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. La:2-:'-supplement. ; SUPPLEMENT " PRESCOTT, ARIZONA, WEDNESDAY, DECEMBER 28, 1864. NUMBER 3. - - ...... lr n ma uM wmn I LAWS OF ARIZONA. BY AUTHORITY-. OP COMMISSOIVERS OP DEEDS IN OTHER STATES AND TERRITORIES. Bo it ouacted by tbo Legislative Assembly of the Territory of Arizona. Section 1. That tho Governor be hereby authorized to uame, appoint, and commission ono or more commissioners in each, or such of the other States and Territories of the United States, or in the District of Columbia, as ho may doom expedient; which commissioners shall con tinue in office during the pleasure of the Govern or, aod shall have authority to take acknowledge ment and proof or tho execution of any deed, mortgage, or other conveyance of any land, tenements, or hereditaments, lying and being in this Territory, any contract, letter of attorney, or auy other writing under seal, to bo used and re corded m this Territory and such acknowledge ment or proof taken or mado in tho manner di rected by the laws of this Territory, aud certified by any one of said commissioners, before whom the same be taken or mado, under his seal, which certificate shall be endorsed on said deed or instrument aforesaid, shall have tho same force and effect, and be as good and valid in law for all purposes, as if tho same had been taken or mado beforo any officer authorized to take such acknowledgement residing in this Territory. 2. Every commissioner appointed by virtuo of this act, shall huvo lull power and authority to administer an oath or affirmation to any per son who shall bo willing and desirous to make ruh oath or affirmation beforo him, and such a 'Huuvit or affirmation, mado before such com i HrciuDc-r shall, snd is hereby declared w be ng I jod and eftoeieal, to all in foots and parpoeo, :f taken by f.nj fSutr authorised to r.dininis ter oaths, resident tu tbWi Territory; Pfovidart; that wilful and faee swearing in taking nay each atb or affiriuetion wonld, oy the lawt of the iUato wherein thesaaw shall be made, be deemed) perjury. 3. Every commissioner, appoints as afore said, before he shall proceed to perform any duty under and by virtuo of this law, shall take aud subscribe au oath or affirmation before a Justice of tho Peaeo, or some officer authorized by law to administer oaths, in tho city or couuty in which such commissioner shall reside, well and faithfully to execute and perform all the dutic3 of such commissioner, under and by virtuo of the laws ot this Territory, which oath or affirmation shall be filed in tho office of the Secretary of this Territory. 3. 4. A copy of this chapter shall accompany each commission. 5. This act shall take effect and bo in force from And after tho first day of January, A. D. 18G5. TV. CLAUDE JONES, Speaker of tho House of Representatives. COLES BAS11FORD, President of the Couucil. Approved, November 3, 1864. JOHN N. GOODWIN. A. true copy of the original on filo in my office. iuchakd c. Mccormick, Secretary of tho Territory. OP COUNTY RECORDER!. Be it enacted by tho Legislative Assembly of the Territory of Arizoua, Section 1. There shall bo a county recorder nsftli i- f r? rf ita Tnrrjfnrr. mlm clinll Ironn W bis ollico at tho couuty seat, which shall be i- st-Vied tho recorder's office. pf 2. The recorder shall keep suitable and well '"lorgo and legiblo liand, nil instruments in writing, authorized und required to bo recorded. 3 3. Beforo entering upon the duties of their offices tho recorders of tho sovoral counties shall take the octh of offico required by law, and shall enter into bonds of not less than two nor more than ten thousand dollars, at the discretion of tho District Judgo of their respective counties, with two or more sufficient suroties, to bo approved by said Judge, or in his absence by the Judge of Jrobato of the proper county, conditioned lor tho faithful performance of their duties as recorders. 2 4. The recorder of each county may appoiut a deputy, who shall hold his offico during the pleasuro of tho recorder. Such appointment shall bo in writing, filed and recorded in tho offico of tho recorder, and tho recorder so appointing him, and his sureties, shall bo responsible for tho faithlul nertormanco ot . his dutios by such deputy. 3 5. In case of a vacancy in tho offico of re QCtfdw, or his absence or inability to perform the At duties of his office, tho deputy shall perform the duties ot recorder during tho continuance of such vacancy, absence or inability. 