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an escape.

civil action, without the consent or connivance of the party in whose permitting behalf the arrest or imprisonment was made, shall be liable as follows:

1st. When the arrest is upon an order to hold to bail, or upon a surrender in exoneration of bail before judgment, he shall be liable to the plaintiff as bail.

2d. When the arrest is on an execution or commitment to enforce the payment of money, he shall be liable for the amount expressed in the execution or commitment.

3d. When the arrest is on an execution or commitment, other than to enforce the payment of money, he shall be liable for the actual damages sustained.

4th. The sheriff, upon being sued for damages for an escape, may exhibit proofs in mitigation and exculpation,

Sec. 34. The sheriff shall be liable for a rescue of a person arrest- Sheriff liable for ed in a civil action equally as for an escape, provided he may show circumstances in exculpation.

Sec. 35. An action shall not, however, be maintained against the No action sheriff for a rescue, or for an escape of a person arrested upon an ex- rescue after a ecution or commitment if, after his rescue or escape and before the commencement of the action, the prisoner return to the jail or be retaken by the sheriff.

& rescue.

recapture.

ARTICLE V.

TRANSFER OF THE JAIL AND OF PRISONERS AND PROCESS TO A NEW

SHERIFF.

his successor.

SECTION 36. When a new sheriff is elected, and has qualified and when

sheriff's powers given the necessary security required by law, the county clerk shall to cease. give a certificate of that fact under his seal of office, upon the service of which on the former sheriff his powers shall cease, except as otherwise provided in this act. Sec. 37. Within three days after the service of the certificate upon What the sheriff

is to deliver to the former sheriff he shall deliver to his successor :

1st. The jail of the county with its appurtenances, and the property of the county therein:

2d. The prisoners then confined in the county jail:

3d. The process, orders, and other papers in his custody, authorizing or relating to the confinement of the prisoners :

4th. All process and orders for the arrest of a party, and all papers relating to the summoning of a grand or trial jury, which have not been fully executed :

5th. All executions, attachments, and final process, except those

The like.

which he has executed or has begun to execute, by the collection of money or a levy on property.

Sec. 38. He shall also, at the same time, deliver to the new sheriff a written transfer of the property, process, papers, and prisoners delivered, specifying the process or order by which each prisoner was committed and detained. The new sheriff shall thereupon acknowledge in writing upon a duplicate of the transfer, the receipt of the property, process, papers and prisoners therein specified.

Sec. 39. Notwithstanding the election and qualification of a new cxecution of final sheriff, the former sheriff shall return all process and orders before

and after judgment, which he has fully executed, and shall complete

the execution of all final process which he has begun to execute. (1) Neglecting to Sec. 40. If the former sheriff neglect or refuse to deliver to his etc. to successor. successor the jail process, papers, and prisoners in his charge, the

new sheriff may, notwithstanding, take possession of the jail and of the prisoners confined therein, and the county court or county judge may, upon application, order the delivery of the process and papers.

Sheriff
to complete

process.

deliver process,

ARTICLE VI.

Sheriff to
receive prisoners
committed
by U. S. courts.

Sheriff or jailer answerable for such prisoners

MISCELLANEOUS PROVISIONS RESPECTING SHERIFFS AND THEIR OFFICERS.

Section 41. The sheriff shall receive and keep in the county jail any prisoner who shall be committed thereto by process or order is. sued under the authority of the United States, until he be discharged according to law, as if he had been committed under process issued under the authority of this state : Provided, provision be made by the United States for the support of such prisoner.

Sec. 42. A sheriff or jailer, to whose custody a prisoner is commitsateh , keeping of ted as provided in the last section, shall be answerable for his safe

keeping in the courts of the United States, according to the laws thereof.

Sec. 43. When an officer finds, or has reason to apprehend, that resistance will be made to the execution of process delivered to him for service, he may command as many male inhabitants as he may think proper, and any military company or companies in the county armed and equipped, to assist him in overcoming the resistance, and, if necessary, in seizing, arresting, and confining the resisters and their aiders and abettors, to be punished according to law.

Sec. 44. Every able-bodied male person over the age of eighteen and under the age of sixty, commanded by an officer to assist him in

Officer
may command
assistance.

Who liable to
be called
on to assist.

(1) See post, chap. 131, for explanatory act.

the execution of process as provided in the preceding section, who without lawful cause refuses or neglects to obey the command, may be fined by the court upon proof thereof, in a sum not exceeding two hundred dollars. Sec. 45. No direction or authority by a party or his attorney to a Directions to

sheriff must be sheriff, or to an under or deputy sheriff, in respect to the execution of in writing. process or return thereof, or to any act or omission relating thereto, shall be available to discharge or excuse the sheriff from a liability for neglect or misconduct, unless it be contained in a writing signed by the party to be charged or affected thereby or his attorney.

Sec. 46. When the sheriff is committed to the custody of another When office sheriff, or of a coroner, under an execution or commitment for deemed vacant. not paying over money received by him, by virtue of his office, and remains committed for sixty days, his office shall be declared Vacant.

Sec. 47. When the sheriff or other officer is legally required to compensation to perform a service in behalf of the people of this state, which is not extra services. chargeable to his county, or a private person, his account thereof shall be audited by the comptroller of state, and shall be paid by the treasurer of state. Sec. 48. A sheriff or other ministerial officer shall be justified in When

sheriff justified the execution of all process and orders regular on their face, and is in executing sued by competent authority, whatever may be the defect in the proceedings upon which they were issued.

