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cripts of judgments,” with each page divided into seven columns, with heads to the respective columns, as follows: Judgment debtors, judgment creditors, amount of judgments, where recovered, when recovered, when transcript filed, when judgment satisfied.
18th. An index of attachments, labelled “ Attachments," with each page divided into five columns, with heads to the respective columns, as follows: Parties against whom attachments are issued, parties issuing attachments, notices of attachments, when recorded, where recorded, when attachments discharged.
19th. An index of notices of the pendency of actions, labelled “ Notices of actions,” with each page divided into three columns, with heads to the respective columns, as follows: Parties to the actions, notices when recorded, where recorded.
20th. An index of the separate property of married women, labelled “Separate property of married women," with each page divided into five columns, with heads to the respective columns, as follows: Names of married women, names of their husbands, nature of instru. ments recorded, when recorded, where recorded.
21st. An index of pre-emption claims, labelled “ Pre-emption claims,” with each page divided into four columns, with heads to the respective columns, as follows: Claimants, notices, when received,
date of notices, when and where recorded. May keep more Sec. 15. But the recorder may, in his discretion, keep in the same in same volume. volume any two or more of the indexes mentioned in section four
teenth of this act: Provided, the several indexes be kept distinct from each other, and the volume be distinctly marked on the outside, in such way as to show all the indexes kept therein. The names of the parties in the first column in the several indexes, shall be arranged in alphabetical order, and when a conveyance is executed by a sheriff
, the name of the sheriff, and the party charged in the execution, shall both be inserted in the index, and when an instrument is recorded to which an executor, administrator or trustee, is a party, the name of such executor, administrator, or trustee, together with the name of the testator or intestate, or party for whom the trust is held, shall be inserted in the index. (1)
Sec. 16. When any instrument, paper or notice, authorized by law duto, con receipt to be recorded, shall be deposited in the recorder's office for record
, the recorder or his deputy shall endorse upon the same the time when it was received, noting the year, month, day, hour, and minute of its
Manner and form.
to be recorded.
(1) Amendment inserted from Stat. 1852, page 166.
reception, and shall record the same, or cause the same to be recorded, without delay, together with the acknowledgments, proofs, and certificates, written over or under the same, with the plats, surveys, schedule, and other papers thereto annexed, in the order and as of the time when the same was delivered for record in a fair and a large and legible hand, and shall note at the foot of the record the year, month, day, hour, and minute of its reception, and the name of the person at whose request it was recorded.
Sec. 17. The recorder shall endorse upon each instrument, paper, Recorded and notice, the book and page, or pages of the book, in which it is to be endorsed. recorded, and the year, month, day, hour, and minute when recorded, and after the same is recorded, shall deliver it upon request, to the party leaving the same for record, or to his order.
Sec. 18. It shall be the duty of recorders, upon the application Recorders to of any person, and upon the payment or tender of the legal fees therefor, to make searches for conveyances, mortgages, and all other instruments, papers, or notices, recorded or filed in their respective offices, and to furnish a certificate thereof, stating the names of the parties to such instruments, papers, and notices, the dates thereof, the year, month, day, hour, and minute, they were recorded or filed, the extent in which they affect the property to which they relate, and the book and page, or pages, where they are recorded.
Sec. 19. If any recorder to whom any instrument, proved or Penalty for acknowledged according to law, or any paper or notice which may by certain duties. law be recorded, shall be delivered for record, shall :
1st. Neglect or refuse to record such instrument, paper, or notice, within a reasonable time after receiving the same: or
2d. Record any instruments, papers, or notices, untruly or in any other manner than as hereinbefore directed; or if any recorder,
1st. Neglect or refuse to keep in his office such indexes as are required by this act, or to make the proper entries therein, or
2d. Neglect or refuse to make the searches, and to give the certificate required by this act; or if such searches or certificate be incomplete and defective in any important particular affecting the property, in respect to which the search is requested; he shall be liable to the party aggrieved for double the amount of the damages which may be occasioned by such neglect or refusal, or by such incompleteness or defect in the searches and certificate, and an action may be brought on his official bond by the party aggrieved. Sec. 20. If any recorder shall wilfully neglect or refuse to per- Wilful neglect
of duty. form any of the duties required of him by this act, or shall wilfully perform them in any other manner than is required by law, he shall
Certified copies to have the
be deemed guilty of a misdemeanor in office, and on conviction thereof in any court of competent jurisdiction, may be punished by fine in a sum not exceeding one thousand dollars, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. If the recorder shall alter, change, or obliterate any records deposited in his office, or insert any new matter therein, he shall be liable on his official bond to the party aggrieved, for double the amount of the damages which may be occasioned by such neglect, refusal, or alteration.
