THE 'CARE AND USE OF THE COUNTY
ARGH1VES OF CALIFORNIA
OWEN C. COY, PH.D.
3\U
i -y
THE CARE AND USE OF THE COUNTY
ARCHIVES OF CALIFORNIA
By OWEN C. COY, Ph.D.,
Director and Archivist
Publication of the
CALIFORNIA HISTORICAL SURVEY COMMISSION
C.U.IFOIiXIA STATK I'RIXTIXC OFFICE
SACKAMKXTO
< OPYIUOHT
By Owen C. Coy
in in
V "~" '"' OP CALIFORNIA
S&UA LAxiaAlU COLLEGE LIBRARY
LETTER OF TRANSMITTAL.
To His Excellency,
William D. Stephens, Governor,
Sacramento, ( 'alifornia.
Sir: Herewith is presented a treatise on The ('arc and Use of the
County Archives of California. This reprint from the Guide to the
County Archives is issued in the belief that by a wider circulation of
the observations and suggestions heroin set forth the importance of the
local archives may be more generally recognized and their care and
safety be given more careful consideration.
Respectfully submitted.
CALIFORNIA HISTORICAL SURVEY COMMISSION.
Joiix F. Davis, Chairman.
Herbert E. Bolton.
Edward A. Dickson.
Sacramento. California. November 15. 1019.
( ill )
PREFACE
The .study here presented is a reprint of Part I of the Guide to the
County Archive* of California. It is issued as a separate publication
in the belief that it may prove useful as a handbook dealing with the
care, safety, and use of the county archives. In its preparation two
distinct objects have been kept in mind: First, the consideration of the
care and safety of the archives of the .state: and second, a general
description of the records of the county officials, giving a statement of
what they contain and suggestions as to their value to the investigator.
In so far as is known this is the first time an attempt has been made
To provide an historical summary of the laws dealing with the local
records of California together with a critical study of their contents
and condition. The main object has been to prepare for laymen
desiring to make use of these records a brief account of their history
and content. It is also believed that il may he found useful to public
record keepers when dealing with older records. In all cases explicit
references to statutes and code sections make possible a more complete
study of the laws dealing with the archives in question. Since the
activities of government can be determined most advantageously by
studying the records maintained by the various departments and
officials, it is probable thai as a handbook it may also prove useful to
teachers of political science and local government.
The larger volume for which this treatise was originally prepared as
an introduction contains, in addition, lists of records found in the
various counties of the state. The archives there listed are those of the
clerk, recorder, superintendent of schools, and the four fiscal officials —
the auditor, treasurer, assessor, and tax collector. The first two of these
are by far the most important as regards both historical and adminis-
trative value. They are therefore, as a rule, more accessible and better
cared for than the records of the other officers.
In the preparation of this work" an effort lias been made To observe
carefully the manner in which the records are cared for as well as to
investigate the kinds of materials used in the records themselves. The
icsults show That less than one-Third of the counties have provided for
their records buildings adequately safe from the danger of fire, while,
on the other hand, far Too many arc veritable firetraps. Paper and ink
are often used without due consideration as to their permanent quality.
Furthermore, the very prevalent custom of classing' as '"junk" all
records whose administrative or historical value is not readily obvious
to the official, has resulted in casting aside these records into places
( v )
where they soul) become prey to destructive elements. This treatise is
presented in the hope that by calling attention to these conditions the
safety of the records may be more carefully conserved.
In the course of his work" the author has received assistance and
i ucouniLiemenl from many people. Much is due Professor Herbert E.
I>oltc»ii of the Historical Survey Commission, whose advice and encour-
agement have been of unfailing value. A great deal has been obtained
from the published reports of the Public Archive Commission of the
American Historical Association and from the reports of commissions
on history and archives in other states, especially those of Massachusetts
and Illinois. The kindly spirit of co-operation shown by county officials
and the assistance rendered by those in charge of the Bancroft Collec-
tion, the Boalt Hall Library and the main library at the University of
California, as well as the State Library at Sacramento, can not be
passed without a word of appreciation. Mention should also be made
of those who. with the author, have been active in the service of the
Commission, Among those much is due Mr. Ralph S. Kuykendall,
whose assistance in Held work, as well as in the study of archive legis-
lation, lias made his advice and criticism most valuable; and Miss
I faze] R. Pell, who in a secretarial capacity has been of indispensable
help in checking up references and in proof reading.
Owen C. Gov.
Herkelev. California. November 15. 1919.
TABLE OF CONTENTS
Page
Preface v
List of Abbreviations viii
THE CARE AND USE OF COUNTY ARCHIVES.
The practical value of archive study—
The housing' of public records 4
Materials used in record making- 6
( Joneral observations 10
The Clerk 1°
General provisions _-- 1°
History and organization of the courts ifi
Description of records-- 20
21
History and powers - -- - - — - 24
Description of the records 27
Miscellaneous records ____ 29
Office routine and general duties-- -- — --- 20
Naturalization '■'• 1
Registration _ .-__ __ . __ __ — - 33
Elections -' -• 37
Marriage and public health--. -_. 40
1 pertaining to private business concerns - __ _. — 4 2
Relating to other officers— ___. . — 43
The Recorder — - — 46
General provisions 46
Pre-statehood records ____ ... . .__ --. ..— I s
Records relating to property titles.- 51
Acquisition of original title ._ 51
Transfer and encumbrance of title 54
Miscellaneous property records— 63
Vital statistics . . _ __ . fin
.Miscellaneous records . __ 6!)
The School axu i-'iscai. Officials . 77
The superintendent of schools— __ . . 77
The fiscal officials..- .__ .._ S1
The auditor __ __ SI
The treasurer SI
The tax collector .. __ . s
fXL'EN .. __ S!'
LIST OF ABBREVIATIONS
in). . __number
11. d. ..__ ___ no date
-i'ii. - - _ general
ivy. . revised
ili'pi. _. _ ___ department
stats, statutes
nmdis. ______ _ __ .linondmoiHs
p.. ]i|>. -. \>»ix<-\ or pages
i". or vol. - _ _ .__ \ ohmie
I'ul. Code _ __ _ . IV.Iiiical Code
i *iv. ( '.nil' _ I 'ivil Code
1'eii. I '<)<!>■ ___ ._.. __ i'enal I :ode
( 'ode ( 'iv. I >]■<_<•. Code Civil I'n.cedi.n
-
THE CARE OF ARCHIVES
THE IMPORTANCE OF ARCHIVES
Even as the fabric of mocleri] civilization is built upon the founda-
tion of past generations, so both the security of its institutions and
the means of further progress depend in a vital manner upon the
safety and accuracy of its records, in these Western States, so re-
cently the frontier of civilization, the importance of this fact may not
at first be evident. hi European countries, on the other hand, it
has been long recognized as a matter of great importance that the
public records be properly preserved, both for administrative and
historical reasons.
That the local public archives are an indispensable source to the
historian is readily apparent to one familiar with that held. For,
notwithstanding the other sources of information available to the
research, worker, he must turn to the public records for a large part of
the facts around which he will seek to reconstruct the past. No
adequate history of the development of the State of California can
ever be written that is not based upon a more or less intimate knowl-
edge of the great mass of information found in its local archives.
From them is to be obtained first-hand information showing how the
pioneer gold-seekers established their government and meted out
summary punishment in their local courts; how in their efforts to find
wealth and establish homes they explored remote regions and founded
nourishing cities: and how slavery, although strictly forbidden by the
constitution of the state, was allowed to exist for many years. They
give in detail the story of the building of roads, the establishment of
schools, the founding of churches and fraternal organizations; the
growth of wealth and industry into the great current of modern life.
Pioneer reminiscences and memoirs have real merit but must be
checked with more trustworthy material: contemporaneous letters,
diaries and newspapers are wvy valuable, but even these may be
unreliable on account of personal prejudice or incomplete knowledge.
The public archives, on the other hand, contain a vast supply of infor-
mation which, on account of its official character, lias been gathered or
compiled with more regard for accuracy than is the case with much
ot her material.
To be sure, the supply of facts to be obtained from the archives is
not inexhaustible and upon many subjects may be epiite limited, and
ye! one is surprised to discover that data recorded for one purpose
may prove most helpful in throAving light upon some question seem-
ingly entirely foreign lo the original object, as for example, the use
2 11210
2 inrxn ANCHIVKS OF CALIFORNIA.
iii' I'lci-iii.n returns am! records of school ;i 1 1 i*iic l<i in-i- to indicate rela-
tive Li'i'owih a M< I ilisl t-i I » i ■ 1 ion of population. In similar manner 1 ho
records of marriages, court proceedings, transfers of property, census
reports and I'lcctioi] returns, as well as many < >1 1 1 « - 1- record hooks.
i- iitain an arra\ of facts which can not he found elsewhere. That
tln'sc are id' value alike to the historical investigator, the genealogist,
and student of social science, is a])]>aren1 even to the casual observer.
Many of ihc records are veritable mines of information, and scat-
tered ihroiiuh the archives are frequently found hooks or documents
whose unique character mark them as possessing unusual value.
Among these should he m<-ntioned the Spanish archives a1 Salinas.
Santa Cvuz. Los Angeb-s. San Fran'-isco and elsewhere: the alcalde
dockets in a large number of comities: the volume of hark in papers
in Mont en y County a rchives : the many records of Spa nish and Mexi-
can land gran's: as w«-l ] as numerous scattering documents shewing
huii-es of N'eurn and I ndia u shi Vel'V.
THE PRACTICAL VALUE OF ARCHIVE STUDY
Value to Keepers of Records. The study of archive problems, such
i s has uji'l -rial ■ u in this presenl survey, wili doubtless be recog-
nized as contributing not only to the held of historical research but
also he seen in be of mi .small value in assisting the keepers of our
public i iinis. esp'i-.-'ially the recorder and clerk, whose duties are
largely ilmsi- of archivists. When ii ; > considered that the average
public offi-dal is so busily encaged in the routine work of his office
■ hat able to .',.- ;oi .- 1 i iii.- to h-arn t he nature of the contents of
the "■]■< al mass of ■ ■ md book.- piled Up by his predecessors, ii becomes
is to !.■ e\-p (■■ed to administer intelligently the archives
on t hod whereby hi' rii n be li'dp-'d to become
mo!-.' fa mi iar w i h tie--,- f, au-ds will be of value. in this resped
•s iv|i!-cM-n ,;] in this re] i« ii i is a inmd to be of va hie
l; - i'ai iiu.-s. In the th>l place, the study which has been made
t! is ■ommission in tie- lb hi of archive science pm-mu- ii to present
pel- i,f i'.-cr.!'i is s.,!: e till iwh'i ho. ,)f experienced
a rchi\ is's. .' i e • .\, : ■, in (it ||,-r si al--. but in Kuropean
conn "i'-~ as \. . ; i . v i > ■ ! i ; -eu mula i ion of records and doe um cuts
: has , ■ ■ ■ -U ud\ ui' ) his science.
- -ii ■ ; . ' '., ■ ' ' ; • sta' u' e- a Ui I c. Mes. wit h the resulta ut suiu-
is'a uis o|' i i aw s dea iiii'-!- \vil h 1 he records, will
- ' ul;. in lecoiiic in ire I'a milia r
111 ;;bii In hi 'onie lliol-e aeqlla illl ed wit ll t lie
• •■I- - epi . t he idtat ion of refer-
■'■■':■■)■ 'ha ' it m;
THEIR CARE AND USE. -)
afford ;in easy reference to the laws themselves. Third, the thorough
manner in which the archives, including not only the main offices in
the courthouse, hut basement, attic, and storerooms as well, have
been examined has resulted in the location of many record books
which had been misplaced in earlier years. Fourth, in order to
secure, in so far as possible, a uniform order in the archive reports an
attempt has been made to group the entries in a logical and systematic
manner. In many cases the county officials may bud it convenient to
follow in some degree the grouping and order here suggested.
Value to the Taxpayer. That the work here represented has been
and will continue to be of value to the taxpayer has already been
indicated, for whatever assists in the preservation of the public record
for the use of this and future generations, or aids the officials en-
trusted with the keeping of these records to become more intelligent
and more efficient, will, in so far as it is successful, be of practical
benefit to the state as a whole.
In addition to those advantages which have already been suggested,
the following contributions should also be taken into consideration.
first, the study which has been made of conditions existing in the
courthouses in reference to danger from fires, dampness, and other
elements of destruction, is of no small importance. In many cases, as
will be pointed out in the report, there exists grave danger from
fires, both from without and from inflammable material used in
interior construction. That these conditions should be remedied im-
mediately in the interest of the safety of the records, and therefore to
the security of property, is readily apparent. Second, the materials
used in making these records has been carefully considered, especially
in reference to inks and paper. That the millions of dollars which
are annually spent by the stale in the compilation of these records
should not be jeopardized through the use of faulty materials, should
be plainly evident to all thoughtful citizens. Third, the close exam-
ination of offices, attics, basements, closets and vaults has revealed
many valuable record books which had. in earlier years, been mis-
placed aiid given up as lost. In one case. Kl Dorado County, more
than a dozen record books, many dealing with land titles, had been
misplaced at the time of a courthouse fire in 1010 and had since thai
lime been considered burned. These were found and returned to
their proper place. What was done here was done in many other
counties where books were found and returned to their legal custodian.
That suits involving property titles valued at thousands of dollars
may be averted by the location of these records is more than a mere
probability.
•1 rol'XTY ARCHIVES OF CALIFORNIA.
THE HOUSING OF PUBLIC RECORDS
Fireproof Building's, if public records arc to bo permanently pre-
M'i'vi-il they musl both bo prepared in such a manner as to insure their
y tn endure tin' rigorous tests of time and they must also be
safely housed against loss by (ire. decay and otlier elements of destruc-
tion, sine,' the greatest a]>pareut danger to public records is through
lire, an effort is usually made to see that in structures built to house
them only (in proof materials are used. Practically all of the court-
houses and halls of records constructed during the past two decades
have be, -n built in a fireproof manner; many of the older ones, how-
ever, fall far below whal the standard should be.
Siiiee no universal formula is known whereby ii is possible to deter-
mine when a structure is adequately fireproof, this is largely a matter
of individual judgment based upon a general knowledge of dangers
tin s and o\' the local conditions, such as building material, isola-
tion, lire protection, and the like. While examining the archives of
various coun'ms an attempt has been mad'.' to note whether or
mil the county archives of California are properly housed. While,
in general, ii may be said thai the courthouses have been built with the
lea of guarding the safety of the records, in too many cases this
!.,;> h-M-n iiwnii quately done. Of the fifty-eight counties in the state,
thirty-seven were classed as being probably safe from outside fires.
in many eases this was dm 1 as much to the isolation of the building
as to lie nature of its material. Thirteen were (dearly not fireproof,
and eivht others were jeopardized by their nearness to other struc-
• ■ | i ; , v en a 'onstanl danger. When an examination was made
of ih.' in! erior of t hese buildings the results were found to be even less
sat isfa-tor;. . for should a fire on.ee gain headway within the court-
eivdu ' ga\'e evidence of being able to confine the fire to
!*-■ piac ■ ><]' origin, while thirty-one veiv (dearly not firepoof. and nine
lirepi 'in pari To summarize then, thirteen or nearly onc-
M!: of ihe (ounties a 1 ',- not provided with fireproof buildings;
:v.\,'\ -•■■<: or alioul onedialf are partially protected: while but
me ihird ol' lie whole, ai'e adequately protected.
on] i. Im.w. ver. be added that several of these buildings that are
pri >!' are provided with vaults, where the greater part of the
pposi d to be kept. h is not. however, sa fe to assume
':! !■ • ' ofi'i 'i's in charge always observe Ihe [U'eeaution 1o
in ihe vault, or even thai the vaull itself can witli-
i) the other hand, sad experiences have shown
]}■']: i:;ri'- suppnsi-d to be proof against fire have been seen
when pul to i he test. It is. therefore, proba-
of lie buildings classed as fireproof might not wuth-
THEIR CARE AND USE. 5
Vaults. While a very large percentage of the county courthouses
are to some extent provided with vaults, they are not used as fully
as the safety of the records requires. This is doubtless due to the fact
that, as a rule, they are poorly lighted, insufficiently ventilated, and
not convenient of access, it being necessary in most eases to remove
the hooks to some other place for consultation. The result is that in
many cases the vaults are used for only a very small part of the
records, principally those not in current use.
Another criticism to be made in regard to vaults is that they are
often unsatisfactory as depositories for records because of dampness.
This is usually due to their location, it being the common, although
mistaken, practice to construct the vault in the basement or cellar
or some other part of the building equally undesirable for other
purposes. Experience in other states has shown that a vault should
not be constructed in a basement, and should, if possible, be built to
open into a room which gets the direct sunlight. Since a vault or safe
will gather dampness unless opened frequently if should be opened
and well ventilated at least once a week. To avoid excessive damp-
ness vaults should l»e constructed with double walls, in such a manner
as to permit the passage of air between the Avails as well as within
the vault. This may be done by means of a small pipe connecting with
the flue, in such a manner that the damp air may lie carried off and yet-
no fire lie allowed to enter. Tn case the vault contains a small amount
of moisture if may be absorbed through the use of lime, the lime being
removed as soon as it becomes slaked. The lime should always be
placed in a noncombustible vessel to avoid fire.
Storerooms, Basements and Attics. In addition to the main offices
and vaults, often a eery considerable part of the older county records
are stored elsewhere in storerooms, which are most frequently located
in basements or attics. While in s nee cases these rooms are reasonably
well equipped for keeping the records safely, as a rule they are
brought into service without much regard to their being suitable
depositories for books and documents. Not infrequently the base-
ments are dam]), the attics dusty and mice-infested. In many cases
the books are piled away without regard to their future use, with the
natural result that all are soon a heterogeneous mass. Seldom are
these places adequately equipped with electric lights, so there is constant
danger of fire from matches or candles.
The material found in such parts of the courthouse consists almost
entirely of semi-discarded records, those books which have no1 been
called for by attorneys or searchers for some time. In general this
is know]] as "junk'." but. in spite of this commonly applied title, it
frequently contains materia! of considerable historical value as well
as documents thai may at any time become important coiirl records.
That greater care should be taken of this older material is evident
ti COIN'TY ARCHIVES OF CALIFORNIA.
i" anyone who makes <■ \ i'ii a superficial examination of this class of
material. It' it is a felony tit destroy records some penalty ought to
he meted out to the official who permits records to be cast away where
they are almost sure to be destroyed by mould, mice, dust or heat.
Office Furniture. The equipment and furniture of an office used as
a depository for records should be given more careful consideration
than it has usually received, judging from what is to be found in
the average courthouse. In many buildings the fire hazard is greatly
increased because the offices, instead of being furnished with modern
fireproof equipment, are supplied with wooden counters, hook shelves
and oilier furniture which in a few eases is accompanied by paste-
board filing eases. Since smoking is seldom prohibited in these offices,
and many are healed by wood stoves, it is apparent that the records
kepi in such surroundings are constantly in danger from fire. The
more modern buildings are equipped with steel counters and enclosed
steel filing cases and roller shelved hook" racks. The latter have the
additional advantage in that they not only reduce greatly the danger
from fire, but when (dosed prevent the accumulation of dust, and may
be securely locked if there is danger of theft.
MATERIALS USED IN RECORD MAKING
Not only must the public records be safely housed in fireproof
buildings properly equipped with vaults and convenient dry store-
rooms, bui il is also essential that care be taken to see that the ma-
lm ials used iii the public records be selected with great care in order
to guard againsi the danger thai the ink with which they are written
may fade or thai the paper upon which they are written may dis-
integrate. Allhougli 1 his commission has not been directly authorized
to lake up this mailer, il has considered it within its jurisdiction to
make ;,i least a preliminary examination of the materials used in the'
ofiices of the county officials and to compare the results with similar
in vest igal ion in oilier slates where the public records are more closely
s|lpe]'visei |.
Inks. One of ihe most important elements affecting the perma-
ie 'icy of a record is the quality of the ink used. This has lone been
recognized by the leading archivists of Lurope and is being given
■r'-asini: consideration in our own country. More than a century
am* Thomas Astle. the keeper of records iii London Tower, called
; ti' mini to the "'uliiiosl importance" thai the public records be wrif-
'i'M with ink of durable quality. In Is?!' the Oerman government.
s.-, - He. I,, | ,i-i 11 ,..-i tlie permanency of its rei-ords. prohibited the
•' an.\ oilier ilmn iron-gall inks in its record books and some tifne
J detinite instructions as to the methods of classifying ami
'. si h, nks intended for use on public records. Subsequent
1 . •■-! mat imis h\ Schluttig and Neumann developed a
THEIR CAKE AND USE. i
definite formula for the manufacture of iron-gall ink. taking into
consideration its various chemical elements.
In this country investigations along this line were first begun by
the Commonwealth of Massachusetts through its public record com-
missioner, Robert T. Swan. Swan examined the various kinds of ink
in use and concluded that many of them are entirely unsafe for use
upon records where permanency is an important consideration. 1
None of the inks made From aniline dyes are permanent, and when
oner obliterated by light, heat, water or other causes, no means lias
been discovered whereby they can be made legible. Likewise, log-
wood inks are unsatisfactory, as they have a tendency to turn brown.
it' they do not fade entirely. Carbon inks, when mad*' in the proper
manner, are permanent, but many so-called carbon inks are either
not carbon inks or are improperly made and therefore not safe to use
upon the records. Of all the common inks nut-gall and iron inks are.
if properly made, considered the most permanent, for even in ease
the writing made by these ink's should fade, it is possible to restore it
by a nut-gall or tannate solution. Many inks which are recommended
because proof against the action of acids may not be permanent
against the action of time and even be dangerous because of their
action upon the paper. As the result of Swan's investigations, Massa-
chusetts came to adopt, as the standard for ink used upon its public
records, the formula for iron tannate inks as worked out by Schluttig
and Neumann. This has subsequently been adopted by the I'nited
States Treasury department and other government bureaus.
Standard Ink. Although leaving to the manufacturers of ink the
opportunity to modify the details in such manner as they believe may
facilitate manufacture or improve the quality of ink. there were
adopted certain specifications and requirements which all inks, used
upon ihe public records, are required to meet. They demand that the
ink shall be gallo-tannate of iron ink. nol inferior in any essential
quality to one properly prepared in accordance with the specified
formula, in which all the ingredients are of the strength and quality
prescribed by the [Tiited States I'harmacopu'ia and the per cent of
true H'-id present in the sample of tannic acid used has been deter-
mined by the Lenwenilml and Schroeder method. The formula for
standard record ink as adopted by Massachusetts is as follows:
Tnk" cit' inii'i'. dry Tannic Ac-id. :':'. ! arts l>y v>
of crysml <;nlli<- A'-id. 7.7 pans.
hi' I-'i-rrm;s S 1 1 1 ] ! ] 1 r 1 1 - • . oO.O part<.
of ( ill id Aral.ii'. 10.0 i ,.! i'T -'.
-I' dilm d Ilydr .i-lili ric Arid. li-Vi j ; n».
of < 'arliolic Ai id, 1 .o | art.
of Water, snffi'-ii-iii in mak" u]> tin- inivi nv at lie t • in p -.'a t <\v of c,fi 1'
in 1 1n- voliiin.' of I. miii parts liy wcid - nr-r.
'■Muss: ii us. ('..mniission, i- ,,f Piililii- Pviionls, I-;, p,,i-i j.f. Ill* 1^1.
> foi'NTY ARCHIVES OF CALIFORNIA.
Resides these elements the I'nited States government requires the
addition of <\yc material similar to" bavarian blue to give the mixture
an immediate color.
The inks presented For approval are compared with the standard
ink hy lieing submitted to the Following tests:
1. A tluiil ..iiiic,. allowed ii> .-- 1 .- 1 1 1 < 1 .-it rest iii ,-i white uln.-s vessel, vretdy .exposed
si-il daylight for iwii weeks in the litrht Mini air. at a temperature of •">
'■ till I'., protected iiu'ainsi lip- i'ii! nun-" of dust, inusi remain as five from
r I • ■ j . < ■ -i i i upon the surface of the ink nr in the bottom i ;• sides of the vessel.
2. Ii inusi contain iiu h ss irnii. and must haw a succific irravity of t.n;;rj to
I.040 ai ito 1'.
:!. I inns; d-'Vi-ti.ji its color as cuiickly.
1. Afti'i' a week'., exposure ;o diffused daylight the odor must be as intense a
- d iij'i h tli" standard pcord paper, and ii must oqually resist
changes from exposure to 1 1 till T . air. water, or aleohot.
."i. I: inusi lie as llnid. flow as well, strike no more tlirotmh the pnpn\ nor
remain more sticky immediately aftei dryinuv
Inks used in California Archives. As the result of inquiries in most
of the counties of California it lias been found that the inks of more
than a dozen different manufacturers are in use in the offices of this
stale The greater part of tie's'- are well established companies who
doubtless have a pride in the quality of the ink manufactured by them.
hut in severed counties inks were used which had boon concocted by
local dealers. Practically none of the counties had given the matter
of ilio [H rmaiicncy of the ink serious consideration and little attention
was u'iven to the different kinds produced by any company to deter-
mine whether or not the particular brand used by them was durable.
In some it was the habit to mix two kinds of ink tou'ethor. and in many
ii was the rule tu add water to the ink should ii become thick by
. va pora I ion.
In order thai the opinion of the manufacturer miuht be obtained
llpnll Some of these questions M h" !' ,VtlS Selll to each of them Whose
address could be obiaimd. Replies were received from practically
all. As mie-ht b.- supposed, all named one or inori' kinds of ink
ptoilii 1 by ihein which tli y woubl recommend for use in public
r< 'Mi'ils where permanency i.> the hrst consideration. Since many
b of ink ar< freqiieii! ly proi In .-,■,! |.y i]| ( . same company, it was not
n-^iMi iii till cases lo know whether that particular ink. or some
; r .ra nd. was i he nm - used, h respoiisi lo 1 he inquiry as
' : -:■ : - is safe tu mix i wo or iiior" dii'ferent kinds of ink. there
,-,s a unanimous c\pr ssion ihal it should iioi be done, since ii is
i;diii ' ■ ' ■ e ihe o!'ii"i ncy of both inks. On the
;i bilit ;. - ■ ' ; i a I i . . ■._ wniri' to tvsti uv (he tluidit y of
: - - [irk II warned au'ains
. ■ ,-: r ■ a chemical compound which, when once
■an not he readilv restorei]. It was
THEIR CARE AXD USE. 9
therefore advised that small ink-wells be used, which can he cleaned
and refilled frequently.
