pend; nor shall any distriet attorney while in office be eligible to or hold any judicial office whatever; but if the district attorney of one county shall be requested to go to another county, or from one part to another part of his county to transact any business as district attorney, he shall be paid by his county the amount of his necessary expenses in transacting such business in addition to the salary fixed by the county board.
Court may appoint, when. s. 7, c. 43, 1883.
§ 434. Each of the district courts, whenever there shall be no district attorney for the county, or when the district attorney shall be absent from the court, or unable to attend to his duties, may, if the court shall deem it necessary, appoint by an order to be entered in the minutes of the court, some suitable person to perform for the time being the duties required by law to be per- formed by the district attorney, and the person so appointed shall thereupon be vested with all the powers of such district attorney for that purpose.
Fines, how disposed of. s. 8, c. 43, 1883.
§ 435. It shall be the duty of every district attorney, when- ever he shall receive any moneys for fines, recognizances, pen- alties or costs, to deliver to the officer or person paying the same, duplicate receipts, one of which shall be filed by such officer or person in the office of the county treasurer.
District attorney shall file statement. s. 9, c. 43, 1883.
§ 436. Every district attorney shall, on or before the first day of January in each year, file in the office of the county treasurer an account in writing, verified by his affidavit, to be filed with said account, of all moneys received by him during the preceding year by virtue of his office, or any fines, recognizances, forfeitures, penalties or costs; and he shall specify in such account the name of each person from whom he may have re- ceived such moneys, the particular amount paid by each person and the cause for which each payment was made. But he shall pay over to the county treasurer all money he may receive as such district attorney within ten days after he receives it.
Penalty for neglect to pay over money. s. 10, c. 43, 1883.
§ 437. Whenever such district attorney shall refuse or neglect to account for or pay over the moneys so received by him as required by the foregoing section, he shall be liable to a fine of not less than fifty dollars nor more than two hundred dollars: but it shall be the duty of the county treasurer, in his official name and capacity, to cause an action to be instituted upon the bond of such district attorney for the recovery of the moneys so received and unpaid by him.
Shall attend grand jury. s. 11, c. 43, 1883.
§ 438. Whenever required by the grand jury it shall be the duty of the district attorney of the county to attend them for the purpose of examining witnesses in their presence, or of giving them any advice in any legal matter, or to issue subpœnas and other process to enforce the attendance of witnesses.
ARTICLE 4.-CLERKS OF DISTRICT COURTS.
Section.
439. Appointment of clerk by district judge.
440. Clerk responsible on bond for neglect.
Section.
441. Duties of clerk of district court,
442. Clerk may adjourn court, when.
Clerk of district court appointed by judges. s. 1, c. 14, Pol. C.
§ 439. The judges of the district courts respectively shall have the power to appoint a clerk of the district court in each of the counties in his district, who shall be a resident of the district and a qualified voter thereof; who shall procure and keep a seal of the court for that county, and when courts are appointed therein shall perform all duties pertaining to that office, and shall keep his office at the county seat of his county.
Clerk responsible on bond for neglect. s. 2, c. 14, Pol. C.
§ 440. Any person who may, at any time, be injured or aggrieved by reason of the violation of the duties of his office, on the part of any such clerk of the district court, or by any wilful
neglect or refusal to perform any of the duties pertaining to the
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