must keep all books, records, maps, and papers to be recorded in his office.

documents.

Sec. 107. He must, on the payment of the fees Make record of for the same, record, in books provided for the purpose, in a fair hand, all papers, documents, records and other writings required or permitted by law to be recorded.

Sec. 108. Every recorder must keep:

1. An entry book, in which he shall immediately Entry book upon the receipt of any instrument to be recorded, enter in the order of its reception the number of the document, the names of the parties thereto, its date, the day of the month, hour, minute and year of filing the same, and a brief description of the premises, endorsing upon each instrument a number corresponding with the number of such entry.

2. A grantor's index in which shall be entered the Grantor's index, number of the instrument, the names of each 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.

3. A grantee's index, in which shall be entered Grantee's index. the number of the instrument, the name of each grantee in alphabetical order, the name of the grantor, 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.

index.

4. An individual index to each book of record in Individual which shall be entered in alphabetical order, the name of each grantor and grantee, and the page in which the instrument is recorded. And whenever any lien, deed of trust, mortgage or any other instrument has been released or discharged from record upon the margin of the record, the recorder shall note in the general index that such instrument has been satisfied.

5. An abstract record, which shall show by tracts Abstract record. every conveyance or incumbrance recorded, the date and character of the instrument, time of filing the same, 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.

corded maps,

An index to recorded maps, plats and subdivisions, Index to resuch index to be made by description of land mapped

etc.

or subdivided by range, township, section, quarter-section, or other legal subdivision.

7. An index of powers of attorney labeled "powers Index of power of attorney," each page divided into six columns, viz: "date of filing," "book," "page," "from," "to, "re

of attorney.

index.

voked."

8. A miscellaneous index in which shall be enMiscellaneous tered all instruments of a miscellaneous character not otherwise provided for in this act, each page divided into six columns, viz: "date of filing," "book," "page. "instrument," "from," "to," "remarks."

cripts of judgments.

9. An index of transcripts of judgment labeled Index of trans- "transcripts of judgments, 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."

index.

10. A general filing index in which shall be inGeneral filing dexed 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.

Recording of

certified copies of final judg

ments.

Sec. 109. 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.

Sec. 110. Every such certified copy from the time Force of cert. of filing the same with the recorder for record imparts recorder's office. notice to all persons of the contents thereof; and sub

fied copies from

dorsement of papers filed.

sequent 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.

Sec. 111. When any instrument, paper or notice Recorder's en- authorized by law to be filed or recorded is deposited in the recorder's office for record, the recorder must endorse 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.

and return of

Sec. 112. He must also endorse upon each instru- Endorsement ment, paper or notice the time when, the book and instrument left page in which it is recorded, and must thereafter de- for recording. liver 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.

by recorder.

Sec. 113. The recorder shall, upon the application Abstracts, etc., 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 to which the abstract is requested, the county shall be liable to the County Hable party aggrieved for the amount of the actual damage recorder's absustained; Provided, however, Such liability shall not stracts. accrue in favor of any person who had actual notice of the error or mistake complained of.

for errors in

make acknow

It shall be the duty of recorders to take acknowl- Recorders to edgments of all instruments authorized by law to be ledgements. acknowledged.

stractors.

Sec. 114. Every person desiring to open and con- Licensed abduct an abstract business, before doing so shall make application to the 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 employe shall be held liable for any mutilation of the records in his possession.

Bond.

recorder.

Sec. 115. If any recorder to whom any instrument Neglect, etc., of proved or acknowledged according to law, or any pa

Penalty.

Recorder not bound till fees are tendered.

Records open to inspection.

per 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. Alters, changes, or obliterates any record or paper deposited in his office, or inserts any new matter therein, he is liable to the party aggrieved for the amount of damages which may be occasioned thereby.

Sec. 116. He shall not be 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 the fees for the same as prescribed by law are paid or tendered.

Sec. 117. All books of record, maps, charts, surveys, and other papers on file in the recorder's office, must, during office hours be open for inspection of any person who may desire to inspect them, and may be inspected without charge.

COUNTY ATTORNEY.

Sec. 118. The county attorney is a public proseCounty attorney cutor, and must:

public prosecu

tor

Duties of.

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 moneys received by him in his official capacity during the preceding month, and at the same time pay them 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.

7. He shall 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 county clerk.

8. Perform other duties as are or may be required by law.

Sec. 119. The county attorney is the legal adviser of the board of county commissioners. He must attend their meetings when required, and must attend and oppose all claims and accounts against the county, when he deems them unjust or illegal.

sent other

own.

Sec. 120. The county attorney, except for his own Must not preservices, must not present any claim, account, or de- claims than his mand for allowance against the county, nor in any way advocate the relief asked on any claim or demand made by another.

COUNTY SURVEYOR.

powers of

veyor.

Sec. 121. The surveyor must make any survey Duties and that may be required by an order of court or the board county sur 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, indorse thereon its proper number, a copy of which, and a fair, 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.