What

officers may appoint deputies.

When deputies included

County seat; officers.

Penalty.

Oaths.

Residence.

provided. Assessors and Superintendents of Schools shall be elected at the general election to be held in the year eighteen hundred and eighty-six, and every four years thereafter. All officers elected under the provisions of this Act shall hold office until their successors are elected or appointed and qualified.

SEC. 61. Every county, township, or district officer, except a Supervisor or judicial officer, may appoint as many depu ties as may be necessary for the prompt and faithful discharge of the duties of his office. Such appointment must be made in writing, and filed in the office of the County Clerk, and until such appointment is so made and filed and until such deputy shall have taken the oath of office, no one shall be or act as such deputy.

SEC. 62. Whenever the official name of any principal officer is used in any law conferring power, or imposing duties or liabilities, it includes deputies.

SEC. 63. All county officers must have their offices at the county seat, and the Sheriff, Clerk, Recorder, Auditor, Treas urer, and District Attorney must keep their offices open for the transaction of business from nine o'clock A. M. until five o'clock P. M., non-judicial days excepted.

SEC. 64. Whenever, except in criminal prosecutions, any special penalty, forfeiture, or liability is imposed on any officer for non-performance or mal-performance of official duties, the liability therefor attaches to the official bond of such officer, and to the principal and sureties thereon.

SEC. 65. Every officer mentioned in section fifty-seven, and his deputies, and every Justice of the Peace, may administer and certify oaths.

SEC. 66. The following officers must reside at the county seat of their respective counties: The County Clerk, Auditor, Recorder, Sheriff, District Attorney, and Treasurer. Absent from SEC. 67. A county or township officer shall in no case absent himself from the State for a period of more than sixty days, and for no period without the consent of the Board of Supervisors of the county.

State.

What

officers can

law.

SEC. 68. Sheriffs, Clerks, and Constables, and their depunot practice ties, are prohibited from practicing law, or acting as attor neys or counselors at law, in the counties where they reside and hold office, or from having as a partner a lawyer, or any one who acts as such.

Amount of bonds.

SEC. 69. The Board of Supervisors of each county in the State shall, on or before the first Monday in September, eighteen hundred and eighty-four, prescribe the amount in which the following county officers must execute official bonds before entering upon the discharge of the duties of their respective offices, viz.: Treasurer, County Clerk, Auditor, Sheriff, Tax Collector, District Attorney, Recorder, Assessor, Surveyor, Superintendent of Schools, Coroner, and Justice of the Peace. The Judge or Judges of the Superior Court shall, on or before the said first Monday of September, prescribe the amount in which each member of the Board of Supervisors must execute an official bond before entering upon the discharge of the duties of his office. The bonds and

sureties of such officers must, before the bonds can be recorded and filed, be approved by the Judge, or Judges if there be more than one, of the Superior Court. All persons offered as sureties on official bonds may be examined on oath touching their qualifications, and no person can be admitted as surety on any such bond unless he is a resident and freeholder or householder within the State, and is worth in real or personal property, or both, situate in this State, the amount of his undertaking, over and above all sums for which he is already liable, exclusive of property exempt from execution and forced sale. All official bonds shall be recorded in the office of the County Recorder, and then filed and kept in the office of the County Clerk. The official bond of the County Clerk shall, after being recorded, be filed and kept in the office of the County Treasurer.

COUNTY TREASURER.

SEC. 70. The County Treasurer must:

County

1. Receive all moneys belonging to the county, and all Duties of other moneys by law directed to be paid to him, safely keep Treasurer. the same, and apply and pay them out, rendering the account thereof as required by law.

2. File and keep the certificates of the Auditor delivered to him when moneys are paid into the treasury;

3. Keep an account of the receipt and expenditure of all such moneys, in books provided for the purpose, in which must be entered the amount, the time when, from whom, and on what account, all moneys were received by him; the amount, time when, to whom, and on what account all disbursements were made by him;

4. So keep his books that the amount received and paid out on account of separate funds or specific appropriations are exhibited in separate and distinct accounts, and the whole receipts and expenditures shown in one general or cash account;

5. Enter no moneys received for the current year on his account with the county for the past fiscal year, until after his annual settlement for the past year has been made with the County Auditor;

6. Disburse the county moneys only on county warrants, issued by the County Auditor, based on orders of the Board of Supervisors, or upon order of Superior Court, or as otherwise provided by law.

of Aduitor.

SEC. 71. He must receive no money into the treasury Certificate unless accompanied by the certificate of the Auditor provided for in section one hundred and fifteen, or as otherwise provided by law.

SEC. 72. When any money is paid to the County Treasurer Receipts. he must give to the person paying the same a receipt therefor, which must forthwith be deposited with the County Auditor, who must charge the Treasurer therewith, and give the person paying the same a receipt.

SEC. 73. When a warrant is presented for payment, if there is money in the treasury for that purpose, he must pay the

Warrant, how and

same, and write on the face thereof "Paid," the date of paywhen paid. ment, and sign his name thereto; provided, however, that the

When not

paid.

Notice of

payment.

Manner of advertising.

Priority of payment.

Warrants not presented for

sixty days.

