Recorded instru in which it is recorded, and must thereafter deliver it ments to be upon request to the party leaving the same for record, indorsed. Recorder to make searches. Liable for neglect of certain duties. or to his order. 4243. The Recorder must, upon the application of any person, and upon the payment or tender of the fees therefor, make searches for conveyances, mortgages, and all other instruments, papers, or notices recorded or filed in his office, and furnish a certificate thereof, stating the names of the parties to such instruments, papers, and notices, the dates thereof, the year, month, day, hour, and minute they were recorded or filed, the extent to which they purport to affect the property to which they relate, and the book and pages where they are recorded. 4244. If any Recorder to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by law be recorded, is delivered for record: 1. Neglects or refuses to record such instrument, paper, or notice, within a reasonable time after receiving the same; or, 2. Records any instruments, papers, or notices untruly, or in any other manner than as herein before directed; or, 3. Neglects or refuses to keep in his office such indexes as are required by this Article, or to make the proper entries therein; or, 4. Neglects or refuses to make the searches and to give the certificate required by this Article; or if such searches or certificate are incomplete and defective in any important particular affecting the property in respect to which the search is requested; or, 5. Alters, changes, or obliterates any records deposited in his office, or inserts any new matter therein; -He is liable to the party aggrieved for three times the amount of the damages which may be occasioned thereby. NOTE.-See Penal Code, Secs. 176, 471; see, also, other offenses relating to records, id., Secs. 113, 114, 115, 470. prepaid. 4245. He is not bound to record any instrument, Fees to be or file any paper or notice, or furnish any copies, or to render any service connected with his office, until his fees for the same, as prescribed by law, are, if demanded, paid or tendered. 4246. All books of record, maps, charts, surveys, and other papers on file in the Recorder's office, must, during office hours, be open for the inspection of any person who may desire to inspect them, and may be inspected without charge; and the Recorder must arrange the books of record and indexes in his office in such suitable places as to facilitate their inspection. NOTE.-See note to Sec. 4234, ante. See local and special Acts, Stats. 1871-2, pages and subjects given below, relative to County Recorder: Alameda, salary of, p. 720; Mendocino, separated from office of County Clerk, p. 17; Mendocino, term of office, p. 17; Mendocino, fees of, p. 17; Nevada, salary of, and deputies, p. 844; San Bernardino, fees of, p. 492; San Joaquin, salary of, p. 876; San Luis Obispo, to transcribe certain records, p. 402. Records to be open for inspection. ARTICLE VIII. DISTRICT ATTORNEY. SECTION 4256. Duties of District Attorney. 4257. Legal adviser of Supervisors. 4258. Must not act as attorney for claims against his own county. 3-37 4256. The District Attorney is the public prose- Duties of A 73-4 cutor, and must: 1. Attend the District and County Courts, and conduct, on behalf of the people, all prosecutions for public offenses; District Attorney 295 44 Cal 496 Same. 2. Institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses, when he has information that any such offenses have been committed; and for that purpose, when not engaged in criminal proceedings in the District or County Court, must attend upon the magistrates in cases of arrest, when required by them, and attend before and give advice to the Grand Jury, whenever cases are presented to them for their consideration; 3. Draw all indictments, defend all suits brought against the State or his county, prosecute all recognizances forfeited in the Courts of record, and all actions for the recovery of debts, fines, penalties, and forfeitures accruing to the State or his county; 4. Deliver receipts for money or property received in his official capacity, and file duplicates thereof with the County Treasurer; 5. On the first Mondays of January, April, July, and October, in each year, file with the Auditor an account, verified by his oath, of all moneys received by him in his official capacity during the preceding three months, and at the same time pay it over to the County Treasurer; 6. Give when required, and without fee, his opinion (in writing) to county, district, and township officers on matters relating to the duties of their respective offices; and, 7. Keep a register of official business, in which must be entered a note of every action, whether criminal or civil, prosecuted officially, and of the proceedings therein; 8. Perform such other duties as are prescribed by law. NOTE.-See Sec. 220, ante, and note; also, Secs. 920926, 1014–1016, ante. Qualification to hold this office; not necessary to be an admitted attorney at law.-See People vs. Dorsey, 32 Cal., p. 296. The term of office of District Attorney is not fixed by the Constitution, but adviser of sors. 4257. The District Attorney is the legal adviser Legal of the Board of Supervisors. He must attend their Supervimeetings when required, and must attend and oppose all claims and accounts against the county when he deems them unjust or illegal. NOTE.-See duties relative to swamp lands, etc., Must not act as attorney for claims against 4258. The District Attorney, except for his own services, must not present any claim, account, or demand for allowance against the county, nor in any way w advocate the relief asked on the claim or demand made by another. du sec 4071. NOTE.-See local and special Acts relating to District Attorneys, Stats. 1872, subjects and pages as follows: Alameda, salary of, p. 720; Butte, fees of, p. 799; Colusa, salary Fund of, p. 99; Contra Costa, duty of, p. 514; El Dorado, bond of, pp. 412, 594; El Dorado, county. salary of, pp. 594, 794; Inyo, fees of, p. 799; Lake, salary of, p. 441; Lassen, salary of, p. 189; Los Angeles, salary of, p. 158; Placer, fees of, p. 799; Plumas, salary of, p. 733; Sacramento, salary for deputy, p. 863; Sacramento, fees of, p. 863; San Diego, duties of, p. 203; San Luis Obispo, salary of, p. 426; San Joaquin, salary and fees of, p. 874; Santa Barbara, to petition for letters of administration, p. 381; Santa Cruz, when fees charged to county, p. 440; Shasta, fees of, p. 799; Sierra, collection of delinquent taxes, p. 693; Siskiyou, to represent county in investigation of claim of James E. Carr, p. 32; Solano, salary of, p. 624; Tehama, salary of, p. 755; Tuolumne, to petition for letters of administration, p. 381; Duties concerning annexation of new territory to cities and towns, p. 51; see, also, Sec. 4364, post; Salary of, Stats. 1872, p. 653; see Sec. 4330, post, where this amendment is inserted. ARTICLE IX. County Surveyor to make surveys on application made to him. SURVEYOR. SECTION 4268. County Surveyor to make surveys on application made to him. 4269. Surveys of lands in two counties. 4270. Disputes before Court concerning title to lands in two counties. 4271. Courses to be run by true meridian. 4272. Surveyor to employ assistants, when. 4273. Surveyor to transmit plats and field notes to Surveyor General when required. 4274. To assist Surveyor General, when. 4275. When County Surveyor is interested in lands, Court to appoint some other person. 4268. The Surveyor must make any survey that may be required by the order of Court, or upon application of any person, keep a correct and fair record of all surveys made by him, number them in the order made progressively, and preserve a copy of the field notes and calculations of each survey, indorse thereon its proper number, a copy of which, and a fair and accurate plat, together with the certificate of survey, must be furnished by him to any person upon payment of the fees allowed by law. |