Colored Inks. Examinations made of many bright colored inks
indicate that they are apt to fade very quickly and hence should not
be used upon records. .V number of different kinds of red ink were
examined by an expert chemist for .Massachusetts with the conclusion
that ail were more or less fugitive and that there was no permanent
red ink'. In like manner blue and other colored ink's were advised
against. Fortunately these colored inks are not used to any im-
portant amount upon public records of the state. There has, however,
been a custom in some counties to make endorsements upon docu-
ments or headings and marginal references on record books in red ink".
while the document itself is copied in black. In view of the results of
the investigations elsewhere made there can be no doubt that the safer
plan would be to make all entries that are a part of a record in black
ink only.
Stamp-pads. Although colored inks are but little used upon the
public records, the use of rubber stamps for dating and indorsing
documents is very common, and not infrequently these are used in
permanent record books. That there is grave danger from the use of
these there can be no doubt for the more brilliant colors — red. purple
and green -are apt to fade very quickly. Black ink pads may prove
To be more permanent, but the fact that the ink is not as a rule forced
into the paper, as is the case with a pen or typewriter, increases the
danger that any imprints made with a rubber stamp may not be
permanent.
Typewriter Ribbons. With the invention of the book typewriter
and the insertable leaf record book' many of the offices have adopted
the typewriter as an important factor in the copying of records. Al-
though it is impossible without an examination of the various makes
of ribbons to determine which, if any. are really permanent, black
record ribbons produced by reliable companies are to be preferred.
while, on the oilier hand, purple or other colored ribbons are to be
a voided.
Record Paper. Notwithstanding the importance of securing a per-
manent ink it is of equal, it' not even greater necessity, that the paper
used in the record books and official documents have a quality en-
ablinc' ii pi endure the rigorous test of time. The necessity of pro-
tecting the character and quality of [lie paper used in its records
was recognized by the Commonwealth >^' Massachusetts more than a
century ago. Subsequent investigations led to the passage of an act.
in lSDl. specifying thai the standard should lie "paper made of linen
rags and new cotton clippings, well sized with animal sizing.'' It is
explained lhal linen raffs are required because the previous wear upon
1(1 ('MIXTY ARCHIVKS OF CALIFORNIA.
tli'' liiHMi was found to l>c advantageous: thai new cotton was required
in order in avoid tlm excessive use of chemicals in cleaning the old;
and that animal sizing was specified in order to avoid chemical treat-
< ■!' i he -iirfarr. '•
Tli'' pa | rr in ireimral i is»- in the record honks in the comity archives
oi ('alifornia ap]>ear.s t < » be a irood ipialily of ledger paper, and there
is probably less danirer from inferior ipiality of paper than from poor
Vet the point is "!' such <rrave importance thai it should not be
left to the judu'iiieiil of the county oi'licial without the guidance of
scientific expert*. In reuard to the paper used in the documents
which are supposed to remain permanently on file there is much
ureater danirer from an inferior grade beinir introduced, since these
ih cuments are often inscribed upon printed forms furnished by others
than the couiily officials. Since, upon filing, they become a permanent
par! of the public records, regulations should be adopted prescribing
that they !c made upon a paper of durable quality.
GENERAL OBSERVATIONS
Repair of Documents and Records. The constant use to which
rcci rd bo.ifcs. maps and documents are suhjeel makes it necessary that
the keeper of iheve records, if he conscientiously seeks to pert' nan his
duty, inn-! i-'iiv for their repair. The mo<t common practice is to
employ a copyist l'> transcribe the records to replace the worn book'.
When they are badly worn this is the only thinir thai can be done, but
in eiher 1','ims ii may be possible by a reasonable amount of care and
foi'et hmm'iit 1 i repair book.-, before the damage has reached a stage
\\ I i'1'e repab' is imp >ssible. In the first place attention should be jriven
!" die •':'■ [ijimenl to -ee that the wear upon the books is reduced
this r» ason horiz mtal roller shelves are i om-
ph; ■ tile old slii lied racks where the books Were placed
; ■'■. Tin bo k- should be cunvenieiitly arranged and labeled so
m n >siin to handle any ! k other than the one
-:!•"■!. A «•;. si mat i-- effort si uld ■■ made to inspeci all books reiru-
aim ; - s ' : as ii heroines not iceable. There
eio is :l A- ■ repa ■ j torn pa ires so they may be reunited
-'':,_:':, i si nrbi m.' t he rcadimr' mailer on 1 he paim.
I' a if e> a larvm iiumbi't" of volumes are constantly being
■ s - i ; M i\" 1 he proper I'll IV to See t iiai t lley a l'e
<t ei id i heir usefulness over an indefinite
d be periodically inspected and effort should
n oi' a I ' who use i he arch i ws i o i he end
■d.'ess da na-e to 1 he records I liminated.
THEIR CARE AND USE. 1 1
Leather ami canvas are most commonly used for the purpose of
binding. Although the former was for many years the more popular
form of binding, the superiority of canvas has now been demonstrated.
heather has been found to deteriorate and when subject to great bent
even to melt into a dark mass which stains the records, when under
similar circumstances the canvas bindings remain uninjured. 1 In
rebinding it is suggested that the volumes be interleaved with pages
larger than the original in order to protect the older paper which in
many cases has become brittle and is therefore easily broken. Care
also should be taken to see that the correct title and inclusive dates
be stamped on the back of each volume 1 .
Copying' of Records. Through repeated handling records sooner
or later become until for further use: it becomes necessary to provide
for copying them. Furthermore, the formation of new counties or
shifting of county boundaries often places property under the juris-
diction of a different county from the one in which the title was
originally entered, in which case it is desirable to reproduce the record
in the archives of the new county to which the property belongs. In
the case of several of the more recently formed counties the acl creating
the county has provided for the transcribing of all these records which
properly pertained to lands in the detached portion. It is unfortunate
that this has not been required in every cast 1 , for. in addition to the
convenience in consulting records, this plan provides an additional
official copy of the record winch, in case of loss of the original, may be
most valuable.
In copying records or documents absolute adherence to the text of the
original document must be demanded. I'nfortunately many of the
early copies of documents have not Followed carefully the original.
This, of course, destroys confidence in the copy and may even render
it worthless as an official document. Recent transcripts show greater
care in copying and in making the comparisons, so that the criticism
which is made of earlier copyists is no longer so fully justified.
Photography. The use of photography has been suggested as a
means of recording documents. Measures relating to this matter have
been before the strife legislature at its last few sessions, but up to the
present no action has been taken approving of the plan. The argu-
ments favoring the method are. first, that a true!' reproduction of the
original documents would he made by a camera than by any copyisf.
ihus eliminating tl rrors which often find their way into recorded
docimieiils : and second, thai the expense would he lessened.
Mass;,, iii,.-:.-!is. CuniiiiissiiiiiM- ul' Uwhlir Krrnr.ls. I;,i, ,,n. Is,,,. ;,],. :: s :;-,; :-W
12 fol'NTV ARCHIVE?; OF CALIFORNIA.
t ):,]■,,..< ,| | , these anruments are the following important eonsidera-
-: Siiicr :.'.'!> ' f the documents preserved for record arc almost
iirejinsr of poor ] ie i mi;! ! ish 1 1 >. it becomes one of the iiiiportrint
tis of {lie i-op\ isl in determine the true wording of the document
;md then transcribe it into uniform legible script or type. That this,
when iL it in ;i manner to insure an accurate reproduction of the
'■:■: j inal. is a valuable service, none can deny. A train, up to the present
tiiiie the paper used fii' photographic purposes is thicker than the
hcaviesl i f ledger paper used in the records and can only be used on
cue side. The inevitable result would be that the records would require
at lea>t rwiee the space they now occupy and probably an even larger
tmiiiiiiii. Kurthermore. the permanence of the photographic record
lia> ni.l yet been established. There are two essentials to this quality
ef permanence: first, a [)aper \vhich will withstand the heavy usatre to
which a public feeord is constantly subjected; and second, the imprint
ii]i' n ;1 c r ■ in! page must lie made in a manner which will not permit
r to fad' or be erased. It has not yet been sufficiently demon-
strai the photographic impression is capable of enduring perma-
nently, wliih there is an even mure grave danger that the paper itself
can - staii the constant wear. !n viev," of the.s nsiderations
si .-m to safe a 1 present to permil the use of photography
;.- ;: -ubstil lie for ilm pres'Uil method of copying documents for the
al '■" ids. The i,bji-ei us here raised do not. however, apply to
transeripi ■ from the official records such as cert i tied copies of recorded
Insertable-leaf Record Books. Since Ibni the lavs have jiei'mitted
•he use ■ • - r insertabledeaf 1'ecord bonks in the office of the
■ ■ ■ i-s. Although the provision was made optional.
einph i\"i d in ilea rly all of the counties of
- . f' ■ ie'iee and e.-on-'my 1 here can be no mm-i iun as
:i\ . The sal \ of this kind of a bonk as a reeord
■ials in hose caiv 1 hex are placi d.
hai ib' \ ilume :> : i-intr ' ' ;• list be carefully
. ■ . '/.: <\<\. All !';rj's , . .- . , . \ w it h t heir e, in-emi-
• ■. - ;;- soi'H as i he ||,. is i- i I. to pl'eVelll tile
- ' I * b .11 of ;i ■ 1 ' lib relit patl'e fol' p|)e ; 1 ! I ' t - ," i < ! \ ll<eil. As Son]) MS a
should b ■ indeM-d. When the volume : >
. I and la n ■•• In Mm.' as permanent a reeord as
f '. ral the u>c of r,.,-,,rd books of this character is
ba!> and ': b : I e\v.| t hai 1 heir desirability has
• : • ■ 's- ' fi ir caul ii in is an ever present
THEIR CARE AND LISE. 13
In those offices handling financial records only there are grounds
for serious complaint regarding the abuse of the insertable-leaf record
books. Due to the fact that insufficient binders are provided, if is
found thai in far too many cases financial records which might other-
wise be valuable are rendered useless because the sheets when filled are
not permanently bound, but placed carelessly away in a corner of the
office or in the vaults or storeroom without regard to their future use.
The result of this is. that in many counties where ledgers, cash books.
warrant registers, and other records have been well kept during' a long
period of time they are not to be had for the more recent years.
Economy in Archive Space. The problem of sufficient room is a
very serious one in many offices. Unfortunately this condition exists
not only in those counties that are still using antiquated courthouses,
but even in many counties that have but recently built new county
buildings. It is too often the case that the county boards do not
have sufficient vision to foresee the needs of the future, with the
result that expensive and well appointed buildings soon become inade-
quate to meet the growing demands of the county. The' remedy for
this is more care in planning and constructing public buildings.
Hut quite aside from the consideration of the size of the building.
the matter of record space requires serious consideration, for it leads
sooner or later to an attempt to discriminate between these records
which arc essential and those which are of less or of no further value,
a matter which is too often determined by men incapable of judging'
I he real value of a document. At any time a record which has been
unused for years may suddenly become the center of interesl in some
matter of great importance. An effort should therefore be made to
conserve all the space possible audi yet not discard anything which may
at some time prove to be of value. One way in which this can be
accomplished in nearly every courthouse is by discarding the unused
pages in record bonks which are no longer in current use. if need be
having the books rebound.
Should it become imperal ive that a portion of the records be destroyed
this operation should be carried ouf under the supervision of some
person whose knowledge of the archives and of the uses to which the
records may be put enables him to know what documents may he
disposed of with the least possible danger, it would be well if no
records were allowed to be discarded or destroyed excepl under \\w
supervision of a state officer specially qualified for that task'.
The question of space is closely connected \\ ith thai ■' ■
of archives. In many states the policy has been adopted that such
local archives as are nn longer needed for administrative purposes
should be centralized at some central archive. There are manv issues
14
(i iFNTY AUOIIIVKS OF OAI.IFoRX] \.
in\ iiI\-:-(| .11 iln' cuiisit 1 < - ra 1 1011 ot this policy such as local pride opposing
n iui!\ al. the classes (if archives liiat shouhl he n moved, and that of
adeijiuite space in the central an-hive itself. In view of these apparent
difficulties mi recommendation can he made at present. It is. however.
;.elie\i'd thai the tiiiie tiiust eoiue when records whose usefulness: to the
immediate community has passed should he properly cared for in some
place where their real value as historical documents will be more
carefully recognized and respected. At present many records of great
value to the historian, and pertinent also to the rights of citizens, are
carelessly relented to what is commonly known as the "junk heap."
Training- of Archivists. So long as the care of public records is
made dependent upon the tickle changes of political opinion it can not
lie expected 1 har their care and safety will at all times be the paramount
c iiisidei'ali.ai. While the democratic principle of rotation in office may
have elements in its favor in some cast's, it can not be justified in refer-
ence to those officials entrusted with the immediate care of public
records. The remuneration attached to such offices as the county clerk
and recorder should be sufficient to make it possible for men of com-
petence and ability to devote tln-r attention to the work": it should not.
on the other ham!, be so high as to make the position sought after as
a reward for party loyalty, or political favor. When an official has
demonstrated his ability and worth his Tenure of office should not be
' list Ul'bed by petty coiisiderat iollS.
What is -aid of elected officials applies also to assistants in these
oftiees. In fact, it frequently is the cast-, under our system of govern-
that the deputies are more expert in handling the duties of the
■ 'fan are I heir superiors. Other states, following the example of
'iii' European ceiinrries. have seen so clearly file need of trained
anhivbes in charge of their central and local records that they have
•-t ; ili-di'-d s'-hi i i!s i'i ir t ra ;uing of persons
i • i ie se ii" a Wist ern St aft s. w here on r
■■>.'. >;>i bate I'u! 1 \ 1 lie iiiiporian
i ve met hoi Is. r rom
■is and other oftiidals
I lie Will ' !i"\ ,! a M \
est 1'fcorils Wel'e written
expect t hat public sent I-
e >a fety and ] icrnia nence
lit iWeVer. w hen t ids will
he hi. 1 1 a ■ that the m
i | iI*eSelW'at ion of pllbl lc
a n-oimhly equipped with
be »:vai charge nf aiiv
Till-! CLERK.
THE CLERK
GENERAL PROVISIONS
The two most important record-keeping offices in the county are
those of the clerk and recorder. It is necessary that the worker who
desires to exploit the field of local history should become Familiar
with the records of both of these offices, and have some idea "1' the
contents of the others as well, if he is to make adequate use of
historical sources. The clerk has many administrative as well as
archive duties, while on the other hand the activity of the recorder is
devoted almost entirely to transcribing or otherwise preserving docu-
ments which are presented To him For that purpose.
For convenience the records under the supervision of the clerk have
been divided into three main classes, corresponding to the kinds of
work performed by that officer. They are: I. Court records; II.
Supervisors' records: and 111. [Miscellaneous records. With the firs I
division is to be found a brief historical account of the various courts
of which the county cleric has by law been made the clerk, together
with a description of the various records kept by the courts. The
second division includes all those records kept by the county clerk
in his capacity as clerk of the board of supervisors. The third divi-
sion is much less easily defined, bui includes all other records kept
by the county clerk; for many of his duties can not be considered
ms falling to 111 111 either as a clerk of the court or as clerk of the
county board.
The earliest act prescribing the duties of the county clerk was
passed by the first legislature. April IS. 1850. and stated them to be
as follows 1 : lie was ex officio clerk of the district court, court of
sessions and probate court of his county; he was empowered to
administer oaths and to receive bonds: was required to attend each
term of the county coui'1 and the other courts of the county: to keep
an office at the county seat and "take charge of and safely keep or
dispose of according to law all book-, papers and records, which may
he filed or deposited in his office." A iV-ther section set forth thai he
was to issue all writs, enter all orders. ,,-iidgmenf s and dectvi s proper
In lie entered in the minutes: to keep a dockel of each court, in
which he was to make certain specified entries: and was to keep such
other books or records as might be proscribed by law or by 1 he rules
of 1 he court .
A few unimportant amendments were made before 1^72. when i lw
duties of the clerk were outlined in the Political Code.- The first
St.i t s. I ST," : iv, ! -1.
-Pol. Cud.' I 1 >T-J i. SS IL'OI- ojn.-,.
1(] COUNTY ARCHIVES OF CALIFORNIA.
paragraph reiterated the provision regarding the safe-keeping of all
i, .Mills, hooks and papers filed or deposited in his ot'fiee ; the second
(h'clared thai he was to act as the clerk of the heard of supervisors.
district, county and prohate courts and attend each term of them and
upon the judges in their chambers when required; third, that he was
to issue all processes and notices required to be issued and to keep
for each court a docket : fourth he was to keep an index of all suits
in (he district and county courts. Anions his duties were also included
the keeping oi' such other records and duties as might lie prescribed
by law.
Since thai time the changes made in the code have been of little
importance. :; In l!M)7 the code was rearranged and the sections cited
replaced by sections 41 TS and 4-1 Tib but these did little more than to
incorporate the old provisions. With the adoption of the present
constitution in l sv -n. the older courts gave way to the superior court
with a consequent change in Ihe title of the clerk's records."
COURT RECORDS
HISTORY AND ORGANIZATION OF THE COURTS
District Court. At the lime the state was first organized and for
thirty years then after the .indicia 1 a ft airs of the counties were admin-
istered by three, and. for a part of the time, four separate courts.
Ties'- were the distrid court, county court, probate court and the
court of sessions. The highesi of these was the district court. The
distrid judges held court at the various county seats in their dis-
tricts a1 certain specified dates. The jurisdiction of the court was
original in all cases of law and equity and civil cases where the
amount cxccdi-d siioii; and in all criminal cases not otherwise pro-
vided for: il covered all issues of fad in probate cases; and all cases
of real property. The county clerk was clerk of tin- court. By an
ad of .March 11. l s -"»l. the term n f the judg- s was fixed at six years.
and the emir! L'iwn appellate jurisdiction over the county court,
and the courl of sessions in criminal matters." The number of dis-
tricts was increased from nine in l>.>ii to 1 weuty-1 hree in 1 s 7!h
In the year id!-'! the distrid eourl was given jurisdiction over cases
i u\ ol ving the |e>_m lily id' a ny lax. imposl . assessment . loll or municipal
line. In an act approved April i. 1 -m-l. the mailer of tax suits was
much more fully considered, it being provided that all actions for the
es oil real I'Sl lie. v, herein an order of sale was soutdil
i'\ the plaintiff, slmuhl be heard in ihe dis!rid court id' the proper
■
THE CLERK. 17
county. For the keeping of the records regarding these suits the
clerk of the court might be required to procure books as follows: an
index book; a register of actions: an order book: and a decree book. 7
Kecords pertaining to tax suits have been found in more than half of
the counties. In five counties the complete set is to be found.
This court also had jurisdiction in matters of naturalization, but
since the records in reference to this are considered later under the
head of Miscellaneous Kecords no further mention will be made here.
Under the constitution of 1879 the district court was discontinued,
its jurisdiction within- each county being given to tin.' superior court
of that county/
County Court. By action of the first legislature a county court was
established in each county, under the supervision of the county judge.
Four regular sessions were to lie held annually for the trial of appeals
from the justices of the peace and such special cases as might be
pending. The county judge was empowered to issue writs of habeas
corpus and as conservator of the peace of the county could exercise
a.ll tic powers of the justices of Tin- peace as conservators of the
peace, lie was given jurisdiction over probate matters, and was re-
quired to hold a session of court for the hearing of such matters on
the iirst Monday of each month. He was also given power to issue
writs of injunction, mandamus, attachment and all other writs and
processes known to the law. The county clerk was clerk of ibis
court.'
In ISol a general law was passed concerning the courts of justice
of the stale which repealed all previous laws on the subject. Under
the new law the county court continued as before to have jurisdiction
in lesser civil cases, excepl that its probate jurisdiction was given to
a probate court which was created, the county judge being, however,
the judge of this new court. The appellate jurisdiction of the county
court, which originally included judgments rendered in civil cases in
justice's or recorder's courts in the county, was extended in 1 S -T! to
include also mayor's courts. In 18 Go the court of sessions was
abolished and its criminal jurisdiction given to the county court/"
I nder the constitution of 1871) this court was discontinued, being
superseded by the superior court.' J
Court of Sessions. Under an act of the legislature of 1850 a court
oi sessions was organized in each county of the state. This court was
composed of the cuiinly juduv and two justices of the peace, the
'•■mnty clerk being clerk of the court. Meetings were to be held
<*vcry other month and their business was divided into two kinds
IS
t'lirNTY Akt H1V!> OF CALIFORNIA.
known as criminal jurisdiction and county business. The criminal
,ii ctiiiii in' iln- court of sessions extended lu all cases of assault,
assault and battery, breach of the peace, riot, affray, petit larceny
and misdemeanors punisha ble by iine nut over ^oOU or three months
i :,.!'!!-...;: ii i.-i : ; . in add it ion to i Ids criminal jurisdiction the court sup-
pi h d I he [ilaee lali r taken iiy 1 he board of supervisors. Since the two
ds of business Were radically dllTe)-eil1 tilt' clerk was required to
keep a separate se] of iiiinu e> and records foi' each.'- in spite of
lids provision. Iiuv.rvi-r, in many oi' tin- counties the ndnules were
eomhined. The ieeords relatinu' to county business will he considered
under {lie pi rds of ti:e hoard of supervisors.
An ad of March II. I -••Vi . repealed ihe former law but embodied
hiosi of iis feat ores. As uiven in this act the jurisdiction of the court
was : 1 to ino lire, by tie intervention of a urand jury, of all public
offense- i om m it ted oi- t riable in the county : - to try and determine
indict i Hen t> ', ■>■■. d \ h.-i ein, foi ; ,li j » ■ ; ; > 1 i ■ - offenses except murder, man-
slaughter ;md ar-on: '■'> to he,-, r and determine appeals from the
ju-tiees*. reeorders" and mayors' courts in cases of a criminal nature. 1 "
In l^lio the coini of sessions was discontinued and its criminal juris-
diet ion m'ven to t lm eounty court . '
Probate Coi-rt. 'I'lie a--t of tin- leidshii ure by which the count;*
r1 u';c ei'ejite | mive to tl'al court jurisdh-t ion o\er probate mat-
h rs. except that i-.su> •- of I'ioo joined in Tie- probate court were to lie
tri (1 n lii distri •■ ■• url. l-'or ihe iransaciioti of probate business
the countx judu'e was in hold a t'-rm of the court on the first Mmi-
ln l^d a distinct court was created, to be known as the pro'nate
curt, the i oiinty jmb-m in-iim made judae of this court. Its jurisdic-
i ion was. similar to t h,:t form, rly exereisi d by 1 lie county court over
probate b -,i; ■ss, id'-; rdwuj issues of fact, it was reipdred that in
si.-.uhi. oi 'e.piest of eii her party, be 1 ried in 1 he
d : -' :■!'•! court . hut mm hi ' o,|;m-1i1 of { he pa I'l ies be 1 fieii ill 1 he I it-o-
\p
on-- o i i
UiU
tli ' di>t rid court I rom the
1 <>] allowed appeals to the
•ilded so as to require these
hate court instead of in tlm
- i 'ii- for tli'- oi'obat e court
THE CLERK. 19
were incorporated in the Code of Civil Procedure in 1872. ,s The
probate court was discontinued in 1879. being superseded by the
superior court, in accordance with the provisions of the constitution
adopted in that year. 111
PrGbate Records. Although since 187!) the probate court lias
ceased to exist as a separate court, it has been the ride under the
superior court that the records of probate business should be kept
separate from the regular civil and criminal business of the court.
In the larger counties probate matters are turned over to a special
department of the court. There is a great diversity in the methods
of keeping the probate records, depending somewhat upon the size of
tlie counties. This department, in common with the others, lias a
calendar, docket, index, file, register of actions and minutes. With
the latter arc included orders of the court. The larger offices have
a greal number of form books for entering orders, but all the volumes
of minutes and orders are usually numbered consecutively in one
series. In the probate department are also found volumes in which
are recorded letters of administration and guardianship, in several
different forms, guardians' inventories and appraisements, wills ad-
mitted to probate, and the records regarding the collateral inheritance
tax.
Superior Court. The present judicial system dates from 1880
when, under the provisions of the constitution adopted the preceding
year, a superior court was created in each county to care for the
business previously handled by the district, county and probate
courts.
In the smaller counties one judge is sufficient to handle all the
business of this court, but in the larger counties several judges are
elected to this position. When there is more than one judge the
court is divided into departments, a department being assigned to
each. One of the judges is then designated as presiding judge, in
which capacity he assigns cases to the various departments: other-
wise there is no difference in -rank among them. h is usually the
rule, in so far as practicable, to divide among the different depart-
ments the various kinds of cases such as criminal, civil, probate and
juvenile matters. In many counties a separate set of records is
kept for each of these four classes of business, although in some civil
and criminal business are combined.
Juvenile Court. The Juvenile Court law. approved March 8. l!)()f».
provided thai the superior court should exercise the jurisdiction
conferred by thai act. in counties where there were more than one
judge, one was to be selected to preside over this court. The ses-
•Seits. 1st;:; I :::::, : l siiT-s : v,-ls : Corlo Civ. Pioo. 11*72). *S '■> I 1"": '!"•'.< ii7 ! :
!::!.': 1710.
St;iis. !^n : :;.
20 COFX'TY ARCHIVES OF CALIFORNIA.
sioiis ol' tin- juvenile court inns! he held separate from other court
vi vsions, ami no persons permitted 1o he presenl except such as were
connected with ili«' husiness of the court. The orders and findings
ie court Wi'Vv lo he recorded iii a "hook to he kepi for thai pur-
pose and know]] as the "juvenile court record.' ' -" The Juvenile
('iiurl law of lhl-1 made no change in the provisions cited ahove except
to require the orders ami finding's to he entered in a "suitable book
or hooks or other Form of written record, lo he kepi for that purpose,
and kipiwi] a.s the 'juvenile court record V" 1 In most of the counties
this law has heeii ohserved. In live of them, however, there are no
juvenile eourl records.
