Title 31, COUNTIES AND COUNTY LAW

31-2217. Coroner to execute certain process. When the sheriff is a party to an action or proceeding, the process and orders therein, which it would otherwise be the duty of the sheriff to execute, must be executed by the coroner of the county.

31-2218. Elisor, when appointed. Process and orders in an action or proceeding may be executed by a person residing in the county, designated by the court, the judge thereof, or a magistrate judge, and denominated an elisor in the following cases: 1. When the sheriff and coroner …

31-2219. Compensation for services to state. When the sheriff or other officer is legally required to perform a service on behalf of the people of this state, which is not chargeable to his county or private person, his account and claim for compensation must be filed with the bo…

31-2220. Incarceration of sheriff on arrest. If the sheriff, on being arrested by a coroner, or if the sheriff or coroner on being arrested by an elisor, or if another person in an action in which both the sheriff and coroner are plaintiffs upon an order of arrest in a civil acti…

31-2221. Elisor has powers of sheriff. An elisor appointed to execute process and orders in the cases mentioned in this chapter, is invested with the powers, duties and responsibilities of the sheriff, in the execution of the process, or orders, and in every matter incidental the…

31-2222. Termination of sheriff’s powers. When a new sheriff is elected, and has qualified and given the security required by law, the county recorder must give a certificate of that fact, under his seal of office, upon the service of which on the former sheriff his powers cease,…

31-2223. Delivery of property to successor. Within three (3) days after the service of the certificate upon the former sheriff, he must deliver to his successor: 1. The jail of the county, with its appurtenances and the property of the county therein. 2. The prisoners then confin…

31-2224. Delivery of property to successor — Written transfer and receipt. He must also, at the same time, deliver to the new sheriff a written transfer of the property. The new sheriff must thereupon acknowledge, in writing on a duplicate of the transfer, the receipt of the prop…

31-2225. Completion of process. The new or succeeding sheriff must complete the execution of all writs and process delivered to him by his predecessor in office as partially executed, in like manner and with like effect as he might execute writs or process delivered to him in the…

31-2226. Refusal to deliver property. If the former sheriff refuses or neglects to deliver to his successor the jail, process, papers and prisoners in his charge, the new sheriff may, notwithstanding, take possession of the jail, and of the prisoners confined therein, and the mag…

31-2227. Enforcement of penal laws — Primary responsibility. (1) Irrespective of police powers vested by statute in state, county and municipal officers, and except where otherwise provided in Idaho Code, it is hereby declared to be the policy of the state of Idaho that the prima…

31-2228. Youth programs fund. The sheriff of each county is authorized to create a self-perpetuating youth programs fund for use in implementation of prevention and early intervention programs for at-risk youth in the county, including but not limited to: (1) providing mentoring …

31-2229. Search and rescue. (1) For the purpose of this section: (a) "Aerial search" means a response by the Idaho office of emergency management and the Idaho transportation department’s division of aeronautics to a missing or overdue aircraft or airman. (b) "Rescue" means a res…

31-2301. Auditor to draw warrants. The auditor must draw warrants on the county treasurer in favor of all persons entitled thereto, in payment of all claims and demands chargeable against the county which have been legally examined, allowed and ordered paid by the board of commis…

31-2302. Requirements of warrants. All warrants must distinctly specify the liability for which they are drawn, and when it accrued.

31-2303. Settlement of debts to county. The auditor must examine and settle the accounts of all persons indebted to the county, or holding moneys payable into the county treasury, and must certify the amount to the treasurer, and upon the presentation and filing of the treasurer’…

31-2304. Accounts with treasurer. The auditor must keep accounts current with the treasurer, and when any person deposits with the auditor any receipt given by the treasurer for any money paid into the treasury, the auditor must file such receipt and charge the treasurer with the…

31-2305. Warrant blanks — Registration. The auditor shall have prepared, in separate series, warrant blanks for each year. They must be numbered consecutively, and must show the year against the revenue of which they are to be issued. He shall begin the use of a new series of war…

31-2308. Other duties of auditor. The auditor must discharge such other duties as are required by law.

31-2309. Filing and recording bond of recorder and auditor. The bonds of the recorder and auditor must be filed by the district judge in the district court for that county, and a copy thereof duly recorded by the county recorder, and when so recorded, fully attested by the distri…

31-2401. Books to be procured — Custody. The recorder must procure such books or other electronic storage methods for records as the business of his office requires. He has the custody of and must keep all books, records, maps and papers deposited in his office. The recorder may …

31-2402. Instruments to be recorded. (1) He must, upon the payment of his fees for the same, record separately, in large and well-bound separate books or through approved electronic storage systems, in legible handwriting, typewriting or by photographic reproduction: (a) Deeds, g…

31-2402A. Microfilm records — Method of designation — Official records. In lieu of any or all of the separate books provided for in section 31-2402, Idaho Code, the county recorder may, in his discretion, where such record or document has been copied or reproduced by microfilm, s…

