Page:United States Statutes at Large Volume 31.djvu/379

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 327 Pra»v¢Ided, The clerk of the court shall be ex officio recorder of all _0§'Qv”,Q#g£ clerk of the that portion of the recording division under the supervision of his com shan be ex omdivision of the court not embraced within the limits of a recording °i° '°°°’°°‘· district established, bounded, and described therein as authorized by. this Act, and when any part of the division for which a clerk has been recording shall be embraced in a recording district, such clerk shall. t transcribe that portion of his records appertaining to such district and deliver the same to the commissioner esignated as recorder thereof. ` Whenever it appears to the satisfaction of the court that the public (,,gh“”g° °* d*¤¤’i°*¤· ~ interests demand, or that the convenience of the people require, the court may change or modify the boundaries or discontinue a recording district or change the location of the recording office, or remove the commissioner acting as ex officio recorder, and appoint another commissioner to fill the office. · . Sec. 14. The clerk as ex officio 1‘BG01'd€I‘ must procure such books Rewd b¤<>k¤.e¤=· for records as the business of his office requires and such as may be required by the respective commissioners. designated as recorders in this division of the court, but orders for the same must first be obtained -from.the court or the judge thereof. The respective officers acting as ex officio recorders shall have the custody and must keep all the books, records, maps, and papers deposited in their respect1ve offices, and where a recorder is removed or from any cause becomes unable to act, or a recording district is discontinue, the records and all books, papers, and property relating thereto shall be delivered to the clerk or such officer or person as the court or judge thereof may direct. The record books procured by the clerk, as herein provided, shall be paid for by him, on the order of- the court, out of any moneys in his ands, as other court expenses are paid. Sec. 15. The respective recorders shall, upon the payment of the Wim =¤¤¤¤d¢d· fees for the same prescribed by the Attorney-General, record separately, in lar e and well-bound separate books, in fair hand: S First. Deeds, grants, transfers, contracts to sell or convey real estate and mortgages of real estate, releases of mortgages, powers of attorney, leases which have been acknowledged or proved, mortgages upon personal propert ; Second. Certiflbates of marriage and marriage contracts and births and deaths; i. Third. Vitills devising real estate admitted to probate; Fourth. Official bonds; Fifth. Transcripts of judgments which by law are made liens upon. real estate;t _ · Sixth. All orders and judgments made by the district court or the commissioners in probate matters aifecting real estate which are re uired to be recorded; (Seventh. Notices and declaration of water rights; Eighth. Assignments for the benefit of creditors; _ Ninth. Aiiidavits of annual work done on mining claims; Tenth. Notices of mining location and declaratory statements; . Eleventh. Such other writings as are requiredoripermitted by law to be recorded, including the liens of mechanics, laborers, and others: _ Provided, Notices of location of mining claims shall be Bled for record cmmi ' within ninety days from the date of the discovery of the claim described _ in the notice, and all instruments shall be recorded in the recording ,,§g¥§,’§ “"’"“m°°° district in which the property or subject-matter affected by the instru- · ment is situated, and where the property or subject-matter is not situated in any established reccrdin district the instrument affecting the same shall be recorded in the ogce of the clerk of the division of the _ court having supervision over the recording division in which such property or subject-matter is situated. ·