at his office in person or by deputy, and he shall give his attendance accordingly.

Code, s. 3651; 1868, c. 35, s. 6. While it is the duty of the register of deeds to permit all persons to inspect the records committed to his custody, he will not be required, without the payment of his proper fees, to allow anyone to make copies or abstracts therefrom; Newton v. Fisher, 98-20.

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 registration, 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. As to registration of deeds, contracts to convey, and leases of land, see sections 979, 980-—of mortgages and deeds of trust, see section 982-of conditional sales of personal property, see section 983-of conditional sales of railroad property, see section 984-of marriage settlements and other marriage contracts, see section 985-of deeds of gift, see section 936-of powers of attorney, see section 987-of certified copies of any deed or writing which is required or allowed to be registered, see section 988. For registration of deeds as notice to the world, see annotations under section 980.

The reason for the enactment of this section was the insufficiency of the old law: Moore v. Ragland, 74-348.

A deed may be registered at any time after probate and order made for registration: Sellers v. Sellers, 98-13-there being no limitation as to time: Hallyburton v. Slagle, 130-484.

Registration hereunder does not mean a partial or imperfect registration; it means a registration complete and perfect, so that it may serve all the purposes of the law in protecting the rights of parties directly interested and give notice truly to the public: Kivett v. Young, 106-570. Register need not mark deed filed for registration until his fees are paid: Cunninggim v. Peterson, 109-33-and where he holds instrument until such fees are paid and on the day they are paid marks it filed as of the day it was first handed to him, it only operates as notice from the day the fees were paid and the endorsement actually made, Ibid.

Endorsement made on deeds by the register when they are presented to him for registration, is not essential to registration; and, when made, is not conclusive evidence but only prima facie evidence of the facts therein recited: Cunninggim v. Peterson, 109-33.

A register of deeds has the power and it is his duty to correct any error he may have made in the registration of a deed, either by inserting any omitted matter or by a reregistration of the entire instrument: Sellers v. Sellers, 98-13.

Certificates of registration made by registers of deeds are prima facie evidence of the facts therein recited: Sellers v. Sellers, 98-13.

Registration of a deed in trust is deemed complete from the time when register commences it: Metts v. Bright, 20-311.

Where register received a deed of trust and, without noting the time of filing thereon, forthwith began registering same, and two hours afterward an execution was levied upon the property conveyed: Held, that the time of filing could be proved by parol and it had priority over the levy: Metts v. Bright, 20-311.

Where deed was delivered to register at 10 o'clock a m., Dec. 20, 1856, and was actually registered Jan. 28, 1867, and the summons for the garnishee was left at his residence at 8 o'clock a. m., Dec. 20, 1836, but not

actually received by him until the evening of that day: Held, that the lien under the deed had priority: Parker v. Scott, 64-118.

The filing of a deed for registration has the effect of registration, Smith v. Lumber Co., 144-47; Davis v. Whitaker, 114-280; Glanton v. Jacobs, 117-428, and cases cited on page 429.

ERRORS IN REGISTRATION HELD NOT TO INVALIDATE. Case in which the names of the parties to the instrument were wrongly recorded in premises and in description of property, but registration otherwise regular, and was held good: Royster v. Lane, 118-156.

A registry of a mortgage is not void because of the clerical mistake made by the register in transcribing, which does not affect the sense and the provision as to amount secured, description of property, etc., or obscure the meaning of the instrument: Royster v. Lane, 118-156.

Where, in the registration, no signatures to the instrument were copied by the register, but names of the parties appeared in the body of the instrument and in the acknowledgment, as copied, registration is valid: Smith v. Lumber Co., 144-47.

Where register failed to copy the seal attached to the signature to the instrument it does not invalidate the registry, if the fact that a seal was affixed appears in the body thereof: Broadwell v. Morgan, 142-475; Heath v. Cotton Mills, 115-202.

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. For bond and liabilities thereon, see section 301. The registration of a deed is presumed to be correct: Cochran v. Improvement Co., 127-386. Liability for wrongly recording amount in a mortgage: Kivett v. Young, 106-567.

Under section 415 an action for a penalty against a register of deeds and the surety on his official bond abates by the death of the officer: Wallace v. McPherson, 139-297.

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 person 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 regis-
tration 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. For requirement to register surveys, see section 1772
et seq.

26€3. Certificate of survey to be registered. It shall be the
duty of the register of deeds in each county, when any grant is pre-
sented for registration with a certificate of survey attached, to regis
ter such certificate of survey, together with all endorsements there-
on, together with said grant, and a record of any certificate of sur-
vey 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 consoli-
dated into one book, a general index of all the deeds and other doc-
uments in the register's office, and the register shall afterwards keep
up such index without any additional compensation.

Code, s. 3663; 1868, č. 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. Failure to index a mis-
demeanor, see section 3600.

Surveys to be indexed, see section 1722.

Liability for failing to properly index recorded mortgage: Daniel v. Grizzard, 117-105.

The failure of the register of deeds to index a deed which has actually been registered can not impair its efficacy: Davis v. Whitaker, 114-279.

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. For duty in regard to official reports, see section 919. For general duty as clerk of board, see sections 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 sections 35923599.

Failure to keep index, misdemeanor, see section 3600.

Entry-taker ex officio, see section 1701.

County ranger ex officio, see Strays.

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