!

595. Sheriff to act as crier, when. The sheriff in attendance upon court must, if required by the court, act as crier thereof, call the parties and witnesses and other persons bound to appear at the court, and make proclamation of the opening and adjournment of court and of any other matter under its direction. ['96, p. 547.

596. Service upon sheriff. Authority of successor. Service upon the sheriff of a paper other than process, may be made by delivering it to him or to one of his deputies, or to a person in charge of his office during office hours; or if no such person be there, by leaving it in a conspicuous place in the office. When any process remains with the sheriff unexecuted, in whole or in part, at the time of his death, resignation of office, or at the expiration of his office, said process shall be executed by his successor or successors in office; and when the sheriff sells real estate, under and by virtue of an execution or order of court, he or his successors in office shall execute and deliver to the purchaser or purchasers all such deeds and conveyances as are required by law and necessary for that purpose, and such deeds and conveyances shall be as valid in law as if they had been executed by the sheriff who made the sale. ['96, p. 547.

In

597. Disqualification to serve process. Constable to serve. cases where it appears from the papers of any court of record that the sheriff is a party, or where an affidavit is filed with the clerk of the court stating a partiality, prejudice, consanguinity, or interest on the part of the sheriff, the clerk of the court shall direct process to any constable of the county, whose duty it shall be to execute it in the same manner as if he were sheriff. ['96, p. 547. Fees of sheriff, 7 974.

598. Id. Fees of constable. The constable, for any service performed under the foregoing section, shall be paid the same fees as are or shall be provided for like service on the part of the sheriff, and such fees shall belong to the constable and not to the public treasury. ['96 p. 548.

Amended

599. Duties of sheriff, generally. The sheriff must perform such other Chapt 49 duties as are required by law. ['96, p. 548.

1899

CHAPTER 7.

COUNTY CLERK.

600. Ex officio duties. The county clerk is ex officio clerk of the district court and clerk of the board of county commissioners. ['96, p. 548. Ex officio deputy recorder of marks and brands, 37. Ex officio clerk of district court, Con. art. 8, ? 14. 601. Duties as clerk of district court. As clerk of the district court

he shall:

1. Take charge of and safely keep the seal of the district court.

2. Take charge of and safely keep, or dispose of, according to law, all books, papers, and records which may be filed or deposited in his office.

3.

Issue all process and notices required to be issued; enter a synopsis of all orders, judgments, and decrees proper to be entered, unless the law or the court shall require them to be entered at length; keep a "register of actions,” in which must be entered the title of each cause, with the date of its commencement, the names of the attorneys, a memorandum of each subsequent proceeding therein, with date thereof, and an itemized account of all fees charged, showing by whom paid; keep an index of all suits labeled "general index-plaintiffs, alphabetically arranged, each page of which shall be divided into three columns, under their respective heads, as follows: "number of suit," "plaintiffs,' "defendants;" also an index labeled "reverse index-defendants," alphabeti

cally arranged, each page of which must be divided into three columns, under their respective heads, as follows: "number of suit," "defendants," "plaintiffs. Keep a minute book,” in which shall be entered a record of the daily proceedings of the court.

4.

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5. Keep a fee book," as provided by law.

6.

Keep a

register of criminal actions," properly indexed, in which shall be entered the title and number of each criminal action, with a memorandum of every paper filed, or order or proceeding had therein, with the date thereof.

7. Keep two books, properly indexed, in one of which shall be entered the names of all persons who, from the organization of the court, have declared or may hereafter declare their intention to become citizens of the United States, and the date of such declaration, which book shall be labeled "naturalization-declarations of intention;" and in the other of which must be entered the names of all persons who have been or who may hereafter be admitted citizens of the United States, by the court of which he is clerk, which book shall be labeled "naturalization-final papers," which must show the country of which such person was before a citizen or subject, the date of his admission as a citizen of the United States, and the page of the minute book, or book of record, containing the order admitting him to citizenship.

8. Keep a book of jurors' certificates," in which must be contained the blank certificates and stubs to be filled as provided by law.

9.

Keep a witness book," in which shall be contained blank certificates and stubs to be filled as provided by law.

10.

Keep a record of the attendance of all jurors, and of witnesses in crim

inal actions, and compute the mileage of each.

13.

14.

Issue certificates of the attendance and mileage of all jurors, and of

witnesses in criminal cases.

15.

16.

Take and certify acknowledgments and administer oaths.

Keep a "register of probate and guardianship proceedings," properly indexed, in which must be entered the name of the estate, the register number, the names of the attorneys, with a memorandum of every paper filed, or order or proceeding had therein, with the date thereof and an itemized account of the fees charged.

