Show 1 1 I 1 it ECORD I 1 ei 1 A ifill li jr an act defining their aulks I 1 TIME r FOR I 1 ELECTION 4 I 1 f the obligations in re 0 ard I 1 to abstracts i MALTY FOR NEG LEff the books to be used byrbe and dep ty I 1 I 1 I 1 IMPORTANT provisions 1 I 1 for real estate men and the general auf io M of the measure I 1 duties ai coul ity recorders the following bill which was known as substitute F no 45 and 0 F nos 9 and SO defines the duties of county recorders and contains cout ains som 0 important provisions which wil I 1 prove re a estate men as well as to reco nd the general public 1 be if enacted ly the governor and Legis assembly of me territory ef llah that at tile next general election in august A D IW and biennially thereafter there shall be elected in each c bounty of this territory a county recorder hose tarn of ollice shall be fo two 2 years and until his successor Is elected and qualified broc 2 the recorders reco iders in ther dolunt les inthis in this territory before entering upon the duties of their offices shall take the oath of office and shall enter anto bonds in the penal sum of tot less than five nor more than twenty thousand dollarson dol larsin I 1 lie discretion of the bounta court ith two or more sureties to b 6 a roved by said county court conti toned for the faithful performance of duties and to deliver up all I 1 ll 11 pers books records and ather I 1 h ings a appertaining to their office hole safe when ia fully r to da avery such bond shall be in form joint and several and neade payable to the territory a ilah and shall be in force and dobli g tot u p on the principal therein to ad jor 1 h mid territory and to and for the all persons who may be injured or b the wrongful act neglect or defau T t of ahe ret corder in the performance or vou per firmance for mance of any of the duties imposed upon him by law and any so injured or aggrieved may gerson ring i e int on such bond in his or her name w ith out an as thereof every gement such bond 11 be deemed to be in force and obligatory upon tile 1 I and sureties therein for the faiths ful discharge of 11 duties which may be required of such iby any law enacted subsequently to the execution of much bond and such candi lien shala expressed therein sec tach recorder may appoint one or deputies the appointment alij alu oin writing and entered upon the records of his office each wi ill before ent eri n ill e duties of hig office take air I 1 be the oath of office in like form as is required of the recorder which shall be filed in the office of the count clerk of his county ditc 4 deputy recorders anly appointed and Led inay perform any aad all duties of the recorder in tile name of the derand the acts of such deputies shall be held to be the sets of the recorder and in cue of the death of the recorder or his deposition from office the chief deputy shall thereupon become ehg acting recorder until such vacancy shalbe filled according to lawand lie shall file a bond and be vested cariie bowers and be on b eject to the saraa responsibilities and entitled to the game compensation as in case of recorder mhd recorder shall be liable for a n neglector omission of the duties 0 yf occasioned by I 1 depal ty in the man for hie hotd or omission there corder abid all clavel n and at firm lations in all datterl mat terl of convey since of real or pers property sac aj ever y recorder as as after ming of any of writing in bid entitled rito be reworded the same in the orde r df time its reception in well aund beoka to be provided that separate books shall b kept for the recording dinc claws of instruments on the of any writing for re cordina recorders rec office the recorder shall when requested give to the leavin the same to be toa receipt SEC G when any instrument in writing in the recorders effim tile recorder shall endorse upon such instrument s certificate of the time including abe e n the same was filed for which shall be considered tb time eed and wh en sal grec inspru ment ig recorded the book and page in j recorded which W signed by the ra corder and ahall be prima faai evidence of tho acts therein stated ditc 7 every recorder dball keep the following books fintan fint an entry zook in which be shall immediately upon the receipt of any instrument to be recorded enter of its recep lion the names aa thi parties its date the dar of the month hour and year of filing the same and a brief description of the premises endorsing upon each instrument a number cot responding the number of such entry second A granfors grantors Gran tors index in which shall be entered the name of each grantor in order the name of the grantee date of the instrument time of filing kind of instrument ment consideration the book and page in which it is recorded and a brief description of the promises third A granlees grantees Gran tees index in entered the name of each grantee in order the ine of I 1 their grantor datlof data of the instrument time of filing kind of in strument ment consideration tile book and berf IM which it is recorded and a description of the premises I 1 fourth an index to each book of Il ecord 11 in chich shall be entered in order the name of each grantor and griten eq and the page in the it recorded and whenever any lion deed of trust mort ga