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lienholders, purchase and take with like notice and effect as if such copy of decree was a duly recorded deed, grant, or transfer.

NOTE.-Stats. 1870, p. 798, Sec. 2.

4240. The Recorder may keep in the same volume any two or more of the indexes mentioned in Section 4236, but the several indexes must be kept distinct from each other, and the volume distinctly marked on the outside in such way as to show all the indexes kept therein. The names of the parties in the first column in the several indexes must be arranged in alphabetical order, and when a conveyance is executed by a Sheriff, the name of the Sheriff and the party charged in the execution must both be inserted in the index, and when an instrument is recorded to which an executor, administrator, or trustee is a party, the name of such executor, administrator, or trustee, together with the name of the testator or intestate, or party for whom the trust is held, must be inserted in the index.

4241. When any instrument, paper, or notice, authorized by law to be recorded, is deposited in the Recorder's office for record, the Recorder must indorse upon the same the time when it was received, noting the year, month, day, hour, and minute of its reception, and must record the same without delay, together with the acknowledgments, proofs, and certificates, written upon or annexed to the same, with the plats, surveys, schedule, and other papers thereto annexed, in the order and as of the time when the same was received for record, and must note at the foot of the record the exact time of its reception, and the name of the person at whose request it was recorded.

4242. He must also indorse upon each instrument, paper, or notice, the time when and the book and pages

29-VOL. II.

May keep indexes

two or more

in same volume.

Recorder's receipt of

duty on

instrument

to be

recorded.

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.

4256. The District Attorney is the public prose- Duties of cutor, and must:

1. Attend the District and County Courts, and conduct, on behalf of the people, all prosecutions for public offenses;

District
Attorney.

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 recog nizances 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
by the Legislature.-See Attorney General vs. Brown,
16 Cal., p. 441. It was held in 8 Cal., p. 435, in the case
of The People vs. Butler, that: "On the part of the
State the prosecution is but a fair and just inquiry into
the guilt or innocence of the accused. She can have no
interest in convicting the innocent or in releasing the
guilty. She stands perfectly impartial between the
community and the individual. Prosecuting attorneys
should, therefore, do their duty faithfully, but no more.
They should never act as employed counsel." Unfin-
ished business to be turned over to successor.-Cole vs.
McKune, 19 Cal., p. 422. Deputy District Attorney to
perform what duties.-People vs. Megallones, 15 Cal.,
p. 426. Allowing assistant discretionary.-People vs.
Blackwell, 27 Cal., p. 65. What commissions may be
had by District Attorney.-Higby vs. Calaveras Co., 18
Cal., p. 176; People vs. Bircham, 12 Cal., p. 50. Sal-
ary.-Dorsey vs. Smyth, 28 Cal., p. 21. See Penal Code
Cal.: disclosing fact of indictment found, Sec. 168; pro-
ceedings for removal of, id. 771; if fails to attend Court,
it may appoint, id. 1130; duty of on an inquisition, id.
1222; dismissal of action on application of, id. 1385;
duty of when fugitive from justice arrested, id. 1554;
official neglect, id. 176; advise Grand Jury, id. 925; re-
quire bench warrant to issue, id. 934. See other duties,
Penal Code Cal., in prosecuting criminal actions.

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.,
Secs. 3547-3553, ante.

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 county. made by another.

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,

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