Time of reception. Names of grantors. Names of To whom delivered. Fees received. Whenever any instrument has been received by him for record, he shall immediately endorse upon such instrument his certificate, noting the day, hour, and minute of its reception, the volume and page where recorded, and the fees received for recording the same, and the date of record of such instrument shall be from the date of the filing of the same. Whenever any instrument has been filed as aforesaid, the recorder shall immediately make an entry of the same in his receiving book, under the appropriate heading, with the amount paid as fees for recording the same; and after such instrument has been recorded, he shall deliver it to the person authorized to receive it, writing the name of the person to whom it was delivered in the appropriate column. Sec. 47. He shall also keep a large well-bound book, in which shall be platted all maps of towns, villages, or additions to the same, within his county, together with the description, acknowledgment, or other writing thereon. He shall keep an index to such book of plats, which index shall contain the name or names of the proprietors of said town or village or addition. No recorder of deeds shall be bound to perform any of the duties required to be performed by this act, for which a fee is allowed, unless such fee has been paid or tendered. Sec. 48. He shall keep an index of each volume of records kept in his office, showing on one page the grantors' names, in alphabetical order, and on the other page the names of the grantees, in alphabetical order. Sec. 49. Copies of all papers filed in the office of the recorder of deeds, and transcript from the books of record kept therein, certified by him under the seal of his office, shall be prima facie evidence in all cases. Sec. 50. That county clerks and ex officio county recorders of each county of the territory be, and are hereby, authorized to administer legal oaths, and take such acknowledgments to any instruments of writing required to be acknowledged by any law of this territory. Sec. 51. The county clerk shall in no case deliver any county order or warrant issued by the board of (county) commissioners to any person except the payee thereof, or to his agent, assignee, or legal representative, whose authority to receive and receipt for the same shall be in writing and delivered to the clerk, and it shall be the duty of the board of commissioners, at each session thereof, to examine the book in which county orders or warrants are entered, and ascertain to whom any county order or warrant issued by their authority shall have been delivered; and if the county clerk shall have delivered any order or warrant to any person except as herein provided, he shall be liable to the county therefor, and the amount of such order or warrant shall be deducted out of any fees, emoluments, or indebtedness due to such clerk from the county. ARTICLE IV. SHERIFFS. Sec. 52. Sheriff elected for two years and to give bond. Sec. 53. Form and condition of bond. Sec. 54. Sheriff to appoint under-sheriff. Sec. 55. Sheriff to appoint deputies. Sec. 56. Appointment to be in writing and filed in office of county clerk. Sec. 57. Sheriff to have charge of jail and prisoners. Sec. 58. To execute all processes and attend court. Sec. 59. Sheriff to preserve peace and suppress affrays. Sec. 60. To deliver to successor jail and other property of the county. Sec. 61. To execute processes received before removal or expiration of term. Sec. 62. When misconduct of deputy breach of bond. Sec. 63. Action for breach of bond may be prosecuted against executor or administrator. Sec. 64. Paper to be served on sheriff may be left at his office. Sec. 65. No sheriff to advise as attorney. Sec. 66. Liable to fine for not serving process. Sec. 67. Liable to fine for receiving illegal fee. Sec. 52. A sheriff shall be elected in each county organized for judicial purposes, for the term of two years, and who shall, before he enter upon the duties of his office, execute to this territory a bond with at least three sufficient securities, in such penal sum not less than five thousand dollars, nor more than fifty thousand dollars, as the judge of the probate court and county clerk shall specify and approve; said bond, when thus approved, to be filed in the office of said clerk; and no person shall be received as surety who is not worth at least two thousand dollars, over and above his just debts: Provided, That no person shall be elected sheriff for more than two terms in succession. Sec. 53. follows: The condition of such bond shall be in substance as Whereas, The above bounden office of sheriff of the county of was elected to the on the day of Now, the condition of this obligation is such, that if the said shall well and faithfully perform and execute the duties of the office of sheriff of said county of during his continuance in office, by virtue of said election, without fraud, deceit, or oppression, and shall pay over all moneys that may come into his hands as sheriff, and shall deliver to his successor all writs, papers, and other things pertaining to his office, which may be so required by law, then the above obligation shall be void; otherwise to be and remain in full force and effect. Sec. 54. The sheriff of each county shall, as soon as may be, after entering upon the duties of his office, appoint some proper person under-sheriff of said county, who shall also be a general deputy, to hold during the pleasure of the sheriff; and as often as a vacancy shall occur in the office of such under-sheriff, or if he become incapable of executing the duties of said office, another shall in like manner be appointed in his place. Sec. 55. Each sheriff may appoint such and so many deputies as he may think proper, for whose official acts and those of his under-sheriff he shall be responsible; and may revoke such