CHAPTER XXX VI. SHERIFF. THE sheriff is a conservator of the peace in his county. It is his duty within his county: 1. To arrest and take before the nearest magistrate for examination, all persons who commit, or attempt to commit, a public offence in his presence, or who have committed a public offence. 2. To prevent and suppress all affrays, breaches of the peace, riots and insurrections, which may come to his knowledge. 3. To execute the process, writs, warrants and order of the courts of justice, or of judicial officers, when delivered to him for that purpose. 4. To attend in person, or by deputy, all courts except justices', probate and recorders' courts, at their respective terms, held within his county, and to obey their lawful orders and directions. 5. To serve at the request of a party to an action or proceeding, notices and papers therein. 6. In the execution of these duties, to command the aid of as many male inhabitants of his county as he may think proper and necessary.' He is the keeper of the county jail, and is responsible for the management thereof, and the safe-keeping of the prisoners." He is required to appoint an under-sheriff, to perform the duties of his office, in case the sheriff is absent from the county, or from sickness or other cause, is unable to perform them himself. He may also appoint as many deputies as he thinks proper. In San Francisco the number is limited." He is required to keep an office at the county seat, open on all days except Sundays, from nine to twelve in the forenoon, and from two to five in the afternoon. In San Francisco the hours are from nine to five in the summer months, and from ten to four in the winter months.* The sheriff or his deputy is required to attend the sessions of court, to act as the crier thereof, to call the parties and witnesses 1 Wood's Dig. art. 3230. 2 id. 3245-3260. * id. 3243, 8244; Laws 1859, p. 90. 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, also to serve the processes and execute the orders of the court, as lawfully directed. Except in certain counties, the sheriff is by statute constituted the tax-collector. A sheriff or other ministerial officer shall be justified in the execution of all process and orders regular on their face, and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued.' No direction or authority by a party or his attorney to a sheriff, or to an under or deputy sheriff, in respect to the execution of 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. When the office of the sheriff is vacant, or when the sheriff is a party to the action or proceeding, the coroner shall act in his place when the sheriff and coroner are both parties, or the action is against either of these parties for disobedience of orders, the powers or orders in the action may be executed by a person designated by a judge, denominated an elisor.' Notwithstanding the election and qualification of a new sheriff, the former sheriff is required to return all process and orders before and after judgment, which he has fully executed, and to complete the execution of all final process which he has begun to execute, and the collection of all taxes put into the hands of the sheriff for collection previous to the expiration of his term of office.' FORMS. Form of Sheriff's Return as to Garnishments. On the 1st day of January, 1858, I served on, and delivered to John Mack, a copy of the within execution with a notice in 1 Wood's Dig. art. 8265. 2 id. 8262. 3 id. 3271-8274; for San Francisco, see Laws 1856, p. 148; Laws 1859, p. 8. 4 Wood's Dig. art. 8258. writing hereto annexed, sigued by me, whereof the following is a true copy: To John Mack: You are hereby notified, that by virtue of a writ of execution issued out of the District Court of the twelfth judicial district in and for the county of San Mateo, in favor of Henry Haws vs. William Jones, to me directed and delivered, of which the foregoing is a true copy, I have levied upon, seized and attached in execution, all debts by you owing to the said William Jones, and the rights, credits and other personal property in your possession or under your control, belonging to the said William Jones, defendant in execution. day of JOHN W. ACKERSON, Sheriff of San Mateo County. On the 1858, I made the same service in all respects on David McClelland, &c., &c. And so I did levy on, seize, and attach in execution, all debts owing to the defendant, William Jones, by John Mack, David McClelland, &c., &c., and all the rights, credits, and personal property in possession or under your control, belonging to the said defendant, William Jones, the defendant in the within execution. Redwood City, Feb. 1, 1859. JOHN W. ACKERSON, Sheriff of San Mateo County. Release of Property from Attachments. District Court, } District, } the , to Know all men by these presents, that we, above-named plaintiffs, for and in consideration of us in hand paid by the receipt whereof is hereby