Grantor's

2. A "grantor's index," in which shall be entered the name of each grantor, in alphabetical order, the name of the grantee, date of index. 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 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.

Grantee's

index.

book.

4. An "index to each book of record," in which shall be entered in alphabetical order the Index to each name of each grantor and grantee, and the page in which the instrument is recorded, and whenever any lien, deed of trust, mortgage or other instrument has been released or discharged from record, whether by written release upon the margin of the record or by recording a deed of release, Releases, etc. the recorder shall immediately note in the general index that such instrument has been satisfied.

5. An "abstract book," which shall show by tracts, every conveyance or incumbrance re- Abstract book. corded, 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.

etc.

6. An "index to recorded maps, plats and subdivisions," such index to be made by descrip- Index, maps, tion of land mapped, or subdivided by range, township, section, quarter section or other legal subdivision.

record maps,

SEC. 8. It shall be unlawful for any recorder to record any map, rlat, or subdivision of land, Unlawful to situated in any city, town or village, until the when. same shall have been approved by the legislative authority of the city, town or villiage in which such land may be situated, or by some city, town or village officer for that purpose to be designated by resolution or ordinance of said legislative

Forfeit.

Deeds, how indexed.

liability

authority, and in the absence of said legislative authority, by the probate judge of the county in which the town or village is situated, except the said map, plat or subdivision be attached to or form a part of a conveyance and relates to the property or some part thereof embraced in said conveyance. For each and every violation of this section by any recorder, his deputy, or employee, each recorder shall forfeit and pay to the county the sum of two hundred dollars, to be recovered in any court of competent jurisdiction.

SEC. 9. Deeds and other instruments affecting real estate made by a marshal, sheriff, master in chancery, special commissioner, executor, administrator, guardian, trustee or other person acting in behalf of another, shall be indexed in the name of the person whose land is sold or affected as grantor, and a note shall be made in the index, indicating in what capacity the deed was made.

SEC. 10. If any recorder shall fail to perFailure of duty form any duty imposed upon him by this act, he shall be liable to the party injured for all damages occasioned thereby.

Books, how furnished.

SEC. 11. The county court of each county shall, from time to time, as may be necessary, provide the recorder of such county with well bound books, properly ruled, necessary to the execution of the duties of his office. They may procure books of printed form to be filled up in the recording of any instrument, when the same may be done without interlineation or erasure, and shall in all cases, when practicable, procure the necessary index and abstract book with printed headings. The cost of such books shall be paid by the county.

SEC. 12. When it shall appear to the county Be-transcribe, court that any books of record, entry books, indexes, or abstract books are likely to become useless from age or much use, or are illegibly written, defaced or imperfectly kept, they shall cause the same to be transcribed at the cost of the county.

SEC. 13. When abstract books have not been kept in any county, up to the time of taking effect of this act, the county court shall procure such abstract books, to be made in the form prescribed in this act, at the cost of the county, showing a complete chain of title and encumbrance up to the time of the taking effect of this act.

Abstract books.

sons may

SEC. 14. All persons interested in titles shall, during proper business hours, have free access to Interested perthe records in the custody of county recorders, examine, ete. and may examine the same and take notes therefrom in pencil for the purpose of making abstract of the title of any piece of property.

Abstract of

recorder.

SEC. 15. The recorder may, at his option, upon the application of any person, and upon the payment or tender of the fee therefor, make title by 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 recorder refuses to make the abstract or to give the certificate provided for by this section, after he has consented so to do, or if such abstract or certificate is incomplete, erroneous or defective in any important particular effecting the property in respect to which the abstract is required, he is liable to the party Liability. aggrieved for the amount of the actual damage sustained; Provided, however, such liability shall not accrue in favor of any person who had actual notice of the error or mistake complained of.

etc.

SEC. 16. Every person desiring to open and conduct an abstract business, before so doing Abstract busi shall make application to the county court of the etes, license, county in which he purposes conducting said business; said court shall, if they deem said applicant a proper and competent person, issue a license authorizing said applicant, during all reasonable business hours, to have access to said records; Provided, Such license shall not issue until said applicant shall file a bond, with ap

Liability.

proved sureties, in the penal sum of not less than five thousand nor more than twenty thousand dollars, conditioned for the faithful abstracting of said records, and the issuing of correct abstracts of titles. Said bond shall also provide that the said person, his agent or employee, shall be held liable for any mutilation of the records in his possession.

SEC. 17. 17. Every person conducting said abstract business shall be liable to the same penalties for mistakes and errors in abstracts as county recorders.

SEC. 18. That an ordinance in relation to county recorders, approved March 2, 1850, and Sec. 1, 4 and 5 of "An Act in Relation to County Recorders, and the Acknowledgement of Instruments of Writing," approved January 19, 1885, are hereby repealed.

Approved March 8, 1888.

CHAPTER L.

COUNTY GOVERNMENTS.

AN ACT to Establish a Uniform System of County Governments.

Counties as now organized or may be created are bodies politic.

SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the several counties of this Territory, as they Bodies polities. now exist, and such other counties as may be hereafter organized according to law, are bodies corporate and politic, and as such have the powers specified in this act, and such other powers as are necessarily implied.

Powers.

POWERS, HOW EXERCISED.

SEC. 2. The powers of a county can only be exercised by the county court, or by agents and officers acting under its authority, or authority of law.

NAME.

SEC. 3. The name of a county designated in the law creating it is its corporate name, and it must be designated thereby in all actions and proceedings touching its corporate rights, property and duties.

POWERS.

SEC. 4. It has power:

1. To sue and be sued.

Name.

2. To purchase and hold land within its limits necessary and proper for county purposes. Powers. 3. To make such contracts, and purchase and hold such personal property as may be necessary to the exercise of its powers.

4.

To manage and dispose of its property as the interests of its inhabitants may require.

5. To levy and collect such taxes, for purposes under its exclusive jurisdiction, as are authorized by law.

RESTRICTIONS.

SEC. 5. No county shall in any manner give or loan its credit to, or in aid of, any person or Restrictions. corporation. No county shall incur any indebtedness or liability in any manner, or for any purpose, to an amount exceeding in any year the total amount of its income and revenue for the two fiscal years immediately preceding the incurring of such indebtedness. Any indebtedness or liability incurred contrary to this provision shall be void.

CERTAIN CONTRACTS VOID.

SEC. 6. All contracts, authorizations, allowances, payments and liabilities to pay, made or void contracts. attempted to be made, in violation of this act, shall be absolutely void, and shall never be the foundation of a claim against such county.

PENALTY FOR ALLOWING CERTAIN CLAIMS.

SEC. 7. Any probate judge or selectman or