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SEC. 77 c. [County Clerk.]—In each county having less than eighteen thousand and three (18,003) inhabitants, and until such register of deeds shall be appointed or elected and qualified therein, the county clerk shall perform all the duties enjoined by: law upon such officer, and shall be ex-officio register of deeds. [Id. § 3.]
SEC. 77 d. [Index.]-The register of deeds shall keep a book in which every instrument filed for record in his office shall be entered at the time of filing the same. Such book shall show the final disposition of such instrument and be as nearly as practical in the following form, to wit:
SEC. 77 e. [Seal.]-The register of deeds shall have and keep an official seal, which shall have engraved thereon the name of the county, register of deeds, and the word Nebraska, and he shall attach an impression of said seal to every certificate made by him except such as are required to be endorsed upon instruments filed in his office for record, and copies of any record in his office, certified under his hand and said official seal, shall be receivable in evidence in all respects in the same manner as the original records. [1887, chap. 30, § 31.]
SEC. 77 f.
[Acknowledgments-Oaths-Deputies.]—The register of
deeds shall have power to take acknowledgments and administer oaths, and to certify the same under his hand and official seal, and may appoint one or more deputies when authorized by the county board, who shall have all the powers and perform all the duties of such register of deeds upon giving bond as provided by law. [Id. § 32.]
SEC. 78. [Duties.]-The register of deeds shall have the custody of and safely keep and preserve all books, records, maps, and papers kept or deposited in his office. He shall also record, or cause to be recorded, in suitable books, all deeds, mortgages, instruments, and writings authorized by law to be recorded in his office, and left with him for that purpose. [Amended 1887, chap. 30.]
SEC. 79. [Index.]-The register of deeds shall keep a grantor and a grantee index of deeds in his office, the pages of each of which shall be divided into eight columns, as follows, to wit:
Receipt of Party
SEC. 80. [Entries in index.]-The entries in such index shall be double the one showing the names of the respective grantors, arranged in alphabetical order, and the other those of the grantees in like order. When there are two or more grantors having different surnames, there must be as many distinct entries among the grantors as there are names, being alphabetically arranged in regard to each of such names. The same rule shall be followed in case of several grantees.
SEC. 81. [Endorsements.]—The register of deeds shall endorse upon every instrument properly filed in his office for record the minute, hour, day, month, and year when it was so filed, and shall forthwith enter the same in the proper indices herein provided for, and after the same shall have been recorded, the book and page where it may be found shall be endorsed thereon. [Amended 1887, chap. 30.]
Description of Tract.
SEC. 77c. Fees for certifying abstracts, oaths, etc., must be reported 46 N. W. R., 714.
Description of Tract.
SEC. 82. [Deed and mortgage records.]-Different sets of books shall be provided for the recording of deeds and mortgages; in one of which sets all convey. ances absolute in their terms, and not intended as mortgages, or as securities in the
nature of mortgages shall be recorded; and in the other set, such mortgages and securities shall be recorded.
SEC. 82 a. [Mortgage Indebtedness Record.]-That the registers of deeds and county clerks who are ex-officio registers of deeds of the various counties in this state are hereby directed and required to procure at the expense of their respective counties, and keep in their offices a book to be known as the "Mortgage Indebtedness Record" and such book shall be open to the inspection of the public. [Laws 1891, chap. 22, §1.]
SEC. 82 b. [Same-Entries-Contents.]-The register of deeds and the county clerks who are ex-officio registers of deeds, shall each day enter in such record the aggregate number and amounts of all mortgages filed for record excepting only railroad mortgages and the mortgages of gas, water and similar corporations based on franchises or rights of way, and shall in making such entry enter the number and amounts of farm, town and city and chattel mortgages, separately and shall also enter in the same manner the aggregate number and amounts of all such mortgages, released of record, whether by deed of satisfaction or released, or quit claim or by marginal endorsement on the original record; and must keep a correct and accurate account of the same that the total number and amounts of all liens so released may be shown. All sheriffs' special masters or other deeds which are based on foreclosed mortgages, shall be considered as releases of the corresponding number and amounts of mortgages for the purposes of said record and shall be so counted in making up the totals for each day's entries and the aggregate number of such sheriffs or other deeds so considered as releases shall also be seperately noted on the record. [Id. § 2.]