DESCRIPTION OF RECORDS
Roll of Attorneys. An act of February If), 18 .11. provided that
admission of attorneys to general practice hefore all the courts of the
si i1 ■ should he made by the jndyes of the supreme court, although
th • judges of the distrid and county courts mi<>ht adm'n to practice
in their respect i \"e courts. The clerk of each court was required to
keep a roll of attorneys and counselors at law admitted to practice
hefore the eourl of which lie was clerk, which roll the attorney was
I'eijuin d 1" si Si' II hefol'e ije received his lie, use. the roll henm i\ record
of th >uri. This arrangement continued in force until the adoption
of ih" ('ode of Civil Procedure in l s 72 when the provision reg'ardinii'
the dis.lriei and county courts was omitted, bohm' restored, however.
\>\ an an ndmi o the code in l s 74. In lSSi) the superior court took
the pi; ■■ ■ of tie disirim and county courts. In lsh.l the provision
of ihe end.i- pet-mil t inu' tin superior court to admit attorneys io pra<--
tice in that court was am. in removed, and in l'.XI.l the examination
cert i lien t ion of altorm \s was made the duty of the judges of the
i':isirict courts of appeal. The clerks of these courts keep a roil of
attorneys ami tran-unit immlhly to the clerk of the supreme court a
T tho-e admitted duriim ilm month, and the clerk ^\' the supreme
■ ee; ej-al i'o 1 1 o ]' all at loriie_\ s admit led to pract ice in t lm
Calendar. \ hook in whi'h lie ■ ■.■ - enters ihe cases hefore ilm
a ■ -ordiiuj i ' ilm date ,,f issue. Ini'mr each date of the court.
-e- d, ii ■ eni'-rs tie t it les of 1 he cases to come hefore tile court
I a ft i r heai'inti'. a notation showine; whal disposition
tie '-as: whet le-r di>misseil. continued, etc.. and if con-
I " ' !i;il This h.iok can n< »1 propcrlv he cji lied a record
I'--" i i i j -TH. -s" ; < 'mi.' Am- lis. I ^T:i ! :!"!
THE CLERK. 21
as it is of little value except for current use of the court. In most
counties no attempt is made to preserve it.
Docket. A record book showing the title of each case, date of com-
mencement, memorandum of each subsequent proceeding in such
cause with the dale thereof, and list of all fees charged in the cause.
In the case of criminal action it must show each indictment according
to dale of filing; whether a felony or misdemeanor and whether the
defendant be in custody or on bail. 3
Execution Book. An amendment to the Practice Act, approved
April 2. 18GG, provided that when an execution shall have been
returned by the sheriff to the clerk, it shall be the duty of the latter
to attach the same to the judgment roll. "If any real estate be levied
upon, the clerk must record the execution and the return thereto at
large, and certify the same under his hand as true copies, in a booh to
be called the 'execution book,' which book must be indexed with the
names of the plaintiffs and defendants in execution alphabetically
arranged."' 1
Execution Docket. An act of April 22, 18;10. provided that the
clerk should keep an execution docket in which he should enter an
abstract of all executions issued by him, setting forth the names of
the parties, character of the writ, amount, if it be for money, date
of judgment with reference to page of record in which it was entered.
dale of execution, officer to whom issued, and return made upon the
execution. This act was repealed the following year and the new act
contained no mention of an execution docket, but the record was still
kept in a number of counties, in five of them down to the presenl
time. 5
File or Judgment Roll. The court file, more technically called the
judgment roll, contains in civil cases the following papers: In
case the complaint be not answered by the defendant, the summons
and the affidavit or proof of service, and the complaint with a memo-
randum endorsed on the complaint that the default of the defendant
in not answering was entered, together with a copy of the judgment
and any orders relating 1o a change of the parties." In criminal
ease-; 1 he file contains, as required by the Criminal Practice act of
iS.il: ill a copy of the minutes of any challenges which may have
been interposed by the defenda.nt to the panel of the grand jury,
etc.: C2) the indictment and a copy of the minutes of the pica or
demurrer: ■■ •'! minutes with reference to challenges of trial jurors:
< C copy of the minutes of the trial: (.I s ) copy of the minutes of the
judumciit : ((ii bill of exceptions, if there be one; <7' ; the \vii en
it.-*.. I '* .ii :
lie I MV. r
Ti COl'XTY ARCHIVES OF CALIFORNIA.
charges asked of the court, if there ho any. The Penal ('ode in 1S7"2
added. s a copy of all charges given and of the endorsements
tin I'eon. This was amended in 1>74 and continues in the present
IVnal Code which says the file shall contain: (1) the indictment or
information and a copy of the minutes of the plea or demurrer: •'!< a
copy of the minutes of the trial: C5) the written instructions raven,
modified or refused, and the endorsements thereon and a certified
transcript of the charge of lie' court : and 4 a copy of the judgment."
This is one of the \'c\\- court records that may he found in all the
counties. The papers arc usually tiled numerically, the numher heing
the same as thai assigned the case when it was entered in court.
They therefore follow in general a chronological sequence. In some,
as in Sacramento County, the cases which have heen dismissed am
filed separately, tie- case numher. however, remaining the same. In
some of the smaller counties, especially in prohate eases, the papers
arc filed under the initial letter of the parties or estate in court.
General Index. The clerk is required to keep, in separate volumes,
an index to all suits. One volume is headed "General Index — Plain-
tiff's" and has columns for entering the numher of the suit, name
"of plaintiff, name of defendant, date of judgment, page of cut ry in the
judgment hook, pa ire of minute hook- of the court. The other volume
i^ headed "General Index— defendants" and has a similar arrange-
ment of columns. The only difference hetween the two volumes is
1 hat iu tie- hrsl the names of the plaintiffs are arranged alpha he tie ally.
while isi the second the names of the defendants are so arranged/
As a usual thing the index io the court records is wry well kepi in
all Ihe counties. This is prohahly accounted for l>y the tVi < - 1 that these
records are so often used !,y searchers of titles. Pntries are made
chronologically under alphahetical subdivisions.
Insanity Commitments, in I^M an amendment to section -217 of
the Political ('ode was adopted which requires that the county clerk
shall keep a copy !■[' the order committing an insane person to a
- at hospital and shall prepare an index hook showing the name, age
and o'N of each person ord-ivd confined, together will) the date of
:1m order and the name of the institution in which such pm-sou is
to n< confined.
Al i o ei iusani'tv ivcm/v appear in all of the counties, they do not
uniformly follow the provisions of the law just cited. The n cord
con i in it t ing t he insane person may he found at rime-, in an Order P>ook.
It fd it' I o an itii i-nt . Judgment liook. or in the Minutes of hisaim.
"• > iud .■.;'■■■ I in is kept iu ahoiii one-ha if id' t h unt ies.
THE CLERK. 23
Insanity — Certificates of Discharge. There was added to the Politi-
cal ("ode in 1903 a provision that when any person is discharged, as
recovered, from a state hospital for the insane, a copy of the certificate
of discharge may ho filed for record with the clerk of the superior
court of the county from which said person was committed. The
clerk shall record the same in a hook kepi for that purpose and shall
keep an index thereto. 1 " In something less than half of the counties
this is kept in a separate hook: in the others it is usually entered with
tin" record of commitment.
Inquests. An act concerning' coroners, passed April 1!'. 1850. re-
(juired that after the holding of an inquest the ''testimony of the
witnesses examined . . . shall be reduced to writing by the Coroner
and . . . filed by him. with the inquisition (verdict of the
juryi. in the office of the Clerk of the District Court of the County."
But if the person charged with the killing had been already arrested
the coroner was to deliver this testimony and inquisition to the magis-
trate before whom the prisoner was brought, and the magistrate was
required to return them to the clerk of the district court. 11 The.se
provisions were incorporated in the Penal Code in 187*2, with, how-
ever, the ■"county court'" substituted for the "district court"' in each
case. Recognizances of witnesses, when taken by the coroner, were
also required to be hied along with the testimony and verdict. 1 - In
1880 these became a record of the supreme court.
Judgment Book. A book in which the clerk is required to enter a
transcript in full of every judgment rendered by the court in a civil
action. Criminal judgments are copied directly into the minutes. 13
Judgment Docket. A hook which the clerk is required to keep,
having each page divided into columns headed as follows: ■Judgment
debtors: Judgment creditors: Judgment: Time of entry; Whore en-
tered in judgmenl hook : Appeals, when taken : Judgment of appellate
court: Satisfaction of judgment, when entered. In 1 fJ< "7 an amend-
ment required an additional column for the dale of the entry in the
docket. 14
Jury Lists. An acl concerning jurors, appro--. April 28. 18ol.
provided 1 ha 1 after the drawing of the lists of jurors, grand and trial,
these lists should be ided in ihi ofiioe of the c ut; clerk. Since that
date there has been considerable variation it: the nrnthod of preparing
the jury list-, hut Che provision for filing in tip o'T-e of the eounly
'derk lias he..]! retained io the present dav.
24 COUNTY ARCHIVES OF CALIFORNIA.
About one-third of t lie counties have these jury lists. On the other
hand ;i -fury Uonk or -Jury Record, containing time of service, fees,
etc.. is to hi' found in a very large portion of tlie counties.
Minutes. These are a record of the daily proceedings of the court
containing a synopsis of all orders, judgments and decrees proper to
in' < ntei-cd. unless the coiiil shall order thetn to he entered at length. 10
h is customary for the d fi - k to lake ra])id notes of the hnsiness
transacted hy the courl in blotlers or rough tniimte hook-.-,. These
are later copied in proper form into other hooks known as smooth
minutes. The smooth minutes are considered the minutes of the
court, although in some cases the rough minutes have also heen pre-
served. Frequently they are referred to in prefi rence to the sinootli
minui es.
Register of Actions. A hook in which the clerk of the court is re-
quired to en! 1 i' the title of each action, with brief notes under it. from
■ to iime. of all papers filed and proceedings had thereon. 17 This
is probably tin- most important of the court records, as it contains in
one place practically a full record of each case, it is therefore much
lised hy searchers of nth s. This book, together with the file, minutes
and index, constitute the only court records which are always to be
found.
Reporters' Notes. In all of the courthouses great quantities of
■"UN rep: ••■-.' shorthand notes are to be found. Although they
'■'•utain ;; ::■;:' leal of information the difficulty of deciphering their
col ent^ ma kes ihem of lift le act ual value.
Transcripts on Appeal. When a case U appealed, to the supreme
court it i ■• 'ed lhai a transcripl including all the evidence, mo-
ms. e,,uri ruin i - . <■]<•.. be pro pap d in printed I'orm and bound for
da u- ' lie cou.'i. it bo-oiiies reaiiily apparent, therefore, thai the
value of -;u'di a ib" unii'ii! i> limited only by the nature of tlie ease to
V hieh ii I'efet's.
SUPERVISORS' RECORDS
HISTORY AND POWERS
1 ' ' ' i-i is of a pa-- d A prii i 1. 1 '-oil. i he coui't of
'•.•■■■■■:.• i-"i i he property
i <. to con rol
,1 to
-ard
■
THE CLERK. Zo
that the minutes and all other records of the court when so sitting
should be kept separate and distinct from the records of the court
when sitting as a court of criminal jurisdiction, a rule which, as noted
elsewhere, was not always observed. The county clerk was made the
clerk of the court of sessions and he was required to record in a book
kept for the purpose the minutes of the court and regular entries of
all resolutions, orders, decisions, judgments and decrees touching
county business. 1
An act of April 20. 1851. created for the county of San Francisco a
board of supervisors and conferred upon them the powers in matters
of county business formerly exercised by the court of sessions. In the
following year a similar law was passed applying to all the counties
of the slate except San Joaquin. Butte, Trinity. Santa Barbara, Ne-
vada, Yuba. Solano. Mariposa, Sutter, Placer. Shasta, Siskiyou.
Klamath, and Sierra." This law was subsequently, at different times,
repealed in so far as it related to the counties of Calaveras. Colusa.
Contra Costa. Marin. Monterey. Sacramento. Santa Clara, Tulare, and
HI Dorado, and the powers and duties of (lie board of supervisors in
those comities handed bach once more to the court of sessions.-''
March 20. ISoo, the law of 1852 was repealed and a new act passed
which provided that "there shall be in each of the counties of this
State a Board of Supervisors," and from this date the court of sessions
ceased to have any legislative functions, although it continued as a
criminal court until 186-3. There were from time to time special acts
relating to the hoards of supervisors in particular counties, but it
will be unnecessary to notice these acts as they did not affect the
general outlines of the law of 18~>o. This law, variously amended and
augmented, was embodied in the Political Code in 1872 and in the
various acts providing for a uniform system of county government. 4
The powers and jurisdiction of the board of supervisors, as stated
in the law of 18."), were as follows:
1. To make orders respecting and to take care of and preserve
the property of the county:
2. To examine, settle and allow all accounts against the county
and levy the necessary and lawful taxes:
■'). To examine and audit the accounts of all officers having to
do with county money ;
4. To lay out. control and manage roads, ferries, bridges, etc.; •
• >. To take care of and provide for the indigent sick of the
county:
(5. To divide the county into townships and to change these as
convenience may require :
'^1'iis. I vr.'t : Ji n. t<\pr the < umi'nHitj.iii <if this i-Hiirt si.'.' jrifi-.' I .".
'SUils. I <:,:> :.~.1 ri ,s,V/. ; fill. 'i'.mC ('l^fiif.'V tnjL'-lusV : sens. I w: :2!i!i <l m </. ;
■". ■ s-i </. : ! \'«:: ::: tfi . t :<■ ■/. : ! <:■: : i:.J n k, „ . |'.,|. i '...!, i |!'K. t, < |'i2V- ! "'.in.
2f!
Cur.NTY \i;ciil\l> OF CALIFORNIA.
7. T" establish and dianjjv election precincts and appoint in-
spectors a nd jndues of eh et ions : .
si . To control and; manage 1 1 1 « * property of the county and to
receive, by donation, any property for the use and benefit of the
coll lit v :
it. To lease or purchase ;iny real or personal property necessary
for the county, after ;i proper valuation by three disinterested
l<t. To sell ;ii public auction, after thirty days notice, any prop-
erty of the county :
1!. To cause jo he erected, furnished and kept in repair a
courthouse, jai] or other public buildings, after receiving bids
ll\ To control the prosecution and defense of all suits to which
■•' 'U'! 1 y is a party :
Id. To do and perforin all such other acts and thing's as may be
s'rictiy uecssary to the full discharge of the powers and juris-
'■•ried on the board.
The hoard was directed to am as a board of equalization, to cause
the state aid. "oumy taxes to be levied, to publish a semiannual state-
ment of the ;•: H-iiih's of the county, and. by an order entered on the
■'. '■ iii'y and confirm all the acts, proceedings and
ci :■• c;e ;> i : r of ses>ii.>ns here! id'ore made. - "
So.'i - urn m legislation ha-- ureal ly expanded the powers and juris-
diction of the hoard of supervisors, but most of these biter additions
were joe tj ■ implied in the enumeration above. It may. how-
I*. i i ej| . -o]i:e of the-,e ;: ( t« : i ' ii i)l;l I |)0Wel'S il s tlleV ;i l'e
1! T tttai.u public pounds ;ind to fix the limits wilhin
}'■ •■'
udl not run at larim :
n ues in countv ;ind township offices, with certain
pests, such as eophei-s. squirrels, noxious weei
nils or \-envtable or ;i nima ! Ii i'e :
i'c sheep. :'-h a lid U'iilJle :
for wnrkinu of prisoners on public roads, buih
■;i ! pol ice. >a ui i a ry ami other reuulai ions ;
i\ for ijih'e'-tisiut;' ihe resources and advantau<
lestroVed bv life of
1 than those in which thi
! v or of ;i n v 1 nwnship or dis
THE CLERK. 27
DESCRIPTION OF THE RECORDS
The earlier laws contained only general provisions thai the board
of supervisors (or ronrt of sessions) should cause 1 to be kepi a book
in which should he entered fully the minutes of the board and all
their resolutions, orders, decisions, judgments and decrees. 10 The
Political Code, adopted in 1*72. in defining the duties of the clerk of
the board, provided thai lie must: (1) Record all the proceedings of
the board: (2) Make full entries of all their resolutions and decisions
on all questions concerning the raising of money for and the allowance
of accounts against the county; ('•>) Record the vote of each member
on a division or al the request of any member; (-1; Sign all orders
made and warrants issued by order of the board for payment of money
and certify the same to the county auditor: (o) Record the reports of
the county treasure]' of the receipts and disbursements of Tim county:
(i Preserve and tile all accounts acted upon by the board: (7) Pre-
serve and tile all petitions and applications for franchises and record
the action of the board [hereon: i'S) Record all orders levying taxes:
(!)") Perform all other duties required by law or by any rule or order
of the board. 11 To which were added in IS S3 the following: CIO)
Authenticate with Ids signature and the seal of the board the pro-
ceedings of the board whenever the same shall be ordered published;
(11 i Authenticate all ordinances passed by the board, and. to record
the same at length in the ordinance book. 1 "
To attempt to analyze all the records to be Pound in the oft ices of the
boards of supervisors would be impractical. A few of the more im-
portant ones have, however, been selected for special consideration.
Allowance Book. This is a book in which the clerk is required to
record all orders for the allowance of money upon the county treasury,
to whom made, on what account, date, number. 1 " This record is
sometimes called '"Record of Claims Allowed" and is similar to the
Register of Warrants or Warrant Bonk kepi by the treasure!' and
auditor, of which it is really a counterpart.
Burial of Ex-Union Soldiers, Sailors and Marines. A law enacted
in bsv) requires that the board of supervisors provide for the proper
burial ol ex-1 nion soldiers, sailors and marines, who die jn the county
wiihoul sufh'cienl means, tlm burial to be in charge of some proper
person and to be at a cosl not to exceed fifty dollars. The person in
'•ha rye of the burial is required to maki a report on the condition and
history of (lie man and his family, this report with the other facts in
the case in lie entered by tile clerk in a book to be kept for that
iMirnose. 1 '
l!S COUNTY ARCHIVES OF CALIFORNIA.
Equalization Records. The minutes of the hoard of supervisors
when acting as a hoard of equali/.at ion are ro([iiired by the provisions
of the Political ('ode to he kepi separate from the regular minutes,
for under see] ion o(;S2 of the Political ('ode the clerk is required to
"record in a book to be kept for iliat purpose all changes, cor-
rections and orders made by the Hoard" relative to equalization of
assessments. 1,1 These records are usually called Minutes of the Board
of Pqualizat inn. although frequently the title appeal's as Orders
of ( ancella : ion of Krroneous Assessments. In many counties this
provision for a separate book lias been disregarded, these entries be-
ing placed in the regular Minute Hook of the board. Often the peti-
tions and certificates of cancellation themselves are also kept on file.
Franchise Book. Since 1S7'2 the clerk has been required to keep a
record of each franchise granted by the hoard of supervisors, stating
for what purpose it was granted, length of time and to whom it was
issued, the amount of bond and license tax required. 16
Minutes. For the historian the minutes of the board of supervisors
constitute the most valuable set of records in the office of the clerk.
Since in them the clerk is required to record fully all resolutions and
decisions and also the proceedings of all regular and special sessions
of the hoard :! can he seen thai the value of the record, if properly
kept, must depend upon the amount of business taken up by the hoard.
As previously noted, the duties and powers of the hoard cover a wide
field of acii\iiy.
The usefulness of these minutes will be recognized when it is remem-
bered that they contain the record of the formation of townships, elec-
tion precincts ;!]](] school districts: election returns: the granting of
franchises: the issuance of county bonds: the laying out of highways
and building of bridges, school houses and county buildings: as well
as the geuer:i i supervision of all ihe activit ies of the county.
Ordinance Bool-. This honk was first adopted in 1ss:J and. as its
name implies, contains the record of all ordinances passed by the
b..;ird of s,,p !M . visors. 17
Road Records. Tim Political Cod,., at the tinm ,,f its adoption in
I • _. pres,-rib, d that the ,.|.-rk of Urn board should keep a bonk in
Mould he i'.-c'.rded all proc.-odiuL'S of tlm hoard relating to road
•hiding on!: rs !a\ big out. alb ring, and opening' roads. In
book lie vas require,! ;,, keep a description of each road
\\-< nv. isle's roads, highways, contracts, and other matters
• "' Minde.' i Trej p,\ jiii ameiidim id adopted j n ]s.s:! Ei 1 1 of the
eel'. r , (| it r ,, : g, |.,. |, laced in 'In hoof; first mentioned was
THE CLERK. 29
to be incorporated in the minutes of the board, in addition to which
the clerk was to keep a road register in which must be entered the
number and name of each public highway in the county, a general
reference to its terminal points and course, also the date of the filing
of the petitions or others papers, a memorandum of every subsequent;
proceeding in reference to it. with the date thereof, and the folio, and
the volume of the minute book where it is recorded. 1 "
In actual practice the road records show much less uniformity than
might be expected. The common titles are Road Books, Road Min-
utes, Road Record and Road Register. These do not, however, indi-
cate four different kinds of records, for an examination of the con-
tents shows that the records usually fall into one of two classes.
The first is a general road record and contains the minutes of super-
visors and other similar entries relating to roads. It is, therefore,
known as Minutes. Road Record or Road. Rook'. The other is a record
of each road or highway, the entries in regard to each road being
assembled on one page in the form of a register. In keeping with its
character this is usually known as the Road Register, although fre-
quently known as Road Record. There are also in many cases deeds
to highways, road petitions, maps of roads, and oilier records relating
to highwavs.
MISCELLANEOUS RECORDS
in addition to the records already discussed, which the county clerk
is required to keep by virtue of his position as clerk of the courts and
of the board of supervisors, there are many others which arise from
his general duties as clerk of the comity. Some of these are difficult
of classification, since they might be classed in numerous ways, but
after careful consideration they have been arranged in six subdivi-
sions. For the sake of convenience the naturalization records are
also placed here, though these are. strictly speaking, court records.
'I here are. therefore, seven groups of miscellaneous records, as follows:
(1) Office routine and general duties; (2) Naturalization; (o) Regis-
tration; i4) Elections: (';")) Marriage and public health; i (yi Pertain-
ing to private business concerns ; (7) Relating to other officers.
OFFICE ROUTINE AND GENERAL DUTIES
I uder this heading are grouped such records as the clerk's cash
book, memorandum of accounts, fee book - , special deposit record, and
others of this general character. With the exception of the fee book",
which is kepi in sonic form by all clerks, there is but little uniformity
'"Stats. ! W. :7 : [\>1. Code ( 1 '.)]:>) , i 2021*.
oil for NT V AliClllVKS OF CALIFORNIA.
in the titles or form of these records, although they are in general
similar in nature. In addition to these financial records there are
fi't (|iieiit \y others I'elalinu to correspondence, files of miscellaneous
papers and the clerk's land register docket, under the Torrens Land
Act. Other tilles which deserve more extended treatment are con-
sidered in the following paragraphs.
Hunting and Fishing Licenses. The game hiw enacted March 1:5.
l!ti>7. re<piired the county clerk to enter in a book kept for that pur-
|)ose the name and n'sidenl address of every person to whom is issued
a huntinu' license, and a description of such person, by age. height,
race and color of r_ws and hair. The l!)(il) law repeated this require-
ment, ! >y an a<d of .June 1 (i. 1 1*1-5. a similar pi'o vision is made rega rd-
i 1 1 tr " Sport iiiu' fishing licenses." Other documents relating to game
licenses, such as applications for licenses and license stubs, are also
l're(juenlly kepi hy the clerks. They are. however, considered as
merely temporary records and are usually soon destroyed. 1
Military Rolls and Military Tax. An act concerning the organiza-
tion of the militia, approved April 10. 1 *."><). provided that "all i'p'e.
white, ahle-hodied male citizens, between the ages of eighteim and forty-
live years, residing in this Stale, and not exempt by law. shall be subject
i" military duty."' All who were iioi exempted by law. and not mem-
bers of any volunteer or independent coinpany. were required to pay
!o the eoiitox tre;isur ,, r two dollars a year as a commutation for the
nonperformance of military dmy. Provision was mad'- for i-nfor'-inu'
the collection of this military tax. This law also required the assessor
ea<di year to make oul a separa t < and dist i n 1-1 lisl of a II persons sub-
ject to military duly and not e.\< mpt by law and not members of any
volunteer or independent company. A i-»*i-l i f !•-■ 1 <■<,<>;, of this lis! was
to be sent to the adjutant LU'iieral of the state and the original lisl
deposited : tin office of t(| •OiUltV clerk. '"
Aii act approved April lim I S .T). re-enacted the eariiei' section
rdhiL' 1 bos i • : i • l o 1 1 I, . i ' also required the asses-
sor, as befor '. to make out a military list, a eop\ to be transmitted to
lie] u'eiiera 1 of 1 Fie br'iLiade to which I ly beloimed. and
> i e ofi'J Ua I in be lh posit e, I in ; he oil ice of tile eOU.'lt V cjerk. This la W
aynieiit of a 1; t w lit 'tils by each i frson on
nilit.-iry list for the sn|>pori of the volunteer militia of the sta'e.
it-n.-d in t)|, sale mauler as oth"f taxes. An amendatory aei
'.'-'. ■ ■. • ■' ; be miiilay '; \ to iifty c.-ni > ami required
s'ai controller lo b,t\e uniform blank receipts printed and dis-
arious eoimt ie^ for [^ in l in- colic. -i ion of t his tax. '
THE CLERK.
31
An act approved May 9, 1861, repealed the previous laws regarding
the militia but re-enacted the section regarding those subject to mili-
tary duty. This law also required the assessor, as before, to make
out the military list of the county, which list was to be delivered to
the clerk' of the hoard of supervisors. These provisions were repeated
in the militia act of the following year.-"' An amendatory and supple-
mental act passed in 18(53 levied upon each male inhabitant of the
state of the age of twenty-one years an annual tax of two dollars, to be
known as tin- "•military poll tax," to be assessed and collected in the
same manner as the state poll tax. Volunteers in the tinted States
army were exempted/'
The laws of 1855, 18(51, and 18(52 required the muster roll of each
company to be filed with the cleric of the county in which it was located.
