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Reports so obtained to be transmitted to Governor.

To deliver annual estimate of

law.

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.

Sec. 12. The Surveyor General shall annually, on or before the expenses for en- first day of December, deliver to the Comptroller an estimate, with suing year.

specifications, of the necessary expenditures of his office during the

succeeding year. To perform du Sec. 13. He shall perform all such other and further duties as ties required by

may be prescribed to him by law. Vacancy in office

Sec. 14. In case of the death, sickness, absence from the state, -how supplied.

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.

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 :

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

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. I.

oath of office.

and is liable for

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.

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.

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. 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 at- County Clerk or tend each term of the County Court, District Court, Probate Court, each term of and Court of Sessions, held in his county.

Sec. 7. The County Clerk shall keep his office at the county seat County Clerk's of his county, and shall take charge of and safely keep or dispose of at county seat. according to law all books, papers, and records, which may be filed or deposited in his office.

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 County Clerk imposed on him by law, the Clerk shall be liable on his bond to any aggrieved for

wrongful act. person injured.

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 ties a misde

court.

meanor.

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

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 from office.

Sec. 11. No clerk or deputy clerk shall be permitted to practise as tise as Attorney an attorney or counsellor at law in any action or proceeding in any

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

Clerks and Deputies not to prac

or Counsel.

CHAPTER XLV.

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:

Persons elected to take oath and give bonds.

Courts, execute orders and pro

notices.

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. Constable to Sec. 2. The Constable shall attend the Courts of Justices of the attend justices?

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

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)

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. Failing to return

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

Laws relating to Sheriffs to apply to constable.

process.

(1) Stat. 1852, page 68, Scc. 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. Sec. 5. If any Constable to whom any writ of execution shall have Neglecting to

levy and sell on 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.

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. Sec. 7. For any official act, or any omission to perform any duty Failing to per:

form any official required of him by law, the Constable shall be liable on his bond to act any person injured.

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 wil

ful 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. Sec. 10. No Constable shall be permitted to practise as an Attor- Not to practise

as attorney, etc. 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.

the peace.

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 :

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.

to have like

cause of death.

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. Acting as Sheriff, Sec. 3. Whenever the Coroner acts as Sheriff, he shall possess the power. 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. To inquire into 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. Penalty for non Sec. 5. Every person summoned as a juror, who shall fail to attendance on Coroner's jury. 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. Oath of jurors. 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 subpænas for witnesses, return.

able forthwith, or at such time and place as he may appoint, which ete, to inspect body.

be served by any competent person. He must summon and may 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. Disobeying Sec. 8. A witness served with a subpæna may be compelled to atsubpæna.

tend and testify, or punished by the Coroner for disobedience, in

like manner as upon a subpæna issued by a Justice of the Peace. Verdict and Sec. 9. After inspecting the body and hearing the testimony, the inquisition.

Coroner may
issue subpoenas,
and may
summon surgeon,

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