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17. Keep a probate record book," properly indexed, in which shall be recorded all wills, bonds, letters of administration, letters testamentary, and all other papers and orders of the court required by law to be recorded.

18. Index deeds and other instruments affecting real estate made by a sheriff, master in chancery, special commissioner, executor, administrator, guardian, trustee, or other person acting in behalf of another, in the name of the person whose land is sold or affected as grantor, indicating by a note in the index in what capacity the deed was made.

19. Keep such other records, and perform such other duties as are prescribed by law. [C. L. § 93*; '96, pp.

548-9*.

2972. To keep record of jurors and witnesses and issue certificates, 22 992-997.

Clerk of district court to post notice of terms and of adjournments, 22 675-7. Duty as to adjournments, 22 703-705. Fees of clerk of district court, 602. Duties as county clerk. 1. Issue all marriage licenses and keep a register of marriages as provided by law.

As county clerk he shall:

2. Keep separate registers, to be known as the "register of births," and the register of deaths," in which the births and deaths certified to him must be entered and numbered in the order in which they are reported. There must be stated in each register, in separate columns, properly headed, the various facte contained in the certificates and the name of the official or the person making the

report. The county clerk must carefully examine each report, and register the same birth or death but once, although it may be reported by different

persons.

Registry of births and deaths, ?? 2029-2036.

3. Execute under his seal, in the name of the county, all deeds and conveyances for the county, pursuant to resolutions of the board of county commissioners, of all real estate conveyed by the county to any person, firm, or corporation. Take and certify acknowledgments and administer oaths.

4.

5. Keep a "fee book" as provided by law.

6.

Take charge of and safely keep the seal of the county clerk, and keep such other records and perform such other duties as are prescribed by law. ['96, pp. 548-9*.

County clerk shall not act as attorney or have a partner acting as such, 134. To certify bonds and

warrants to be within debt limit, 146. Fees of county clerk, 972.

CHAPTER 8.

COUNTY AUDITOR.

603. Shall investigate all claims. It shall be the duty of all persons holding claims against the county to present the same to the county auditor, and he shall investigate and examine into all such claims, and report the same together with his findings to the board of county commissioners at the next regular session after such investigation shall have been completed, with his approval or disapproval indorsed thereon; and he shall keep, in a book kept for that purpose, a complete record of all such claims and of his action thereon and the reasons for the same, and the action of the board thereon. All bills, claims, accounts, or charges for materials of any kind or nature that may be purchased by or on behalf of the county by any of the county officers or contracted for by the board of county commissioners, shall be investigated, examined, and inspected by the county auditor, who shall indorse his approval or disapproval thereon before any warrant for the payment of the same can be drawn. ['96, p. 549*.

Examination by auditor, ? 511, sub. 7. Certification of bonds and warrants, 146. Claims to be presented to auditor, ? 531.

604. Examine accounts of debtor of county. The auditor must examine and state the accounts of all persons indebted to the county or holding money payable into the county treasury, and must certify the amount to the treasurer, and, upon the presentation and filing of the treasurer's receipt therefor, give to such person a discharge, and charge the treasurer with the amount received by him. ['96, p. 549*.

605. Must draw warrants, when. The auditor must draw warrants on the county treasurer in favor of all persons entitled thereto, in payment of all claims and demands chargeable against the county which have been legally examined, and allowed and ordered paid by the board of county commissioners; provided however, that the auditor must not draw a warrant on the county treasurer in favor of any person until said auditor shall have received from the clerk of the board of county commissioners a certified list mentioned in subdivision four of section five hundred and nine. The auditor must also draw his warrant on the county treasurer for all debts and demands against the county, when the amounts are fixed by law, and which are not directed to be audited by some other person or tribunal. ['96, p. 549.

606. Warrants must state liability, etc. All warrants must distinctly specify the liability for which they are drawn, and when it accrued. ['96, p. 549.

Warrants must specify liability and be paid in order, ? 537.

607. Must keep books, how. The auditor shall keep the books of the county in such a manner as will show the amount of receipts from and disbursements of each department. ['96, p. 549*.

Canceled when uncalled for.

608. Accounts current. The auditor must keep accounts current with the treasurer. ['96, p. 550. 609. Form of warrants. All warrants issued by the auditor during each year, commencing with the first day of January, must be numbered consecutively, and the number, date, and the amount of each, and the name of the persons to whom payable, and the purpose for which drawn, must be stated thereon; and they must, at the time they are issued, be registered by him, and after such warrants have remained uncalled for for two years they shall be canceled. ['96, p. 550.

