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2650. Election for. In each county there shall be elected biennially by the qualified voters thereof, as provided for the election of members of the general assembly, a register of deeds.

Const., Art. VII, s. 1.

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2651. Vacancy filled by commissioners. When a vacancy occurs from any cause in the office of register of deeds, the board of county commissioners shall fill such vacancy by the appointment of a successor for the unexpired term, who shall qualify and give bond as required by law.

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2652. Oath of office. The register of deeds shall take the oath of office on the first Monday of December next after his election before the board of county commissioners.

Code, s. 3647; 1868, c. 35, s. 2; 1876-7, c. 276, s. 5.

2653. Where kept. The register shall keep his office at the courthouse unless the board of county commissioners shall deem it impracticable.

Code, s. 3650; 1868, c. 35, s. 5.

2654. When open. The board of county commissioners may fix by order, to be entered on their records, what days of each week, and at what hours of each day, the register of deeds shall attend at his office in person or by deputy, and he shall give his attendance. accordingly.

Code, s. 3651; 1868, c. 35, s. 6.

II. DUTIES OF.

2655. Call on clerk for instruments. The register of deeds shall at least once a week apply to the clerk of the superior court of his county for all instruments of writing admitted to probate, and then remaining in the office of such clerk for registration, and also for all fees for registration due thereon; which fees the clerk of the superior court shall receive for the register.

Code, s. 3652; 1868, c. 35, s. 7.

2656. Proceed against clerk for failure to deliver papers. In case the clerk fails to deliver such instruments of writing, and pay over such fees as are prescribed in the preceding section, on application of the register, the clerk shall forfeit and pay to the register one hundred dollars for every such failure; for which sum judgment may be entered at any time by the judge of the superior court,

on motion in behalf of the register, on a notice of ten days thereof to the clerk.

Code, s. 3653; 1868, c. 35, s. 8.

2657. Certify and register copies. When a deed, mortgage or other conveyance conveying real estate situate in two or more counties is presented for registration duly probated and a copy thereof is presented with the same, the register shall compare the copy with the original, and if it be a true copy thereof he shall certify the same, and thereupon the register shall endorse the original deed or conveyance as duly registered in his county, designating the book in which the same is registered and deliver the original deed to the party entitled thereto and register the same from the certified copy thereof to be retained by him for that purpose.

1899, c. 302.

2658. To register instruments within what time. The register of deeds shall register all instruments in writing delivered to him for registration within twenty days after such delivery, except mortgages and deeds in trust, or other instruments made to secure the payment of money, which he shall register forthwith after delivery to him. He shall indorse on each deed in trust and mortgage the day on which it is presented to him for registration, and such indorsement shall be entered on his books and form a part of the regis tration, and he shall register such deeds in trust and mortgages in the order of time in which they are presented to him.

Code, s. 3654; R. C., c. 37, s. 23; 1868, c. 35, s. 9.

2659. Bond liable for failure to register. In case of his failure to register any deed or other instrument within the time and in the manner required by the preceding section, the register shall be liable, in an action on his official bond, to the party injured by such delay.

Code, s. 3660; 1868, c. 35, s. 10.

2660. To file papers alphabetically. The register shall keep in files alphabetically labeled all original instruments delivered to him for registration, and on application for such originals by any per son entitled to their custody, he shall deliver the same.

Code, s. 3661; 1868, c. 35, s. 11.

2661. Transcribe and index books on order. The board of county commissioners, when they deem it necessary, may direct the register of deeds to transcribe and index such of the books in the register's office as from decay or other cause may require to be transcribed and indexed. They may allow him such compensation

at the expense of the county for this work as they think just. The books when so transcribed and approved by the board shall be public records as the original books, and copies therefrom may be certified accordingly.

Code, s. 3662; 1868, c. 35, s. 12.

2662. Number of survey in grants registered. The register of deeds in each county in this state, when grants have been registered without the number of the tract or survey, shall place in the registration of the grants the number of the tract or survey, when the same shall be furnished him by the grantee or other person; and in registering any grant he shall register the number of the tract or survey.

1889, c. 522, s. 2.

Note. For requirement to register surveys, see s. 1722 et seq.

2663. Certificate of survey to be registered. It shall be the duty of the register of deeds in each county, when any grant is presented for registration with a certificate of survey attached, to register such certificate of survey, together with all endorsements thereon, together with said grant, and a record of any certificate of survey so made shall be read in evidence in any action or proceeding: Provided, the failure to register such certificate of survey shall not invalidate the registration of the grant.

1905, c. 243.

2664. Keep general index. The board of county commissioners, at the expense of the county, shall cause to be made and consolidated into one book, a general index of all the deeds and other documents in the register's office, and the register shall afterwards keep up such index without any additional compensation.

Code, s. 3663; 1868, c. 35, s. 13.

