filing, kind of instrument, consideration, the book and page in which it is recorded, and a brief description of the premises.

3. A "grantee's index" in which shall be indexed all deeds, final judgments, or decrees partitioning or affecting the title to or possession of real property; which shall show the number of the instrument, the name of the grantor, in alphabetical order, the name of the grantee, date of the instrument, time of filing, kind of instrument, consideration, the book and page in which it is recorded, and a brief description of the premises.

4. A "mortgagor's index" in which shall be entered all mortgages, deeds of trust, liens, and all other instruments in the nature of an incumbrance upon real estate, which shall show the number of the instrument, name of each mortgagor, debtor, or person charged with incumbrance, in alphabetical order, the name of the mortgagee, lienholder, creditor, or claimant, date of instrument, time of filing, nature of instrument, consideration, the book and page in which it is recorded, and a brief description of the property charged.

5. A "mortgagee's index" in which shall be entered all mortgages, deeds of trust, liens, and all other instruments in the nature of an incumbrance upon real estate, which shall show the number of the instrument, name of each mortgagor, debtor, or person charged with the incumbrance, in alphabetical order, the name of the mortgagee, lienholder, creditor, or claimant, date of instrument, time of filing, nature of instrument, consideration, the book and page in which it is recorded, and a brief description of the property charged.

6. An abstract record," which shall show by tracts every conveyance or incumbrance recorded, the date and character of the instrument, time of filing the same, and the book and page where the same is recorded, which book shall be so kept as to show a true chain of title to each tract and the incumbrances thereon, as shown by the records of his office.

99 66

7. An index of chattel mortgages, labeled "chattel mortgages," each page divided into seven columns, namely: "date of filing," " ," "book, page, "canceled," " from," "to," and "remarks."

8.

An index to recorded maps, plats, and subdivisions.

9. An index of powers of attorney, labeled "powers of attorney," each page divided into six columns, viz: "date of filing," "book," "page," "from," "to," "revoked."

10. A miscellaneous index in which shall be entered all instruments of a miscellaneous character not otherwise provided for in this chapter, each page divided into six columns, viz: "date of filing," "book,” “page. "instrument," "from," "to," "remarks."

11. An index of transcripts of judgment, labeled "transcripts of judg ments," each page divided into seven columns headed, respectively, "judgment debtors," "judgment creditors," "amount of judgment," "where recovered," "when recovered," "when transcript filed." "when judgment satisfied.”

12. A general filing index in which shall be indexed all executions and writs of attachments, and any other instruments not provided by law to be spread upon the records, and in separate columns he must enter the names of the plaintiffs in the execution, the defendants in the execution, the purchaser at the sale and the date of the sale, and the filing number of the document.

13. The indexes provided for in subdivisions seven, nine, ten, eleven, and twelve shall be alphabetically arranged, and in each case a reverse index shall be kept. [C. L. § 145; 90 p. 77; '96, pp. 551-2*.

621. Recording maps and plats. It shall be unlawful for any recorder to record any map, plat, or subdivision of land, situated in any city or town, until the same shall have been approved by the legislative authority of the city or town in which such land may be situated, or by some city or town officer for that purpose to be designated by resolution or ordinance of said legislative authority, and, in the absence of said legislative authority, by the legislative

authority of the county in which the town is situated, except the said map, plat, or subdivision be attached to or form a part of a conveyance and relate to the property or some part thereof embraced in said conveyance. And it shall be unlawful for any recorder to record any map, plat, or subdivision of land situated outside of any city or town until the same shall have been approved by the board of county commissioners of the county in which such land is situated, or by some county officer for that purpose designated by resolution or ordinance of said board, except that the said map, plat, or subdivision be attached to or form a part of a conveyance and relate to the property, or some part thereof, embraced in said conveyance. For each and every violation of this section by any recorder, his deputy, or employee, each recorder shall forfeit and pay to the county the sum of two hundred dollars, to be recovered in any court of competent jurisdiction. [C. L. § 146*.

Approval of map, etc., 22 2011-2013.

622. Indexing deed of sheriff, etc. Deeds and other instruments affecting real estate made by a marshal, sheriff, master in chancery, special commissioner, executor, administrator, guardian, trustee, or other person acting in behalf of another, shall be indexed in the name of the person whose land is sold or affected as grantor, and a note shall be made in the index indicating in what capacity the deed was made. [C. L. § 147.

623. Record of judgments. The recorder must, when filed with him for that purpose, record in the record of deeds 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. ['96, p. 552.

624. Id. Notice imparted. Every such certified copy, from the time of filing the same with the recorder for record, imparts notice to all persons of the contents thereof; and subsequent purchasers, mortgagees, and lien holders purchase and take with like notice and effect as if such copy was a duly recorded deed, grant, or transfer. ['96, p. 552.

