for the same, record, separately, in large and wellbound separate books, in a fair hand: 1. Deeds, grants, transfers, and mortgages of real estate, releases of mortgages, powers of attorney to convey real estate, and leases which have been acknowledged and approved. 2. Mortgages of personal property. 3. tracts. Certificates of marriage and marriage con 4. Wills admitted to probate. 5. Official bonds. 6. Notice of mechanics' lien. 7. Transcripts of judgments, which by law are made liens upon real estate. 8. Notices of attachments upon real estate. 9. Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof. 10. Instruments describing or relating to the separate property of married women. 11. Births and deaths; and, 12. Such other writings as are required or permitted by law to be recorded. Section 4235, Political Code, and section 124 of former county government acts. The last word in first paragraph in the Political Code is "proved," but in the subsequent county government acts the word is "approved." Sections 1161 and 1162 of the Civil Code relating to recording of instruments, and various other sections of the codes, provide for or recognize the "proof" of instruments, but there is no "approval" specified as a requisite for recording. See Civil Code, sections 1180-1207. Formerly "pre-emption claims," were to be recorded. Mode of recording instruments- -see sections 1169-1173, Civil Code. Effect of recording or neglect thereof-sections 1213-1217, Civil Code. Personal property mortgages-see chattel mortgages must be in books kept exclusively, sections 2963, Civil Code. Marriage certificates-Civil Code, sections 74-77; sections 75 is repealed, [Stats. 1895, p. 121]; and new section 79 is added [Stats. 1897, p. 186]; and marriage contracts-Civil Code, sections 179, 180. The effect of recording or non-recording of such contracts is the same as the recording or non-recording of grants of real property. For register of marriages-see section 3079, Political Code. Wills admitted to probate-sections 13181322, Code of Civil Procedure. Official bonds-sections 950, 951, Political Code. Mechanics' liens-section 1187, Code of Civil Procedure. Necessity of "name of owner" in record and index. Corbett v. Chambers, 109 Cal. 183. Judgments affecting real property may be recorded without acknowledgment or further proof than the certificate of the clerk of the court section 1159 Civil Code. Judgments of justice's courts-sections 898, 899 Code, of Civil Procedure. Attachments-section 542, Code of Civil Procedure. Notices of action-section 409, Code of Civil Procedure. Separate property of married womentions 165, 166, Civil Code. sec Births and deaths-sections 3079, 3080, Political Code. Other writings-sections 1158-1165, Civil Code. Mining notices, etc.,-section 1159, Civil Code as amended. [Stats. 1897, pp. 97, 98.] Assignment for benefit of creditors-section 3465, Civil Code, and see Wilhoit v. Lyons, 98 Cal. 409. Assignment in insolvency-see insolvency act of 1895, section 23. Judicial sales-see section 122, post, and records in partitions, section 123, post. That acknowledgement of certain instruments is unnecessary see note under section 122, post. Indexes to be kept. SEC. 121. Every recorder must keep: 1. An index of deeds, grants, and transfers, labeled "Grantors," each page divided into four columns, headed, respectively: "Names of Grantors," "Names of Grantees, "Date of Deeds, Grants, or Transfers," and "Where Recorded." 2. An index of deeds, labeled "Grantees," each page divided into four columns, headed, respectively: "Names of Grantees, "Names of Grantors," "Date of Deeds, Grants, or Transfers," and "Where Recorded." 3. Two indices of mortgages, labeled, respectively: "Mortgagors of Real Property, "Mortgagors of Personal Property, " with the pages thereof divided into five columns, headed, respectively: "Names of Mortgagors, ""Names of Mortgagees," "Date of Mortgages,' "Where Recorded," "When Discharged. 4. Two indices of mortgages, labeled, respectively: "Mortgagees of Real Property, "Mortgagees of Personal Property," with the pages thereof divided into five columns, headed, respectively: "Names of Mortgagees, "Names of Mortgagors, "Date of Mortgages, "Where Recorded," "When Discharged. 5. Two indices of releases of mortgages, labeled, respectively: "Releases of Mortgages of Real Property Mortgagors, "Releases of Mortgages of Personal Property-Mortgagors," with 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 indices of releases of mortgages, labeled, respectively: "Releases of Mortgages of Real Property-Mortgagees, "Releases of Mortgages with pages of Personal Property-Mortgagees, thereof divided into four columns, headed, respectively: "Parties Whose Mortgages are Released, "Parties Releasing," "Date of Releases, "Where Recorded." 7. An index of powers of attorney, labeled: "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, labeled: "Leases-Lessors, "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, labeled: "Leases-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, labeled: "Marriage Certificates-Men," each page divided into six columns, headed, respectively: "Men Mar- 11. An index of marriage certificates, labeled: 12. An index of assignments of mortgages and 14. An index of wills, labeled: "Wills," each 15. An index of official bonds, labeled: "Official 16. An index of notices of mechanics' liens, Liens, "Notices When and Where Recorded." |