Page images

"Amount of Judgments." "Where Recovered, "When Recovered," "When Transcript Filed, "When Judgment Satisfied."

[ocr errors]

18. An index of attachments, labeled: "Attachments," each page divided into six 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, labeled: "Notices of Actions," each page divided into three columns, headed, respectively: "Parties to the Action," "Notices-When Recorded, " "Where Recorded.

[ocr errors]

20. An index of the separate property of married women, labeled: "Separate Property," each page divided into five columns, headed. respectively: "Names of Married Women," "Names of Their Husbands, 99 "Nature of Instruments Recorded, ," "When Recorded," "Where Recorded." 21. An index to the register of births and deaths.

22. Such other books of record and indices as are or may be required by law.

23. An index of decrees of distribution in probate, labeled: "Decrees of Distribution, "divided into six columns, headed, respectively: "Whose Estate, "Name of Administrator, "Names of Distributees," "Date of Decree, "In What Court, "Where Recorded."

Section 4236, Political Code, and section 125 of former county government acts.

SUBDIVISION 22. Other books of record-see note under last section, and see sections 122, 123, post.

Mechanics' lien-Necessity of "name of owner" appearing in index.

Chambers, 109 Cal. 183.

Corbett v.

Two or more indices may be kept in one book. Section 125, post.

It was held no part of the official duties of a county recorder, as such, to record notices of mining locations, and any moneys which he may receive for so doing are not fees for which he or his bordsmen are accountable to the county. County of San Bernardino v. Davidson, 112 Cal. 504. But see statutes 1897, pages 97-8, and 214, requiring such notices to be recorded with county recorder and abolishing mining district records.

Certificates of sales.

SEC. 122. The recorder must keep in his office a book, to be called "Certificates of Sales," and record therein all certificates of sales 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.

Section 4237, Political Code, and section 126 of former county government acts.

The certificate of sale is an instrument whereby the purchaser acquires a title, within the meaning of section 1107 of the Civil Code, and the filing and recording of the duplicate certificate imparts notice to all the world, and takes precedence of a prior unrecorded deed. It is competent for the legislature to provide for such a record without the instrument being acknowledged. Foorman v. Wallace, 75 Cal. 557-8.

Final judgments.

SEC. 123. 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.

Section 4238, Political Code, and section 127 of former county government acts.

Partition-sections 752-801, Code of Civil


Decrees in partition.

SEC. 124. Every such certified copy of partition, 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 of decree was a duly recorded deed, grant or transfer.

Section 4239, Political Code, and section 128 of former county government acts.

Two or more indices in one volume.

SEC. 125. The recorder may keep in the same volume any two or more of the indices mentioned in section one hundred and twenty-one; but the several indices must be kept distinct from each other, and the volume distinctly marked on the outside in such a way as to show all the indices kept therein. The names of the parties in the first column in the several indices 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.

Section 4240, Political Code, and section 129 of former county government acts.

To indorse documents.

SEC. 126. 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, 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, schedule, and other papers thereto annexed, in the order in which the same were 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.

Section 4241, Political Code, and section 130 of former county government acts.

An instrument is deemed recorded, for the purpose of imparting notice, when it is deposited for record. Section 1170, Civil Code. And an error in designating the time of its reception may be corrected. Where there is a conflict in date of filing as it appears on the record book and that marked on the instrument itself at the time of its reception, the latter must give way to the former, unless those relying upon the record had notice of the latter. Donald v. Beals, 57 Cal, 401; Meherin v. Oaks, 67 Cal. 58.

Time book, etc., of record.

SEC. 127. He must also indorse upon each instrument, paper, or notice the time when: the book, and pages in which it is recorded, and must thereafter deliver it to the party leaving the same for record, or upon his order.

Section 4242, Political Code, and section 131 of former county government acts.

See cases cited under section 126, ante.

To take acknowledgments.

SEC. 128. It shall be the duty of the recorder, upon the payment or tender of the fees therefor, to take and certify the acknowledgment of all instruments authorized by law to be acknowledged.

Section 4243, Political Code, and section 132 of former county government acts.

But fees may be demanded in advance. Section 130, post.

Penalty for neglect or misconduct.

SEC. 129. 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 instrument, paper, or notice, wilfully or negligently, untruly, or in any other manner than is herein before directed; or,

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

4. 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.

Section 4244, Political Code, and section 133 of former county government acts.

Penalties for falsifying, etc., of records. Sections 113-115, and 470, 471, Penal Code.

« PreviousContinue »