3 6. The board of county commissioners shall audit and settle the accounts of the recorders of their respective counties, for books and furuituro necessary for tho use of their offices. 7. Tho recorders shall have the custody of, and shall safely keep and preserve, all the books, rceords, maps and papers deposited in their offices. g 8. It slHl be tho duty of tho recorders, up on tho payment of their fees for the same, to re cord or cause to be recorded correctly, in largo and strong bound books, and in a fair, large and legible hand, 1st. All deeds, mortgages of real estate, releases of mortgages, powers of at torney to convey real stato, and leases for a lon ger period than ono year, which shall have been proved or acknowledged according to law. 2d. All certificates of marriage and marriage con tracts. 3d. All wills admitted to probate. 4th. All official bonds required by law to be recorded in their offices. 5th. All notices of tho penden cy of au action effecting real estate. Gth. All notices of pre-emption claims. 9. The several classes of instruments men tioned in the several subdivisions of the preced ing section, shall be recorded in separate books. $10. 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 re corded. 2d. An index of deeds labelled " Gran tees," each page of which shall bo divided into four columns, with heads to the respectivo col umns as follow ; Names of grantees, names of grantors, data of deed, where recorded. 3dj A a indfx of luorwaeea. labelled - Mortfraaors."! shcU page of widen sii.il bo divided iuio five col-! trdtoe, wufc heads to tim rtpixrtr columns follows : Names of mortaaaors, name of mort gagees, dita of mortgages, where recorded, when uiscnargeo. luk aji rauax oi mortgages, la belled " Mortgagee each page of which shall be divided into tivo columns, with heads to the respectivo columns as follows ; Names of mort gagees, names ot mortgagors, date of mortgages, where recorded, when discharged. 1 31. Tho books containing the record of deeds and mortgages, aside from tho indices, shall bo designated by numbers, (" Ono," " Two," etc ,) and all legal notices, assignments and dis charges of mortgages, and powers of attorney, shall bo recorded in separate books, to bo pro cured and lubelled for that purpose. 12. The instruments of conveyance men tioned in section forty-one of chapter forty-throe, ontitied Of Conveyances,' shall not be entered upon tho general index of deeds mentioned in section ten of this chapter, but tho book m which they aro recorded shall contain an index in which they shall bo entered, in the same man ner as deeds aro required to be entered. 3 13. when any instrument, paper or notice, authorized by law to bo recorded, shall ba depos ited in the recorder's offico for record, the record er or his deputy shall endorso upon the same the timo when it was received, noting the year, month, day, hour and minute of its reception, and shall record tho same, or cause tho same to be re corded, without delay, together with tho ac knowledgments, proofs and certificates, written over or under tho Bamo, with the plats, sarvoys, schedulo and other papers thereto annexed, in the order and as ot tho ttmo when the same was delivered for record, in a fair and a largo and legible hand, and shall note at tho foot of tho rec ord tho year, month, day, hour and minuto of its reception, and the name of tho person at whose request it was recorded. 3 14. The recorder shall endorso upon each in strument, paper and notice, the book aud pago or pages of the book in. which it is recorded, and the year, month, day, hour and minuto when re corded, and after tho same is recorded shall de liver it upou request to tho party leaving the same for record, or to his order. 15. It shall bo tho duty of recordors, upon tho application ot any person, and upon tho pay mont or tender of tho legal fees therefor, to mako searches for conveyances, mortgages, and all oth or instruments, papers, or notices, recorded or filed in their respectivo offices, and to furnish a certificate thereof, stating tho names of tho par ties to such instruments, papers and notices, tho dates thereof, tho year, month, day,hourand ram uto they wore recorded or hied, tho extent to which they effect tho property to which they ro late, and tho book and pago or pages where they aro rocorded. 