SEC. 82 c. [Same-Form.]-The record herein provided for shall be in form substantially as follows:
SECS. 82a-e. "An act to require the registers of deeds and county clerks who are ex-offico registers of deeds to procure and keep a Mortgage Indebtedness record, and prescribing the form of sa me and to require annual reports by said registers therefrom." Laws 1891, chap. 22, Took effect Aug. 1, 1891.
There shall be allowed one line for each day and one page for each month in said record, and it shall be of at least one hundred and thirty (130) pages so that it shall last for ten years. It shall be the duty of the register to foot the totals of each day's entries at the close of each month and promptly at the end of each year to recapitulate in the record, the monthly footings and also to transmit to the state auditor a statement of the totals for each calender year and it shall be the duty of the state auditor to embody said statement in his reports. [Id. § 3.]
SEC. 82 d. [Neglect of register-Penalty.]—If any register shall neglect or refuse to perform any of the duties required of him by this act, he shall be deemed guilty of a misdemeanor in office, and proceeded against accordingly and shall for any wilful omission to keep up such record or continued errors neglect or carelessness in the entries and footings therein, be subject to fine or penalty of not less than five ($5.00) dollars nor more than fifty ($50.00) dollars for each and every omission or error, and on information being furnished the County commissioners of such omissions or errors, they shall have recovered from the register by civil action for the benefit of the school fund, the amount of the penalty for such omissions or errors. [ld. § 4.]
SEC. 82 e. [Record, when kept.]-The record herein provided for shall be opened in each county in this state as of the first day of June, 1891, and be kept continuously thereafter.
SEC. 83. [Mechanics' lien record-Mortgage tax register.]—The register of deeds shall also keep a separate book to be called the Mechanics' Lien Record, in which all instruments provided by law for securing mechanics' liens shall be recorded. He shall also keep a tax register of mortgages on real estate, in which he shall enter all such mortgages filed for record. Said register shall show the name of the mortgagor, the name of the mortgagee, description of the real estate mortgaged, and the time when the debt secured by the mortgage becomes due. It shall also contain a column in which shall be entered a memoranda of the discharge of such mortgage or any part thereof at the time the same is released. [Amended 1887, chap. 30.1
COUNTIES AND COUNTY OFFICERS.
SEC. 83 a. [Foreclosure of mortgages-Satisfaction-Certificate.] -That in all cases of foreclosure of mortgages in the several counties in the state it shall be the duty of the clerk of the district court, on the satisfaction or payment of the amount of the decree, to forward to the county clerk a certificate setting forth the names of parties, plaintiff and defendant, description of the premises mentioned in the decree, and the book and page where the mortgage foreclosed is recorded, for which certificate the clerk shall be entitled to a fee of one ($1.00) dollar, which amount shall be taxed as part of the costs in the case, and onehalf of said sum shall be paid to the county clerk as his fee for recording the certificate, and the other half retained by the clerk of the district court. [1887, chap. 63.]
SEC. 83 b. [Entry on numerical index.]-It shall be the duty of the county clerk, on receipt of said certificate, to enter the same upon his numerical index, and record the same in the mortgage record of his office. [Id. § 2.]
SEC. 84. [Numerical index.]-The register of deeds shall keep a numerical index as nearly as practicable in the following form, to wit:
SEC. 85. [Entries on numerical index.]—It shall be the duty of the register of deeds on receiving any conveyance or instrument affecting realty including mechanics' liens, to cause such conveyance, instrument, or mechanics' lien to be entered upon the numerical index immediately after filing the same. [Amended 1887, chap. 30.]
SEC. 86. [Endorsement.]—After such instrument has been so indexed the register of deeds shall endorse on said instrument a certificate showing that the same has been indexed as herein required, and shall thereafter record said instrument as provided by law. [Id.]
SECS. 83 a, b. "An act to provide for certificates of the clerk of the district court, to be filed with the county clerk in cases of foreclosures of mortgages." Laws 1897, chap. 63. Took effect July 1, 1887.