appointments at his pleasure; and persons may also be deputized by such sheriff or under-sheriff, in writing, to do particular acts; and the sheriff and his sureties shall be responsible on his official bond, for the default or misconduct of his under-sheriff and deputies. Sec. 56. Every appointment of an under-sheriff, or of a deputysheriff, and every revocation of such appointment, shall be in writing, under the hand of the sheriff, and shall be filed in the office of the clerk of the county; but this section shall not extend to any person who may be deputized by any sheriff or under-sheriff, to do a particular act only. Sec. 57. The sheriff shall have charge and custody of the jails in his county, and of the prisoners in the same, and shall keep them himself or by his deputy or jailer, for whose acts he and his surities shall be liable. Sec. 58. The sheriff, in person, or by his under-sheriff or deputy, shall serve and execute, according to law, all processes, writs, precepts, and orders issued or made by lawful authority, and to him directed; and shall attend upon the several courts of record held in his county. Sec. 59. It shall be the duty of the sheriff and under-sheriff and deputies to keep and preserve the peace in their respective counties, and to quiet and suppress all affrays, riots, and unlawful assemblies and insurrections, for which purpose, and for the service of process in civil and criminal cases, and in apprehending or securing any person for felony or breach of the peace, they, and every coroner and constable, may call to their aid such person or persons of their county as they may deem necessary. Sec. 60. Whenever a new sheriff shall be elected and shall have qualified as required by law, the former sheriff shall, upon demand, deliver to him the jail and other property of the county, and all prisoners in such jail, and all writs, processes, orders, and other papers belonging to such office and in his possession, or the possession of his under-sheriff or deputies, except as provided in the next succeeding section; and, upon delivery thereof, such new sheriff shall execute to the former sheriff a receipt therefor. Sec. 61. Sheriffs, under-sheriffs, and deputies may execute and return all such writs and processes as shall be in their hands at the expiration of their term of office, or at the time of their removal from office, which they shall have begun to execute by service, levy, or collection of money thereon. Sec. 62. Any default or misconduct in the office of deputysheriff or jailer, after the death, resignation, or removal of any sheriff by whom he was appointed, shall be adjudged a breach of the bond of such sheriff. Sec. 63. Any action for default or misconduct of any sheriff, his under-sheriff, jailer, or any of his deputies, may be prosecuted against the executors or administrators of such sheriff. Sec. 64. Every paper required by law to be served on the sheriff may be served on him in person, or left at his office during business hours. Sec. 65. No sheriff, under sheriff, or deputy, shall appear or advise as attorney or counsellor in any case in any court. Sec. 66. Whenever any sheriff shall neglect to make due return of any writ or process delivered to him to be executed, or shall be guilty of any default or misconduct in relation thereto, he shall be liable to fine or attachment, or both, at the discretion of the court, subject to appeal-such fine, however, not to exceed two hundred dollars-and also an action for damages to the party aggrieved. Sec. 67. No sheriff shall, directly or indirectly, ask, demand, or receive, for any service to be by him performed in the discharge of any of his official duties, any greater fees than are allowed by law, on pain of forfeiture of treble damages to the party aggrieved, and of being fined in a sum not less than twenty-five dollars and not more than two hundred dollars. ARTICLE V. CORONER. Sec. 68. Coroner to be elected and give bonds. Sec. 69. Coroner to exercise power of sheriff in certain cases. Sec. 70. To execute process when sheriff a party. Sec. 71. Sec. 72. To serve process when sheriff prejudiced or related to party in suit. To hold inquest-when and how. Sec. 73. To summons jurors and administer oaths. Sec. 74. May issue subpoenas and punish for contempt. Sec. 76. To reduce testimony to writing. Sec. 77. Form of verdict. Sec. 78. To be kept secret-when. Sec. 79. Coroner may order arrest. Sec. 80. May issue warrants of arrest. Sec. 81. Warrant of equal authority with justice's. Sec. 82. What warrant to contain. Sec. 83. What to return to-district court. Sec. 84. To have body buried and expense paid. Sec. 85. When justice to act as coroner. Sec. 86. When to summon surgeon to inquisition. Section 68. A coroner shall be elected in each county for the term of two years, who shall, before he enter upon the duties of his office, give bonds to this territory in such penal sum, not less than five hundred dollars, nor more than five thousand dollars, with sufficient sureties, not less than two in number, as the county treasurer shall direct and approve, the condition of which bond shall be in substance the same as that given by the sheriff, such bond to be filed with the clerk of the proper county. Sec. 69. When there shall be no sheriff in the county organized for judicial purposes, it shall be the duty of the coroner to exercise all the powers and duties of the sheriff of his county until a sheriff be elected and qualified; and when the sheriff, from any cause, shall be committed to the jail of his county, the coroner shall be keeper thereof during the time the sheriff shall remain prisoner therein. Sec. 70. Every coroner shall serve and execute processes of every kind, and perform all other duties of the sheriff, when the sheriff shall be a party to a case, or when affidavit shall be made and filed, as provided in the succeeding section; and in all such |