1 16. If any recorder, to whom any instrument proved or acknowledged according q law, or any paper or notico which may by law be recorded shall bo delivered for record, shall 1st. Neg lect or refuse to record such instrument, paper or notice, within a rcasonablo timo alter receive ing the same; or 2d. Record any instru ments, papers and notices untruly, or in any oth er manner than as hereinbefore directed : or if any recorder 1st. Neglect or refuse to keep in his office such indices as aro required by this chapter, or to mako the proper ontries therein, or id. iNeglect or retuso to mako the searches, and to ivo tho certificate required by this chapter, or if such searches or certificate bo incomplete and detective in any important particular affect ing tho property, in respect to which the search is requested : he shall bo liable to the party ajr- crieved for double tho amount of the damaces which may bo occasioned , by such neglect or re fusal, or by such incompleteness or defect in the searches and certificate, and an action may be brought on his official bond by tho party ag grieved. 31. If any recorder shall willfally neglect or refuse to perform any of the duties reouired of him by this chapter, or shall willfully perform them in any other manner than is required by law he shall be deemed guilty of a misdemeanor in office, and on conviction thereef in any court of competent jurisdiction, may be punished by fine not exceeding ono thousand dollars, or by im prisonment for a period not exceeding six months, or by both such fine and imprisonment. If the recorder shall alter, change or obliterate any rec ords deposited in his office, or iusert any new matter therein, he shall be liable on his official bond to the party aggrieved for double the amount of damages which may bo occasioned by such neglect, refusal or alteration. 1 18. Conies of papers duly filed in the re corder's offico, and trancripta from the hooka of . . . r . .1 -. . a. . rucorua Kept mereiu, ceruuea uj i"e iwur w b full, Xtn.t aud correal aepisa or troo&cripts. ahall be received in all courts aod in all actions and proceedings, with the like effect as the original instruments, papers abd notica?. recorded or filed, could be if produced. g 19. All books of record, and alt indices in ho recorders office, oud all maps, charts, surveys and other papers on file thorem, shall during all office hours be open for the inspection of anv person who may desire to inspect them, and may bo inspected without charge, and the recorder shall arrange the books of record and idice3 in us office ;n such suitablo places as to facilitate their inspection. Z 20. Lho county recorders are hereby author ized and empowered to tako within their respect ive counties tho acknowledgment and proof of nil instruments and papers which may bo by law recorded. 3 21. Tho recorder shall not bo bound to record any instrument or file any paper or notico, or fur nish any copies, or to render any service con nected with his office, other than for tho public. until hi3 fees for tho samo, as prescribed by law, aro paid or tendered. V. CLAUDE JONES, Speaker of tho House of "Representatives. COLES BASH FORD, President of tho Council. Approved November 9,1864. JOHN N. GOODWIN. A true copy of the origiual on filo in my offico. richard o. Mccormick, .Secretary of tho Territory. OP NOTARIES PUBJL.1C. Bo it enacted by tho Legislative Assembly of tho -Territory of Arizona. Skctio.v 1. Tho Governor may appoint ono or more notaries public in each county, who shall hold their offices respectively for four years, uu- IeB3 sooner removed by the Governor. When over tho Governor shall appoint a notary public the Secretary of -tho Territory shall transmit his commission to the clerk of tho district court of tho county for which such notary was appointed, and tho district clerk, on receiving such commip sion, shall givo notico thereof to tho person so appointed. o 2. Tho person so appointed shall, before on toring upon tho duties of his offico, and withiu twenty days alter receiving notico of his ap pointment, appear before tho district clerk am tako tho oath of offico prescribed by tho law, and the said clerk shall filo and preserve the samo in his office. I 3. Each notary public shall also before enter ing upon tho dutic3 of his 'office, and within the tunc limited for filing his official oath, give bong to this Territory, with