610. May administer oaths. The auditor is authorized to administer any oath or affirmation rendered necessary to the performance of the duties of his office, and shall have power to issue process and compel the attendance of witnesses before him to examine into any matter that he may deem necessary. Mont. Pol. C. ? 4564*.

611. Books. Preservation. Inspection. The auditor shall keep and carefully preserve all documents, books, records, and papers required to be kept in his office, and the same shall be open to public inspection during office hours. Mont. Pol. C. ? 4565*.

612. To examine books of county officers. Report. It shall be the duty of the auditor to make an examination of the books and accounts of the county treasurer, the county clerk, the county recorder, the sheriff, and the county surveyor, during each month; and to examine the books of justices of the peace as often as he may deem necessary, and for that purpose, he shall have free access to all the books, records, and papers in each of said offices. If the county auditor finds that the books of any of the officers mentioned are not kept according to law, or that improper or incorrect returns have been made by such officers, it shall be his duty to report the same at the next regular meeting of the board of county commissioners. ['96, p. 550*.

Authority of county board over officers and their books, 511, sub. 3.

613. To publish detailed statement annually. The county auditor shall prepare and publish during the month of July of each year, in some newspaper having general circulation in the county, a detailed statement of the financial condition of the county and of all receipts and expenditures for the previous year ending June thirtieth, showing:

1. The total receipts of the county, stating particularly the source of each portion of the revenue.

2.

The amount of cash on hand at the date of the last report.

3. The amount of sinking fund and how invested.

4. The number, date, and amount of every bond issued or redeemed and the amount received or paid therefor.

5. The indebtedness of the county, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof.

6. A concise statement of all property owned by the county, with an approximate estimate of the value thereof, and the amount of cash in the county treasury and in its several funds.

7. Each warrant issued, to whom, and on what account; provided, that if more than one warrant has been issued to one individual on the same account during the year, the aggregate amount shall be shown in the statement as one warrant; and provided further, that various items paid out to individuals that are charges on the county shall not be published, but the same may be stated as a total, and the itemized statement of the same shall be on file in the auditor's office.

614. Joint statement of auditor and treasurer. The auditor and the treasurer of each county must, on the second Monday in February of each year, and at such other times as the board of county commissioners may require, make a joint statement to the board of county commissioners, showing the whole amount of collections, stating particularly the source of each portion of the revenue, from all sources paid into the county treasury; the funds among which the same was distributed and the amount of each; the total amount of warrants drawn and paid, and on what funds; the total amount of warrants drawn and unpaid, and accounts or claims audited or allowed and unpaid, and the fund out of which they are to be paid; and, generally, make a full and specific showing of the financial condition of the county. ['96, p. 550*.

615. Auditor's seal. Where the county auditor is not also county clerk, he shall have a seal, to be furnished by the board of county commissioners, the impression of which shall contain the following words, "State of Utah, County Auditor," together with the name of the county in which the same is to be used.

616.

Duties generally. The auditor must discharge such other duties as are required by law. ['96, p. 550.

Auditor to procure and distribute stationery, 530. Fees of auditor, 976.

CHAPTER 9.

COUNTY RECORDER.

617. Books and supplies. County records. The recorder must procure from the county auditor such books and supplies as the business of his office requires, but orders for the same must first be obtained from the board of county commissioners. The books used may contain printed forms of deeds, mortgages, or other instruments of general use. He shall have the custody of, and must keep all books, records, maps, and papers required by law to be kept or recorded in his office. [C. L. § 149*; '96, pp. 550-1*.

618. Record all documents, etc. He must, on the payment of the fees for the same, record, in books provided for the purpose, in a fair hand, all papers, documents, records, and other writings required or permitted by law to be recorded. [C. L. § 142*; '96, p. 551.

Fees of recorder, ? 973. Ex officio mining recorder, 1502.

619. Id. To give receipt. On the filing of any instrument in writing for record in the recorder's office, the recorder shall, when requested, give to the person leaving the same to be recorded, a receipt therefor. [C. L. § 143.

620. To keep certain books, enumerated. Every recorder must keep:

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1. An entry book," in which he shall immediately upon receipt of any instrument to be recorded, or, upon the entry upon the margin of any record of any cancellation, satisfaction, or discharge of any instrument in writing, enter in the order of its reception or entry, as the case may be, the names of the parties thereto, its date, the day of the month, the hour, and the year of filing any such statement or marginal entry, and a brief description of the premises, indorsing upon each instrument and marginal entry a number corresponding with the number of such entry.

2. A "grantor's index," in which shall be indexed all deeds, final judg ments, or decrees partitioning or affecting the title to or possession of real property; which shall show the number of the instrument, the name of each grantor, in alphabetical order, the name of the grantee, date of instrument, time of