625. Manner of filing and recording. When any instrument, paper, or notice authorized by law to be filed or recorded is deposited in the recorder's office for record, the recorder must indorse upon the same its proper number, the time when it was received, noting the year, month, day, hour, and minute of its Reception, the amount of fees for recording, 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, schedules, and other papers thereto annexed, in the order and as to the time when the same was received, and must note at the foot of the record the exact time of its reception. If any such instrument, paper, or notice contains a specific reference by book and page to any other document recorded in the recorder's office, the recorder shall note on the margin of the record of the document so referred to the book and page of the record of the document making such reference. [C. L. § 144*; '96, pp. 552–3*.

626. Id. Indorsement and return. He must also indorse upon each instrument, paper, or notice, the book and page in which it is recorded, and must thereafter deliver it up upon the request of the party leaving the same for record, or to his order, after a reasonable time has elapsed for him to have spread the same upon the records. [C. L. § 144*; '96, p. 553*.

627. Searches and abstracts.. The recorder shall, upon the application of any person, and upon the payment or tender of the fee therefor, make searches for conveyances, mortgages, and all other instruments, papers, or notices recorded or filed in his office affecting the title to any piece of property, and furnish a certified abstract thereof; if any such abstract or certificate is incomplete, erroneous, or defective in any important particular, affecting the property in respect toi which the abstract is requested, the county shall be liable to the party aggrieved for the amount of the actual damage sustained; provided however, such liability

Amended Chapt 56 1899

shall not accrue in favor of any person who had actual notice of the error or mistake complained of. [C. L. § 153; '96, p. 553.

628. Acknowledgments. It shall be the duty of recorders to take acknowledgments of all instruments authorized by law to be acknowledge. ['96, p. 553.

629. Licensed abstracts. Every person desiring to open and conduct an abstract business, shall, before entering upon such business make application for a license to the board of county commissioners of the county in which he proposes to conduct said business. Said commissioners shall, if they deem said applicant a proper and competent person, issue a license authorizing said applicant during all reasonable business hours and under the authority of the county recorder to have free access to said records; provided, such license shall not issue until said applicant shall file a bond with approved sureties in the penal sum of not less than ten thousand dollars, conditioned for the faithful abstracting of said records and the issuing of correct abstracts of title. Said bond shall also provide that the said person, his agent, or employee shall be held liable for any mutilation of the records in his possession. Every person conducting an abstract business shall be liable to the person aggrieved for mistakes and errors in abstracts for the amount of actual damages sustained; provided, that such liability shall not accrue in favor of any person who had actual notice of the error or mistake complained of. [C. L. §§ 154-5; '96, p. 553.

630. Damages for neglect, etc. If any recorder to whom any 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 instrument. papers, or notices, wilfully or negligently, untruly, or in any other manner than is hereinbefore directed; or

3. Neglects or refuses to keep in his office such indexes as are required by this act, or to make the proper entries therein; or

4.

Neglects or refuses to make the searches and to give the certificate required by this chapter; or

5. Alters, changes, or obliterates any record or paper deposited in his office. or inserts any new matter therein, he shall be liable to the party aggrieved for three times the amount of damages which may be occasioned thereby. [C. L. § 148*; '96, pp. 553-4*.

631. Fees must be paid in advance. He shall not record any instrument, or file any paper or notice, or furnish any copies, or render any service connected with his office, until the fees for the same, as prescribed by law, are paid or tendered. ['96, p. 554*,

632. Records open to inspection. Copies in pencil only. All books of record, maps, charts, surveys, and other papers on file in the recorder's office, must, during office hours, be open to public inspection free of charge, and any person copying the same or taking notes therefrom may do so in pencil only. [C. L. § 152; '96, p. 554*.

CHAPTER 10.

COUNTY ATTORNEY.

633. Is public prosecutor. Duties. The county attorney is the public prosecutor, and must:

1. Attend the district court, and conduct on behalf of the state all prosecutions for public offenses.

2.

Institute proceedings before the proper magistrate for the arrest of persons charged with or reasonably suspected of any public offense, when he has information that any such offense has been committed; and for that purpose must attend in person or by deputy upon the magistrates in cases of arrest, when required by them, and attend before and give advice to the grand jury, whenever cases are presented to them for their consideration.

3. Draw all indictments and informations, defend all suits brought against the county, prosecute all recognizances forfeited in the courts of record and all actions for the recovery of debts, fines, penalties, and forfeitures accruing to his county.

4. Deliver receipts for money or property received in his official capacity, and file duplicates thereof with the county treasurer.