2665. Index instruments. The register of deeds shall provide and keep in his office full and complete alphabetical indexes of the names of the parties to all liens, grants, deeds, mortgages, bonds and other instruments of writing required or authorized to be registered; such indexes to be kept in well-bound books, and shall state in full the names of all the parties, whether grantors, grantees, vendors, vendees, obligors or obligees, and shall be indexed and cross-indexed, within twenty-four hours after registering any instrument, so as to show the name of each party under the appropriate letter of the alphabet; and reference shall be made, opposite each name, to the page, title or number of the book in which is registered any instru

ment.

Code, s. 3664; 1899, c. 501; 1876-7, c. 93, s. 1.

Note. Failure to index, misdemeanor, see Crimes, s. 3600.
Surveys to be indexed, see s. 1722.

2666. Clerk to board of commissioners. The register of deeds is ex officio clerk of the board of county commissioners, and as such shall perform the duties imposed by law or by order of the said board.

Code, s. 3656; 1868, c. 35, s. 15; Const., Art. VII, s. 2.
Note. For duty in regard to official reports, see s. 919.
For general duty as clerk of board, see ss. 1324-1326.

2667. Serve certain notices by mail. The register of deeds shall serve by mail all notices issued by the board of county commissioners to justices of the peace, road overseers and school committeemen, in lieu of the service by the sheriff, and shall receive as his compensation his actual expenses for mailing, and nothing more. Code, s. 3657; 1879, c. 328, ss. 1, 3.

2668. Make out tax lists. The register shall make out the tax lists as directed by law, under the supervision of the board of county commissioners.

Code, s. 3658; 1868, c. 35, s. 16.

2669. Omitted duties, how performed. Whenever, upon the termination for any cause of the term of office of the register of deeds, it appears that he has failed to perform any of the duties of his office, the board of commissioners shall cause the same to be performed by another person or the successor of any such defaulting register. Such person or successor shall receive for his compensation the fees allowed for such services, and if any portion of the compensation has been paid to such defaulting register, the same may be recovered by the board of county commissioners, by suit on his official bond, for the benefit of the county or person injured thereby.

Code, s. 3655; 1868, c. 35, s. 14.

NOTE.

Failure to perform duty a misdemeanor, see ss. 3592, 3599.

Failure to keep index, misdemeanor, see s. 3600.

Entry-taker ex officio, see Grants, s. 1701.

County ranger ex officio, see Strays.

For duties in regard to marriage license, see Marriage, ss. 2090, 2091, 2092. For duty in regard to mortgage given by clerk of superior court in lieu of bond, see Bonds, s. 268.

Constables' bonds registered by, see Bonds, s. 302.

Coroners' bonds registered by, see Bonds, s. 300.

For duties in regard to elections, see Elections.

For duty to record appointments of deputy clerks, see s. 899.

For registration of report establishing dividing fences, see s. 1668.

For registration of timber trademarks, see s. 3024.

For duty as to official reports, see s. 919.

CHAPTER 63.

RELIGIOUS SOCIETIES.

(Sections 2670—2674.)

2670. May appoint trustees. The conference, synod, convention or other ecclesiastical body, representing any church or religious denomination within the state, as also the religious societies and congregations within the state, may from time to time and at any time, appoint in such manner as such body, society or congregation may deem proper, a suitable number of persons as trustees for such church,. denomination, religious society, or congregation, who and their successors shall have power to receive donations, and to purchase, take and hold property, real and personal, in trust for such church or denomination, religious society or congregation.

Code, s. 3667; R. C., c. 97, s. 3; 1796, c. 457, s. 1; 1844, c. 47; 1848, c. 76.

2671. May remove trustees. The body appointing may remove such trustees or any of them, and fill all vacancies caused by death. or otherwise; and the said trustees and their successors may sue and be sued in all proper actions, for or on account of the donations and property so held or claimed by them, and for and on account of any matter relating thereto. And they shall be accountable to the said churches, denominations, societies and congregations for the use and management of said property, and shall surrender it to any person authorized to demand it.

Code, s. 3668; R. C., c. 97, s. 4; 1796, c. 457, ss. 2, 3; 1844, c. 47.

2672. Title to lands to vest in trustees, or in societies. All glebes, lands and tenements, heretofore purchased, given, or devised. for the support of any particular ministry, or mode of worship, and all churches and other houses built for the purpose of public worship, and all lands and donations of any kind of property or estate that have been or may be given, granted or devised to any church or religious denomination, religious society or congregation within the state for their respective use, shall be and remain forever to the use and occupancy of that church or denomination, society or congregation, for which said glebes, lands, tenements, property and estate were so purchased, given, granted or devised, or for which the said churches, chapels or other houses of public worship were built; and the estate therein shall be deemed and held to be absolutely

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