In a few counties (as Solano and Yuba) were found muster rolls and
other papers relating to military companies organized during the Civil
AVar. and it is probable that a careful search of the miscellaneous files
would bring to light similar records in other counties.
By the adoption of the Political Code in 1872 the previous laws
regarding the militia were repealed or superseded. Sections 1895 to
2117 of the code as then adopted had to do with the state militia.
Section 1897 required the assessor each, year to mala 1 out a military
roll for the county, as under the earlier laws, and to deliver the same
to the c]erk of the board of supervisors. The hoard of equalization
must then correct the military roll at the same time as the assessment
roll, and the clerk must send a copy of the corrected list to the briga-
dier general of the brigade to which Ins county belonged. 7 In 1897
this was amended by requiring two copies of the roll to he delivered
to the clerk of the board of supervisors, and in 1913 by requiring the
military roll to be made up only in each odd-numbered year, and by
substituting "Adjutant Ceneral of the state" for "Brigadier Ceneral
of the brigade. ""
NATURALIZATION
The federal naturalization laws give jurisdiction over naturalization
matters to courts of record having a seal, a clerk and jurisdiction in
actions in which the amount in controversy is unlimited. I'nder the
old system of courts this business was transacted by the district and
county courts; since 18S0 it has been done by the superior court.
In bos Angeles County all naturalization business has since dune,
1915. been handled by the federal courts.
■I'wl. »''.).r- M S7J t. SS 1 v»7. 1 vc.i. 1 :
Slats. 1 s!iT : !'"'■ : 1 :< I :! :7 in. 7 1 1.
:;2
COUNTY ARCHIVES OF CALIFORNIA.
The lii'sl naturalization law. passed March 26, 17'JO, provided a very
simple procedure Citizenship might be conferred by any common
Jaw eourl of reeoi'd upon a hearing in winch it should he shown that
the applieant had been at least two years a resident in the (Tiiled
Slates, and upon his taking the required oath of allegiance. Xo
previous deelaration of intention was necessary, lml the clerk was
required to record the application and proceedings thereon in the
records of the court. Xo special record hook seems to have been
called for. 1 '
The next law. passed .January 2!). 17AA made necessary the filing of
a declaration of intention three years before the final application for
admission, and also increased the residence requirement T " hve years.
The same provisions were included for r< cording the proceedings as in
the previous law. 1. From that time until V.KHi the plan of naturaliza-
tion remained much the same, though lip-re were variations in detail
and some special enactments at different times. 11 So far as the
records were concerned there were no material changes. While there
was no specific requirement in the statutes For special record books, an
examination of the records of the various courts in this state shows
that special books were, in actual practice, kept for the recording of
declarations of intention, petitions and cerliiicates. and for naturaliza-
tion indexes of va rious kinds.
> A California staP law passed in l s 72 required the clerk of the court
to provide two books, in one of which he should enter in alphabetical
order the names of all persons who. from the orga nidation of the court,
had declare,! their intention to become citizens of The Lnited States,
together with the dale of the declaration. In the other book he was
required 1" enter in alphabetical order the names of all persons ad-
milted by ihal court to citizenship in the ['idled States, together wiih
die name of the country of which each was before a citizen or sub-
ject : the dale ,.|' admissioi and the page of the court record honk con-
la untie, i he order admitting hini. 1 -
Tir federal natur; iization law. approved -lune 2'.'. lltnii. required:
1 A declaration ol.' inlenl ion. to be ' : i><! a! leasl two years prior to
is.-ioii: 2 A petition for naturalization, lo be :if,| noi less than
; ' more than seven years after the declaration of intention; with
; ■• • filed a cert m;iie of a rri va ! f >v all aliens coming 1 1 >
A .A country after .lune 2!' 1AA; b An examination of the alien by
■I'-! : ' l ' ■ ■ pet ii i-v pi'e^, nt eel and a iimd hearing by
'■■•■ cniirt. after ie>ii • . at which time \\\,- petition is either granted or
' I.
THE CLERK. 33
Tin' blank forms for the declaration of intention, petition for
naturalization and certificate of naturalization arc furnished by the
bureau at Washington. The permanent court records required by the
law of 1006 are as follows: (1) The original declaralions of intention,
bound in volumes and numbered consecutively from volume to volume,
beginning with number one in volume one; (2) The petitions for
naturalization bound and numbered in similar fashion, together with
;i record of final orders upon the petitions for naturalization, which in
the forms provided by the bureau is kept upon the back of the peti-
tion, this book being called "Petition and Record''; and (3) The stubs
of the certificates of naturalization. 1 '' 1 These latter are not always pre-
served.
REGISTRATION
Pell Lists. These constituted the only official register of voters
between ISoO and 1866 and wore retained to supplement the Great"^"
Register between 1866 and 1872. The' act to regulate elections,
approved March 23. 1850. required the county judge to furnish to
each inspector of elections for each election two copies of a blank
form containing one column headed "Names of voters" and one
column headed "Numbers of votes," with proper captions and certifi-
cates. At the time of holding the election the name of each person
voting was to* be entered on these blanks, together with the number.
These -pod lists were to be included with the election returns, one
cop;\ of which was to be preserved by the inspector for at least six
months, and the other sent to the county clerk. 14
The Registry act of 1866 did away with these earlier poll lists and
provided for the preparation of poll lists before each election by a
hoard of registration for each, precinct. This board was to consist
of one clerk and two .indues to be elected or appointed to serve for a
period of two years. The poll list was to be prepared during the
ninety days preceding the election, and was to be completed on the
thirtieth (\v>y preceding the election, after which it was to be sent to
the comity clerk, who had it primed, together with the other poll lists
for the county. Copies of the printed lists were then scnl to each
clerk of eleeiion. and a fund revision was made by the board of
registration in the three days preceding the eleeiion. The poll list
was to be made up from the uncanceled names on preceding poll lists.
from the great regis! er and from the oral applications of t hose cut it led
to be enrolled as electors for the election. The list was to contain
columns for the number, name. dale. age. class i whether native or
naturalized . occupation and address of each person enrolled, and a
; sous. ::■ I.Miuv XXXIV. .".:••; < t K< <!■
■ : S';,;-. 1 ioU :lu1 ct S' </.
:!4 COUNTY ARCHIVES OP CALIFORNIA.
column in which tin' fact of his having voted or his vote having been
rejected should be noted sit tin* time of the (.'lection. These lists, eon-
slifuting a record of those who voted, were also to he included with
the election returns, as in the case of the earlier poll lists. Prior to
July 1. lM)7. registration in the great register was not a necessary
prerequisite to enrollment on the pod list: after that date it was. ex-
cept in the case of persons naturalized, becoming of hu'c or coming
into the county within thirly-five days preceding the elect ion. 1 ''
The Political Code in 1S72 abolished these poll lists. In a note the
Code Commissioners said: '"We have abolished the poll list,
have made provision by which the great register will perforin all the
offices the poll lists were ever intended to perform. Experience has
shown thai the poll lists are prolific sources of fraud." 1 "
Great Register, liefore lSbli no adequate restrictions were placed
upon prospective voters as is now done by the registration laws. This
resulted in much confusion and frequent charges of corrupt practice
whenever the ele<-tions were closely contested. The "Registry Act."
so called because it required the registration id' all prospective voters,
> was approved March 11). lSljti. Uy its terms the county clerk was re-
quired to provide suitable boohs to be known as the "Great Register"
in which were to he recorded the names of all domiciled inhabitants
of the county who were qualified electors and h'gal voters thereof.
The form of the record and the manner of registration were set
forth in the law and provided that (dear and distinct entries should
he made si Ming forth in separate columns the name of the person in
full: his age; the country of his nativity; his occupation and exact
residence: and if a naturalized citizen, furl her data regarding his
naturalization were n quired. These statements were then to he
sworn In iiy the person registered and that fact staled in the record.
A further column was provided for the record of the cancelation of
the entry, the cause of the cancelation being stated by either of the
words ''dead.'" ""removed." '"insane" or '"infamous." 1 ' To assist
the county clerk in llm registration of the voters the county assessor
was reqiiiri d to enroll and v turn to t ! e eh rk the names of all unreg-
ist i :v, I persons i ill it led to !'■ ui- ! rat k u. lie \v;is authorized to admin-
ister t!,e oath in the same manner as the clerk, and for his work
received .: stilted IV 1 1 1 II II e l'a 1 i << ! I . : ill a I'eW of tile colllltieS. as ill
("iintra ('o-ta and Humboldt, these assessors' returns have keen pre-
'•I'l'Vril ill the connl \ ,i ridli \'es.
i S, i «. .;■ is .-' i-ti"!l ill Uepul'l nf I 'nclf
• '■hi ! ' ' ( ' -;- :i . , |,.,,s vi, 1 I nl ; r. ■],,-. 1 1. , I. i 'ode Amilts..
THE CLERK. 35
An amendment to the ''Registry Act," which did not materially
affect the manner of keeping of the records, was adopted in ISfiS, 1 ' 1
but otherwise the original provisions were incorporated in the Politi-
cal Code when it was adopted in 1872. At this time it was further
provided that before the 5th of August, 1873, and every second year
thereafter, each county clerk was to make out a copy of the uncan-
celed, entries existing on the great register on the preceding first day
of August. These names were to be arranged alphabetically accord-
ing to surnames and numbered consecutively. These lists were then
to be printed and copies distributed to each of the election precincts
within the county and to certain other depositories, libraries and to
electors applying for them. The clerk was also required to tile and
preserve all affidavits returned to him by the assessor or used before
him for the purpose of obtaining registration.-
By a statute of 1878 it was provided that all qualified voters should
register anew in the counties of Fresno. Kern, Tulare. Stanislaus.
Merced. Amador, Butte, Nevada and Siskiyou.- 1 and other amend-
ments provided that in ether counties the board of supervisors should
have the power to require the new registration of voters whenever in
their opinion the conditions demanded it. L -
ln 1895 a more thorough change was made in the registration laws.
The data required niton the affidavit made by the applicant was now
extended to include the full name of the registered person; his busi-
ness or occupation: his age, height, complexion, color of eyes and
hair: place of residence (ward and precinct); time and place of
naturalization, if naturalized; the date of entry; post-office address;
and whether or not the applicant was able to read the constitution in
the English language: to write his own name: and whether or no! he
was prevented by any physical disability from marking his ballot.- 1 '
The clerk was now required to arrange the registration affidavits in
precinct packages. At the end of the period of registration all these
affidavits for the county were to be arranged alphabetically and the
substance of them entered into separate precinct books.'- 1 From the
data incorporated in these books printed copies of the greal register
were to be prepared either for the county as a whole or by precincts.
In counties where it was not required that a new registration take
place, supplemental registers were to be printed. These printed
copies were then to be distributed among the officers, election boards,
libraries, etc.'-'"' Since these contain all the data entered on the u-
original affidavits they are a very valuable source of information.
s- . -. |St;7 s : r, IT.
-' Pol. i 'ode ( IS721. 8$ lmi-l-I 1 1.'..
-Stats. 1 STT S : il!>:i H I.
--Code Anidts. 1 v 7 S : 2fi 27 : 1 RS!l : 4-4.
- ; StiiU'. i VC, :l!-JS ; L'ol. I 'oilO. 5 1 i>!lii.
-'Stats-. "I V.i." ::'::" : l'ol. Code. S 111".
■ Suit*. I vc, :-2" !-_ ; Pol. Code. § 1117.
ioIXTY ARCHIYKS OF r.U.TFORXI.V
further amendsm -ills in the i-imIi- in 1*00 required llial in all the
counties of th'' state a new resist ration should hi' made on each even-
ihi-i'i-d yra i - . .\1 this time a few changes were also made in the
■■II ; ni ••'•i I f)ii tin' regis' ration at'lidavits: complexion, ami color of
i'V'-s aiid liair wciv omitted: while on tin 1 other hand, the state in
v- hii-li utie was horn was now required as well as country of nativity.-''
Within fifteen days after the (dose of registration the affidavits
wen- 1" lie arranged for eaeh preeinet alphahetiealiy. in order of sur-
names, "i'liesi-, imili originals and duplicates, were then to he hound
into hunks and a j.rinted index prepared i'or eaeh honk', the index to
show names, aims, addresses and numhers of the voters as they appear
in the precinct hooks.- 7 In 100:'}. the Political < 'ode was further
mled to require that all affidavits of registration he preserved for
,ii leas! five years From the date thereof, hut that after the affidavits
and duplicates had heen preserved for that period they might, upon
,' the hoard of supervisors, he destroyed.- -
The keeping of the ureal register was discontinued hy an amend-
m ml 1o the code approved April 10. I0o0. which specifies that the
avit.- shall constitute the register required to he kept for the
registration of voters, and that the person charged with the registra-
tion of voters s ] i ; '. 1 1 not copy the facts shown !»y the affidavits as a
■1 ' - dut ies. 1 The.ve affidavits must he preserved for five years.
ui ai't' .'• ll.al time may he destroyed. An index to the registration
ailid.a vi i s. living numhers. names, ages, oeeiipations and addresses.
iuii»i h ■ ive days after the (dose of registration, and
print' 1 1 to the niiMiher of al least one hundred copies : a general index
of all the precincts arranged alphahetiealiy hy precincts must then
iide. ci i py i if which is in he kepi ill 1 he clerk 's office for pllhlie
I'l-fel'i lice.
Tie 1 ; i h ■ j • t ! i • ! 1 of Woman's suffrage caUSi'd Furlllel' changes to he
of 1 e i-i-g-ist ration affidavit. An amendment to the
l'i '' : ; ' i o ie ; ,p|. -.,■ .1 .!■ iiuary 0. 1012. provides thai the affidavit
di>>\ : the full name of the p, •■,•-, .), ; S i-x : occupation: height :
ivity : I'Mu'i place ( ,f re.sh hmeo : pulh ical aflilia-
: , ■■■ of nal u ra li/.at im . if nal lira li/ed : dat e and place of
a el ! aine of pi-r>oii in whom married, if citizenship was
iri I : the da' e , f r.-g:s1 ra lion: puM-i it'lice address : ami
ad he enlist it 111 ioll. et c.. Il> ill t lie ea !'i ief a I 'til hi vitS.
'["< i iii la w a -- it now sta mis is not materia lly different
; •' • ai uts nf which it i> the natural
THE CLERK. •)(
outgrowth. It provides for the complete registration of voters in
each even-numbered year. The registration affidavits mnsl he made in
dnplicale. The data required upon them, while not so full as under
the earlier ads. is somewhat more explicit and requires that the affiant
sign the affidavit with his or her accustomed signature. These affi-
davits themselves form the great register, the originals heing arranged
alphabetically by precincts and bound in this order, while the dupli-
cates art 1 filed in n strictly alphabetical manner without any regard
to precincts. Indexes to the precinct books are prepared and printed.
containing the numbers, names, occupations and addresses of the
electors as they appear in the registration hooks. A general index
of these books, arranged alphabetically by precincts, must be bound
and at least one copy kept in the office of the county clerk for public
reference. :i -
The Clival Register, since it included the names of all the voters in
the county and gave a greal amount of detailed information regarding
each individual, can not be overlooked as n valuable source of infor-
mation, both to the student of history and social science, it is.
therefore, deeply to he regretted that it is no longer kept as a record
and that even the affidavits may after a few years he destroyed.
Some of the counties, realizing the value of this as a record, have pro-
vided for the continuation id' the Greal Register.
ELECTIONS
Electicn Returns. The act to regulate elections, approved March
-T ISol). provided thai the election returns, consisting of the poll list
and tallies, with a certificate attached thereto stating the number of
votes each person received and the office to fill which such votes were
cast, signed by the election officials, should he made up in duplicate,
one set to he retained by the inspector and preserved for al hast six
months, the other se1 to be endorsed "Election Returns" and sent to
the county clerk. The ballots were to he destroyed. The deck was
required, from the returns of the various precincts, to '"estimate"
the vote of the county and draw up and sign a statement of the same.
containing the names of the officers voted for. Ihe number of votes
polled at each precinct by each candidate for the office, and the totals
for the county, which statement was to be filed, together with the
i'i turns from each precinct, in the office of the court of sessions/"'* 1 hi
lSoo the last phrase was amended to read "in the office of ihe county
clerk. " : In lSlil an important amendmenl was adopted, providim:
that the returns should be canvassed by ihe hoard of supervisors and
the detailed statement of the result entered by (he derk upon the
records of the boa n\.' r '
I'd. ( '..ile i 1 :• I r. i. s 1'"''.. i , / :,, ,,,
Stals. I.V.'i : KM it sr (i.
Col'XTV ARCHIVES OF CALIFORNIA.
hi 1m;:; the law was fiii't h<M* amended l>y a requirement that the bal-
lots, instead of being destroyed, sliould be strung on a thread or cord
and enclosed with the returns sent to the county clerk. This enabled
the hoard of supervisors to recount the ballots in ease any elector so
demanded. The ballots were to be kepi by the clerk at least six
months. :;,; In the following year a record of challenges and oaths
administered was required to be kept by the election officials and in-
cluded with the election returns, but this law was repealed two years
later." 7 In l>»if> an amendment required the election board to keep,
separate from the poll list, a list of voters, containing the names of all
who vofd. numbered consecutively on the left and with the poll list
number placed to the rigid of each name. This list was to be included
with the returns sent to the county clerk. 3s
In 1>72 the election laws, with sonic amendments, were incorporated
in llm Political Code adopted that year. These changes were as fol-
lows: The ballots were to be sealed up in an envelope separate from
the other returns, but otherwise sent in as before, and to be kept,
unopened, by the county clerk for twelve months and then, if not
required by court actions, to be destroyed. The returns sent to the
county clerk, under seal in charge of a member of the election board
selected by lot. were in include the copy of the great register (which
had now taken the place of the poll list upon which the names of
those voting had been marked, all certificates of registration received
by the el ■ction board, the list of persons challenged, one copy of the
lisl of voters and one copy of the tally list and list attacked thereto.
As vinii a^ the returns were canvassed the clerk was required to take
lie ci py of ihc reeis!> r returned and file it in his office.'"'
These provisions have remained in the code and are the present law
ce ; i e! ■ction returns, except as herein noted. In lsiif)
and l' :: 'i amendments wen- adopled which require that the election
-• , outside of the polling place a copy of the result of the
Vi t e«. i-ast . and t ra nsinb one copy of 1 he same, unsealed, to the county
. ti> be !<i it open t,i public inspe.-t ion. 1 " In 1>D!) a provision was
■ ' any person desiring to vole shall write Ins name and ad-
r : ; ' iiuabh- 1o de so. have it writlen for him i on a roster of
i.t i for thai purpose, and in li'iio a new seelion was added
: o th . ] ■ which requires that the roster of \d1 ■■rs shall be sealed up
n\ ■ ud sen* . in 1 he sa nm ma liner us tic other re-
'o t inl\' ch-rk'. who shall o; en ail the rosters of voters and
! ■ : iih iispei t ion i'or one vea r.' 1 In 1 !*1'! il was
THE CLERK. 39
provided that the list of voters, tally list, etc., theretofore required
to he retained by the inspector, shall be senl to the county clerk and
by him kept open for public inspection for at least six months. 4 -
in a few of the counties are to be found election returns for the
early periods. In Humboldt County especially they have been pre-
served Tor the years 1853 to 1872. Since they contain the names of
voters in each precinct as well as the number of votes cast on each
issue they are of great value. During recent years the election re-
turns have ceased to be considered historical records and are kept
only for a brief period for use in case of dispute. The Minutes of the
Supervisors contain the result of the canvass of the ret urns and. in the
absence of the returns themselves, constitute the most valuable record
in reference to these matters.
Certificates of Nomination and Nomination Papers. These are
temporary records and it is sufficient to consider them very briefly.
Beginning with 1891 it is required that certificates of nomination made
by conventions and nomination papers, including those filed for the
purpose of getting the name of a candidate on either the primary or
general election ballot, shall be filed, in the case of county offices.
with the county clerk, who shall preserve them for two years and then
destroy them. 43
Verification Deputies, ruder the Primary law, since 1909. signa-
tures to nomination papers have been secured by what are known as
"Aerification Deputies."' These are persons appointed by a candi-
date or his proponents according to form prescribed by law. The
document by which such verification deputies are appointed shall be
filed with the county clerk'. 11
Record of Nominations. The Primary Election law of 1911 contains
a provision that the officer with whom nomination papers are filed
shall keep a record in which he shall enter the names of all persons
filing the same, the party, if any. and the time of filing. An amend-
ment approved January II. 1 0.1 G. says that he shall enter the names
of every person presenting nomination papers for filing, the name of
the candidate, the title of the office, the party, if any. and the time of
tiling. 45
Record of Delegates Elected to Conventions. In the general pri-
mary law of 1897 a section is included providing thai the clerk mils',
in a propei' hook, record the names of all delegates elected to conven-
tions, with certain data in reference thereto. In 1S99 this provision
was incorporated in the Political Code, hut in 1901 was repealed.' 1 ''
"Stuts. I Mil : in;, , / ,s, ,,. ; | :>(>:> : i;:ij , t , v , ,,. ; i :■ i | : - ,, :i , / , s . ( ,, ; \\> ]:'.:]:;', :i , t s, ,,. ;
i;m:. : Mr,.
"Primary law. StatH. I!mi:i, |:<ii. |:ii.'! Sec r>
'■"'Stats. I'M 1 : 77i> ; I !U (i i rxtra s'essien) : \ C
"Slats. ISilT : n. r > ; 1 S!l<l : IV r / ,v, ,, ■ i ;i(i j ■ i; n ,;
4<> CDTXTY ARCHIVES OF CALIFORNIA.
Other Election Records. In addition to those here described there
are many others of more or less importance. Their names, however.
in mosl eases indicate tlm nature of their contents. Anion" these
should he mentioned maps and descriptions of precinct boundaries,
the record id' ofticia.l hallots. record of election officers, statements of
ea ndidat es ' expenses, etc.
In Xapa County was found a ' ' Register of persons voting and
when." covering the years L s 7b'-l s 7>\ This is an interesting record,
showing' I'V means of columns, extending across double pages, the
registry number, name of vote] - , age. occupation, citizenship (native
or naturalized . residence, precinct voting in. with columns to show
the record of the vote for a period of six years.
MARRIAGE AND PUBLIC HEALTH
Marriage Licenses. The Civil Code i March 21. W2 first set down
the requirement of a marriage license preceding the performance of
the marriage ceremony, section <i() of which provided that the parties
wishing to be married must firsl obtain a license from the clerk of
the county court sin > w i i i u- : 1 the hb-ut by of the part ies : 2 ) the real
and full names and places of residence : .] thai they ai'e of sufficient
age to he able to couseiil to marriage; 4 that if ill" male is under
twi nty-oiie oi' the female under eighteen, thai the <M>nsen1 of the par-
ent is ei\'en or that the party had been married before.
Two unimportam amendments were made in this section of the
code' 7 bei'oi'i' lHO.!. when it was more thoroughly revised.'" ft is
now required thai the applmanl must sh -! oalh the facts de-
manded in the earlier law. while marriages between certain races, or
the marriage of ' r . ; ' ^ ■ ' • i ' ■ s. im i ■■ : rsons or persons under the ini'u-
ciice of iutoyjeants are forbidden/
Tin !••• is ne 1 1 1 1 i i'i iweij h\ all ' he ch-rks in reference to
marriage record-., liy >ome the stub hooks, from which the license
; ; - : • en d.-tae] -i\. ; I'e e ;l refulb pf'sel V < d. ! • r, t ot hel - malm li
al'-mpl to |ir-s,-r\T i ',.-:.;. Many but not all i-main tlm afiidavits.
T!|e i;|;i |'M ;I <_»•, |- ,. ,. ,, | ■,} S ] ,; ,■ | I |', I'lll'l' ||1V |li|V Sill \ S f a : 'l HIT.
Record of Medical Certificates, The ;jr-i of a series of acts i-egard-
' he [ . ! I I ' I I . * ft lie |l M,|,le of 1 I. e -'■,-;.,;,• ,.,| A ] >1"! 1 o.
1 s , ' ' ' >!|lt-' hilil'il iJ' I'Nilll ll" Were 111 gl'a 111 1 1 1 "1 1 1 ■ -;; 1
■ • ' •;■ es i o siirh i i,-im itiv a - v. " 'ilia lih'-d in j iraei me inedieinc.
""■ - ■ ' ' ■ ' ■ i-e t o be record' 1 in 1 he oi'iice oft he county ch-rk
ad hi- pram ice : a M d for t h is
THE CLERK. 41
purpose the clerk was to keep a hook which would contain a complete
list, of the certificates recorded by him."" 1 In 1001 Ihis acl was re-
placed by a new law providing for a board of medical examiners but
prescribing for the county clerk duties similar to those previously
required. 31
Register of Dentists. On March 12. 188."), an act requiring the reg-
istration of dentists was passed. A board of examiners was created
to pass upon the qualifications of applicants and it was made unlawful
for dentists who were not already practicing to begin practice without
first obtaining a license. Practicing dentists were required to file
their names [\)v registration with the county clerk within a period of
six months, and all new applicants who had been granted licenses
wore to register before beginning their practice. For tins purpose
the county cleric was required to keep ;i book to be known as the
" Register of Dentists," An amendment was made to the act in 1808,
and a more complete change in 1001. but neither affected the manner
of keeping the clerk's record. "'-
On March 20, l!Mi:!. further changes were made, among them being
the requirement that the applicant give his name, age, office address
and number of his license; and in addition file an affidavit that he is
the party mentioned in the license. The affidavits were also to be
placed on file in a bound volume/' --1
Register of Osteopaths. On March 0. 1001. the State Board of
Osteopathic Kxaminers was created, with power to pass upon the
qualifications of persons applying for osteopathic licenses. These
licenses were to be recorded with the county cleric in a manner similar
to oilier medical licenses in a book known as the ""Register of Osteo-
paths."" 1 On March 14. 1007. the State Hoard of Medical Examiners
was reorganized to include members of the Osteopathic Association
and to them was given the power to grant licenses to osteopaths.
The clerk wa.s required lo keep a record of all certificates filed with
him. These are kept in the same volume known above as the "Reg-
ister of Osteopaths.""'"'
