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What to be recorded.

See People vs. Darrach, 9 Cal., p. 324; and People vs. Durick, 20 Cal., p. 94. For duties of Recorder other than in this Article specified, see Civil Code Cal., index, title "Recorder" and " Recording;" Co. Civ. Pro. Cal., Titles" Lis pendens," "Attachinent," "Partition."

4235. He must, upon the payment of his fees for the same, record separately, in large and well bound 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 or proved;

2. Mortgages of personal property;

3. Certificates of marriage and marriage contracts; 4. Wills admitted to probate;

5. Official bonds;

6. Notices of mechanics' liens;

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 possession thereof; 10. Instruments describing or relating to the separate property of married women;

11. Notices of preemption claims;

12. Births and deaths; and,

13. Such other writings as are required or permitted by law to be recorded.

NOTE. What may be recorded.-See Civil Code Cal., Vol. I, pp. 315-317, Secs. 1158-1164. Mode of recording.-Id., Secs. 1169–1173. "Homesteads."Id., Secs. 1264, 1268.

Subd. 1.-Civil Code Cal., Sec. 1158, et seq. Mortgages of realty and powers to execute.-Id., Secs. 29332937, 2940, 2941, 2952, 2963.

Subd. 2.-Id., Secs. 2959-2962.

Subd. 3.-Id., Secs. 74, 75, 77, 179, and Sec. 3079, ante.

Subd. 4.-Code Civil Procedure Cal., Sec. 1322.

Subd. 5.-Political Code Cal., Secs. 950, 951.

Subds. 6, 7, 8, 9.-See Civil Code Cal., Secs. 1158

1164; Code Civil Procedure, Secs. 409, 542.

Subd. 10.-Civil Code Cal., Sec. 165.

Subd. 11.-Id., Sec. 1158.

Subd. 12.-See Secs. 3079, 3080, ante.

4236. Every Recorder must keep:

be kept by

1. An index of deeds, grants, and transfers, labelled Indexes to "Grantors," each page divided into four columns, Recorder. headed respectively: "Names of grantors," "Names of grantees," "Date of deeds, grants, or transfers," and "Where recorded.”

2. An index of deeds, labelled "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 indexes of mortgages, labelled 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 indexes of "Mortgagees," labelled 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 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

Same.

respectively: "Releases of mortgages of real property-mortgagees," "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 certificate-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 columns, headed respectively: "Women married" (and 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—As

signors," each page divided into five columns, headed Same. 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 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,

Same.

Records of certificates of sale.

To record decrees of partition.

Filing of copy to impart

notice.

labelled "Notices of Actions," each page divided into three columns, headed respectively: "Parties to the actions," "Notices when recorded," "Where recorded."

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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 five columns, headed respectively: "Claimants," "Notices," "When received," "Date of notices," "When and where recorded."

22. An index to the Register of births and deaths.

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. NOTE.-Stats. 1865-6, p. 813, Sec. 1.

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. NOTE. Stats. 1870, p. 798, Sec. 1; see Civil Code Cal., Sec. 1159.

4239. Every such certified copy of partition, from the time of the filing the same with the Recorder for record, imparts notice to all persons of the contents thereof; and subsequent purchasers, mortgagees, and

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