and certify oaths. He must return such survey, verified by his affidavit annexed thereto, and receive for his services the same fees as the County Surveyor would be entitled to for similar services.

NOTE.-Stats. 1850, p. 170, Sec. 4. For local and special Acts, see Stats. 1871-2, subjects and pages following, relating to County Surveyor. El Dorado, bond of, p. 412; Fresno, to survey county line, p. 891; Mariposa, to survey county line, p. 891; San Francisco, duties concerning opening of Montgomery Avenue, pp. 911-924; San Luis Obispo, fees of, p. 426; Ventura, bond of, p. 488.

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4289. Justice of Peace to act as Coroner in certain cases. 4290. Coroner to discharge duties of Sheriff when.

hold

4285. The Coroner must hold inquests as pre- Coroner to scribed in Chapter II, Title XII, Part II of THE PENAL inquest. CODE.

NOTE.-See general references in notes to Secs. 4103 and 4268, ante. Penal Code Cal., Secs. 1510-1519, and notes.

4286. When an inquest is held by the Coroner, and no other person takes charge of the body of the deceased, he must cause it to be decently interred; and if there is not sufficient property belonging to the estate of the deceased to pay the necessary expenses of the burial, the expenses are a legal charge against the county.

44 Cal2

Coroner to
when.

bury body,

to County

property,

4287. The Coroner must, within thirty days after To deliver an inquest upon a dead body, deliver to the County Treasurer Treasurer or the legal representatives of the deceased etc., found any money or other property found upon the body.

on

accounts of

Coroner.

4288. Before auditing or allowing the accounts of Auditing the Coroner, the Supervisors must require him to file with the Clerk of the Board a statement in writing, verified by his affidavit, showing:

1. The amount of money or other property belonging to the estate of the deceased person which has come into his possession since his last statement;

2. The disposition made of such property.

4289. If the office of Coroner is vacant, or he is absent or unable to attend, the duties of his office may be discharged by any Justice of the Peace of the county, with the like authority and subject to the same obligations and penalties as the Coroner.

4290. In the cases specified in Article IV of this Chapter, the Coroner must discharge the duties of

Sheriff.

NOTE.-See Sec. 4191, ante.

30-VOL. II.

Peace to

as

Justice of
actor in
certain

cases.

Coroner to duties of

discharge

Sheriff,
when.

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Stats. 1871-2, p. 796.

An Act to provide for Public Administrators in certain cases.

[Approved March 30, 1872.]

[Enacting clause.]

SECTION 1. If the Public Administrator of any county of this State fails to qualify, or in person fails to perform the duties of his office, the Coroner of such county shall be ex officio Public Administrator; and in case both Public Administrator and Coroner fail to qualify, or to perform the duties appertaining thereto, the Supervisors shall appoint a suitable person to be Public Administrator; and all laws applicable to the qualification, powers, duties, and compensation of Public Administrator shall apply to the Coroner or appointee of the Supervisors as aforesaid.

SEC. 2. This Act shall take effect and be in force from and after its passage.

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An Act concerning the attendance of physicians and surgeons in certain cases, and to provide payment for making chemical and post-mortem examinations.

[Approved February 8, 1872.]

[Enacting clause.]

SECTION 1. The Coroner or other officer holding an inquest upon the body of a deceased person may summon a physician or surgeon to inspect the body, or a chemist to make an analysis of the contents of the stomach, or the tissues of the body of the deceased, and to give a professional opinion as to the cause of the death.

SEC. 2. Any physician, surgeon, or chemist professionally attending as a witness on an inquest, or upon a trial of any person charged with murder or manslaughter, or in cases de lunatico inquirendo, as above provided, shall be allowed a reasonable compensation for such attendance or examination by the Board of Supervisors, upon the written certificate of the Court or officer requiring such services, as to the extent and supposed value of the same; provided, that such certificate shall not be conclusive as to the amount of compensation.

See special and local Acts 1871-2, subjects and pages as follows, relating to Coroner: Contra Costa, Public Administrator to act as, p. 170; El Dorado, bond of, p. 412; Merced, official bond, p. 21; San Francisco,

official oath and bond, p. 403; duties, pp. 403-407; to
act as Sheriff, p. 408; to appoint a deputy, p. 408;
salary of, p. 409; Ventura, bond of, p. 488.

ARTICLE XI.

PUBLIC

ASSESSORS, TAX COLLECTORS, SCHOOL SUPERINTENDENTS,
ADMINISTRATORS, AND COMMISSIONER OF HIGHWAYS. -

SECTION 4300. Duties of Assessor.

4301. Duties of Tax Collector.

4302. Duties of School Superintendents.

4303. Duties of Public Administrator.

4304. Duties of Commissioner of Highways, and Road Com-
missioners and Overseers.

Assessor.

4300. The Assessor must perform such duties as Duties of are prescribed in Title IX, Part III of this Code.

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NOTE.-See Secs. 3627-3663, 3820-3830, 3839-3862,
ante, and notes. See, also, general references in notes
to Secs. 4103 and 4268, ante. Local and special Acts
are to be found in Stats. 1871-72 on the subjects and
pages given below relating to Assessors of county:
Butte, salary of, p. 270; El Dorado, bond of, p. 412; El
Dorado, salary and fees, p. 894; El Dorado, ex officio
Tax Collector, p. 593; El Dorado, salary of, p. 593; El
Dorado, fees of, p. 593; El Dorado, bonds of, p. 594;
Humboldt, salary of, p. 169; Los Angeles, salary of, p.
159; Mariposa, to be paid portion of salary by the
State, p. 899; Napa, salary of, p. 437; Nevada, ex officio
Tax Collector, p. 457; Nevada, salary of and for depu-
ties, p. 843; Placer, election of and salaries, pp. 171,
172; San Luis Obispo, salary of, p. 426; Santa Clara,
to be Collector of poll taxes, p. 534; Santa Clara, fees
of, p. 535; Sierra, to be ex officio Treasurer, p. 582;
Sierra, salary as ex officio Treasurer, p. 582; Sierra, to
correct certain errors on assessment rolls, p. 692; Te-
hama, salary and duties of, p. 756;
p. 488; Ventura, salary of, p. 489;
ing assessment of animals, p. 754.

Ventura, bond of,
Duties of concern-
These, as well as

all other Acts of 1871-72 are subject to construction
under Secs. 5-18 and 323-330, ante, in their relation to
the Code.

4301. The Tax Collector must perform such duties Duties of

as are prescribed in Title IX, Part III of this Code.

Tax
Collector.

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