Register of Optometrists. On March 20. l!)()."b the California State
Board of Examiners in Optometry was crealed. Certificates were to
be granted by them to persons qualified to practice optometry. These
were to be presented to the county clerk for record and placed in a
record hoof; provided especially for that purpose. - :
Register of Pharmacists. The State Board of Pharmacy was
created in 1*!)1 bul tin 1 law required no records of licenses to be kept
Wn •:. 1 -~s.-. ; n H : 1 ve: :7n ; run : :.i; 1.
Wo.-'. I !nO : i i ■:
■ ■,,.;; i'-.'s/: !:u:l ;1 1 i"m 1 1 m
■12 Col/XTY ARCHIVES OF CALIFORNIA.
oilier lhan tliu.se of the hoard itself until l'JOo, when another act was
passed which provided thai 1 1 1 « - county (dork keep ;; record of certifi-
cates granted by the state hoard in ;i manner similar to other medical
eerl ificales/' 7
PERTAINING TO PRIVATE BUSINESS CONCERNS
Articles of Incorporation. All the laws regarding corporations
have required the iilinu' of the articles of incorporation, hut before
1*72 tlmiv was no uniformity as to ihe place where they should he
filed."- In the majority of cases they were to be filed in the office of the
ci unty clerk, but in some instances it was required that a certified
copy should also be filed in the office of the secretary of state: while
in other cas--> the original articles were to be filed in the office of the
secretary of state.'' 1 ' In a few cases the articles were to be filed in the
of the county rec-i >n ler. r ''
In 1 N 72 the corporation laws were codified in the Civil Code and i1
was provided that all articles of incorporation shall he filed in the
oilier of the eouuly clerk of the county where the business of the cor-
poration is to be transaited and a copy filed in the office of the
secretary id" state. r;1
The>e artb-les of incorporation arc of greal value to any person
interested ii) the history of any incorporated body such as business
companies, chun-hes. fraternal societies, private schools, etc. They
usually contain a statement of the purpose of the organization or its
const it in ion and by-laws, the names of its directors or officers, if not
its whole mi-mbei ship, the date of organization, and other information
of this ehara<-ior. In many cases later documents are filed or recorded
"dn \ ini!' ch;i];^i s in officers and contaiidim' financial and statistical
i-e| oris. .\> a u-ual ihin:r die original articles are filed, although in
soiia- !•;•- ■- ' : ;. •'::'- full into a record hook. An index
to corpora^ i i almo^i o,\ ariably a ceo mpa ides these articles.
~s Rural Cemetery Associations. In ! ■">:' a law was passed providing
'he or<-/e.o'/; tioi: oi' -lodi as^oeia 1 ions. The ofticers were required
■k a ert iucale similar to articles of incor-
■ ■;>•)• v hi ; rlilicaie ihe i-lerk shall record "in a I k appro-
!••■ ordi'm' of a r't ]■■] s of incoi-pi .r«i1 ion. "'■-
and Si rety Companies. In 1 '.'< >7 an amendment to the Politi-
: m e.iiini;. • 1 < ■ rk [i as one of his records a
'u ! ,] "I'.ond ami Sol-civ ('ompaldes." the pa yes of
THE CLERK. 43
which must be divided into columns lor entering the name of the cor-
poration, name of state, territory or country under whose laws it is
organized, date of the certificate to do business in this state, date of
surrender, revocation, etc., of such certificate, date of new authority
to do business. 1 "' 3
Firms Under Fictitious Names. The Civil Code in 1872 provided
that on a change of membership in a firm continuing tin- use of a part-
nership name the person acquiring the right to use such partnership
flame must file with the county clerk a certificate stating the name of
each person dealing under such name and the place of residence of
each member. The clerk was required to keep a register in which lie
must enter in alphabetical order the name of every such partnership
and of each partner therein. 1,1 In 1874 amendments to the code made
these provisions more specific. It is required that every person or
partnership doing business under a fictitious name must file with tin;
county clerk a certificate stating the name and residence of each
member. The cleric must keep a register in which must be entered
in alphabetical order the name of every person doing business under a
fictitious name and the name of every such partnership and of each
partner thereof. 03
RELATING TO OTHER OFFICERS
In addition to those records that pertain to the duties of the clerk
himself, his archives usually contain many records of. or relating to,
other officers, which have come into his possession as clerk of the
county and therefore custodian of many documents and reports.
Federal Census Returns. The act of March -■">. 1850, which pro-
vided for the taking of the seventh and subsequent censuses of the
I nited States required that ''Each assistant shall, within one month
after the time specified for the enumeration, furnish the original cen-
sus returns to the clerk' of the county court of their respective
counties, and two copies. duly compared and corrected, to the marshal
of (he district.*'
Cor the census of 1S00 there were no changes made in the law. as
Ce- only legislation regarding the taking of the census was contained
in the appropriation acts. Before the census of 1870. an act was
passed amending the law of 1S.10 by extending the time for making
the reports and making a few 'minor changes. 1
Sine the census of 18.10 was taken before the counties of California
w-i'e fully organized il is but a natural consequence of the time that
none of t he reiurns of 1 hat year are to be found in I he county ;i re hives.
There are. however, reasons for disappointment in that not more of these
St;.-- |!.f,7 ; inr, : pel. < '<>.'■■ i r.H.V). i I I7v
■' 'i'-. i ■■>«].■ i i -Ti' i. S< L'-Uiri. U 17".
Ct»K- Amdts. ! v7:: | : -.-,:• | : Civ. Cod.' f1 !'i 1 ."> >, $5 L" I'lO 7".
I '. S. SI; its. '■) 1st fniii,'.. 1st ses.. i'h. 11 (IS, "0 ) ; i Isi Cuim-., Lid s.-s.. <"'li. r,d i I v7<> i
44
corxTY akchiyf-s of California.
returns for 1m;i) ;iiu| 1 -^ 7 : i have survived, for the former year, only
Del Norte and Vuba have preserved them; for 1870. Alameda, Hum-
boldt. San Kranciscd and Sania Barbara. The <jreat value of these
returns to ilie historical worker is too well known to require much
stress. An examination of the published census reports indicates the
wide ran ire of information trat In-red by the census marshals. It
si mild, however, be noted that these original returns contain not only
the facts shoAvn in the published reports but much more detailed
information as well, for in them the unit is the individual, not the
state or county.'' At the time of the census of 1881) a new act was
passed, section (i of which requires: 1 '"
'"Each enumeralor. immediately after complet intr the enumera-
tion of the population of his district and before forwarding the
same in tlie supervisor, to make and file in the office of the clerk
of the county court or in the office of the court or board adminis-
tering the affairs of the county to which his district belongs a list
of the names, with am-, sex. and color, of all persons enumerated
by him, which he shall certify to be true."
The laws for all the later censuses have omitted this requirement.
Three counties. Humboldt. San .Joaquin and Santa Barbara, contain
these lists. Since they a re lm-rcly lists of names they are of little
value as compared with the returns of the earlier censuses.
Humane Officers. Section lii)7/' of the Civil Code provides a method
for the appointment of humane officers by bodies incorporated for the
purpose of pre v,.)| i \ nU , . f cruelty to animals, subject to the approval of
the judu'e of the superior court. An amendment to this section,
adopted in i'.'lm provides that the county clerk shall enter in a book
led the "iv'-cord of Humane Officers." the name of every officer so
appoint^ d. the nun. in r of his hadim. name of the corporation appoint-
ing him. and dale of tiling' of the appointment.'"' While these books
are to be found in most of the counties, they, as a rule, contain very
■nl ries.
Justice Court Dockets. As the name implies, lids is a doekei kept
'■;. the j:Kli--e of the peace. Since tile law ih'CS not require dial all
ci Ul-1 dockets be deposited Willi tile eoltlltV clerk these rCcOl'ds
are ||..| jn be found in all th ■ <■<< unties, and even where they are found
lis , ll; i: complete, both as p-iranls th- period of lime and
■Ao:.- nl' tin i ! 1 1 \ i-ovei'ed. for the earlier years they have
to of erealer \'aliie historically than tin- records of
Other Records. Itv : .v tin- records above enumerated, a number
'ouii'l. for whose presence in the clerk 's
- • ■ :' ■
I tie < i ■ . • 1 ' i
THE CLERK. 45
office there seems to he no very' specific statutory or code provision.
Among the more important of these the following should he noted:
Notarial records; Coroner's registers; I'uhlic administrator's register.
and various other reports and account hooks.
Hi f'or\TY AIlCITIVKS OF CALIFORNIA.
THE RECORDER
GENERAL PROVISIONS
One til' the two most important record officers in tlie county is the
r.'coi dt'i*. for though lie docs not have the variety of duties and records
■ pel-lain to the clerk, his records arc just as essential in a well
ordered system of government. While the duties of the clerk are
largely administ rai ive and his records are accumulated as a result of
his iidministrat ive aclivity. tin. 1 recorder is essentially an archivist, his
i hii [" and only duly being to see that the instruments presented to him
are properly transcribed into permanent record books or otherwise
rifely file,!.
Since W>m. when the ofiice was created, the duties have gradually
iceii increased through statutory provisions requiring that additional
kinds of instruments he rc-i rded. The act which created the office of
county recorder, set forth his duties to he as follows:
"The IJeeorder shall have the custody of and shall safely keep
and preserve all the hooks, records, deeds, maps, and papers depos-
ited and kepi in his office, and it shall be his duly to record or cause
to li" re -oi-dcd correctly :
1st. All d Is. mortgages, releases of mortgage, conveyances.
deeds of trust, bonds, covenants, [towers of attorney, leases, tran-
.-ei-'ois of judgments, or other instruments of writing, whereby any
real estate is conveyed or may be affected, which shall have been
provi d or acknowledged according to law and authorized to be
2nd. All papers and documents found in or transmitted to their
r> spective offices, (if and concerning lands or tenements, and which
were re.-.'ived from the Mexican authority at the change of govern-
m -ni .
:!rd. All mari'iage contracts and certilicatcs of marriage.
4th. All coimnis-ioiis ;md official bonds required by law to be
■oi-deil in their ofticeS.
otii. .Ml transcripts of judgments from the District and
.! i--ti'-es" Courts which by law are mad'- liens upon real estate and
iter of r u'd.
(Mher ■ — lions provided that "the several clasps of instruments of
■ [ciiiii i iff 1 in the si vi r; I - ibdivision> of the preceding section
!h i-i 'one-d in >eparale book-, according to their classification
r To." ai It! in addition to th.' d noim mts above mentioned the
■< i Cr dioiihl al>o keep ;i -,-i of Pooks --for the registration of the
ife. ; I ivmi'i 1 all insi ruments in
relating lle-rdo. in 1 in- manner prescribed in this Ad for the
i- s red to be recOl'i led. ' " ;
THE RECORDER. 47
Since 1850 many other kinds of records have been a tided to the list
of documents authorized or required to he recorded, hi 1851 the
following five sets of records were specified in addition to those
previously named: Wills admitted to probate, mechanics' liens, notices
of attachment on real estate, notices of pendency of an action affecting
real estate, and notices of pre-emption claims. 2
At the time of the adoption of the Political Code in 1872 a list of
instruments which must on application be recorded was incorporated.
This list is practically the same as that adopted in the statute of 1851,
with the addition of the following titles: grants, mortgages of personal
property, and births and deaths."' The provisions of the present code
are as follows :'
"lie must, upon the payment of his h-cs for the same, record.
separately, in a fair hand, or typewriting, in large and well-bound
separate books, either sewed books or an intertable leaf, which
when placed in the book cannot be removed:
1. Deeds, grants, transfers, and mortgages of real estate, releases
of mortgages, powers of attorney to convey real estate, and leases
which have been acknowledged or proved.
2. Mortgages of personal property.
•'!. Certificates of marriage and marriage contracts.
4. Wills admitted to probate,
5. Official bonds.
6. Notices of mechanics' liens.
7. Transcripts of judgments, which by law are made liens upon
real estate in this state.
8. Notices of attachments upon real estate.
9. Notices of the pendency of an action affecting real estate, the
title thereof, or the possession thereof.
10. Instruments describing or relating to the separate property
of married women.
11. Notices of pre-emption claims.
12. Births and deaths.
13. Certified copies of decrees and ."judgments of courts of record :
and.
14. Such other writings as are required or permitted by law to
be recorded."
Realizing that the documents must not only be copied into books
but that they must be carefully and permanently preserved and also
made readily accessible to the public, the legislation on the subject lias
always specitied that the recorder shall keep "'suitable well bound hooks,
wherein shall be recorded in Fair and legible hand all instruments of
writing authorized or required to be recorded. "'' Other sections
required the keeping of an index to each volume of records as well as a
-Slats. 1S.">1 : 2nn -201.
•' I'd. Code C1ST2 ), S 42?,5.
( Pol. Code i 1 (<1 :, ) . S41 :',1 . 1- e\v references to acts of 1 '.<"! T and later appear in these
noP'S as the survey of the archives was then already nracticallv completed.
-Stats. l.s.'iO : 151, See. Z.
4S CnrXTV ARCHIVES OF CALIFORNIA.
gi neral index. 11 Since tin- indexes are so constantly Used by attorneys
and .searchers of titles they ai'e as a rule prepared and preserved with
as nnieii cafe as llie records themselves. Willi the changes brought
about through the invention of the typewriter and inscrtable leaf
record hooks the statutes were modified to permit the use of these new
forms. 7
PRE-STATEHQOD RECORDS
from the historical point of view the most interesting documents
in the archives of the counties are ilri.se dealing with the period before
the formation of the slate government in California. Since these are
unique in character and are of such greal value they have been listed
M'parately in the main body of this report. While not all of the
volumes or documents listed as pre-statehood records are to be found
in the oftice of the re -order, t lie greater pari of them are so located: it
is therefore appropriate that they be considered in connection "with the
records of that office. They may be divided into four classes: the first
two divisions, which are almost entirely in Spanish, contain records
relating to the Spanish and Mexican periods: the others for the period
of conquest. lS4(i-1S4S: and the gold era. lS4t)-18-)0.
Early Spanish Period. Fortunately there have been preserved in
our local depositories records pertaining to that period when the first
Kuropeans took possession of what they then called Alta California.
Although but fragments of the original great body of records, they
nevertheless constitute a most valuable .source of information regarding
conditions and events during that nm-i distanl past. The great bulk
of the official Spanish manuscript documents relating to California,
which came inlo the possession of the (nited States upon the transfer
of sovereignly from Mexico, were placed in the custody of the t nited
Male-, sun eyor-geiieral. hound in some three hundred volumes, and
housed iii San Krancisco. I'n fori luialely the greal lire of liJOli des-
troyed all hip aboul a .score of these volumes and left the remainder in
■I condition which renders them almost incapable of use.
liofniv the disaster which so nearh wiped mil 1 he archives of the
surveyor-general, a portion of the documents had been returned to the
separate counties. With the loss of the general archives the importance
these smaller, less complete collections has been increased. The
. i.f | his c -in mission have shown thai records of this character
!o he fm 1 1 i iu' the archives of several id' the counties and cities.
largesi ; : mbtedlv the must valuable of the local colleetinns
n t he archives of the recorder of Monterey County. This col lec-
tion consists of sixteen volumes of bound documents dating from 17S1
IT 1 '
THE RECORDER. 49
to 1850. In most cases these are the original documents and were
liouiid while in the possession of the surveyor-general. They include
tlie official reports of the local Spanish governmental and mission
authorities, letters, addresses, proclamations and records of petty court
proceedings. Since Monterey was for many years the capital of Alta
California these documents doubtless contain much wry valuable
information. In the county archives at Santa Crux are to be found
somewhat more than five hundred original documents covering the
period from 17i)7 to 1845 similar in character to those just described.
Search in the other county archives met with disappointment, for
in many, where it was expected that Spanish records would be located.
nine were to he found. In some places, however, a search revealed
documents of a similar character in the city archives ; this was especially
the case in San Jose, one of the old pueblos of the Spanish regime. In
the vault of tin' clerk, of that city were found six volumes labeled "San
Jose Archives." These contain original documents dating from 1T!)2
or earlier down to the end of the Mexican period. The unsystematic
manner in which the documents were hound prevented anything like
an accurate description of the range of subject matter or dates covered
in these volumes, except by a more complete examination than was
possible in this preliminary survey. That these collections of doc-u-
ments will prove most valuable to the student of Spanish provincial and
local history there can be no doubt.
Mexican Regime. As might be expected the records relating to the
pei'iod of Mexican control are much more numerous and varied in their
nature. These documents may be grouped into two general classes:
First, those relating to land titles: and second, those which w^'Vi^ formed
as result of the administration of the government. The former are
more widely distributed among the counties, but the latter are more
varied in their character. The two most important collections of rec-
ords relating to this period to be found in the local archives are in
those of Los Angeles and San Francisco. In Los Angeles, one volume.
"'Record !>ook A." contains alcalde documents covering the dates
following HiM. Accompanying it are volumes of documents relating
to the prefecture of Los Angeles from 1834 down to the American
period. \\ it 1 1 these are other documents apparently of more local char-
;e ter which are In the custody of the clerk. In addition to these records
in the county archives, there are other volume* for the same period in
the archives of the city, among them being minutes of the ayunta-
niiento. hind petition* and hnancial records. In San Francisco the
number of records extanl for this period is greater than in Lo* Angeles,
although it is doubtful that they ar- as important historically, since
they relate almost entirely To land titles and maltei's of a local nature.
7)0 COT'X'l'\ AKC'HIVF.S OF CALIFORNIA.
Other records in Monterey. Santa Clara. Santa Cruz. Sonoma and else-
where den] almost entii'ely with land titles during these years. In
contrast to llie-e land records which may appear to he more or less
uninteresting is a hook of unique character in the archives of Monterey
County, namely the "Record id' Official Acts of Thomas 0. Larkin."
Although the record itself is short, it gives an excellent idea of the
varied nature of the duties of Larkin as consular agent of the United
Stall's government in California. 'Alien it was still under control of
a foreign power.
Period of American Conquest, 184G-48. Records dealing with events
during the period of the conquest of Alta California hy the United
States forces are to he found in the archives of Los Angeles. Monterey.
San Kraneiscu and Sonoma, the chic!" centers of interest during those
years. In Los Angeles and Monterey these are in the form of docu-
ments hound together with those of the earlier regimes: in San Fran-
cisco and Sonoma, on the other hand, they are more voluminous and
■ tain their identity in separate volumes. In San Francisco the
gieater par 1 of these relate to land matters, being either the register of
property acquired under the Mexican government, or the record of sale
hy the local al aide i r magistrate, as in the case of alcalde grants and
the sale of hi a.'-h and water lots. Bui there are some miscellaneous
records whmh contain items of more than common interest and an
occasional look of peculiar character, such as the ledger of Alcalde
Barih'tl for the \ i I^Wi-4-7. whhdi appears to he a full financial
report of the r hp:< and expenditures of the local government for
4 h;s period. The Sonoma i-e.-oi-ds are of interest in view of the
importance > I' ihal pb ■■ ■ as a setih-menl and ,,f the part taken hy it
and it> in] ahiiani- ,j iriim and foih wing the Bear King revolt in June.
IH^. Tla y c n>i-t of a .;.. -T-i of t he .j ust ice Com 1 at Sonoma. August.
!*4ii Apr:!. 1M7. ah-ahf ■ >. land claim records and deed hooks.
The Gold Era. 1849-50. Tin- era of the conquest was quickly
lis> ov, r; if -old ! lie ri -ullanl influx of |>opulatioii.
The •,;.;.- I ,| ■ : : ;\ , ■ . s|i •' r i . file haialiee beillL! dlifleil rapidly ft'Om
' ■ ' old eas\ -g.oULi Spaidsh wa; of lining to 1 lie more aggressive Anglo-
>a\i : . .\s a -on . mniv of the records show no
lilll ;' ' he state coiisth ution in 1ST!)
'o."i - f ■ -a! mvrrnmeiii ■.■ ei ,. not ch an Lied from 1 he earlier system.
The io'-a ds dur iiLi lid- period are therefore most interesting
,\ nn-ricans took control
- I ! Si it Hi jollS. espeeia I 1 V 1 lie oftf-e
i e r: of ;'u-si in tan ■ ■. ho1 h of whieii were essentially
anvil _ n the Anglo-Saxon form of gov-
■ • i - he alcalde w <■)■<■ e\t ciisive and to
tiii: RECORDER. 51
some extent autocratic. The following description of the alcalde is
well illustrated in the documents in the county archives:
"Studying his multifarious functions, we discover with admira-
tion, not unmixed with awe, that one and the same person was
often supreme judge, clerk of court, town-constable, sheriff,.
recorder, treasurer, justice of the peace, land-officer, government-
agent in land deliveries, superintendent of roads, town hoard of
health, hoard of school-trustees, arbitrator in petty disputes, gen-
eral advisory hoard for young and old. and even, near the coast,
judge in admiralty to pronounce upon all marine eases.'" 1
Although the records of many of these interesting officials have
doubtless long since disappeared, there are preserved in the county
archives dockets, ledgers, and other records originally belonging to the
alcaldes. r J die counties in which alcaldes' records have been found arc
as follows: Contra Costa. LI Dorado, Marin, Monterey, Napa. Sacra-
mento. San Francisco, San Luis Obispo. Santa Clara, Santa Cruz,
Sonoma, Sutter, and Yuba.
The records of courts of first instance are found in many cases to
accompany the records of the alcaldes. In Los Angeles and Santa
Clara they date from 1S47. but in the other eases they are for the
period following September, 1S4!). when by Governor Riley an attempt
was made to put into execution the full form of government as pre-
scribed by the laws of Mexico.- These arc to he found in Sacramento.
San Joaquin and Solano counties.
RECORDS RELATING TO PROPERTY TITLES
[ nquestionably the most important records to be found in the office
of the county recorder are those relating to property titles. Since it is
recognized that the security of the title of property depends very
largely upon its being recorded in the proper manner, practically a
full record of property transfers is to be found in these archives. Cor
the convenience of this discussion the records ['elating to the title of
properly have been subdivided into three classes: first, those dealing
with the acquisition of the original title: second. thos< relating to the
transfer and encumbrance of property: and third, miscellaneous prop-
erty records.
ACQUISITION OF ORIGINAL TITLE
Land Claims. bYom the historical point of view those records
which relate to the original acquisition of the laud are of ureal value
in showing the beginnings of sell lenient in a new region. In those
parts of the state that were not covered by Spanish and Mexican land
'Shiim, Mining ramps iXi-w Votk, I SST. > . pp. Lit:! 101.
-proel.-miaticin ol' June ::. IS tit. Ifonse oxt.><\ dors ' :! I si runt; Isl srs \o 17,
pp. , 7 , , VS.
■ )'l n ir.\"i v vi;ciiivi:s of < u.ifornia.
grants this j > r - : . - 1 - - — is shown in the records of claiius for pre-emption or
p .^i'>Niii-y rmhts. school lands, and swamp and overflowed lands.
Although i!i'- public lands of ('alifornia wci'c not open to pre-emption
under ill'- federal law uniil 1 >.V>. tin' legislature, as early as April 11,
I'^.o. pas>i-d an a <•! reromiizinji - the ritrlit to title of any person occupy -
in>j or s.-nl ini; upon land belonuiipu' tu the I'nited States. 1 Since
I s ."")] the I'ci'uiih-i' has li'-i-n required tu keep a separate record for these
pre-empt ion or pn-sess,',) y claims." 1 >y lilllliel'OllS federal enactments
hind- had been ceded In the states for educational and other purposes.
Thruimh these, ('alifornia came to control a very lartrc share of that
pan i i tie- public domain which lay within its borders.' I>y a law
adopted Ma\ '■',. \<>'2. it was provided that the state school lands should
isjn sed of by means of land warrants, which were sold to individuals
. 1 »* i ! ■ ' d tie in up in unoccupied government land. The owner of
tics'- ,ei;o .J laud warrants selected the amount due him through the
- [nix -lii-veyiir and the action was entered in the record of school
- i r -cho ■! la id surveys. This system of laud warrants was found
nnsat i-t'aci -,r,v and after i s ^i s the law was repealed. The state school
Is ;■•]■•■ the' located and sold by tin- state a.»ents in a more direct
Swamp and Overflowed Lands. The swamp and overflowed lands
la- state b\ hie act if September 2S 1>.>ii.' were first put
s, : 1 n .",,",. ;| ,. survey of tile land beiilU' made by the county sur-
■ ■■ ■ ■ of tin- applicant. Tic- record of this survey.
mi -tii " wit! h i] ' to the land, was filer] with the county recorder.
Spanish Land Grants, in those •ounties wlc re laud was held under
or .M. xi
in- -ss ol acuinr
•r\ d. i i't '■!■'■: i * . The basis of t he claim in 1 hose cases was ' :
u'sii U- \!e; ;e; n j'',:.:'. In I ; t ; 1 1 ! \ cases 1 1 J< original "Taut. fo-U'thel
_ e\j - • iwiiiL! how t he era ni Inn I been acipiir>-i 1
pr. s ■; \ , 1 1 ■ • ■ -. s, Anioim ■ 1 he vol nines listed as pre
Is ; ■ • ;'ound 1 1 1 ; i ! i \ books and documents w hie!
•\ ii I ia-s, , ; , |-|\ is, I n ot her cases t he era uts a n
'atents. A I ' ih' I" d is based primarily upon the patent oj
d Slates -j ,.| t and w as sold direct |v U
' h i ■ o _: ! i
■i '!
tier
at nts. 1 ins record contains :n
i - leel her w ith 1 la- pat- U1
■ ■
< '.
TllK RECORDER. .").{
grant ing the land described to the patentee. In the case of the old
Spanish ranches the patent is usually accompanied by ;i history of the
grant under the Spanish and Mexican regimes. They arc invariably
a -cempanied also by ;i map of the rancho.
Mining- Claims. Of ;i somewhat different nature and yd closely
related to real estate titles are the mining and water claims, for in
them the person acquiring title secures only the right to use the land
for a certain specified purpose. The mining records are l\v far the
mere numerous and on account of the unique position of mining in
early California history also the more interesting historically. The
record of mining claims usually contains a notice setting forth the
name of the claim and that of the locator with date, size and descrip-
tion. In seme of the leading mining counties these are entered in
separate books divided as to quartz claims, placer claims, etc.. with
further titles for other kinds of mining records. In the counties less
given to mining the rec< rds are more simple if they are found at all.