31-2404. Indexes to be kept. Every recorder must keep: (1) An index of deeds, grants and transfers, labeled "Grantors," each page divided into four (4) columns, headed respectively, "Names of grantors," "Names of grantees," "Date of deeds, grants or transfers" and "Where recorded…

31-2405. Indexing official deeds. Deeds made by sheriffs, collectors, administrators, trustees and other officers, in their official capacity, shall be indexed by the recorder in the name of the owner of the property conveyed, as grantor, by the officer, naming him and his office…

31-2406. Certificates of sale. The recorder must keep in his office a book to be called "Certificates of sale," and record therein all certificates of sale of real estate sold under execution or under order made in any judicial proceeding. He must also prepare an index thereto, i…

31-2407. Judgments affecting land. When requested and paid the fee therefor, the recorder must record with the record of deeds, grants and transfers, certified copies of final judgments, decrees or transcripts of judgments or decrees partitioning or affecting the title or possess…

31-2408. Decree of partition — Record imparts notice. Every such certified copy of a decree of partition, from the time of delivery of the same with the recorder for record, imparts notice to all persons of the contents thereof; and subsequent purchasers, mortgagees and lienholde…

31-2409. Several indexes in same volume. The recorder may keep in the same volume any two (2) or more of the indexes required to be kept, but the several indexes must be kept distinct from each other, and the volume must be distinctly marked on the outside in such way as to show …

31-2410. Endorsement on instruments. When any instrument, paper or notice, authorized by law to be recorded, is deposited in the recorder’s office for record, the recorder must endorse upon the same the time when it was received, noting the year, month, day, hour and minute of it…

31-2411. Endorsement of book and page of record — Delivery to party. The recorder must also endorse upon each instrument, paper or notice, the book and pages or instrument number in which it is recorded, and must thereafter deliver it upon request to the party leaving the same fo…

31-2412. Number to be stamped on instruments. It is hereby made the duty of each county recorder in this state, when any instrument, paper or notice authorized by law to be recorded is deposited in the recorder’s office for record, immediately to write or stamp thereon an instrum…

31-2413. Reception book. There shall be provided by the county recorder of each county, a book for use in the office of the recorder to be known as the reception book, in which shall be entered, immediately after numbering, all instruments, papers or notices authorized by law to …

31-2414. Certificate of time of reception. When any such instrument, paper or notice is numbered and entered in the reception book and indexed, it shall be recorded, as now provided by law; and it shall be the duty of the recorder to write or stamp, or cause to be written or stam…

31-2415. Failure to record instrument properly — Liability and penalty. If any recorder neglects or refuses or fails to record any instrument, paper or notice authorized by law to be recorded, in the manner provided for in sections 31-2412, 31-2413 and 31-2414, Idaho Code, he sha…

31-2417. Liability for neglect. (1) 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: (a) Neglects or refuses without any legal basis to record such instrument, paper or no…

31-2418. Fees to be prepaid. The county recorder is not bound to record any instrument or file any paper or notice, or furnish any copies, or to render any service connected with his office, until the fees for the same, as prescribed by law, are, if demanded, paid or tendered.

31-2419. Records open to inspection. 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 reco…

31-2501. Duties of assessor. The assessor’s duties are prescribed in title 63, relating to revenue.

31-2601. Qualifications. No person shall be eligible to qualify for the office of prosecuting attorney who is not an attorney and counselor at law duly licensed to practice as such in the district courts of the state at the time he assumes office as prosecuting attorney. No prose…

31-2602. Deputy prosecuting attorneys — Appointment, salary, and qualifications. Each prosecuting attorney may be empowered by the board of county commissioners of his county to appoint deputy prosecuting attorneys upon a finding by such board of county commissioners that such ap…

31-2603. Special prosecutor — Appointment. (a) When the prosecuting attorney for the county is absent from the court, or when he has acted as counsel or attorney for a party accused in relation to the matter of which the accused stands charged, and for which he is to be tried on …

31-2604. Duties of prosecuting attorney. It is the duty of the prosecuting attorney: 1. To prosecute or defend all actions, applications or motions, civil or criminal, in the district court of his county in which the people, or the state, or the county, are interested, or are a p…

31-2605. Receipts for money collected. When any prosecuting attorney receives any money for fines, forfeitures, penalties or costs, he must deliver to the person paying the same duplicate receipts therefor, one (1) of which must be filed by such person in the office of the county…

31-2606. Prohibitions. No prosecuting attorney must receive any fee or reward for or on behalf of any prosecutor or other individual, for services in any prosecution, or business to which it is his official duty to attend or discharge; nor be concerned as attorney or counsel for …

31-2607. Adviser of county commissioners. The prosecuting attorney is the legal adviser of the board of commissioners; he must attend their meetings when required, and must attend and oppose all claims and accounts against the county when he deems them unjust or illegal.