Treasurer shall not receive, or pay, or indorse, any warrant until he shall have received from the Clerk of the Board of Supervisors the certified list mentioned in subdivision four, of section twenty, of this Act, and not then, unless a claim or order upon which said warrant is based appears upon such list.

SEC. 74. 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," annexing the date of presentation, and sign his name thereto, and from that time until paid the warrant bears five per cent interest per annum.

SEC. 75. When there are sufficient moneys in the treasury to pay the 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 upon the Court House door, stating therein that he is ready to pay such warrants. From the first publication or posting of such notice, such warrants cease to draw interest.

SEC. 76. In advertising warrants under the provisions of the preceding section in any newspaper, the Treasurer must not publish the warrants in detail, but give notice only that county warrants presented for payment prior to such 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.

SEC. 77. Warrants drawn on the treasury and properly attested, are entitled to preference as to payment out of moneys in the treasury properly applicable to 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 the receipt of moneys into the treasury not otherwise appropriated, he must set apart the same, or so much thereof as is necessary for the payment of such warrants.

SEC. 78. Should such warrants not be again presented for payment within sixty days from the time the notice hereinpayment in 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 Supervisors may, on application and presentation of warrants properly indorsed, which have been advertised, pass an order directing the Treasurer to pay them out of any money in the treasury not otherwise appropriated.

Interest,

how entered.

Settlement with Auditor.

SEC. 79. When the Treasurer pays any warrant on which any interest is due, he must note on the warrant the amount of interest paid thereon, and enter on his account the amount of such interest distinct from the principal.

SEC. 80. The Treasurer must settle his accounts 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 out 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, and to whom, 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 first Monday of January, in the presence of the Supervisors, who have a supervisory control thereof.

Supervisors.

SEC. 81. Each County Treasurer must make a detailed Report to report at every regular meeting of the Board of Supervisors. of his county, of all moneys received by him and the disbursement thereof, and of all debts due to and from the county, and of all other proceedings in his office, so that the receipts into the treasury and the amount of disbursements, together with the debts due to and from the county, may clearly and distinctly appear.

refusing to

SEC. 82. If any County Treasurer neglect or refuse to Penalty for settle or report, as required in sections eighty and eighty- report. one, he forfeits and must pay to the county the sum of five hundred dollars for every such neglect or refusal, and the Board of Supervisors must institute suits for the recovery thereof.

District

SEC. 83. If the District Attorney refuse or neglect to Duty of account for and pay over money received by him, as required Attorney. by the fifth subdivision of section one hundred and thirtysix, 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, fifty per cent thereon by way of damages.

Coroner.

SEC. 84. If the Coroner, or any Justice of the Peace acting Duty of as Coroner, fail to deliver to the Treasurer, within thirty days after any inquest upon a dead body, all money and property found upon such body, unless claimed in the meantime by the Public Administrator, or other legal representative of the decedent, as required by section one hundred and fifty, the District Attorney must proceed against the Coroner, or Justice of the Peace acting as Coroner, to recover the same by civil action in the name of the county.

money, etc.,

SEC. 85. The Treasurer, upon receiving from the Coroner, Duty of or Justice of the Peace acting as Coroner, money found on a receiving dead body, must place it to the credit of the county; on from receiving other property in like manner, he must, within Coroner. thirty 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 moneys must be kept in a separate fund.

repaid to

SEC. 86. If the money in the treasury is demanded within When six years by the legal representatives of the decedent, the money Treasurer must pay it to them, after deducting the fees and heirs. expenses of the Coroner, 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 Supervisors.

SEC. 87. The County Treasurer must keep all moneys

Public

moneys, how kept.

Suits against
Treasurer.

In case of death of

belonging to this State, or to any county of this State, in his own possession, until disbursed according to law. He must not place the same in the possession of any person, to be used for any purpose, nor must he loan, or in any manner use, or permit any person to use the same, except as provided by law; but nothing in this section prohibits him from making special deposits for the safe keeping of the public moneys, but he shall be liable therefor on his official bond.

SEC. 88. Whenever an action based upon official misconduct is commenced against any County Treasurer, the Supervisors may, in their 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 of Supervisors.

SEC. 89. In case of the death of any County Treasurer, his Treasurer. legal representatives must deliver up to the person appointed to fill the vacancy occasioned by such death, all official moneys, books, accounts, papers, and documents which come into their possession.

SEC. 90. 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.

SEC. 91. The Treasurer must permit the Chairman of the Board of Supervisors, District Attorney, and Auditor to examine his books and count the money in the treasury, whenever they may wish to make an examination or counting.

SHERIFF.

SEC. 92. "Process," as used in this Act, includes all writs, warrants, summons, and orders of 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 such proceeding.

SEC. 93. The Sheriff must:

1. Preserve the peace;

2. Arrest and take before the nearest magistrate for examination, all persons who attempt to commit, or who have committed, a public offense;

3. Prevent and suppress any affrays, breaches of the peace, riots, and insurrections which may come to his knowledge; 4. Attend all Courts, except Justices' and Police Courts, 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. Release on the record all attachments of real property when the attachment placed in his hand has been released or discharged;

8. Indorse upon all process and notices the year, month, day, hour, and minute of reception, and issue therefor to the