Special attention should be given to the mining district records.
These are of ureal historical value, since they show not only the extent
of territory covered in the early days of mining operations but also the
ideas these rugged pioneers had of law and government, for each of
these mining districts was to a la rue extent a government by itself. The
miners met, outlined the boundaries of the district, and determined the
manner in which claims should be acquired and held. Most of these
district records were kept only by a district recorder and in probably
a large m-ajority of cases the records have Ik en lost. In some cases the
mining district records, together with filings for claims in such dis-
tricts, were handled by the county recorder as a part of the county
records. In these cases they were recorded in hooks devoted entirely to
mining claims or are to he found in Deeds. Miscellaneous Records, or
similar record hooks. By a law approved March 27. 1SD7. all mining
dist rid recorders and custodians of records of the several mining dis-
tricts in the stale were required to transmit to the county recorder all
reci rds of the district, the recorder being c msidered the legal custodian
of such records. As result of this act many district record books have
been deposited with the county recorders, bm ii is \ory probable thai
many of these lecords are still outside of the count \ archives.
Water Rights. Records regarding tin appropriation of water
lights begin with the adoption of the Civil ('ode in 1S7l\ it being pro-
vided in section 1-4-1 o of that code thai a person desiring to appropriate
waler mu-1 po»1 a notice al the point of inlemied diversion, stating his
claim to the water to the amounl desired, the purpi -e for im d
and the phi f intended use. ;! n<| ;| lr means l>\ whieh he intended I
divert it. i igether with a statement id' the <]/.<■ of the ibuiie or nine.
.14
COrXTY ARCHIVES OK CALIFORNIA.
Within li'ii days after posting llio notice by the claimant he must pre-
sent a copy (if the same to be recorded by the recorder of the county
within which it was posted." This the recorder was required to record
in a volume kept for that purpose. Appropriations of water are now
u'overned by the act of August 10. 1!)13. which created the state water
commission. This act made the process of securing water rights much
inure complicated and there have been relatively few rights recorded
under its provisions. 7
Oyster Beds. An ad of April 28. 1S51. permitted the planting of
oysters in any of the waters of the slate below low water mark, if there
was not already a natural growth of oysters there. Natural oyster beds
were nol to he staked off. Xo one was to he permitted to enter any
waters marked off as oyster beds, provided these did not impede the
free navigation of the streams. There was no requirement That the
location of tin so beds be Hied with any official." On April 2. 1866. an
act was approved which permitted the discoverer of an oyster bed to
appropriate the same to his own use and benefit. Within ten days
after the discovery he was to stake off the bed and file a description of
the same in the county or counties wherein it was located." The
; lovisions of these two acts were embodied in a new act passed March
.'in, 1S74. entitled "An ad to encourage the planting and cultivation
of oysters." This act permitted any citizen of the Tinted States To
lay down and plant oysters in any of the public waters of the state,
I roy'uled 'hey did not thereby obstruct navigation. The locator was
to display a ci nspicuous sign marking the oyster beds, and to stake
o!l and fence The lands used ['or this purpose. Kill! description of the
bed was theii in be filed with the recorder in The county wherein The
bed was loealed. The recorder was then to record the same in a book
Hi il led " liecoi i| hi ( Ivster I leds. " ; "
TRANSFER .AND ENCUMBRANCE OF TITLE
Deeds. The transfer of properly may be made either by voluntary
;UTeeinej;i en the part of the former owner or it may be done by legal
:<i -s. Tin s ■ documents that i fleet a p Tinanent transfer of property
■y ;iiri eeoieiil of tlie foi'iiier holder of the title a I'e usually known as
a i i!s. conveyances ;',,,• iv;d estate, or bills of sale for personal property.
IP far the Host exteiisivi series of volumes to be found in the
ecordej-'s [ fl'p-e ; s | ha I devot. d to the recording of deeds. It is also.
'rem wan;, eveiy standpoint, the most important, and consequently
insi tant ly referred t<>. Kor these reasons greater attention
en >:i\,ii b\ ..t'tieials to the deed books and thev. together with
THE RECORDER. 55
their all-importan1 indexes, are practically 7 without exception in good
usable condition and well cared for. it is to be noticed that in several
counties during the first few years the different kinds of records were
not all segregated into separate volumes, but were recorded together
in a book labeled simply "Records." When, finally, different books
came to be used for different kinds of instruments, these early volumes
of Records were generally numbered as the first volumes of Deeds,
since deeds composed the greater part of their contents. The result is
that many of these early i.\fn\ books might more accurately be described
as Miscellaneous Records. At all tunes the term Deeds has been used
in a comprehensive sense to include all instruments by which title to
land is transferred. In recent years il has become quite customary to
put deeds of trust into a separate series, and in many counties, par-
ticularly where the quantity of records is large, it is usual to devote
certain volumes of the regular deed series to special kinds of deeds —
trust, reconveyance, mining, etc.. for which frequently printed forms
are used — and to use form books numbered in the regular series for
deeds executed by certain land companies doing a large volume of
business.
Wills and Decrees of Distribution. When transfers are made by
bequest the documents relating to the change in title may be found
in the records connected with probate proceedings. In those cases
Involving the title to real estate the record is kept in the recorder's
office in addition to the record of the probate- court. Forty of the
counties have separate volumes entitled "AVills" or "Wills admitted to
probate." There is also to be found in the archives of the recorders
of about one-third of the counties a separate record known as Decrees
of Distribution or Decrees of Partition containing a copy of probate
decrees by which an estate has been divided among the heirs. In about
half the counties a separate index is kept for these documents, although
the decrees themselves are recorded in books devoted to deeds or
miscellaneous records.
The Torrens System. By an ad approved March 17. l£!)7. what is
known as the Tori-ens system of certification of land titles is provided
for in this state. With the exception of a fev counties, notably Los
Angeles. San Diego and San Francisco, land owners have not \-ry
generally availed themselves of the provisions of this act. The law
provides that the recorder of each county be the registrar of titles for
that county. Land is brought under the ad by the tilinu with the
clerk of a verified petition to the superior court by the owner of amy
state Hi 1 interest in such land. This petition must contain detailed
nrmate n necessary for the establishment of the title. The clerk is
I'eipni'ed til . lefiive ej; this pi lith'11 til ' e\;iet time i > |' its presentation
ind eliler il iii a i k kept t'< - r that uuP'ose ;in<| known as the Land
:>(i
COl'XTY ARCHIVES OF CALIFORNIA.
Register Docket. This petition ; s examinee! by the court and, after
pioper notice has l)een driven and published. ;i date is set For ;i hearing.
nt which time all interested in the land in question may appear and be
heard either For or against the granting of the petition. At the con-
clusion of this hearing action is taken by the court. If the petition is
granted a decree (if the court is issued setting Forth the Fact and
including a description of the land and a statement of all liens and
incumbrances upon it with particulars of the same.
I'pon the filing of a eertilied copy of this decree the registrar is
required to issue in duplicate a certificate of title, the original to be
kept by the registrar and the duplicate given to the owner. The reg-
istrar musl keep a book called Register of Titles, in which he must
enter all original certificates of title, in the order of their numbers,
with appropriate blanks for the entry of memorials and notations.
Each certificate with its accompanying blanks shall constitute a sep-
arate Folium of such hook. All instruments, notices and papers required
oi' permitted to be filed in the office of the registrar shall be retained
and kepi in the office and removed only upon proper court order.
Certified .copies may. however, be made. When registered laud is sold
or otherwise transferred, a new certificate is issued and the old one
canceled.
Resides the Register of Titles, the registrar is required to keep two
indexes: il) A Property Index, with panes divided into columns for
entering the section or subdivision, range or block, township or lot.
and any other description necessary to identify the land, the name of
the iegistei-e<| owner, the volume and page of the regisler in which the
land is registered : 2i a Name Index, divided into columns showing in
alphabetical order the names of all registered owners and ail other
persons interested in or hohkng charges against registered land,, the
nature of the interest, description of the land, the volume and patre of
the register in u Inch the i ind is registered. The act requires the use
< f a uniform system of books, blanks and Forms prepared by the
a I !nrne\ -nvtiera I. stal e cent roller and secretary of stale.' 1
1 1! I'M") i his law was superseded by a not her initialed and adopted at
November eh -ei inn. The neve law. ms simply a revision of the
ail of ls!>7. removed some oh;eci ionable features and introduced some
new F-a lures with the result thai the system is much more attractive.
'Mi' 1 tv.'i! in. st important cha litres may be noled \r\-y bt icily : i 1 doing
iu in i bers in' cases wit h t lm requirement Foi' a bst rai-ls and
•> in plans M f surveys: ii tie provision for a "Torrens
' ' e ;is-,i|i'aii'"' fund. ' which is in effect state title insurance for laud
THE RECORDER. 57
Leases and Mortgages. Temporary transfers or encumbrances upon
property are made by means of leases and mortgages. The nature of
both of these is so well known thai they require no explanation here.
Practically all the counties have separate sets of records for each of
these classes of documents. In the case of mortgages there has been an
increasing tendency to differentiate those relating to real estate from
chattel or crop mortgages.
Although mortgages on personal property have been permitted since
the first session of the state legislature, formerly they were very much
more limited than at present. 11 By subsequent legislation the early
restrictions placed upon chattel mortgages have gradually been
removed. By the act of May 11. 1853, certain personal property mort-
gages were declared to have the same effect as mortgages upon real
estate. The kinds of persona! property specified, however, confined
the mortgage to possessory claims to public lands, buildings and
improvements upon such lands, quartz claims, and such other personal
property as was by its structure fixed to the soil. 1 ' 1
On April 20. 1857. an amendment was passed enlarging the list of
personal property subject to mortgage and since that time many acts
have been passed with the same purpose in view. 1,1 1'pon the adoption
of the Civil ("ode in 1872. the list was incorporated into the code with
some additions, the most important being that relating to growing crops.
It was also at this time provided that mortgages of personal property
iiiusl be recorded both in the county in which the mortgager resides
and in the county in which the mortgaged property is situated, or to
which it may be removed. This requirement is still retained in the
code." 1 In practically all the counties chattel mortgages are given a
separate set of records. In about a dozen counties crop mortgnges are
placed in separate volumes.
Releases, Satisfactions and Assignments. Releases and. satisfac-
tions of mortgages and leases are usually recorded in a sel of volumes
different from the mortgages and leases themselves: however, upon this
point there is no uniformity. About one-half of the counties have a
sel for the releases or satisfactions of mortgages, while about one-third
include both mortgages and leases in the same record book.
In practicalh ail of the counties a separate volume is kept for the
purpose of recording assignments. In genera! these are entitled assign-
ments of mortgages and lease-,, although they frequently include assign-
ments of agreements and judgments as well. In 1872 the Polilica! Code
provided thai an assigiiineul of a mortgage might be rec srded. in which
ease the record became ;i no! ice to ;ill persons subsequent lv deriving
_' ). S :gi •"..",. .iii'l I in i
.»
Col'XTY ARCHIVES OF CALIFORNIA.
title from the assignor. 1 ' In many cases assignments of leases are
recorded in the same volume with tlie assignments of mortgages.
although frequently separate volumes are used.
Tlie law requires thai an index be kepi labeled ''Assignments of
M rtgag>s and Leases — Assignors. " each page of which must be divided
into I'our columns showing: assignors, assignees, instruments assigned,
and when and where recorded. In similar manner another index must
be kepi in which the names of assignees will be placed in the first column
and arranged alphabet ically. 1 "
Of somewhat different character are assignments in bankruptcy or
assignments for benelii of creditors. It is provided in the Civil Code
thai an assignment for the b-m-lit of credilors must be recorded and
an inventory tiled with the recorder. 1!l
Homesteads. In a negative manner the records relating to
homestead exemptions should he included with the records dealing
with i luMiml ranee io pr, perty titles. I'tider an act passed in \bo1 the
f'iii-lature dei-r-'t'il thai under certain conditions the homestead, con-
sisting of a quantity of land together with the dwelling house thereon
and its appuileuances not exc-eding in value £5.000. selected by the
owner, shmdd not be subject to forced sale on execution or to any
■• fund process from a court for debts contracted after the passage
of the aet.- Amendments made in 1 ^ t if ' extended and modified the
; ei'ins of t h" original aei .'-'
Ai thai me it was required that the person or persons asking for
he h implead :■■ ; ' dioiild have the declaration acknowledged and
re -oi'detl as ;i i iv ( i !ii-r ci nve_\ an ces affect ing the transfer of real estate.
A -cparaii r.-Mi'd was to be provided for these homestead declarations.
in !' :< ma !■ '.- declaration of abandonment of homestead was
i recorded. Another act extended the
pi ivih-ee i'f i !: ■ h. ::'■■-' 'ad ; ct to 1 1 1 1 1 1 1 a i' i' i ed persons and required that
' : ■ appli 'a lit. I ! f >■ II Vrr, i\ i!!'j t! e ! H >i ! 1' s! e;i d title, sllollld have it 1'ecol'ded
• • ; v i] 'niimv !'ir ii'der in a 1 k to be called Register of
1! >te;,,U Sii gle I't'i'-nUs. Iii ten eoiunies abandonments of
'•-le; !-. aie I'e.-nrded in a separate volume or series of volumes. Tn
nt ! !• i mi.'Ics h.miesieail records of all kinds are recorded in a
ed in 1' same way.
Ta.x Sales. Xot ail transfer.- of title result frmn tlie voluntary
m of ,- " , ■■ i. older, for on aeeounl of the nonpayment of taxes
-. -- - : |i il ' c iiiiprove!iieiits the state or some of its sub-
: •■ ■■; i i ' y. ir i i' it her causes similar result may
1 i..|| |! 1 I;, evil courts.
THE RECORDER
59
The method of enforcing the collection of taxes on real property has
been the subject of frequent legislative enactment since the creation
of the state government in 1850. There is no purpose here to enter
into a history of the legislation upon the subject, but merely to out-
line it as briefly as possible, with particular reference to its bearing
upon the records of the recorder.
ruder the first revenue bill, approved March :><>. 1850. it was pro-
vided that the treasurer should collect the taxes. No publication of a
delinquent tax list was required, it being merely provided that if the
taxes on real property were not paid by the required date the property
should be sold, after not ice. by the treasurer. The treasurer was to
execute a deed of conveyance to the purchaser, acknowledge the. same
and file it in the office of the recorder. The property might be
redeemed within a year, but i i' not so redeemed the deed became abso-
lute.-"- The following year the sheriff was made ex officio tax collector,
the provisions for the sale of real property for taxes remaining oilier-
wise the same. After the sale the sheriff was required to execute a
certificate of conveyance to the purchaser and deposit the same in the
office of the recorder. After the expiration of a year, if the property
was not in the meantime redeemed, the sheriff was to make a deed to
the purchaser.-" The revenue act of 1852 declared, as had the previous
one. that every assessment is a judgment and has the force of an execu-
tion against the property and party liable for taxes. The sheriff was
required to seize and after notice sell property on which taxes remained
unpaid. There seems to have been no specific provision made for
redemption.- 1 In 185:3 the provisions for sale of real estate for taxes
were in general the same as in 1851. but now the sheriff. aft"r the sale.
was required to execute a certificate of conveyance of sale and deliver a
certified copy to the purchaser. The recorder, on being paid his legal
fee. was to record this certificate. Six months were allowed for
redemption and after thai period the sheriff was to execute a dm] of
conveyance iii fee simple and the sale became absolute.-'' This system
remained in ei'fecl until 1857. when some modifications were made in
details of the law. In this year the tax collector was first mentioned
in the general revenue bill. This year also for the first time there was a
requirement of the publication of a delinquent Tax list. The procedure
for sale was the same. I»u1 after the sale the tax colli etor was required
to issue to tlie purchaser a certificate in duplicate. The tax collector
was also required to keep a book for the purpose of entering a reci rd
ot' lands sold for taxes. The recorder was required to keep a book
GO
C'Ol'XTY ARCHIVES, OF CALIFORNIA.
similar to that of the tax collector. It' tht 1 property was redeemed
within six months 1 ! 1 1 • fact was to be noted on the certificate and on
t lie ma ruin ( T 1 lie hook. If no redemption was made within six months.
tlie lax collector was to make, upon demand, a deed which should i>'ive a
valid 1 il le to 1 he properly.- '
In l>(i1 a radical departure was made from The former method of
elil'i S'cinir the collection of taxes on real estate. |>y the revenue law
of thai year and hy a supplemental act. it was provided thai after the
pnhlication of the delinquent tax list, this lisl was. after a specified
period and after due notice of the fact, turned over to the districl
attorney, who was required to tiring civil suits in tin 1 courts for the
aiiieimi of the 'axes, penalties and costs. In accordance with the work-
ing of this law the records of the district court contain many titles
r< latine' pi lax suits. • Jud.uments secured in these suits hccame a lien
i n all property of tlm defendants liable to taxation.-' 7 This plan, with
minor modifications in detail, continued in force until the adoption of
the Political ( 'ode in 1 H72.
The Political i\)\\'' of 1< s 7l! did away with the tax suits which have
.ins! been mentioned. I, provided that after the publication of tile
delinquent tax list ami m. In e of sale, which notice was required to be
tiled in ih. Mil;,-, of the clerk and recorder, tlm sale should he held bv
v ..nil,
After the sale the latter was to make mil in dupli-
cate a ccrtilic, f sale, in opy of which was to be delivered to the
purchaser and the oilier filed in the office of the recorder, who was also
requir"d to make an entry in a book provided for the purpose. The
property m'mhl be redeemed within twelve months. If so redeemed
;he recordi !' was r< quired to note ihe fad on the certificate and in the
i-.-ci'd bi>ok. i : the property was nol redeemed within twelve months
1 he tax coll. en r was 1 In n to make \ n 1 he purchaser a < I • •< ■< i of the prop-
■ •;M\ . : •■ ; ' lie i ; ■ fa "is i 1 : I he case, and this deed conveyed an absolute
■;.v : im ^v,\y tin- prior rmhls of the I'nited States or tlm State of
( ', iifi»ri ia.-' Tid- system, w iili several amendments in detail, coii-
; inue.l in force uni il 1 '- ' * ■ • .
In 1 *!!., an midm
Wel'e at i
i Hitler w m
r ie mi j iay nienl oi taxes was di<n
' ; ■ ■ : 'me df i he delimoient lax
a- ihe purchaser, and lln
list. pro\ it !••< I 1 hat on i In
n ma; pay 1 lie 1 axes, peu-
r. t ha' w In ti : he original
Till-! HKOORDEIl. 1)1
tax amounts to $SM)() oi' more on any piece of property the state may
bring suit for collection. Property thus sold to the state mighl be
redeemed within five years or al any time prior to entry or sale of said
lands under the land laws of the slate, and during this five years ii
continued In In- assessed as before the sale in th" name oi' its owner until
a deed was made to the state. If the property was not redeemed within
five years the tax collector was required to make a (hn^d to the property
to the state. This dr^d was to he recorded in the usual manner and
then forwarded to the state controller, except in the eas" of state lands
upon which the full purchase price of ^1.2.1 had not been paid. In tie-
latter case tlu> dvcd was forwarded to the surveyor-general and the
land was then open to entry and sale in the same manner as other state 1
hinds, except that the former owner was the preferred purchaser for
six months.-'-' Such lands for which deeds to state had been filed with
the strife controller"" were then subject to sale at public auction upon
application to the county tax collector and tin- authorization of the
.state controller, no bid to 1)" accepted for a less amount than the aggre-
gate amount of ail taxes, penalties and costs then against the property.
including costs ^d' sale, f ntil so disposed of by the state i1 might still
he redeemed by the former owner upon making the proper pavments.
If redeemed in this way after the (Ircd has been made to the slate the
receipts of the treasurer, controller and auditor in connection with the
transaction might he recorded in the recorder's office in the hook of
deeds, and then had. the effeel of a deed of reconveyance." An amend-
ment adopted in l!)lo provided thai on the day of the delinquent tax
sale any property which had been sold to the state five years before and
not since redeemed should be sold b\ the tax collector at public auction.
Xo bid shall be accepted for a sum less than th" amount of taxes.
penalties and costs for the year for which the property was sold to tie.
state for delinquent taxes. The purchaser then has thirty (lays in
which to redeem all subsequent taxes, penalties and costs remaining a
charge on delinquent taxes. If no sale is made, or the successful bidder
'ices not make the redemption as described within thirty days, then the
property is di-edeil to the state as previously provided. -
Liens for Public Improvements. Tee methods employed to compel
payment of assessments made for public improvements are vers sii
to ihosi its d to collect the regular property Taxes. Liens are ii! -d
fiuainsi the piop'-rn until the amounts assessed are paid. These are
usually for street improvements, or throimh irrigation, iidrin^ or
sauiiarv districts.
i :;vs : I'l.l. i '
Ill' ('(M'NTY ARCHIVES OK CALIFORNIA.
Squirrel Claims. An uncommon record of the type just described
i> thiil relat iim to tlif destruction of ground squirrels. The records
id' the comity officials frequently brim: to light illustrations of how local
conditions have affected legislation. An interesting instance of this
kind is found in the recoi'ds regarding squirrel claims or squirrel
nnisances. Laws on this subject began to appear on the statute books
early in the history of the state. They were all special enactments
affectum certain specified counties, but sooner or later practically the
whole of the agricultural portion of the state was covered by them.
They were ;:11 designed to encourage the destruction of squirrels, gophers
and oilier similar pests. A typical law is that of March 10, l s 74.
applying to Contra Costii and Alameda counties. Squirrels are declared
to be ;i nuisance and it is imide the duty of all persons owning hind to
keep it clear of squirrels. Squirrel districts are created and inspectors
authorized, whose duty it is to destroy the squirrels wherever the hind
owners fail to do so. The cost of such destruction, with certain added
penalties, are made a lien upon the property, and provision is made
for suits to enforce the lien. The recorder is required to keep a special
record under the provisions of the law. :;:; Many similar laws were
passed, bul ;dl were repealed about l^Ml. or superceded by the uniform
counly eovcrnnienl act. which authorized the board of supervisors to
destroy pests. ::l Special volumes for recording these claims are found
in Alameda. Contra Costii. Santa Barbara. Santa Clara and Stanislaus
count ies.
Attachments, Liens, Lis Pendens. Since W>1 the recorder has Icon
required to keep separate volumes in which to record all notices of
attachment upon real estate, mechanics" liens or notices of actions, usu-
ally call ■<! lis [i :, lens. ' The latter is a notice of pendency of actions
which, if ;iffeciiim- i!i!' title in r.-al property, must be tiled with the
recorder of the county within which ihe property is located. It must
contain the mimes nf tic partes, the object of the action and a deserip-
tiie property affected. In nearly all of tic counties the law
••■quirim-. distinct record books has beeii followed: in a few they have
ifil >C; : i i ther !•>■<• i'i l>. being, liowever. kept distinct by
l:ie;i!|s i ,f ,| s.-pa rat e it!' leX.
Certificates of Sale under Execution. By a law enacted in l s »c.
lie- I'cc ,1'i'cc \v;|s f. -i , ] I i f, . i to keep a Volume entitled " I Vi't iticate.s of
es'.at' so], I under cvi-entioiis oi- under any order made by any judicial
i 'ci ' ; j . | n ■on: •' : n u it h • ; is. !e ' ; - n-q tired to !•;,■, -j i an index
THE RECORDER. (5H
showing for each entry the name of the plaintiff, the defendant, the
purchaser and the date of s;de. ::,; At the time of the adoption of the
Political Code in 1872 this provision was incorporated in that part
setting forth the duties of the recorder, and since then has appeared in
the various county government acts and is included in the present
Political Code." 7
So far as the existing records are concerned, certificates of sale under
execution are closely related to certificates of sale for taxes, hi some
counties the two are kept in a common series, in a few cases the com-
mon series covering only a portion of the record and distinct series
being used for the balance. Where a distinct series of volumes is used,
the titles upon the volumes are found to vary, only a few using the
actual title. "Certificates of Sale Tudor Execution.'" Among the more
common variations may be noticed "Certificates of Sheriff's Sales'' and
similar designations. In a number of counties the record was begun
earlier than 1866. Certificates of sale under execution, as also those
for taxes, are in their effect similar to deeds and it is therefore not
surprising that in some cases these instruments have been recorded in
the deed books. In other cases they have found their way into that
catch-all. Miscellaneous Records.
Transcripts of Judgments. Among the records required to be kept
by the recorder since the act of 1850 is the Transcript of Judgments,
where the judgment conveyed or affected the title of real estate. It
was also specified in the civil practice act of tSol and continued in the
(ode of Civil Procedure that a transcript of the original judgmeul
docket certified to by the clerk might be filed with the recorder of any
other county. From the time of filing, the judgment becomes a lien
upon the property of the judgment debtor within the county, the same
as the docketing of the judgmeul by the clerk had affected the prop-
erty of the judgment debtor in the first county. " s
MISCELLANEOUS PROPERTY RECORDS
Maps. Xo specific lavs' required the recording of maps before the
act of March !). 18!):*. As early as 1 850. however, it was set forth as
one of the duties of the recorder thai he was to have the custody of.
safely keep and preserve all maps, as well as other records deposited
in his office. Since the title to a piece of prop* rty depend> very largely
upon the description of its location and since this in turn is often given
m terms of a map or surveyor's notes, the importance of the map or
record of survey in its relation to the record of the. title to the property
"Stats. 1 Mjr, GO : M:l.
7 l'"l. ' '"'I" < I*.-' ). « I-:: , : Slats, i ss:; : :;u7 : 1 v> !;:;-.; ; 1 v:', : :! 7 :> : I s i7 : 1^0 ; i'nl.
Ce.lo i 1 :.] :, i. $ ii :;:;.
