be kept by columns, headed respectively: "Names of mortgagees," Indexes to "Names of mortgagors," "Date of mortgages," "Where Recorder. recorded," "When discharged." 5. Two indexes of release of mortgages, labelled respectively: "Releases of mortgages of real propertymortgagors," "Releases of mortgages of personal property-mortgagors," with the pages thereof divided into six columns, headed respectively: "Parties releasing," "To whom releases are given," "Date of releases," "Where releases are recorded," "Date of mortgages released," "Where mortgages released are recorded." 6. Two indexes of releases of mortgages, labelled respectively: "Releases of mortgages of real propertymortgagees," "Releases of mortgages of personal property-mortgagees," with the pages thereof divided. into six columns, headed respectively: "Parties whose mortgages are released," "Parties releasing," "Date of releases," "Where recorded," "Date of mortgages released," "Where mortgages released are recorded." 7. An index of powers of attorney, labelled "Powers of Attorney," each page divided into five columns, headed respectively: "Names of parties executing the powers," "To whom powers are executed," "Date of powers," "Date of recording," ," "Where powers are recorded." 8. An index of leases, labelled "Leases," each page divided into four columns, headed respectively: "Names of lessors," "Names of lessees," "Date of leases," "When and where recorded." 9. An index of leases, labelled "Lessees," each page divided into four columns, headed respectively: "Names of lessees," "Names of lessors," "Date of leases," "When and where recorded." 10. An index of marriage certificates, labelled "Marriage Certificates-Men," each page divided into six columns, headed respectively: "Men married," "To whom married," "When married," " By whom married," "Where married," "Where certificates are recorded." 11. An index of marriage certificates, labelled "Marriage Certificates-Women," each page divided into six Indexes to columns, headed respectively: "Women married" (and be kept by Becorder. under this head placing the family names of the women), "To whom married," "When married," "By whom married," "Where married," "Where certificates are recorded." 12. An index of assignments of mortgages and leases, labelled "Assignments of Mortgages and Leases—Assignors," each page divided into five columns, headed respectively: "Assignors," "Assignees," "Instruments assigned," "Date of assignments," "When and where recorded." 13. An index of assignments of mortgages and leases, labelled "Assignments of Mortgages and Leases-Assignees," each page divided into five columns, headed respectively: "Assignees," "Assignors," "Instruments assigned," "Date of assignments," "When and where recorded." 14. An index of wills, labelled "Wills," each page divided into four columns, headed respectively: "Names of testators," "Date of wills," "Date of probate," "When and where recorded." 15. An index of official bonds, labelled "Official Bonds," each page divided into five columns, headed respectively: "Names of officers," "Names of offices," "Date of bonds," "Amount of bonds," "When and where recorded." 16. An index of notices of mechanics' liens, labelled "Mechanics' Liens," each page divided into three columns, headed respectively: "Parties claiming liens," "Against whom claimed," "Notices when and where recorded." 17. An index to transcripts of judgments, labelled "Transcripts of Judgments," each page divided into seven columns, headed respectively: "Judgment debtors," "Judgment creditors," " Amount of judgments," "Where recovered," "When recovered," "When transcript filed," "When judgment satisfied." 18. An index of attachments, labelled "Attachments," each page divided into five columns, headed respectively: "Parties against whom attachments are issued," " Parties issuing attachments," "Notices of attachments," "When recorded," "Where recorded," "When attachments discharged." 19. An index of notices of the pendency of actions, labelled "Notices of Actions," each page divided into three columns, headed respectively: "Parties to the actions," "Notices when recorded," "Where recorded." 20. An index of the separate property of married women, labelled "Separate Property of Married Women," each page divided into five columns, headed respectively: "Names of married women," "Names of their husbands," "Nature of instruments recorded," "When recorded," "Where recorded." 21. An index of preemption claims, labelled "Preemption Claims," each page divided into four columns, headed respectively: "Claimants," "Notices," "When received," "Date of notices," "When and where recorded." 22. An index to the Register of births and deaths. SEC. 4237. 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, in which in separate columns he must enter the names of the plaintiff in the execution, the defendant in the execution, the purchaser at the sale, and the date of the sale. Stats. 1865-6, p. 813, Sec. 1. SEC. 4238. The Recorder must file and record with the record of deeds, grants, and transfers, certified copies of final judgments or decrees partitioning or affecting the title or possession of real property, any part of which is situate in the county of which he is Recorder. Stats. 1870, p. 798, Sec. 1. Records of of sale. certificates To record decrees of partition. copy to notice. SEC. 4239. Every such certified copy of partition, from Filing of the time of the filing the same with the Recorder for impart record, imparts notice to all persons of the contents thereof; and subsequent purchasers, mortgagees, and lienholders, purchase and take with like notice and effect May keep two or more indexes in same volume. Recorder's duty on receipt of instrument to be recorded. Recorded instru indorsed. as if such copy of decree was a duly recorded deed, grant, or transfer. Stats. 1870, p. 798, Sec. 2. SEC. 4240. The Recorder may keep in the same volume any two or more of the indexes mentioned in section two hundred and twenty-four, but the several indexes must be kept distinct from each other, and the volume 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 must 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 must 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, must be inserted in the index. SEC. 4241. When any instrument, paper, or notice, authorized by law to be recorded, is deposited in the Recorder's office for record, the Recorder must indorse upon the same the time when it was received, noting the year, month, day, hour, and minute of its reception, and must record the same without delay, together with the acknowledgments, proofs, and certificates, written upon or annexed to the same, with the plats, surveys, schedule, and other papers thereto annexed, in the order and as of the time when the same was received for record, and must note at the foot of the record the exact time of its reception, and the name of the person at whose request it was recorded. SEC. 4242. He must also indorse upon each instrument, ments to be paper, or notice, the time when and the book and pages in which it is recorded, and must thereafter deliver it upon request to the party leaving the same for record, or to his order. SEC. 4243. The Recorder must, upon the application of any person, and upon the payment or tender of the to make fees therefor, make searches for conveyances, mortgages, Recorder and all other instruments, papers, or notices recorded or searches. filed in his office, and 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 to which they purport to affect the property to which they relate, and the book and pages where they are recorded. SEC. 4244. 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: 1. Neglects or refuses to record such instrument, paper, or notice, within a reasonable time after receiving the same; or, 2. Records any instruments, papers, or notices untruly, or in any other manner than as herein before directed; or, 3. Neglects or refuses to keep in his office such indexes as are required by this Article, or to make the proper entries therein; or, 4. Neglects or refuses to make the searches and to give the certificate required by this Article; or if such searches or certificate are incomplete and defective in any important particular affecting the property in respect to which the search is requested; or, 5. Alters, changes, or obliterates any records deposited in his office, or inserts any new matter therein; He is liable to the party aggrieved for three times the amount of the damages which may be occasioned thereby. SEC. 4245. He 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 his fees for the same, as prescribed by law, are, if demanded, paid or tendered. SEC. 4246. 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 Liable for neglect of certain duties. Fees to be prepaid. Records to be open for inspection. |