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vide for the permanent location of the seats of justice in the several counties."

SEC. 29. County of Colusi. Beginning at a point in the middle Colusi. of the Sacramento river, opposite the mouth of Red Bluff creek, below the Red Bluffs; and running thence up the middle of said creek to its source in the coast range; thence west in a straight line to the summit of the coast range; thence in a southeasterly direction following the summit of the coast range to the northern boundary line of Yolo county; thence east along the northern boundary line of Yolo county to a point in the middle of Sacramento river; thence up the middle of said river to the place of beginning. The seat of justice shall be at the town of Colusi.

SEC. 30. County of Trinity. Beginning at a point in the ocean Trinity. three miles due west from the mouth of Mad river, and running thence due east to the summit of the coast range; thence in a southerly direction along the summit of said coast range, to the parallel of forty degrees north latitude; thence due west to the ocean, and three miles therein; thence in a northwesterly direction parallel with the coast to the place of beginning. The seat of justice shall be at such place as may be chosen by the qualified electors of the county at the first county election. (1)

SEC. 31. County of Klamath. Beginning at a point in the ocean, three miles due west of the mouth of Mad river, and running thence due east along the north line of Trinity county to the summit of the coast range; thence in a northerly direction along the summit of said coast range to the parallel of forty-two degrees north latitude; thence due west to the ocean, and three miles therein; thence in a southeasterly direction parallel with the coast to the place of beginning. The seat of justice shall be at such place as may be chosen by the qualified electors of the county at the first county election.

Klamath

previous acts.

SEC. 32. The act entitled "An act subdividing the state into Repeal of counties and establishing seats of justice therein," passed February eighteenth, one thousand eight hundred and fifty; and the act entitled "An act amendatory of sections seven, eight, nine, ten, and fourteen of an act subdividing the state into counties, and establishing seats of justice therein," approved February eighteenth, one thousand eight hundred and fifty, passed April fifth, one thousand eight hundred and fifty; and the act entitled "An act amendatory of the twenty-eighth and thirtieth sections of the act subdividing the state into counties, and establishing seats of justice therein, approved Feb

(1) For act dividing county of Trinity, and establishing county of Humboldt, see Stat. 1853, page 161.

ruary eighteenth, one thousand eight hundred and fifty," passed April eighteenth, one thousand eight hundred and fifty-one, are hereby repealed.

Recorder in each county.

Location of

recorder's office.

County clerk to be recorder.

Office hours.

To keep suitable books.

To take oath of office and give bond.

CHAPTER CLIII.

AN ACT concerning County Recorders. (1)—[Passed March 26, 1851.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. There shall be an office of recorder, in each county of the state, to be styled the recorder's office.

SEC. 2. The office of the recorder, in the counties of San Francisco, Sacramento, Santa Clara, El Dorado, and San Joaquin, shall be at the county seats of those counties respectively. In the other counties of this state, the county clerk shall be the recorder, and his office the recorder's office. (2)

SEC. 3. [Repealed.] (3)

SEC. 4. The office of recorder shall, in the counties of San Francisco, Sacramento, Santa Clara, El Dorado, and San Joaquin, be kept open for the transaction of business, every day in the year, except Sundays, Christmas, New Years, and the Fourth of July, between the hours of nine and twelve in the morning, and two and five in the afternoon; and in the other counties of the state, on the same days, but at such hours as the court of sessions may direct.

SEC. 5. The recorder shall keep suitable and well bound books, wherein shall be recorded, in a fair, large, and legible hand, all instruments of writing, authorized and required to be recorded.

SEC. 6. Before entering upon the duties of their offices, the recorders of the counties of San Francisco, Sacramento, Santa Clara, El Dorado, and San Joaquin, and the county clerks, as recorders of the other counties, shall take the constitutional oath of office, and shall enter into bonds in the penal sum of not less than five, nor more than fifty thousand dollars, at the discretion of the county judge, of their respective counties, with two or more sufficient sureties, to be approved by said judge, conditioned for the faithful performance of their duties

(1) For supplementary act, see next chapter.

(2) The offices of recorder and clerk have been separated by statute in the county of Yuba. Stat. 1853, p. 82, and united in the county of Tulare. Stat. 1853, p. 37.

(3) For election, term of office, etc. of recorders, see ante, p. 241, Sec. 14.

as recorders.

The bonds of the county clerks as recorders, shall be in addition to, and distinct from, their bonds as such clerks.

of bonds.

SEC. 7. The bonds of the recorders of the counties of San Francisco, Disposition Sacramento, Santa Clara, El Dorado, and San Joaquin, shall be filed with the clerks of those counties respectively. The bonds of the county clerks, as recorders of the other counties, shall be deposited with the county treasurer of their counties respectively.

appoint deputies.

SEC. 8. The recorder of each county may appoint a deputy, who Recorders may shall hold his office during the pleasure of the recorder. Such appointment shall be in writing, filed and recorded in the office of the recorder; and the recorder so appointing him, and his sureties, shall be responsible for the faithful performance of his duties, by such deputy.

recorder vacant.

