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C H A P T E R XII.
CLERKS.
STATUTORY PROVISIONS.

THE county clerk is chosen by the electors of the county, to serve for two years, and enters upon the duties of his office on the first Monday of October subsequent to his election.’ He is required to keep his office at the county seat of the county, and 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.” - In San Francisco he is required to keep his office open for the transaction of business on all judicial days (Sunday, New Year's Day, the Fourth of July, Christmas and Thanksgiving Days, being non-judicial days), during the following hours: from March 20th to September 20th, from nine A. M. to five P. M., and the remainder of the year from ten A. M. to four P. M.” In some counties the county clerk has the additional duties of other officers, as county auditor and county recorder, and in some counties he is clerk of the board of supervisors. Beside being clerk of the county court, he is made by statute ea officio clerk of the District Court, the Probate Court, and the Court of Sessions of his county; and he is required, either in person or by deputy, to attend each term of either of said courts held in his county." He shall issue all writs and process required to be issued 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.' so Each county clerk may appoint one or more deputies, who shall have the same power, in all respects, as their principal. . The 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 oath of office, which shall be endorsed on his appointment.” - - The county clerk may take from each of his deputies a bond, with sureties for the faithful performance of his duties; but the clerk and the sureties on his official bond shall be liable for all the official acts of each deputy.” All process issued by any deputy clerk shall be issued in the name of the principal.” No clerk or deputy clerk shall be permitted to practise as 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.” Authority is given to him as clerk to take and certify acknowledgments. He is also authorized to administer oaths and affirmations," and to certify the attestations of certain officers. - By various statutory enactments, other duties fall under the province of the county clerk. He receives the election returns of his county, estimates the vote, issues certificates of election, and makes report to the secretary of state." He is required to certify to the governor certain vacancies in office," also, to notify the governor of applications made under the act concerning applications for pardon of criminal offences." It is his duty to assist in the drawing of jurors," to record the bonds of public

* Wood's Dig. art. 2861. * Wood's Dig. art. 274, 279, and 1869; Const. * id. 280. art. vi. $ 7. * Laws 1856, p. 148; Wood's Dig. 704.

* Wood's Dig. art. 281. * Wood's Dig. art. 2144–2153.

* id. 278. * id 2875 and 2893.

* id. 284. 7 id. 2902–2904.

* id. 1157 and 1175; See chapter on ACKNowl- * See chapters on JunoRs, OFFICERs, CoEpoRAedgments. tions.

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officers, that are required by law to be filed in his office, to record
certificates of incorporation of religious and benevolent associa-
tions,' to file with the county recorder for registry, a statement
of any decree of divorce granted, or any letters testamentary, or
of administration issued,” and to furnish certified copies of papers
or records under his charge. The records of a justice of the
peace of the county are deposited with him, when a vacancy in
that office occurs, and upon the filing of a transcript of judg-
ment from a justices' court, he may be required to docket such
judgment in the county court judgment docket, and issue execu-
tion thereon into any other county of the state." He is also re-
quired to deliver the writ of habeas corpus to the sheriff, or
other ministerial officer of the court, when the writ is directed
to such officer, and to furnish a bill of items of any fees charged
by him when demanded." He is entitled to charge fees, as reg-
ulated by law, except in a few instances, for all services required
of him; nor can he be compelled to perform any service, until
the fees fixed by law for such service have been paid or tendered
to him. For the collection of any fees due him for services ren-
dered, he may have execution in his own name against the party
for whom the services were performed.” o
The following sections of the act in relation to proceedings in
civil cases as amended," contain the statutory provisions in regard
to sealing and certifying records. - o
SEC. 449. A judicial record of this state or of the United States
may be proved by the production of the original, or a copy
thereof, certified by the clerk or other person having the legal
custody thereof, under the seal of the court, to be a true copy of
such record. o
SEC. 450. The records and judicial proceedings of the courts
of any other state of the United States may be proved or admit-
ted in the courts of this state by the attestation cf the clerk and
the seal of the court annexed, if there be a seal, together with a
certificate of the judge, chief justice or presiding magistrate, as
the case may be, that the said attestation is in due form.

* See chapters on Jurons, Officeas, Corpon A- * Wood's Dig. art. 2551. tions. * id. 24.70.

* Laws 1859, p. 108. 7 id. 2466.

* Prac. Act, 607. * id. 1181-1187.

* id 599.

w o o * o

Src. 451. A judicial record of a foreign country may be proved by the production of a copy thereof, certified by the clerk, with the seal of the court annexed, if there be a clerk and seal; or by the legal keeper of the record, with the seal of his office annexed, if there be a seal, to be a true copy of such record; together with a certificate of a judge of the court that the person making the certificate is the clerk of the court, or the legal keeper of the record, and in either case that the signature is genuine and the certificate in due form ; and also, together with the certificate of the minister or embassador of the United States, or of a consul of the United States in such foreign country, that there is such a court, specifying generally the nature of its jurisdiction, and verifying the signature of the judge and clerk or other legal keeper of the record. SEC. 45 . A copy of the judicial record of a foreign country shall also be admissible in evidence upon proof: 1. That the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of it. 2. That such original was in the custody of the clerk of the court or other legal keeper of the same: and 3. That the copy is duly attested by a seal, which is proved to be the seal of the court where the record remains, if it be the record of a court; or, if there be no such seal, or if it be not a record of a court, by the signature of the legal keeper of the original. SEC. 453. Printed copies, in volumes of statutes, code or other written law, enacted by any other state or territory or foreign government, purporting or proved to have been published by the authority thereof, or proved to be commonly admitted as evidence of the existing law in the courts and judicial tribunals of such state, territory or government, shall be admitted by the courts and officers of this state on all occasions as presumptive evidence of such laws. SEC. 454. A seal of a court or public office, when required to any writ or process or proceeding, or to authenticate a copy of any record or document, may be impressed with wax, wafer, or any other substance, and then attached to the writ, process or proceeding, or to the copy of the record or document, or it may be impressed on the paper alone. A copy of any record, document or paper in the custody of a public officer of this state or of the United States, within this state, certified under the official seal, or verified by the oath of such officer to be a true, full and correct copy of the original in his custody, may be read in evidence in any action or proceeding in the courts of this state, in the like manner and with the like effect as the original could be if produced.

* - e

Whenever the public records, books or papers in the custody of any collector of customs of the United States, or of the register or receiver of any land-office of the United States, in this state, or in the office of the surveyor-general of the United States for the state of California, or in the office and in the custody of the clerk of the circuit or any district court of the United States for the state of California, shall be required as evidence in any court of this state, copies of such records, books or papers, duly certified by the proper officer, under his hand and official seal, where he has a seal, shall be received in evidence with the same force and effect as the originals.

FORMS.

Forms of Oath.*

You do solemnly swear that, &c. So help you God. You do swear in the presence of the ever-living God [or, of almighty God], that, &c.

Form of Affirmation. *** do solemnly, sincerely, and truly declare and affirm that, C.

Assent to Oath or Affirmation. I do.

Oath of Foreman of the Grand Jury.

You, as foreman of the grand jury, shall diligently inquire into, and true presentment make, of all public . against the people of this state, committed or triable within this county, of which you shall have or can obtain legal evidence. You shall

present no person through malice, hatred, or ill-will, nor leave

* When a person is sworn who believes in any other than the Christian religion, he may be sworn according to the peculiar ceremonies of his religion, if there be any such.

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