5. On the first Monday of each month file with the auditor an account, verified by his oath, of all money received by him in his official capacity during the preceding month, and at the same time pay it over to the county treasurer.

6. Give, when required, and without fee, his opinion in writing, to county, district, and precinct officers, on matters relating to the public duties of their respective offices.

Examine and when approved by him attach his approval and signature to the certificate of attendance and mileage of all jurors and of witnesses in criminal cases issued by the clerk of the district court.

8. Perform other duties as are or may be required by law. [C. L. §§ 133—4*; '96, pp. 554-5.

When attorney pro tempore appointed, Con. art. 8, sec. 10.

634. Legal adviser to county board. legal adviser of the board of county commissioners. ings when required, and must attend and oppose all the county, when he deems them unjust or illegal.

The county attorney is the He must attend their meetclaims and accounts against [C. L. § 134*; '96, p. 555.

Must audit claims of county commissioners, ?535. Must recover money unlawfully paid, 506. 635. Not to present claim except for services. The county attorney, except for his own services, must not present any claim, account, or demand for allowance against the county, nor in any way advocate the relief asked on any claim or demand made by another. ['96, p. 555.

No county officer must present or advocate claim of any other person, ? 536.

CHAPTER 11.

COUNTY SURVEYOR.

636. Duties. The surveyor must make any survey that may be required by an order of court or by the board of county commissioners, keep a correct and fair record of all surveys made by him, in an indexed record furnished by the board of county commissioners, number them in the order made, and preserve a copy of the field notes and calculations of each survey and indorse thereon its proper number, a copy of which, and a fair and accurate plat, together with a certificate of survey attested by seal of office, must, upon application, be furnished by him to any person upon payment of the fees allowed by law. He shall also have power to administer and certify oaths whenever necessary in the discharge of his official duties. [C. L. § 121*; '96, p. 555.

637. Officers, stationery, etc. Plats and maps. The board of county commissioners may furnish an office, furniture, and all stationery and record books necessary for the surveyor's office; and all records, maps, plats, profiles, calculations, and field notes of any and all surveys made by him in his official capacity during his term of office shall be the property of the county, and shall

be delivered by the surveyor to his successor in office.

These shall be open to

the inspection of any person free of charge. [C. L. § 122; '96, p. 556.

638. To copy maps filed for record. It shall be the duty of the county surveyor to copy, plat, or trace maps and plats filed for record in the office of the county recorder. ['96, p. 556*.

639. To make all county maps. The county surveyor shall plat, trace, blue-print, or otherwise make all county, precinct, road, district, assessors', and all other maps for the county of which he is surveyor. All such maps which shall be platted, traced, blue-printed, or otherwise made as aforesaid, shall be filed in the county surveyor's office, together with all data obtained by the county surveyor from other sources, and the same thereafter shall become the property of the county. ['96, p. 556*.

640. Survey of land on county line. Any person owning or claiming lands which are divided by county lines, and wishing to have the same surveyed. may apply in writing to the surveyor of any county in which any part of said land is situate, and on such application being made, the surveyor must make the survey, which is as valid as though the lands were situate in the county of the surveyor making the survey. [C. L. § 123; '96, p. 556.

Fees of county surveyor, ? 977.

641. Id. By order of court.

When land, the title to which is in dispute before any court, is divided by the county line, the court making an order of survey may direct the order to the surveyor of any county in which any part of the land is situate. [C. L. § 124; '96, p. 556.

642. Marking corners. Tieing surveys. All corners of surveys made by each surveyor must be distinctly marked on the ground by a good and sufficient stone or stake and a record made of the same. All official surveys made by the county surveyor must be tied by course and distance with the nearest government land corner and recorded by him in his office. [C. L. § 128; '96, p. 556.

643. Re-establish old corners and lines. It shall be the duty of each county surveyor on order of the county commissioners to at once re-establish the missing or obliterated government lines and corners in his county and perpetuate the same by suitable stone monuments. ['96, p. 557.

⚫644. County surveying and engineering. The county surveyor shall, on order of the board of county commissioners, make all surveys of county roads, road district lines, precinct and school district lines that are not already made and recorded, and perform such other engineering work as the board of county commissioners may direct. All such maps and field notes of surveys shall be filed in the office of the county surveyor, and the same shall thereafter be and remain the property of the county. It shall be the duty of the county surveyor to advise the board of county commissioners regarding all engineering work, and perform all engineering for the county not otherwise provided for. [96, p. 557. See highways, 1112.

645. Other duties. required of him by law.

He shall perform such other services as may be [C. L. § 129; '96, p. 557.

CHAPTER 12.

OTHER OFFICERS.

646. Assessor. The assessor shall perform the duties prescribed by law. ['96, p. 558.

Duties as to assessments, etc. 22 2516-2558.