SEC. 84. A mistake in entering description on numerical index, the instrument being in all other particulars properly recorded and indexed, does not vitiate the record. 10 Neb. 584. Fees for entering on numerical index, see sec. 48, chap. 28, post.
Cited 22 Neb. 731. 46 N. W. R. 714.
SEC. 87. [Miscellaneous record.]—The register of deeds shall keep a separate book to be called the miscellaneous record, in which all instruments and writings not entitled to be recorded in any of the books herein provided for shall be recorded. [Id.]
SEC. 88. [Indices.]-The register of deeds shall keep indices showing all mortgages and discharges of mortgages left for record, and entitled to be recorded in the same form as is required for deeds. He shall also keep a separate index to the volumes of mechanics' lien records, and to the volumes of miscellaneous records. [Id.]
SEC. 89. [Account with county treasurer -The county clerk shall keep a distinct account with the treasurer of the county for each several term for which the treasurer may be elected, in a book to be provided for that purpose, commencing from the day on which the treasurer became qualified, and continuing until the same or another person is qualified as treasurer; in which account he shall charge the treasurer as follows: With the amount of taxes levied and assessed in each year, as the same appears on each tax list, delivered to him during his term of office; with the amount of money, and with the amount of state, county, and general fund warrants, road orders, or other evidences of indebtedness, which the county treasurer may have been authorized to receive from his predecessors in office; with the amount of any addititional assessments made after the delivery of any tax list; with the amount of any additional penalty added to the taxes, after the same become delinquent according to law; with the amount due the county for advertising lands for sale for delinquent taxes; with the amount of the school fund received from the state treasurer; with the amount received from the sale of any property belonging to the county; with the amount received as fines and forfeitures; with the amount received from dram shop, tavern, grocery, or other license; with the amount of money received from any other source authorized by law. And upon presentation of proper vouchers, shall credit him as follows: With the amount of all county, school district, or other tax, which has been paid over to the proper authority and receipted for; with the amount of county warrants received by the county treasurer, and returned to the county board and cancelled; with the amount paid to the state treasurer, and to school district treasurers, or other officers entitled by law to receive the same; with the amount of delinquent taxes and any additional penalty due thereon; with the amount due on lands and lots, for advertising the same for sale; with the amount of double and erroneous assessments of property; with the amount of percentage fees allowed by law to the county treasurer for collecting taxes; with the amount of money and the amount of warrants, or orders or other evidences of indebtedness which the county treasurer is allowed by law to receive for taxes, which he pays over to his successor in office; with the amount of taxes uncollected on the tax list delivered over to his successor in office.
SEC. 90. [Report to secretary of state.]-It shall be the duty of the county clerk to report to the secretary of state on or before the first day of December, annually, the names of all the county officers with their official signatures and seals of their respective offices, and whenever any change is made in the incumbent of any county office, the change shall be forthwith reported by the county clerk to the secretary of state, who shall preserve and record such lists with changes subsequently made
SEC. 90 a. [Oaths.-Acknowledgments.]—All county clerks and their deputies within the state of Nebraska shall have authority to administer oaths and affirmations in all cases where oaths and affirmations are required, and to take acknowledgments of deeds, mortgages, and all other instruments in writing, and shall attest the same with the county seal. [1883, chap. XIX.]
SEC. 90 b. [Acts legalized.]-All oaths and affirmations heretofore adminis tered and all acknowledgments heretofore taken by county clerks and their deputies in the legal form shall be and they are hereby declared to be legal and valid. [Id. § 2.]
SEC. 91. [Duties.]-It shall be the duty of the county treasurer to receive all money belonging to the county, from whatsoever source derived, and all other money
SEC. 89. See 9 Neb. 431.
SEC. 90, a, b. "An act to authorize county clerks to administer oaths and affirmations and take acknowledg ments, and to legalize acknowledgments and oaths heretofore taken and administered by county clerks." [Took effect Feb. 24, 1883.] See 15 Neb. 32. Clerk must report fees for oaths, etc. 46 N. W. R. 714.