of Mortgagors," "Names of Mortgagees," "Where Recorded," "When Discharged."

4. Two indices of mortgages, labeled, respectively: "Mortgages of Real Property," "Mortgages of Personal Property," with the pages thereof divided into four columns, headed, respectively: "Names of Mortgagees," "Names of Mortgagors," "Where Recorded," "When Discharged."

5. Releases of mortgages. 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 four columns, headed, respectively: "Parties Releas ing," "To Whom Releases are Given," "Where Releases are Recorded," "Where Mortgages Released are Recorded."

6. Two indices of releases of mortgages, labeled, respectively: “Releases of Mortgages of Real Property-Mortgagees," "Releases of Mortgages of Personal Property-Mortgagees," with pages thereof divided into three columns, headed, respectively: "Parties Whose Mortgages are Released," "Parties Releasing," "Where Recorded."

7. Powers of attorney. An index of powers of attorney, labeled: "Powers of Attorney," each page divided into four columns, headed, respectively: "Names of Parties Executing the Powers," "To Whom Powers are Executed," "Date of Recording," "Where Powers are Recorded."

8. Leases. An index of leases, labeled: "Leases-Lessors," each page divided into three columns, headed, respectively: "Names of Lessors," "Names of Lessees," "When and Where Recorded."

9. An index of leases, labeled: "Leases-Lessees," each page divided into three columns, headed, respectively: "Names of Lessees," "Names of Lessors," "When and Where Recorded."

10. Marriage certificates. An index of marriage certificates, labeled: "Marriage Certificates-Men," each page divided into three columns, headed, respectively: "Men Married," "To Whom Married," "Where Certificates are Recorded."

11. An index of marriage certificates, labeled: "Marriage CertificatesWomen," each page divided into three columns, headed, respectively: "Women Married" (and under this head placing the family names of the women), "To Whom Married," "Where Certificates are Recorded."

12. Assignments of mortgages and leases. An index of assignments of mortgages and leases, labeled: "Assignments of Mortgages and Leases -Assignors," each page divided into four columns, headed, respectively: "Assignors," "Assignees," "Instruments Assigned," "When and Where Recorded."

13. An index of assignments of mortgages and leases, labeled: "Assignments of Mortgages and Leases-Assignees," each page divided into four columns, headed, respectively: "Assignees," "Assignors," "Instruments Assigned," "When and Where Recorded."

14. Wills. An index of wills, labeled: "Wills," each page divided into three columns, headed, respectively: "Names of Testators," "Date of Probate," "When and Where Recorded."

15. Official bonds. An index of official bonds, labeled: "Official Bonds," each page divided into four columns, headed, respectively: "Names of

Officers," "Names of Offices," "Amount of Bonds," "When and Where Recorded."

16. Notices of mechanics' liens. An index of notices of mechanics' liens, labeled: "Mechanics' Liens," each page divided into three columns, headed, respectively: "Parties Against Whom Claimed," "Parties Claiming Liens," "Notices-When and Where Recorded."

17. Transcripts of judgments. An index to transcripts of judgments, labeled: "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. Attachments. 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. Notices of actions. 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."

20. Separate property. 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," "Nature of Instruments Recorded," "When Recorded," "Where Recorded."

21. Births and deaths. An index to the register of births and deaths. 22. Certificates of residence. An "Index to Certificates of Residence." 23. Mining locations. An index of mining locations and of documents affecting same, labeled: "Mining Locations," divided into suitable columns showing the name of locator, date of locations, date of recording and place where claim is located.

24. Land titles. An index suitable for the provisions of "An act for the certification of land titles and the simplification of the transfer of real estate."

25. In lieu of above. Size of subdivisions. General index of grantors. The county recorder may keep, instead of indices enumerated in subdivisions 1 to 24 herein inclusive of this section, two indices labeled respectively: “General Index of Grantors," and "General Index of Grantees." Each page of the general index of grantors shall be divided into seven columns, labeled, respectively: "Date Filed," "Grantors and Defendants," "Grantees and Plaintiffs," "Title," "Volume," "Book," "Page." Each page of the general index of grantees shall be divided into seven columns, labeled, respectively: "Date Filed," "Grantees and Plaintiffs," "Grantors and Defendants," "Title." "Volume," "Book," "Page." The alphabetical subdivisions and each of the general indices herein described shall not be not less than two hundred and forty in number, and so arranged, as nearly as possible, that the entries to be made in said indices will be equally apportioned under the several alphabetical subdivisions. In the general index of grantors, the recorder may

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index names of grantors, defendants, and first parties, who would otherwise be indexed in any of the indices in this section hereinabove specified. In the general index of grantees the recorder may index names of grantees, plaintiffs and second parties, who would otherwise be indexed in any of the indices in this section hereinabove specified. Such indexing in the general index of grantors and the general index of grantees may be in lieu of indexing in any of the indices in this section hereinabove specified, and will impart notice in like manner and effect as such indexing would have imparted in any of the indices in this section hereinabove specified. If the recorder keeps the general index of grantors and the general index of grantees as herein provided, and indexes therein all of the names which would otherwise have been indexed in the other indices in this section provided, he will not then be required to keep such other indices; but the recorder may keep the general index of grantors and the general index of grantees and also any one or more of the other indices in this section provided. If the recorder keeps any index or indices other than the general index of grantors and the general index of grantees, he must index in such index or indices other than the general index of grantors and the general index of grantees all of the names which it is proper to index in such other index or indices, and he will not then be required to index such names in the general index of grantors or the general index of grantees.