: -St:its. is:,0: 1.71 i'; Cede (Mv. Proc, S 7 4.
b-1 CitrXTV ARCHIVES OF CALIFORNIA.
is apparent, h is Inn natural, therefore, that many maps were filed
tor ivi'iii'd before the law specifically demanded that they he so filed.
i>y the a<-1 (d ; March !•. ]*'.VA, il was pi'ovided thai whenever any city,
town or suhdivi -ion of land into lots, or any addition shall he laid out
in lots for -ale the proprietors shall have made an accurate map or plat
theieof. this map to he certified and filed in the office of the recorder
in the eoiinty in which the city. town. ete.. is situated. :;;i An amending
act of March 14. 1!M)1. provided thai the recorder shall paste all such
maps securely in a bonk of maps, when it shall be deemed to have been
leeorded. 1 " |>y an act passed in 11)0" it was made the duty of the
recorder to examine all maps presented for recording, to see whether
they conform to his records and the law. and to refuse to accept all
maps whieh do not so conform. 11
An act of Maivh lb. 1!)<)7. to define the duties of and to license land
surveyors, provides that within sixty days after the making of a survey
by a licensed surveyor lie most file with the recorder a record of -the
survey, made in "ircod draimhlsmandike manner." This the recorder
i- required in paste in a stub book provided for that purpose: he is
also required to keep an index to such records of surveys. 4 -
Fi'om this it will be si en thai there are at least two sets of maps
which are to b" found in the office of the recorder: one. frequently
entitled a p-cord of maps: the other, a record of surveys by licensed
surveyors. While thi> distinction has been followed in a lame number
i.f the coin ties there is no uniformity in reuard to the map records.
In audition to these maps there an usually miscellaneous maps of
towns, county maps, road surveys, and the like, some < f which arc of
considerable historical value.
Licensed Surveyors. I>y an aci of March '■>]. 1>!>1. to define the
ities of and tn li'-eiise land surveyors, the st.ite surveyor-iieneral was
i-eipiiied l" tratis.mil i< ulhly to the recorder of each county a full and
i-orrect list i.f ;ii] persons li-ensed as land surveyors, and it was made
the dut\ of i he reenrdei' to keep these lists in his office in such a way
that they may easily be ; essible. An act nf March lb. IJHiT. con-
lit.iieii in I'oj-i e tic provisions of ihe pre\-ioiis aci reuardini: the filing
ic.-Ms.-.s. "\ esi Mists are kepi on |j|,.. us! j a ||y in liliim boxes, t hoii'Mi
in a few casi s t ley a l'i pasted into a book'. in a few count \< s an index
i-eui is a-pl. As ihe lists ;.!•■ all the same and sin. ply duplicates
id's l i>ts. t he recoil I in any j ia ri icitla r county is
Marks and Brands. The inuueiice of the e T eai number of men
• ■ - w • e in i hi si ;;nd ■;.',■ ii - : •- s_ ;ll |,| of • he u iile-exiendine:
THE RECORDER, 65
nueiich veil ranches is to be seen ver\ clearly in the curly legislation of
the stale and in some of the public records. This is espeeialLy to be
noticed in the laws regarding the identification of animals, and providing
for the recovery of those losl or strayed.
By an act of the first legislature it was provided that the owner of
horses, mules, cattle, sheep, goats or hog-; was to have a mark, brand,
and counter-brand different from that of his neighbors; the mark to he
different from any other in the county and the brand in so far as
possible to be different from any other within the state. The owner
was to deliver to the recorder of the county a full description of the
ear-mark, and present to him for examination Iris branding iron, a
full description of which was to be recorded in the office of the recorder.
The ad wa.s modified slightly during the session of 1853, requiring that
tiie mark be cu1 upon a piece of leather and the brand and counter-
brand be. burned upon it. This was then to be kept in the office of the
recorder and to be considered as evidence in any court of law. 44 No
rk or brand was to be considered lawful unless recorded.
In order that there might not be confusion regarding the brands of
adjacent counties it was further provided that after recording a mark
and biand the recorder was to transmit to the recorders of the adjoin-
ing counties a transcript of each mark aoid brand, recorded. 1 '"'
A> a u-.ual rule it is safe to say that these provisions have been very
well adhered to. frequently the early entries are found to have been
re: orded in Spanish, and in same ea-.es the brand books contain interest-
ing specimens of the artistic work of the recorder or his deputies.
Estrays. Before 1S;')7 there was no general law relating io est ray
domestic animals. Theri were many special acts, whose provisions it is
po.ssil Ic here to relate m detail, although there were some features
which were fairly uniform. Beginning with the act of May 1. 18.TJ,
which applied to about two-thirds of the counties, the recorder was
required to haw an Bslray Book, in which to keep a record regarding
estrays found in the «• unty. Provision was made for the recovery of
these animals by their owners where the latter were known or where
tl:e i rands and marks on t Ju* animal were on record in the book of
marks and brands."" 5 in 18!)? and in 1901 general laws were passed
which require thai persons taking up est ray domestic aiiimais shad file a
oo!i:e wiih description, etc.. in the office of the recorder. Provision is
ina.de lor the recovery of the animal or animals by their owners and
ior ih :; aie in -a- the owner is unknown. This law. with some
ndmeuts in doiai!. is new in force. 17
- ■■■•. ■ " :i :.:■... : ;•>, : 1-..1. Co
!:".:!' S :;iii'i.
-a-ns. ' '.:q : •: ■•> >; ; 1 sr.'i : 147 : 1 m',.i : n : 1 sir; : r,:o O''.:: : ::>«;
> : ; to-. •'.,, : 1 !'s : ■ :!:>.j : 1 :mT : ;:••_■ : 1 o :■ : 1 m;i>. 1 "7:' ; 1 !i 1 7, : i|::ii. [.,
■ ' : ■ .-■ nay be with tlii ■
'I 1121H
hli COrXTY ARCHIVES OF CALIFORNIA.
Tin' ('ivil Code provhh s that the finder of a tiling i ther than a
donmst ic animal must, in ease the oAvimr is known, inform him of the
fact. If the iiwnei' is not kin vn the finder iimst. within five days, file
an affidavit with the justice of the peace, who will summon three dis-
interested persons to main- an appraisement of the thine; found. Two
copies nf iheii i'i perl of appraisal and valuation shall he made one to
uo in ih" justice of ih.e peace, t!i" other t.i ilic Under, wlii i must within
five days have ii recorded hy the recorder in a hook known as the
Kstray and Imst 1'roperty Book. Other sections of the law provide for
I he 1 in very or sale of the thine, found. ,s
Thoimh most of the counties have one or more volumes devoted to
est rays, ihi.se records d) no1 hulk v^ry larue in the airu'remde. Only
■ .' '■■ iinlies have :nor< than one volume for this purpose, and in only
one Vi lo are there to he found hoth an Kstray iiook and an Est ray
and I.o-1 |\n ; e-r! y liook.
VITAL STATISTICS
The r ids of \ ' : .-. st; tistie-,. not wit list an diim I heir ureal importaii'-e.
were during i he earlier years very poorly kept. As early as I s -.")] the
statutes reijuired tlial the reeorder keep a record of marriage certifi-
- and ■■ mtia Us. hill ii was uol uuiil the am of April lm'. 1 -*•><. thai
ali\ a! *m mj'i '■■' as madi to keep ;i is -cord of a n \ ot her vital statist icsd
i I i< a ei pi a\ led for Uie ree-ist ra i ion of marriaj.es. nirths. ilivorees and
ileaih-. ''■a- thi- purp*.-c the ot'fiee of via!" registrar was created, it
lie dad! pri-pai e ami fum'sh to tie- count; r> of each
•■■ ■ ■..' itahlc hla; k> and 'nooks, prepared according : i the follow-
ing" for as; /■'•--• .1/ o rriuiji s i-hitries ad' the date, fc-ality. name.
name. ■ ■'■■ ,-. ami ofl'n iai -.at ion of i lie p -r- m pel'
r.ai •■ ! e-'o-ii iv !■'<,,■ !' ■ rl : '.< Knit r:e> of thi ' lat
i .■ ' ; ft ■ ■ - ■ . t i itc. se\, am! color i f * m ca dd. 1 h<*
• . n • \ : ' . ■ ' r. ■ ml i • si de'a-, f i he > ■ ■ . .. and the dai ■
: . ■ . •;[; , : .• „ . : . , ... . ■ , . dniim t Ii ■
■■..■■■•■■ .
> of L. ilate. aiid ■ a s \. ie.-e.col in rri"i ;.
I ■ io.o- , . x .,.■ iv ■ in! of mar: hum.
•.■■-•' . ,.. .. •■. .' r, ■.. o •
. . , • , . . i j i , , . t , , 1 1
TILE RECORDER.
67
registrar, iu order thai the records might he turned in to the recorders
it was made the duly of every person performing ;i marriage ceremony
to report it to the recorder. In similar manner physicians, parents,
and keepers of institutions were required to report births; persons
obtaining a divorce were to report the fact: and the .sexton or other
person having charge of burials was To furnish the information for the
death records. It was further provided that persons entering the record
of each of these matters should pay to the recorder a fee of fifty cents:
while failure to report the fact laid the guilty person liable to a fine of
not less than len nor more than one hundred dollars. I 'nfortunately.
notwithstanding the explicit provisions of the act and the penalties
imposed upon poisons neglecting to report, the law seems not to have
lie 'ii taken as seriously as its importance demanded. In most cases the
records show the statistics for the years 1858. 1859 and probably 1860.
but after that date few entries appear.
At the time of the adoption of the Political Code in 1872 the secre-
tary of the state board of health recommended a simpler law on the
subject of vital statistics. All persons performing marriage ceremonies.
assisting at births, or in attendance upon deceased persons, funerals or
inquests, were required to keep a register showing certain specified
fads regarding the case. The marriage certificates were to be recorded
within thirty flays after the marriage, and in the case of births or
deaths the entries were to be reported to the recorder at the end of
each quarter. In the case of births and deaths a fee of twenty-five
cents a name was imposed, the money to be paid primarily by the
parents or the person next of kin. If no fee was paid the fact was to be
reported anyway and the money paid by the supervisors of the county.
Nee! -ei to report the.-,, statistics made the party subject to a fine of fifty
dollars. The recorder was to record the facts regarding births and
deaths in .separate registers known as • 'Register of Births'" and "Reg-
ister of Deaths."' As the result of this legislation many of the local
! fticials (.nee again were aroused to action : in sonic cases this insulted in
continuous records, bui in the majority of counties they were again
neglected a fter a few years. -
Amendments to the Political ('ode passed in lf)()5 called for more
strict atteiitii n I i tie- matter of vital statistics and as the result the
records from thai date seem to be practically complete. By this act.
approved Marc!) 1 s . l!H)."i. all persons performing marriage ceremonies
were ■■ ipiir I to .;■ with the recorder within three days after the
nan .oo a ceriiiicate of registry of the marriage in which was to be
stated, among oilier things, llm date of the marriage: the sex. age. race.
colm'. birthplace and residence of each of the parties: the number of
the uarria -l1 occupation of the parties; the maiden name of the
68
COUNTY ARCHIVES OF CALIFORNIA.
woman it' previously married : the names and birthplace of the parents
nf each and the maiden name of the mother of each. This data should
he incorporated by the recorder in his Register of Marriages, the
original certificate being then sent to the state registrar.
In a similar manner physicians or others in attendance at the birth
of a child were required within five days to return to the recorder, or if
in incorporated cities to the health officer as registrar, a certificate of
hirtli showing the time and place of birth: the name. sex. race and
color of the child; tile occupation and residence of the parents, with
the maiden name of the mother; and whether or not the child was born
in wedlock. This was to be entered in the Register of Births, after
which the original certificate was to be sent to the state registrar."
By the amendments to the codes passed in 1907. it was provided
that the recorder should make a complete and accurate copy of each
certificate registered by him upi n a form identical with the original
certificate, tn be tiled and permanenth preserved in his office as the
local record of such marriage or birth. 1
More definite roles for the registration of deaths were adopted in
a statute approved March IS. pan;,/ This act gave to the State Bureau
of Vital Statistics the General supervision of the records of death. In
this they were to be assisted h\ local registrars, the city clerk or recorder
in incorporated cities and towns, and the county recorder in the district
lying outside of incorporated municipalities. Xo burial permit was
to be issued until after the return of ;■ satisfactory certificate of death.
This certificate must be of standard form recommended by the I'nited
Stales census office and the American Public Health Association and
must contain in format ion as to tlm exact time and place of death:
the name. sex. race and color of the deceased: whether married, single
or widowed ; dale and place of birth : name and birthplace of the father :
maiden name and birthplace of the mother: and the occupation of the
deceased. Other items regard inu' the cause of death, place of burial,
etc.. aiv to be supplied by the physician and undertaker. The local
registrar is required to make a complete and accurate copy of each
certificate upon a form identical with I he original certificate, this copy
to lie filed in his office as tlie local r rd of such dealh. The original
certificate is then sent on to tin state office. In l!HiT further amend-
ment- \\r\-r made in regard to the registration of deaths, bid none of
these affected the method up form of the P-cords ;is above described. ,;
Although during the earlier years the records regarding marriages,
births and deaths were very poorly kept, the survey of the county
archives shows thai sine,. l!ti:."i these various records have been kept in
■
l : I'..!, r,
THE RECORDER. 69
excellent shape in nearly all of the counties of the state and for the
student of sociological questions should furnish invaluable information.
Burial Permits. In 1889 a provision was inserted in the Political
('ode. requiring that burial permits be filed with the recorder. 7 This
was repealed in 1905. s hut in 1913 a section relating to burial permits
was again added to the code, and among its provisions is one requiring
superintendents of cemeteries, boards of health and health officers to
report weekly to the recorder the names of all })ersons interred during
the preceding week." In one county (Stanislaus) the recorder, taking
cognizance of the new provision in lSSi). added to the archives of his
office a volume for recording burial permits, and this record has been
kept up to date. In no other county has a separate record been kept
of 1 hose permits.
MISCELLANEOUS RECORDS
In addition to those already described there are a number of sets
ill records in the office of the recorder that are not readily capable of
elassifieation. They have therefore been reserved for consideration
under the general title of miscellaneous records. As used in this sense,
the descriptive title musl not be confused with the particular set of
records usually known as Miscellaneous Records, although both titles
arise from similar conditions. The Miscellaneous Records, sometimes
called Miscellany or Promiscuous Records, contain those documents
which by their peculiar nature do not naturally belong elsewhere. They
therefore, especially in the volumes for the earlier years, contain a
uTeat deal of interesting and valuable information from the historical
point of view.
Agreements. Although not specified as one of the records required
to he kept in a separate hook, about one-half of the counties have a book
in!' the recording of agreements. In the majority of these counties the
title of these records is Agreements, hut many use Covenants or Con-
tracts or a combination of titles. In those counties which do not have
a separate record of this title, instruments of this character are recorded
in a volume known as Miscellaneous Records. The index to the record
will show at least the names of the contracting parties and the volume
and pau'e where the document may be found. It may also give the date
and cem-ral nature of the document.
Architects. I>y an acl " : to regulate the practice of architecture,"
approved March 23. 1901. it is provided that an architect, before enter-
ing upon the practi if his profession in this state, must receive a
;its. ir<0." : 1 07.
70 COUNTY ARCHIVES OF CALIFORNIA.
license from the State Hoard of Architecture. Tt is further provided
that tlh' license iiin-t he recorded in the office of the recorder in each
county in which the holder shall practice. A failure to have the
license recorded is sufficient cause fur revocation of the license.' The
license may he revoked for cause, and when so revoked by the State
Hoard of Architecture, notice of sued revocation is to be sent to the
recorder of each county in the state, who shall thereupon mark the
certificate "canceled."'- The provisions of this act. with minor amend-
ments, are now in force." In several of the counties this record is kept
in a bound volume: in others, the certificates are merely filed, either
with or without an index.
Banking- Records. Banking Assets; Banking Capital. By an act
approved April 1. 1S7f>. all corporation* or persons doing a banking
business were required to publish in January and July of each year
and also file with the recorder a sworn statement of the amount of cap-
ital actually paid into such business. In like manner all banking'
houses were required to publish and have recorded a sworn statement
showinu' the actual condition of the assets and liabilities. The recorder
was to keep two sets of well-bound books for the recording of these
statements, to be labeled respectively. "Statements of Banking' Assets''
and "Statements of T>ankiiur Capital." This act was repealed by an
act dated March 2(>. l s 9o. 4 Since these volumes are no longer required
to he kepi as current records they have been, in many ■ unities, relegated
to storerooms.
Election Expenses. By the provisions of the nd to promote the
purity of elections, approved February 2T 1VT candidates and cam-
paign committees were required to file itemized statements of their
receipts and expenditures, with proper affidavits. In the case of
candidates for offices filled by the electors of the state or of political
divisions greater than the county, members of the senate and assembly.
representatives in ('oninvss and members of state commissions, these
statements were to be filed with the secretary <C' state. In all other
cases they Were to be filed ill tile offi.-e of ill ' clerk and Were also to be
recorded in the office of the recorder and to become a public record.
These provisions were retained in the ;i ct of March I' 1 . IHOT. and are
still in fore
As a fesiill of this law there ;i re in most of the canities volumes
In the recordiiui of candidates" mid committees' statements of
lection expenses. A laree number of such statements are also to be
ml r rded in Miscelbu is R. cords.
THE RECORDER. 71
Fee Books. The first general law regarding fee books was that
oi April 1. ISO 4. 1ml before that dale there had been passed laws
requiring the keeping of t'ee books in eertain counties. ,; The law of
4Sb4 required thai every officer authorized by law to receive fees for
official services should keep a t'ee book, in which to enter all fees or
other compensation received or to be received by him or his deputies
giving the dale, name of person paying or to pay. ;ind the nature of
riie service rendered. During January and July of each yar this hook
was to be filed with the clerk of the supervisors with the sworn state-
ment of the officer that it was correct."
The uniform county government act of March If. 1>S3. contained
a provision that each officer authorized to receive {■■<■-, under that act
must keep a fee hook, open to the public, in which must be entered, at
once and in detail, all fees or compensation received by him. On the
first Monday of each month he musl add up each column to the first day
of the month and, set down the totals. On the expiration of his term
of office he must deliver all fee hooks kept by him to the auditor. 8
The uniform county government acts of March 31. l-'.d. and March
24. l-o'U. iue;>rporaled the piovisions of both these laws, but the county
i-iit , ■* of April 1. ld)7. included only the provisions of the
law of Iv^T and this requirement has been incorporated in the
!\':lil ical ( 'ode as it now stands. 5 '
The fee book is no1 a record in the ordinary si nse. its fum-ti u hei ig
to cheek the financial operations of the office, i; j s then ,'■■:•■ only
temporarily useful and is consequently one of the first to o. relegated
to the storeroom. These books not infrequently find a more or ess
peimanent abiding 1 place m tin* auditors ofiice, and in a few counties,
' ■■■ - are combined. 1 he fee book of the fiimhim 1 1 off: •■■ may be
found in the room devoted to the business of the clerk or audi or.
An examination will show gaps in the series of fee books in a numb r
of counties, indicating thai many of the volumes have been io»1 or
' . isi di-p sell of.
Newspaper Files. It will be seen by examinaiion of this report,
that there are in the various courthouses of the state a largo numl er
of volumes of iii wspaper jiles. The-- have in laru ■ pari ■ nne into the
■■ my archives by virtue of several laws parsed by the '■■.id —
d.uriim dm earlier years of the state's history. The most important
vas tlse ad of April 3. 1m'2. by which ii was made the duty of the
■ ^' t f each county to .-subscribe for from one 1 - three n -wspap rs
d w irhin 1 he •■ unty. the pa rt '■■ . r [taper or 's to in
COUNTY ARCHIVES OF CALIFORNIA.
!i siuii;iii'(l by tlir hoard of supervisors. These papers were to he
received and [u-i'Sfi ved by the recorder, who was to have them bound in
\ i'liiiiii's and kepi in his office "i'or the use of the Courts, when neede 1.
I sTranu'i is. and 1 h<j inhabitants of the county." all of whom were to
have acc'ss to them durum office hours tree of charge. 1 " No special
act has been found whereby this law was repealed, but in the Index
t' the Laws of ( a.!if< rnia i!'07 . prepared under the supervision of
lie (,'oiinni-sion for the lb vision and LYforni of the Law. it is classed
a.s oik- of thi 1 ads repealed by tlie codes. 1:
Thrc - tie !• law-, wim-e pni'pi se seems to have l)ecn mainly political,
have required the deposit of newspapers in the comity clerk's office:
1 .V law "to provide for the better publication of official and leyal
notices. approved May .'>. p.V.l. designated by name seventeen news-
paper^ thri:ULdn>ut the slate in one or other of which ;il! ieiml notices
■' lie i nhlLhe j. each one i f the papers servhm for one county or a
Limup of counties. These newspapers were required to furnish two
■opies !..f each issue to the secretary of slate and to the clerk of each
county and these officials were "required to keep and preserve' the same.
open to public i 11- j lion." The law was repealed the next year."
Ii i- vi r\ doubtful whether its provisions w^v- strictly adhered to while
ii v.-fi-i in force, but certain files which were until recently in tlie office
i,j the c'ei'k of Sain a Clara County were pi'oliably deposited there as
ii resuli of ibis law. and il is possible thai other instances mitrht be
found. '2 An ",\c| to protec] litiuants." enacted in 1*70. made it
:he duty of each di>lri-l judu'e lo designate one newspaper in each
lunty wilh-in bis jurisdiction, in which uiu-1 be published all leey-d
aii i judicial advert isiim 1 for thai county. Copies ,,f these newspapers
♦oil ■ •:' : ' Ii ■ clerk of tic unty in which ii was |uiblished.
Mel he was required to have one file bound. ' : This lav was repealed
levdslat nre.'" '■', lul ->7< ' anol iier law ■ as
:■:■■-! viia-h a i H h ii'i/ed lie- <j. ivcruor. secret a ry of st a'le ami aitorney-
■>■-,. \. or ;ui : •. ■ . ■ •! a newspaper pu! • ■ ■ ' Sacra -
Wo 1 o ! ;,■ ; hi i ffic|;d si.'ite paper, ill di nil Niitio iilica lad y r1 i ■ nu'
,;■- : il'ed lO " furilish ' .. 'opies ;;f ] |j ■ Said IH'Wspa pel'. fl'ee o !"
e'h; n e. q, , ,-ed: and • v^ry Cim !;, < le ': in ' h Siale. I 'be yy d;
: : I i his ofiice I'or l'eferellce, ' ' Tid- la w a IsO w ,. -
..;,,; : • i he i o yssii : |e-_; :-.'a . :1 < present-
.;'■■• ■ ■ , ,. : |, :| : i . ,],,, |ij,. s ,.;' iji,
e.ilo /■'■ ' be f, i sey.o-al ■■ .ii ii ii ■•■ ■ ''bey
T1IK RECORDER.
73
KVom the historical point of view the effeol of these early laws has
hern most fortunate, for in some cases the tiles to be found in county
offices aie the only ones now in existence. Many of these tiles are still
carefully retained in the main offices, but in some other instances.
though still kepi as a part of the archives, they are xvvy poorly cared
for. being crowded into storerooms or basements. In some cases it is
known that Ides once in the courthouse have been removed by private
parties. There is no uniformity regarding the particular office within
winch these papers are now located, for though the bulk of them are
in the recorder's office, a considerable number are with the clerk' and
in, a few cases some have been found with the auditor.
Newspapers continued to be deposited in various county offices
throughout the state long after all these earh Saws had gone out of
operation, and in some counties Hies of local newspapers are still being
received. In part these are no doubt tiles of the county " official paper, "
as the paper is commonly called in which the delinquent tax list is
published; and part of them are sent in because of the publisher's
desire to have a file of his paper preserved in a safer place than his
own office.
By an ad approved March 10, 1909. the county board of supervisors
may authorize the recorder to deposit with any free public library
maintained at the county sect such newspaper files or portions thereof'
as may be in Ins custody. Before making the deposit, however, the
board must obtain from the trustees of the library an agreement thai
they will properly preserve these files and make them accessible to t lie
public. 1 "
Official Bonds. The act of February 28. 1850, concerning official
bonds of officers, provided that the official bond of the district attorney
should he approved by the judge of the district court and tiled and
recorded in the office of the clerk in some county of the district desig-
nated by the .juduc. The official bonds of the sheriff, coroner, justice of
the peace and all other county officers were to be approved by the county
judge and filed and recorded in the office of the recorder. The act
establishing the recorder's office, approved April 4. 1^50. required that
official to record in a separate book all commissions and official bonds
required by law to be recorded in his office. 1 '-' The Political (.'ode in
1872 provided that unless otherwise prescribed by statute, the official
bonds of c(iunt\ and township officers must be approved by the county
.indue, recorded in Ihe oilier of the recorder and tiled in the office of the
clerk. The official bonds mu.-d be recorded in a book kepi for thai
pnrpo.se entitled "Record of Official Bonds." An amendment in 1ST:!
i ■>: : ! ' ■ i-inir. i !■ n. I.;,\vs ( 1 '.) 1 .", ) . IG:
: i . i r. i
74 COUNTY ARCHIVES OF CALIFORNIA.
provided that the clerk's bend, after recording, should he filed in the
office of the treasurer. A further amendment in TS80 suhstituted the
superior judne for the county judue as the official by whom the bond-;
should he approved. These pr. \ i-ions. thus amended, are embodied
in the presenl Political ( 'ode.-"
Slavery Papers and Indian Indentures. Although slavery was
forbidden by the slate constitution many documeuts lo he found in
the eountv archives u'ive abiindaiH proof that this institution did exi 1
for many years after California became a state. These are usually
single documents in t!ie form of emancipation or manumission papers
which arc recorded in died books or in the volumes devoted to miscel-
laneous records. Examples of this may he found in the archives of
Kl Dorado. Los Anuvles. Mariposa. 1'lacer. S ; mla Clara. Santa Cru/..
and elsewhere.