ono or more sureties, to bo approved by tho district clerk, in tho penal sum of one thousand dollars, tho condition of which bond tUail bq-tb&t su$ notary shall dulyad faithfully discharge tho duties of his offico, and ho shall filo tho samo with said clerk. g 4. Upon the filing of tho official oath and bond, as required in the two next preceding suc tions, the clerk shall deliver to the person so ap pointed tho commission received by him for such person, and shall thereupon givo notice to tho Secretary of tho Territory of tho filing of such oath and bond, and of the time of filing tho same. 3 5. Notaries public shall have authority to tako the proof and acknowledgments of deeds, to administer oaths and take affidavits in any matter or caueo pending, or to bo commenced or moved in any court of this Territory ; to demand acceptance of foreign and inland bills of ox change, and of promissory notes, and to protest tho same for non-acceptance or non-payment, as the case may require : and to exercise such other powers and duties as by the law of nations, and according to commercial usage, or by the laws of any other State, government or country may bo performed by notaries public. ? G. In all tho courts of this Territory the cer tificate of a notary public, under his hand and seal of office, of official acts done by him as such notary, shall be received as presumptive evidence of tho facta contained in such certificate, but such certificate shall not be evidence of notico of non-acceptance or non-payment iu any case in which a defendant shall annex to his plea or defence an affidavit denying the fact of having received such notice. g 7. Whenever the office of any notary public shall become vacant, the records of such notary, and all the papers relating to bis offico, shall be deposited in tho offico of tho district clerk of tho proper county ; and any notary who on his resig nation or removal from office, shall negleOt for tho space of three months to deposit such rec ords and papers, and any executor or -administrator of any deceased notary public who shall neg lect for the spafco of throe months after his ap pointment, to deposi with said clerk all"snoh records sod papers as BhaH come to his hands, shall forfeit and pay a sum not less than fifty dol- ars nor moro than two hundred dollars. 3 8. If any person shall knowingly destroy, do- . ace or conceal auy records or naners belonging o the omce ot a notary puouc, lie snau ioneio and pay a sum not exceeding five hundred dol- 1 L t.ll t 1 U 1 t are, auc sucn persou unuu uisu uc uuuiu lu .hi ion for damages at the suit of the party injured. I 9. The district clerk shall receive and safely keep all the records and papers of notaries pub lic, directed to be deposited in his office, and shall givo certified copies of such records and pa- pers, under his hand and seal, when required, and or such copies ho shall receivo tho same fee3 as are by law allowed to notaries public ; and copies so given by said clerk shall bo as valid and effec tual as if given by a notary public. 3 10. Notaries noblic shall reside in the coun ty for which they are appointod, but they may act as such notaries in any part of this Territory, and they shall receive for their services such lees as are provided by law. 3 11. This act shall take effect and be in.iorce from and after the 1st day of January next, Aw o. 1865. . W. CLAUDE JONES, . Speaker of tho House of Representatives. COLES BASnFORD. . President of the Council. Approved November 9th 1864. JOHN N. GOODWIN. A true copy of tho original on file in my office. RtcHARD c. Mccormick, Secretary of tho Territory'. AX ACT AUTHORIZING CERTAIN OFFICKRS TO KXERQISK THE TOWERS Or NOTARIES rUMLIC. Be it enactod by the Legislative Assembly of the Torritory of Arizona. Section I. That the Attornoy General and tho Secretary of tho Torritory be and they aro here by authorized to exercise in any part ot thi3 Territory all of tho powers of notaries public, in taking acknowledgments ot deeds, powers or at tornoy and other papers, and administering oaths. 2. This act shall tako effect and bo in force from and after its passage. W, CLAUDE JONES, . Speaker of tho House of Representatives.. COLES BASHFORD, . President of tho Council. Approved, November 9, 1864. JOAN" 2sr. GOODWIN. A true copy of tho original on file in my Qffiue. 1U0HARD C. MoCORMlUIC , 4 . - Secretary ol the. Territory. . sis , !