Sec. 49. The officer executing a process, warrant, or order of any kind, shall be bound then and at all times subsequent so long as he retains it upon request to show [the] same, with all papers attached, to any person interested therein.

Sec. 50. The sheriff or deputy in attendance upon court shall act Sheriff to act as the crier thereof to call the parties and witnesses and all other persons bound to appear at the court, and make proclamation of the opening and adjournment of the court and of any other matter under its direction.

Sec. 51. A sheriff, under or deputy sheriff, is prohibited during his Sheriff, etc. not continuance in office from acting or having a partner who acts as an practising law. attorney or counsellor. Sec. 52. Every sheriff shall be liable to the party injured on his Liability for

neglect of duty. official bond for neglect or mal-performance of any duty imposed upon him by law.

Sec. 53. Every sheriff who is guilty of wilful negligence in the dis- Wilful neglect charge of his duties, or who, in the execution or under color of his office, is guilty of any oppression or extortion, shall upon conviction

process,

Officer to exhibit process.

as crier.

to have a partner

of duty

thereof be fined in a sum not exceeding five thousand dollars, and may be removed from office.

ARTICLE VII.

EXECUTION OF PROCESS OR ORDERS WHERE A SHERIFF IS A PARTY, AND

IN CASE OF VACANCY IN THE OFFICE OF SHERIFF.

When process
to be executed by
coroner.

Coroner's

Eligors, when

Section 54. When the sheriff is a party to an action or special proceeding, the process and orders therein, which it would otherwise be the duty of the sheriff to execute, shall, except when otherwise pro

vided by this act, be executed by the coroner of the county. Vacancy in office Sec. 55. In case of a vacancy in the office of sheriff by death, reof sheriff.

signation, or otherwise, the powers and duty of sheriff shall devolve upon the coroner of the county, and be exercised by him until a new sheriff be elected and qualified. (1)

Sec. 56. Whenever a coroner acts as a sheriff, he shall be invested fees, etc.

with the powers, duties, and responsibilities of the sheriff, and shall be entitled to the same fees for similar services.

Sec. 57. Process and orders in an action or proceeding may be exappointed.

ecuted by a person residing in the county, designated by the court, and denominated an elisor, in the following cases : First, when the sheriff and coroner are both parties; and, second, when either of these officers is a party, and the process or orders are against the other for a disobedience of an order or process therein.

Sec. 58. When process is delivered to an elisor, he shall execute it execute process in the same manner as the sheriff is required to execute similar

process

in other cases. When a house Sec. 59. If the sheriff on being arrested by a coroner, or if a county jail. sheriff or coroner on being arrested by an elisor, or if another person

on being arrested in an action in which both the sheriff and coroner are plaintiffs upon an order of arrest in a civil action, neglect to give bail or make a deposit of money instead thereof, or if he be arrested on execution against his body, or on a warrant of attachment, he shall be confined in a house other than the house of the sheriff or the county jail, in the same manner as the sheriff is required to confine a prisoner in the county jail; the house in which he is thus confined shall thereupon become for that purpose the county jail.

Sec. 60. An elisor appointed to execute process and orders in the cases mentioned in this act, shall be invested with the powers, duties,

How to

considered a

Powers, etc., of elisors.

(1) This section is amended by supplemental act, see post, chap. 131,

former acts.

and responsibilities of the sheriff in the execution of the process or orders, and in every matter incidental thereto.

Sec. 61. The act entitled “An act to prescribe the duties of Repeal of sheriff,” passed April 17, 1850, and the act entitled “ An act concerning jails and jailers,” passed March 27, 1850, are hereby repealed; but nothing in this section shall be deemed to affect any action already commenced, or any proceeding already taken under said acts, or any responsibilities incurred thereunder. Sec. 62. This act shall take effect on the first day of July next.

When act to

take effect.

CHAPTER CXXX.

AN ACT to regulate Fees in Office.—[Passed May 1, 1851.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

SECTION 1. The fees of the clerk of the supreme court and of county Supreme court officers in the following counties, viz.—Klamath, Shasta, Butte, Yuba, county officers Nevada, Sutter, Yolo, Colusi, El Dorado, Placer, San Francisco, and Sacramento, shall be prescribed in the first thirty-eight sections of this act.

FEES IN THE OFFICE OF SECRETARY OF STATE.

Sec. 2. For a copy of any act or resolution of the legislature, or Secretary of of any other record or paper kept in the office of secretary of state, office' of. furnished to any private person on request, for each folio forty cents; for a certificate and seal thereto, one dollar; but the secretary of state shall not receive any fees to his own use.

fees of.

FEES OF THE COUNTY AUDITORS. (1) Sec. 3. The county auditor shall receive for his services such com- County auditors, pensation as may be just, to be determined by the court of sessions of the county : Provided, the same does 'not exceed the sum of fifty dollars.

FEES OF NOTARIES PUBLIC.

Sec. 4. The drawing and copying of every protest for the non- Notarics, fees of payment of a promissory note, or for the non-payment or non-acceptance of a bill of exchange, order, draft, or check, two dollars; for

(1) For fees under revenue law, see ante, chap. 127, sec. 54.

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