SEC. 9. In case of a vacancy in the office of recorder, or his absence, Office of or inability to perform the duties of his office, the deputy shall perform the duties of recorder during the continuance of such vacancy, absence, or inability.

audit recorders'

SEC. 10. It shall be the duty of the courts of sessions to audit and Sessions to settle the accounts of the recorders of their respective counties, for accounts. books and safes purchased for the use of their offices, and in the counties of San Francisco, Sacramento, Santa Clara, El Dorado, and San Joaquin to allow such sums as may be just, as rent for their offices: Provided, suitable rooms for them be not provided by those counties respectively.

records, etc.

SEC. 11. The recorders shall have the custody of, and shall safely To preserve keep, and preserve, all the books, records, maps, and papers, deposited in their offices.

be recorded.

SEC. 12. It shall be the duty of the recorders, upon the payment What to of their fees for the same, to record, or cause to be recorded correctly, in large and strong bound books, and in a fair, large and legible hand:

1st. All deeds, mortgages of real estate, releases of mortgages, powers of attorney to convey real estate, and leases for a longer period than one year; which shall have been proved or acknowledged according to law.

2d. All certificates of marriage, and marriage contracts.

3d. All wills admitted to probate.

4th. All official bonds required by law to be recorded in their offices.

5th. All notices of mechanics' liens.

6th. All transcripts of judgments, which by law are made liens upon real estate.

Separate book

for each class

of instruments.

Indexes to be kept by recorders.

7th. All notices of attachment upon real estate.

8th. All notices of the pendency of an action affecting real

estate.

9th. All instruments describing or relating to the separate property of married women.

10th. All notices of pre-emption claims.

SEC. 13. The several classes of instruments of writing mentioned in the several subdivisions of the preceding sections, shall be recorded in separate books.

SEC. 14. Every recorder shall keep in separate volumes:

1st. An index of deeds labelled "Grantors," each page of which shall be divided into four columns, as follows: Names of grantors, names of grantees, date of deeds, where recorded.

2d. An index of deeds labelled " Grantees," each page of which shall be divided into four columns, with heads to the respective columns, as follows: Names of grantees, names of grantors, date of deeds, where recorded.

3d. An index of mortgages, labelled "Mortgagors," each page of which shall be divided into five columns, with heads to the respective columns, as follows: Names of mortgagors, names of mortgagees, date of mortgages, where recorded, when discharged.

4th. An index of mortgages, labelled "Mortgagees," each page of which shall be divided into five columns, with heads to the respective columns, as follows: names of mortgagees, names of mortgagors, date of mortgages, where recorded, when discharged.

5th. An index of releases of mortgages, labelled "Releases of Mortgages, Mortgagors," each page of which shall be divided into six columns, with heads to the respective columns, as follows: Parties releasing, to whom releases are given, date of releases, where releases are recorded, date of mortgages released, where mortgages released are recorded.

6th. An index of releases of mortgages, labelled "Releases of Mortgages, Mortgagees," each page of which shall be divided into six columns, with heads to the respective columns, as follows: Parties whose mortgages are released, parties releasing, date of releases, where recorded, date of mortgages released, where mortgages released

are recorded.

7th. An index of powers of attorney, labelled "Powers of Attor ney," each page of which shall be divided into five columns, with heads to the respective columns, as follows: Names of parties execut ing the powers, to whom powers are executed, date of powers, date of recording, where powers are recorded.

8th. An index of leases, labelled "Leases," each page of which shall be divided into four columns, with heads to the respective columns, as foliows: Names of lessors, names of lessees, date of leases, when and where recorded.

9th. An index of leases, labelled "Lessees," each page of which shall be divided into four columns, with heads to the respective columns, as follows: Names of lessees, names of lessors, date of leases, when and where recorded.

10th. An index of marriage certificates, labelled "Marriage certificates-Men," each page of which shall be divided into six columns, with heads to the respective columns, as follows: Men married, to whom married, when married, by whom married, where married, where certificates are recorded.

11th. An index of marriage certificates, labelled "Marriage certificates-Women," each page of which shall be divided into six columns, with heads to the respective columns, as follows: 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.

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12th. An index of assignments of mortgages and leases, labelled Assignments of mortgages and leases-Assignors," each page of which shall be divided into five columns, with heads to the respective columns, as follows: Assignors, assignees, instruments assigned, date of assignments, when and where recorded.

13th. An index of assignments of mortgages and leases, labelled "Assignments of mortgages and leases-Assignees," each page of which shall be divided into five columns, with heads to the respective columns, as follows: Assignees, assignors, instruments assigned, date of assignments, when and where recorded.

14th. An index of wills, labelled "Wills," each page of which shall be divided into four columns, with heads to the respective columns, as follows: Names of testators, date of wills, date of probate, when and where recorded.

15th. An index of official bonds, labelled "Official Bonds," with each page divided into five columns, with heads to the respective columns, as follows: Names of officers, names of offices, date of bonds, amount of the bonds, when and where recorded.

16th. An index of notices of mechanics' liens, labelled "Mechanics' Liens," with each page divided into three columns, with heads to the respective columns, as follows: Parties claiming liens, against whom claimed, notices when and where recorded.

17th. An index to transcripts of judgments, labelled "Trans

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