or other instrument has b en r x eased or discharged from to cord whether by written beleus upon the margin of the ro cordor by record in a deed of release the recorder h 11 immediately note in the general indio that such instrument has been ia tilled fifth an abstract book which hall show by tracts overy convey recorded tile ance or date and character of the instrument time of filing tile same the book alla pa where the same Is reco crded w book shall be so kept is to show a true claim of title to each tract and the encumbrances as records of his office S athy A index to recorded knaps plats and subdivisions such index to be made by description of land map or subdivided by range township section quarter section or other legal subdivision am 8 it shall be unlawful for any to record adv ma plat p or subdivision of land situated n any city town or village until the same shall have been approved by the leg isla tive authority of the efty town pr in which such land may be sit uste orby some city town orvil age 0 moor for that purpose to be designated by resolution or ordinance of sa id legislative authority and in the absence of bald legislative authority by probate judge of tile county in alich tile town or village is situated for each and every violation of this section by any recorder his dep em loye each recorder friall ayi yu to tile county the sum of two hu nr yd dollars to be recovered ia an court of competent jurisdiction deeds and affecting real estate made by a mir sheriff master in chancery commiss executor a mn dyni tra tot go az nert an austee or other person acting in behalf of another shall be indexed in the name 0 f the person whose land is sold or affected as grantor and a note shall be made in the index indicating in what all lacity the deed was made sac 10 if any recorder fail to perform any duty imposed upon him by this act he shall a libow the par injured for all damages oc arc 11 the court of each shall from time to time as may be necessary provide the recorder af such county with well bound books properly ruled necessary to the exe of the duties of his office they mity procure books of printed forms to be filled u p lu the recording of any in strument ment ben the same may be without or erasure and shall in all cases when practicable ti procure the necessary index and abstract jools a with printed headings the cost of such books shall be paid by the county arc 12 cheh it shall appear to the county court that tiny books of record entry books indexes or ab books ar e likely to become 1 useless from age or much gusej or are II 11 legibly written defaced or imperfectly kept they shall cause the same to be at the cost of the c sm 13 when abstract have beba kept in any fountyf up to the time of taking of this act the county colart of lucli county shall pr such abstract books to be m d e in W form prescribed in this act at the cost of tae county showing a connected chain of title and incur i crance up to the time of the taking ef fact of thi ap slew 14 all persons interested in titles shall during proper business hours have free access to the records in the custody of county recorders and may examine the same and take notes in pencil for the p of making abstract the piece of property 15 the recorder may at his option upon the application of teu and upon the payment or darson r of the fee thereof make Be arches for conveyances mortgage sl and all other instrumental papers or notices recorded or filed ia his office affecting atie title to any pieve of property and furnish a certified abstract thereof if any recorder refuses to make the abstract or to give the vid ed for by this bertion Eer tion after V ahas consented so to do or it a uch abstract or certificate is incomplete erroneous or defective in any important I 1 ar affecting the property in respect to which the abstract is requested he is liable to the party aggrieved for the amount of the actual damage bus tali led Port fed however such ila ability shill not accrue in favor of any person who bad actual notice of the error or mistake complained of sec 16 every person ai iring to ot n and conduct an abstract business before doing so shall make application so the count court of the county in aich be purposes go nd acl tj in said business said ca urt a aft if they deem sa id ap a proper and competent it sod ibue a license authorizing sa d applicants during all reasonable bufi ness hours to have free access to said such shall not issue until said applicant shall file a bond approved sureties in the I 1 sum of not less than five thousand nor more than and dollars for the faithful lb tract ing of said records and the issuing of correct abstracts i titles said bond provide that the said person ilia agent or his employee I 1 shall be hew liable lot any mutilation a of the rewords in big sec 17 deverr person condee ling said business shall be liable to the same penalties for mistakes and errors in abstracts as county recorders sice 18 that an ia relation to county recorders approved 1830 and sections 2 4 and 6 of an act in relation to county re ac of instruments of writing approved jan 19 jno are hereby repealed W W speaker of the howe f rep buas A ammi president odthe council approved march 8 1888 CALER W WEST 00 of utah territory |