Sec. 21. Copies of all papers duly filed in the recorder's office, force of originals. and transcripts from the books of records kept therein, certified by
the recorder to be full, true, and correct copies, or transcripts, shall be received in all courts, and in all actions and proceedings, with the like effect as the original instruments, papers, and notices, recorded
or filed, could be if produced. Records to be Sec. 22. All books of record, and all indexes in the recorder's of open to inspection. fice, and all maps, charts, surveys, and other papers on file therein,
shall during all office hours be open for the inspection of any person who may desire to inspect them, and may be inspected without charge, and the recorder shall arrange the books of record and indexes in his
office, in such suitable places as to facilitate their inspection. Vacancy in office
Sec. 23. Whenever the office of recorder in the counties of San Francisco, Sacramento, Santa Clara, El Dorado, and San Joaquin, shall become vacant by death, removal out of the county, resignation, neglect to give bond, or for any other cause, the court of sessions shall appoint some suitable person, possessing the qualifications of an elector, to fill such vacancy, and the person so appointed shall give bond, and take the oath in like manner as required of county recorders in the sixth section of this act, and shall hold his office until his successor is chosen and qualified; such successor shall be chosen at
the next annual election. When county Sec. 24. The county clerks of the counties of this state, except of on duties. the counties of San Francisco, Sacramento, Santa Clara, El Dorado,
and San Joaquin, shall enter upon their duties as county recorders, on the first day of May of the present year.
Sec. 25. The recorders of all the counties, except San Francisco, Sacto his successor. ramento, Santa Clara, El Dorado, and San Joaquin, shall, on the first
day of May of the present year, deliver to the county clerks of their counties respectively, and all county recorders on going out of office shall deliver to their successors all books, papers, documents, maps, records, stationery, and furniture, belonging to their respective offices, and in case of the death of any county recorder, his legal represen
clerks to enter
to keep account
tatives shall in like manner deliver all books, papers, documents, maps, records, stationery, and furniture, that shall come into his or their possession, belonging to the recorder's office.
Sec. 26. The county recorders are hereby authorized and empow- Empowered ered, to take within their respective counties the acknowledgment acknowledgment and proof of all instruments and papers which may be by law recorded.
Sec. 27. The recorder shall not be bound to record any instrument, Fees to be or file any paper or notice, or furnish any copies, or to render any service connected with his office, until his fees for the same, as prescribed by law, are paid, or tendered. (1)
Sec. 28. The recorders of the counties of San Francisco, Sacra- Certain recorders mento, Santa Clara, El Dorado, and San Joaquin, and the county county auditors. clerks as recorders of the other counties, shall be ex-officio county auditors of their respective counties, until otherwise provided by law.
Sec. 29. The county auditor of each county shall keep an account County auditor current with the treasurer of his county, and when any person shall with county deposit with the auditor any receipt given by the treasurer for any money paid into the treasury, the auditor shall file such receipt in his office, and shall charge the treasurer with the amount thereof.
Sec. 30. All accounts, debts, and demands justly chargeable against County auditor any county, and which are not directed by law to he settled and allow accounts. ed by some other person or tribunal, shall be examined and settled by the auditor of such county; and for all such just demands against such county, the amount of which is fixed by law, the county auditor shall issue orders on the treasurer of such county, payable to the several persons entitled thereto.
Sec. 31. All orders issued by the auditors during the year com- Orders of mencing with the first day of May in each year, shall be numbered be numbered. progressively, and the number, date, and amount of each, and the name of the person to whom payable, and the purpose for which drawn, shall, at the time of issuing the same, be entered in a book, to be kept by the auditor for that purpose.
Sec. 32. The auditor shall make settlement with the county trea- Auditor to settle surer at the time and in the manner prescribed by law, for all moneys treasurer. received and disbursed by said treasurer, by virtue of his office. Sec. 33. The act entitled “An act establishing recorders' offices, Previous law
repealed. and defining the duties of the recorder and county auditor," passed April fourth, one thousand eight hundred and fifty, is hereby repealed; but nothing in this section shall affect the validity of any records
(1) For fees of recorders, see ante, chap. 130, secs. 11 and 45.
made, papers or notices filed, or any acts of the recorders done by virtue of said law, or which may be done by virtue thereof, up to the first day of May of the present year.
AN ACT supplementary to an Act entitled “An Act concerning
County Recorders," passed March, one thousand eight hundred and fifty-one. [Passed April 25, 1851.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows:
The offices of county clerk and recorder to be separated.
SECTION 1. The provisions of the act entitled “An act concerning county recorders,” passed March, one thousand eight hundred and fifty-one, shall not apply to Tuolumne county, so far as such act unites the office of county recorder with that of county clerk, but in said county the office of county recorder shall be separate and distinct from the office of county clerk. (1)
Sec. 2. All the provisions of said act concerning county recorders, as to the duties and responsibilities and continuance in office of the recorders of San Francisco, Sacramento, Santa Clara, El Dorado, and San Joaquin, shall apply in all respects to the records of Tuolumne and Butte counties.
Sec. 3. This act shall take effect on the first day of May next.
When act to take effect.
AN ACT concerning the office of Public Administrator, and making
it Elective. (2)—[Passed April 15, 1851.] The People of the State of California, represented in Senate and
Assembly, do enact as follows:
SECTION 1. There shall be elected, in and for each of the organized for each county. counties of this state, by the electors thereof, a public administrator,
who shall continue in office until his successor is qualified. To give bond.
Sec. 2. Before entering upon the duties of his office, he shall execute a bond, with sureties to the approval of the probate judge, in a
(1) Amendment inserted from stat. 1852, p. 165.
(2) For further duties, see ante. p. 422. For act concerning public administrator in San Francisco, see next chapter. See also chap. 157.