26. Other indices. Such other indices and books of record as may be required in the performance of his official duties. [Amendment approved 1915; Stats. 1915, p. 917.]

Legislation § 4132. 1. Added by Stats. 1907, p. 392; substantially same as former County Gov. Act 1897, p. 484, § 121, and old § 4236 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). 2. Amended by Stats. 1915, p. 917.

§ 4133. Certificates of sale. 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.

Legislation § 4133. Added by Stats. 1907, p. 394; same as former County Gov. Act 1897, p. 486, § 122, and old § 4237 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4134. Final judgments. The recorder must file and record in 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.

Recording judgments: See Civ. Code, § 1159.

Legislation § 4134. Enacted by Stats. 1907, p. 394; same as former County Gov. Act 1897, p. 487, § 123, and old § 4238 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original § 4134 enacted March 12, 1872; amended by Code Amdts. 1880, p. 24; repealed (1) by Code Amdts. 1880, p. 101; (2) by Stats. 1907, p. 354.

§ 4135. Decrees in partition. Every such certified copy of a judgment or decree mentioned in the preceding section, 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.

Legislation § 4135. Added by Stats. 1907, p. 394; embraces subject matter of former County Gov. Act 1897, p. 487, § 124, and old § 4239 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4135a. Records copied into wrong books, validation of. Whenever any instrument filed for record with the county recorder of any county in the state of California has been copied into a book of record other than that designated by law, but which said instrument has been or may hereafter be indexed in the proper book of indices, such instrument from the date of such indexing imparts notice of its contents to all persons, and subsequent purchasers, mortgagees, lien-holders and encumbrancers purchase and take with like notice and effect as if such instrument had been copied or recorded in the proper book of record, notwithstanding that such instrument may have been copied into some book of record in the office of the county recorder where the same was filed for record other than that designated by law, provided the same was copied into some book of record kept in the office of the county recorder of the county where the same is entitled to record.

Legislation § 4135a. Added by Stats. 1909, p. 784.

§ 4135b. Indexing deeds, etc., once recorded. Whenever any instrument has been filed for record with the county recorder of any county in the state of California, as a deed, deed of trust, mortgage or chattel mortgage, or copied into any book of deeds, deeds of trust, mortgages or chattel mortgages, such instrument need not be again filed for record or recorded in such office as a different instrument from that so filed for record or so recorded, but such recorder must index such instrument in any of the indices kept in his office upon the request of the person recording such instrument and the payment to him of his legal fees for such indexing. Such instrument from the date of such indexing, imports notice of its contents to all persons; and subsequent purchasers, mortgagees, lien-holders and encumbrancers purchase and take with like notice and effect as if such instrument had been copied or recorded in the proper book of records corresponding with such indices where so indexed, notwithstanding such instrument has been but once recorded or copied in the records of such office.

Legislation § 4135b. Added by Stats. 1911, p. 367.

§ 4136. Two or more indices. The recorder may keep in the same volume any two or more of the indices mentioned in section forty-one hundred and thirty-two; 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, adminis

trator, 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.

Legislation § 4136. Added by Stats. 1907, p. 394; substantially same as former County Gov. Act 1897, p. 487, § 125, and old § 4240 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4137. Indorse documents. 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 persons at whose request it was recorded.

Legislation § 4137. Added by Stats. 1907, p. 395; same as former County Gov. Act 1897, p. 487, § 126, and substantially same as old § 4241 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4138. Time, book, etc. 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.

Legislation § 4138. Added by Stats. 1907, p. 395; same as former County Gov. Act 1897, p. 487, § 127, and substantially same as old § 4242 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4139. To take acknowledgments. 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.

Payment or tender of fees, essential prerequisite: See post, § 4141. Legislation § 4139. Added by Stats. 1907, p. 395; same as former County Gov. Act 1897, p. 487, § 128, and embraces portion of old § 4243 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).

§ 4140. Penalty for neglect or misconduct. 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;

2. Records any instrument, paper, or notice, willfully or negligently, untruly, or in any other manner than is herein before directed;

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.

Legislation § 4140. Added by Stats. 1907, p. 395; same as former County Gov. Act 1897, p. 487, § 129, and, except that subd. 4 is omitted, substantially same as old § 4244 (enacted March 12, 1872; repealed by Stats. 1907, p. 354).