acknowledged, hereby release and discharge from the lien or liens of any attachment or attachments heretofore issued and levied in the above-entitled action, the following-described premises, situated in the city of San Francisco, namely, all that &c., &c., so that the said property shall stand free and clear of the lien or all or any of aforesaid attachments, and be as if the same or any of the same had never issued; but it is distinctly understood, that this release and discharge is only as to the property herein particularly described, and is in no way to affect, release or discharge property embraced in said attachment, or any of them, other than that herein set forth-and further, is in no way to af fect or discharge plaintiff's cause of action in aforesaid suit. Dated, &c. [Signed by the Attorneys.] State of California, Sheriff's Bail Bond. County of Santa Clara. Whereas, in a certain action in the District Court of the third judicial district in and for the county of Santa Clara, in which Peter Smith is plaintiff, and Brigham Young is defendant, an order was duly made and delivered to the sheriff of the county of Santa Clara, requiring him forthwith to arrest the said defendant and hold him to bail, in the sum of ten thousand dollars; and the said sheriff having arrested the said defendant and taken him into custody by virtue of the said order. Now, therefore, we, Henry Flint, residing at San José, in the county of Santa Clara, by occupation a gunsmith, and Charles Steele, residing at Milpitos, in the said county, by occupation a farmer, are jointly and severally bound in the sum of ten thousand dollars, the amount in the said order of arrest mentioned, that the said defendant shall at all times render himself amenable to the process of the said court during the pendency of the said action, and to such as may be issued to enforce the judgment therein; or that we will pay to the said plaintiff the amount of any judgment which may be recovered in the said action. Dated the tenth day of November, 1859. Witness, L. P. PECK. Bond of Indemnity to Sheriff. HENRY FLINT. Know all men by these presents, that we, Peter Hart, as principal, and John Bond and William Doad as sureties, are held and firmly bound unto John M. Murphy, sheriff of the county of Santa Clara, in the sum of one thousand dollars, lawful money of the United States of America, to be paid to the said sheriff, or his certain attorney, executors, administrators or assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated the tenth day of September, A. D. 1859. Whereas, under and by virtue of a writ of attachment issued out of the third District Court, in the action of Henry Cox, plaintiff, against Joseph Park, defendant, directed and delivered to said John M. Murphy, sheriff of the county of Santa Clara, the said sheriff was commanded to attach and safely keep all the property of such defendant within his county not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand; and the said sheriff did thereupon attach the following described goods and chattels : [here insert statement.] And whereas, upon the taking of the said goods and chattels by virtue of the said writ, the said Peter Hart claimed the said goods and chattels as his own property, and thereupon a jury was summoned by the said sheriff to try such claim, which said jury have by their finding decided in favor of said claim. And whereas, the said plaintiff, notwithstanding such finding, requires of said sheriff that he shall retain said property under such attachment, and in his custody. Now, therefore, the condition of this obligation is such, that if the said Peter Hart, John Bond and William Doad, their heirs, executors and administrators, shall well and truly indemnify and save harmless him the said sheriff, his heirs, executors and administrators, of and from all damages, expenses, costs and charges, and against all loss and liability which he, the said sheriff, his heirs, executors and administrators, shall sustain or in anywise be put to, for or by reason of the retention by him, the said sheriff, in his custody, under said attachment, of the property claimed as aforesaid, then the above obligation to be void, otherwise to remain in full force and virtue. Received from A. L. Rhodes, attorney for plaintiff in the above action, for collection and execution therein, endorsed, levy, and collect $500, with interest from the fourth day of June, 1859, besides fees, &c., and returnable in sixty days to Santa Clara county clerk's office. Dated June 30, 1859. J. M. MURPHY, Sheriff of Santa Clara County. Certificate and Transfer of Sheriff on Sale of Personal Property—an State of California. In the District Court of the Twelfth Judicial District, in and for the County of San Mateo. Henry Haws William Jones and Charles Brown, I, John W. Ackerson, sheriff of the said county of San Mateo, do hereby certify that, by virtue of an execution in the above |