Iii the archives of Ilumbohll County was found an intere-tiim
bundle (if document- entitled "Indian Indentures. "' It is probable
the miscellaneous iveurds of other counties having a largo rndian popu-
lathn may also contain siioilar documents. An act passed April 22.
l s ."><). provided that any pi miii havitm obtained a minor India!! through
the consent of the parents or relative-- of the child might go hefon
a justice of the peace and after having shown that no coo; pulsion had
l.ieen employed to secure tlm ciiild. ivopiire the justice to issue a corli.i-
cate authori/.iim the applicant to h.ave tie- '"care, eiistoily. control and
i arnini:s" of the child until he was eiuhteen years of age if a male.
ecu if a female, (hi the oiler hand, tile applicant agreed lo f
ami idol he I i >■ child and to tioal him in a humaiii manner.'- '
hi I >(iii 1 he ;iei iva s amended, jic u no\ .■•;■_
or coiinlN jlldu'e who w as to is-U! - 'ticies of
indelll ill e. I lie eop\ to he tiled ijl tile ofl'ice of 1 lie ]■ ■ ,1'lhT. Tills !
i xtemh d the provision- r\' the form i law i ■ include \i<<\ only child
bid adults a.-- wili if li;e\ were held -s pri--< ini's of war. or variant
Indians who had "no settled habitation or means of livelihood, an
ha\e noi placed t heinseb'e.s under t h.e protection of any white persai."
In ]-o:i the acts permitting this practice were repealed.-'-'
Sole Traders. '< »n April 12. 1 N d. an act was approved authori/iim
i 1 1 ansact bu-.ua - a • : r o\\ n names as sole 1 n |ei\-
1'lnhl' lliis ;i'-| i i Ilia .. ■ ,e ■:•;•.• ' a r a Hoi a r\
statine' 1 - ' . ■- nana
-.;•.■' ■ ' I ha1 date >j
iiisibii fo,- dei'ts i 'iii'red. T!i is docja rat loi
. as 1 hell 1 ' 'he ;e |b| ic lie V>] i.ape]' of i he I • . 1 1 1 1 ( I \ IliO i
THE RECORDER. I ,)
tiled with the recorder. 2 " The following is one of the first entries in
the Record of Sole Traders of Humboldt County:
"Magdalen;! Stanislowskv Sole Trader
To all whom it may concern, Magdalena Stanislowskv wife of
Gustave Stanislowsky resident within the County of Humboldt
and State of California hereby declares and makes known that it
is her intention, and that she intends to carry on. in her own name
and on her own account within said county and State the business
of Brewing, and the business of washing and Ironing and that she
will be individually responsible in her own name for all debts
contracted by her on account of her said business, and that the
amount of capital invested or to be invested in said business does
not exceed five thousand dollars.
Magdalena Stanislowskv
Attest
Byron Deming
John L. \Yagner
June 28, AD 1859."
An amendment to this act was adopted April 8, 18(52, by which it
was required that the applicant present the petition at a session of the
district court and the creditors of the husband were then to be permitted
to interpose objections to the proposed action. The order of the court,
entitling the applicant to the privileges of the act, together with the
oath of the petitioner, were then to be recorded in a book kept by the
recorder for that purpose. The court action was subsequently trans-
ferred to the superior court but otherwise the provisions of this act are
now incorporated in the ('ode of Civil Procedure.- 1
Special Partnerships. The formation of special partnerships was
authorized by an act approved March 4. 1870. This act permitted a
special partnership for the transaction of any business except banking
or insurance. Such a partnership was to consist of one or more persons
called general partners and one or more persons called special partners.
A special partner enjoyed certain specified rights and exemptions, the
most important being that he was not liable for the debts of the partner-
ship beyond the amount of capital contributed to the firm.
Kach member in the special partnership was required to sign a
certificate setting forth the name under which the partnership was to
be conducted: the general nature of the business to be transacted; the
names of all the partners, with their residences, indicating which were
general and which special partners; the amount of capital contributed
by each special partner to the common stock: and the period for which
the partnership was formed. This certificate was then to be acknowl-
edged by each of the partners and recorded in a bonk to be kept for thai
purpose by the recorder of the county in which the principal business
stats. 1 S.".:I : 101-102.
Stats, isci: ins n>:< ; p,„lo f'iv. Proo. l'.'l.V SS 1M1 1S2I.
76 COUNTY ARCHIVES OF CALIFORNIA.
<;!' the partnership was to be transacted. It was also to be published
in a newspaper of the county, or as near thereto as possible, once a
week for four successive weeks. If the business of the partnership was
lo be conducted in more than one county, certificates should be Hied
for record in each county.-''
With the adoption of the Civil ('ode in 1872 the act of 1870 was
incorporated almost as it stood into that code. One new feature,
however, is to be noted, for in the code it was now provided that the
certificate of special partnership should not only be recorded by the
recorder but that it should also lie filed with the clerk. In their general
form the provisions of the act as first adopted are still to be found in
the Civil Code of the state.'-'*''
Stallion Register. By an ad of May 1. 11)11. a stallion registration
board was created with authority to issue licenses, and it was provided
ihat all licenses issued for stallions and jacks must be recorded by the
recorder in the county in which the stallion or jack is used. An
amendment adopted in 101.1 did away with the requirement for the
recording of licenses by the recorder.- 7
-'Stats. 1 SCO TO : 1 -2:1-1 -27,.
-"Civ. Code. SS 2 !77 2 1ST,.
"Stats. 11)11 : 130C: 1 J ."> : 140. r >.
THE SCHOOL AND FISCAL OFFICIALS. 77
THE SCHOOL AND FISCAL OFFICIALS
SUPERINTENDENT OF SCHOOLS
Tlif office of county .superintendent of schools was fii'sl mentioned in
an act approved May 3, 1852. entitled "An act to establish a system
of common schools." This act. although i1 defined the duties of the
superintendent, failed to state how he was to he elected or appointed. 1
An amendatory act 2 passed the next year provided that
"The County Assessor of each and every county in the State
shall be, and he is hereby, constituted the Superintendent of
Common Schools within and for his county."
Although it may appear strange that the assessor should have been
entrusted with the headship of the county school department, it must
be remembered that in this early period the duties of superintendent
of schools were few compared with his activities at present and did
not require the full time of an official; furthermore, a very large share
of his duties related to the administration of the school lands which
included tin- sixteenth and thirty-sixth sections in each township.
I'mlcr these circumstances the assessor, whose regular duties took him
over the whole comity, was the natural one in whose hands to place
this work.
The office of superintendent of schools was made a separate and
distinct office in 1855. Idle act provided that a superintendent of
common schools should be elected in the county a! each general election.
The term of office at that time whs fixed at two years/' According to
t he act it was to lie his duty :
"First. To visil each school in the county under his control, per-
sonally, at least once a year, and to exercise a general supervision
over the interests of Common Schools in his county, and give to the
School Trustees. Marshals and Teachers such aid and counsel as
may be important to the prosperity of the schools.
Second. To aid the various School Trustees in the examination of
teachers for public schools, and to see that the examination in all
cases is sufficiently riuid and thorough.
Third. To distribute promptly such blank reports, form-., laws
and instructions, as shall be deposited in his office for the use of
ihc School Trustees, Teachers and Marshals, and any other officers
en! itled to receive the same.
fourth. To draw his warrants on the County Treasurer in favor
of. and deliver the same to. the persons entitled to receive the
sann 1 : . . .
Stats'. ls.".2 : 1 17-11S.
Stats. 1 s :.:■: : ■::: ;.
Stats. IS,",." : ■::',].
78 COUNTY ARCHIVES OF CALIFORNIA.
Fifth. To keep on file in his office the report of the School
Trustees. Marshals ami Teachers, received by him, and to record
all his official acts as such County Superintendent, in a book to be
provided for that purpose; and at the close of his official term, to
deliver to ins successor such records and all documents, books and
pa pel's belonging to his office, and to take his receipts for the same,
which shall be Hied in the office of the County Treasurer.
Sixth. To make full report, in writing, annually, on or before
the twentieth day [of] November, for the school year ending on
tlie last day of October next previous thereto, to the Superintendent
of Public Instruction: such report to include an abstract of all the
various annual reports of the City Boards of Education. School
Teachers. .Marshals and Teachers, by laws required to be made to
the County Superintendent for the preceding school year.''
In addition to this he was to apportion the school funds among the
various districts in proportion to the number of white children residing
t herein.
This list of duties varied from time to time. The Political Code as
it now stands defines the general duties of the school superintendent
to be as follows :
1. To superintend the schools of the county.
2. To apportion the school moneys to each school district each
quarter.
■'!. To draw requisitions on county funds for expenses of school
dist ricts.
4. To keep open for public inspection a register of requisitions
showing the use of each school fund.
o. To vmif each school in the county at least once annually.
I). To preside over teachers' institutes in the county.
7. To issue temporary certificates to persons qualified to receive
them.
s. To distribute all laws, reports, circulars, etc.. to school officers.
!i. To keep on file the reports of the superintendent of public
hist ru<-1 ion.
In. To keep a ncur.i of his official acts and of the proceedings
of 1 he county hoard of educat ion.
11. To pass upon and approve of all plans for building school-
houses, etc.. in I iwns not having city hoards of education.
ll\ To appoint trustees to till vacancies.
}'■'>. To make Niich reports upon the condition of schools as may
hi' demamh'd by the superintendent of public instruction.
14. To mvserve carefulK all repot ts of school officers and
■ace >ciioi 'l in i tie count v once each vear
It'.. To re--oinmend and advise the local boards of education in
referetici' to tvc-M i m: federal aid in teaching Indian children.''
Annual Report. One of the important records of the office is the
mom! r-'pori in the superintendenl of public instruction. This is used
THE SCHOOL AM) FISCAL OFFICIALS. 79
by 1 1 u ' state superintendent in the compilation of his annual report.
While a large part of the information may therefore be found in
printed form in these reports, there is nevertheless much additional
valuable information of a local nature to be had from these county
superintendents' reports. The reports are compiled in printed form
hooks prepared under the direction of the state superintendent and
wary in the nature of their contents according to the ideas of that
official. In general they give detailed information regarding the
school districts, length of term, number of pupils, attendance, school
property, etc-.
In six counties — Contra Costa. Fresno, Marin. San Diego. Sonoma
ami Yolo — these reports begin as early as 1865; in .Mendocino. Sacra-
mento and Santa Clara they date from 1866. In nearly all the offices.
with the exception of the early years which are frequently lacking.
these repoits are complete, ['anally several years are bound together
in board covers, all hough in some counties they are tiled in their original
pa per covers.
Records of the Board of Education. Since 1880 the superintendent
of the schools of the county has been by virtue of his office the secretary
of the county hoard of education.'"' lie. therefore, has charge of the
records of that hoard. The most important of these are the minutes
of board meetings and. the records of examinations of candidates for
teachers' certificates or diplomas of graduation from the schools of the
county. The minutes of the hoard are usually known under that title,
lull they are also referred t" as Records or Proceedings. In several
counties the firs! dates of these records precede the year 188(1; most of
them. Imwevcr. begin at that date. From the date of beginning they
a re in ilea rly a II cases com ode.
Certification Records, The granting of teachers" certificates is one
of 1 1 1 - ■ nio-t important functions of the county hoard of education.
riu-M are issued either after examination or upon the presentation of
the required credentials from properly qualified educational institu-
tion^. Tin- record of this action may be found either in a Record of
Cei't iti at'--.. M entries giving the name, grade of certificate, date
issued, and period covered are nIiowu. or in the certificate form-hooks.
The latter are sfubdxioks containing the printed certificates. Th* se
form i ks ,;n\ according to the grade of certificates issued. Since
tin si ceri iiicates are usually left on file in the superintendent's office
ma r movei 1 from the >tub. in ca>e i if rem, iva 1
five . ■ ihe ■crtiiicate is taken out and given to the teacher.
The- documents im'-\ he of much value in ascerfainiirj the record of
,'.„i, i ssn : 41.
SO COL'XTY ARC1JIYF.S OF CALIFORNIA.
;i teacher's activity or other information regard in"' the individuals
concerned.
School Census Records. I'ntil lull the apportionment or school
hinds was made according to the relative number of children of school
age in each school district.' 1 To determine this number it was necessary
to take ;i crn.su> once a year of all children residing within the district
who were of school age. The records are the held notes of the census
nun-shah and the census report. The former give the name. age. and
other information regarding each child in the distrid and is arranged
in the order in which the information was acquired, it is therefore
usually by families: the latter is an abstract based upon the held notes
including the names of parents and children. The great value of these
records is readily apparent to anyone who has need of information
regarding population or in reference to the personal or family history
in the community, L'nfortunately. the records have usually been con-
sidered of only temporary value. In no ease were they found to be
complete. Since lull the apportionment of school funds has been made
dependent upon actual school attendance rather than school population.
with the result thai the school census has been discontinued.
Reports of Teachers, Trustees, since In") 2 the superintendent has
been required to keep the reports of teachers and trustees and to compile
from them the information for his annual repori to the state superin-
tendent, (nfortunately. as a rule these school district reports have
not been kept. In some cases, however, they are still to be found for
early dates ami furnish very valuable information regarding the begin-
niiiL! and il'-velnpnienl of the school system in rim places concerned.
Examination Records, since one of the chief duties of the county
boa I'd of education is to examine into the qualifications of teachers
and candidates for gradual ion tie 1 records relating to ibis sub] -i
Usually kepi in separate Ir.oks. The examination records contain tim
names of those examined with the grade attained in each subieu in
i; ihr\ ivciv examined. This applies both to tin- examination of
teacher and pupds. In some cases tiles of examination oiiestion.s are
s. rv d and in ol hers tin pa pers are still be he imii'd.
Journal or Record of Official Acts, since 1^.12 the superintendent
has been i'-.pdrod to keep a r ■ u'd of Ids ohi al ,.• ts. This is presum-
ably ; •(! is 1 ii In in.s'-i'ibed; a rep i) t of al! 1 Im a-: iv:t ie-
of the sii ■:■ '. ndeut in the d s.-ha "_m his oilicia] duties. This bonk
: .■ ' . [ts value i impm-
I ' -1 ases ii ' .. form ol' a ilia r\ or
THE SCHOOL AND FISCAL OFFICIALS. 81
journal and hence is called a journal. Although many of these books
are merely perfunctory statements of official business some of them
are of great interest owing to the fact that they are written in a I'orm
which gives an insight into the activities of the superinendent.
Financial Records. Records relating to financial matters are to be
recognized by their titles as Register of Requisitions, Register of
Warrants. School District Ledger. Superintendent's Lee Book and
Teachers' Retirement Lund Record. At the time of the adoption of
the code in 1872 the superintendent was required to keep a Register of
Warrants showing the fund upon which the warrant was drawn, its
number, to whom issued ami for what service, together with a receipt
from the person receiving it. 7 In 1880 this was replaced by the Register
of Requisitions which is essentially the same record/ In some counties
both records are kept. The nature of the School District Ledger is
evident from its title, for it gives under one heading the financial
condition of each separate district or fund. The value of these records
is not confined merely to financial matters, as may be seen from the use
made of them of recent years to establish the facts in reference to the
term of service of public school teachers, such a record being most
necessary in connection with claims for the teacher's retirement fund.
By an act passed in 1913 teachers are granted a pension upon retire-
ment after a specified term of service. The fund for tins purpose is
raised by levying upon the monthly salary of the public school teachers.
A record of lids fund is kept by. the superintendent.
THE FISCAL OFFICIALS
'Idle fiscal officials— auditor, treasurer, assessor and tax collector-
have under their control a great mass of records relating to the financial
end of the county government. No1 only will the person studying
problems of finance find these records useful, but furthermore the
seeker for general historical information is often forced to refer to
records of this character in order to verify a fact, or transaction, even
thouifh it be only incidentally related to financial matters. For this
reason, notwithstanding the fact that they are only incidentally record-
keeping officers, they have been included in this guide to county
archives, in the belief that the addition of these officers will be found
useful to many persons who desire to use the archives.
THE AUDITOR
In all financial matters the archives of the auditor are most impor-
tant, for aithoiiuh \\ i{ < treasurer is custodian of the money and the
U-..1. t\„|c i ! ^:: i. j 1 ." UI.
■( "(hi.- Annlis. i ssu : ::i.
^2 COUXTY ARCHIVES OF CALIFORNIA.
assessor and tax collector are closely connected with the raising of the
county's revenue, it is the auditor who is responsible tor all money
received up paid mil in the name of the county. He dues not himself
handle the county's funds. hu1 is entrusted with the responsibility of
seeing that these funds are used in a legal manner. He has. therefore,
records dealing with all phases of the financial affairs of the county.
In many rases these records duplicate similar ones kept by the treasurer,
tax collector or assessor and not infrequently records once used by these
officers are deposited with the auditor after they have erased to be of
immediate use to their particular office. For these reasons it has not
always hern possible to distinguish records winch have originated in
the auditor's office from those of other officers. On account of the
similarity of the records these errors, however, are unimportant.
Assessment Rolls. The assessment roils usually occupy the greater
part of the other of the auditor since the law requires that after these
hooks have been made up by tin rbM'ssni' and the taxes gathered by the
rullector the hooks shall he uiven into the charge of the auditor. In
general these are divided into original, duplicate, delinquent and per-
sonal property assessment lolls. The>e are re -ortls covering the whole
e.iiinty. In addition t () these are to he found special books for school,
sanitary, irrje.it ion. .■)• lighting districts, and towns. Accompanying
the assc.xsinem rolls there are usually one or more volumes of indexes
to the name- of pri i] icrty ownei s.
The or uimd a-- ■-■-. m in rolls ■ • of value in showing the distribution
of prop! rty ami the development id' property values. In about two-
thirds of thi' rouiitio these reeoi'ds have been found for the first years
of tie- organization of the county. In the early years the records show
.' the a— .(--or 1 o particular pains lo set down in detail the exacl
nature of tic prop! re - well ;.- ':-- iotal a-ses.M'd -value. When this
• ..- ■ ' in assi->si a-'- i-olU pai ' !: of tl | fan annual censu>
of a u iT'iiit u i'a I ami i m I u.-i ria I pfoducls. The published report.-, of the
»iate - ,!■ ei :;■ '•; I befon Isxi: ,_,; V( . midi of [his data in statistical
tahles. hut tiir ii'.M'^iiii'iil roll-, ari \'.duah]i' for distributing the amount-,
\"ariou> i \ 'a lual tax pa\ its. and for this reason
are vry\ ici'iil to one whu m ■ -,,]■■•-, ;•> make a detailed smd\ of any
m'ty. In f !y. iluring reeen I yea rs it has
hc-oii :j.e ic!ii|fiii' for ussr, n ies'-ribc the property only in
mmm al ■_■ ' ■■ ' ■ >i a ' ' >f real esiale. improvem : :' -
• r-v -Ha , n ;■■ 'pri't >'. ! ; ' h ■- ] ■■-- \- inite in forma; ion
Bonds. Since tie ureal par; of' 'he money spent by the county
-i-ao ■!-,. i u > ays. etc.. is raised by means of
lb. ■-: of .. — .i... a record of t!n--e i- kept bv the auditor. This record
THE SCHOOL AND FISCAL OFFICIALS. 83
is frequently in the form of a register, which gives the rharacter and
denomination of the bond, name of purchaser, date of maturity, and
date of sale. hi addition to the register -it is. usually, the custom to
paste in scrapbooks all interest coupons as well as the canceled bond
itself as s on as they have been paid by the counly.
Care of Dependents. The county assists in the care and support
n!' those persons who through unfortunate circumstances are unable
to provide For themselves. In the administration of the funds dealing
with this matter several record hooks are to he found in the county
archives: among these are hooks relating to the county hospital, aged
indigents, and the support of orphans and half-orphans. The former
relates to the county hospital as an institution whereas the latter deal
with individual cases which are wholly or partially supported by the
county and state outside of its institutions. _ They frequently contain
much information regarding the dependent persons and their families.
License Record. Licenses, unless determined by statute, are fixed
by the board of supervisors and collected, in general, by the county
tax collector. The auditor, however, keeps a record of all licenses issued
and of all funds received from the sale of licenses. In some of the
counties the license records are practically complete from early dates
and may be found useful in tracing the development of those lines of
business for which a license has been required.
Tax Sales and Redemptions. The subjeci of tax sales and redemp-
tions of land sold for taxes is too great to be handled here. In the
discussion in relation to the archives of the recorder the subject was
quite I'ulh considered.' 1 The more common titles found in the auditor's
office are: Record or certificates of tax sales, delinquent tax record.
and redemption of land sold for taxes.
School Funds. Records dealing with the school funds are found
in the offices of the superintendent of schools, the treasurer, and the
auditor. On account of the fad thai all three of these officials are in
some way concerned in the transaction affecting school funds it is diffi-
cult at tune.-, to distinguish the book's kept by the separate officers.
Since one set of records is a check upon the others they must of neces-
sity be wry similar. The fact is thai in many case.-, ihey are practically
identical. These records relate to school bonds, school district funds,
teachers annuity fund, apportionment of school money, warrants.
superintendent s fee boohs, and others of a similar nature.
Warrant Books. Records dealing with warrants are of two kinds:
1 bie a register of warrant-: the other a record of registered warrants.
The former is merely a record of claims paid bv the treasurer, usually
84 COUNTY ARCHIVE? OF CALIFORNIA.
showing tin' name of the claimant, the amount of the warrant, the
nature of the service by which il was incurred and the date of payment,
with tile signature of the claimant as a receipt for the amount. The
record of registered warrants relates to those; warrants which have been
presented for payment when no funds were available for meeting the
amount of the claim. In this case the warrants are registered and
paid, in the order of registration, as soon as money is available in the
fund against which they were issued. In actual practice the term
Register of Warrants and Registered Warrants arc often used indis-
i-i'im inately.
THE TREASURER
In addition to those records which have been considered in the treat-
ment of the auditor's office there are others belonging more distinctly
in the office of the treasurer. For the purpose of keeping a record of
the transactions of his otfice as well as a check upon the different funds
belonging to the county, the treasurer lias a number of general record
books including a cash book, day book or journal, and a ledger.
Although records of this character have been kept by each of the
counties from the date of organization an examination of the archives
reveals the fact thai noi all of the books have been prcscived. Many
of the early volumes have long since become destroyed or lost. On the
other hand, due to the careless use of the loo.sedenf system, many of
these records for reeeiii years are in danger of being destroyed at any
lime. The rub- should be rigidly enforced that as soon as a volume of
a loosedeaf record has become i-ompleted it should immediately bo bound
in a permanent manner am i properh labeled.
Inheritance Tax Records. In I >!•:'» the legislature passed an act
establishing a tax on collateral inheritances, bequests, and devises.
The amount of liie tax was determined by the markel value of th-
estate ur fixed b\ appraisers appointed by the court for thai purpose
1 lie tax was eolleeied by the counly treasurer and the money thus
acquired paid ovr to the controller twice a year. The probate depart
incut of tie superior 'ourl ■■ tains reeords relating to the property
of il 'jixol persons and with them reeoi'ds relating to the inheritance
tax. Krmii '.lib ciurl the ti'ea-ui'er is also furnished with a record of
•■nl- n order to a>-sis: him in collecting the proper amount
of the ia\ li' "e pis of all money paid For taxes are kepi by 1 !]■■
' 1 1 asiirer.
School Funds. The treasurer's i ords in reference to public
sc| m'Is are of a twoi'i'hl '-ha rad e;' : Those relating to the administration
THE SCHOOL AND FISCAL OFFICIALS. ' S ->
of school funds: and those relating lo the sale of slate school lands.
I'ndor the former heading are to be found school district accounts, cash
'hooks, and ledgers ; records relating lo the bondine, of school districts;
and those concerning the teachers' annuity and retirement l'\iw\.
State Land Sales. By action of Congress (he states were given
control over a large part of the public domain. This included the
sixteenth and thirty-sixth sections in each township, in addition to
another 500.000-acre grant, winch were sol aside as school lands.
There were also all swamp and overflowed, tide and salt-marsh lands
within the state. Since payments upon lands sold by the state were
made through the county treasurer the archives of thai officer usually
contain separate records dealing with the sales of public lands within
the county. As mosl of this land was school land the record most
frequently found is in reference to the sale of school lands, in addi-
tion to these, swamp land books are frequently found. These books
are often valuable records for anyone making' a stud\ of the land
question or the early settlement of the region.
THE ASSESSOR
The chief function of the office of the assessor has always been in
determine the value of property subject to taxation within the county.
In the end that the taxes of the county may be equitably distributed
among the property holders. In addition to lids (ask he was. during
the earlier years, given other duties which now fall exclusi
officers. As seen in the section regarding the duties ol !erk. the
assessor was required to assisl in She registration of voters. 11 This was
doubtless due to the fact thai his c,umt\
him in ennfad with a very large portion of da p ipulaiion. This was
an important consideration in (he days win n road? few and pour.
A more peculiar function was a ic assess^
the years from ] + '>'■! to 18do when lie was madi x-oj'ii
intend cut of schools.'- There is so iii i h- in coin mot 1 . ...
the value of taxable properly and supervisum
1 hat t his continual ion of offices seem.*. •
bered that during these years the oduoati
in a veiw ■ mbr\ on ic si a
on 1 he ol her hand urea I amounts of sej ' i im < ■ , ; ill t
Were yd unsold. \'o one w a , u
and slal us of (lie ow nersh ij) of i in
The duties of the assessor are such to iceords
archives. Mi-- chief work is to levy a--ses-
'Abevi . ].. ::j. 11. I v
s »; COTXTY ARCHIVES OF CALIFORNIA.
I'uimiy. the results being incorporated in the assessment rolls which,
after being used by the t a n collector, are finally deposited in the archives
of 1 1n- auditoi'. hi order fit assisl him in making proper assessments
I ho assessor frequently has a number of records which are themselves
of value 1" the research worker.
Assessment Statements. Statements or affidavits made by property
owners in regard tn the ownership and valuation of their property
form a lariiv part id" the records of the assessor's office in many of
the eotmiies. F 1 1 iivi counties Calaveras. Humboldt. Mendocino. San
Joaquin and Yuba these records date back to the fifties and sixties.
In the oiher counties they are relatively recent, the earlier lists having
been destroyed. The information contained in these statements is
sii , lar to that of the assessment rolls. The field notes of the assessor
and deputies -iT\v a- a i-liecl< aLrain«<1 these statements.
Land Office Returns. One of the meihods by which the assessor
["•s inforna d : n l'i ;■■ n ■ ■ 1 ■ ■ imcs in ownership of lands is by
si curio l: report- of palenis issued by the federal and state land offices.
A r<'cord of this character is to '■■.■■ found in aboul one-third of the
lie-, !' .•;• id'-s d form in ' \-e n biriif ioo-odeaf sheets containing
,! " ! st of !; • ! ni r I--, h ,u ud V"!um •■• i'l'i' record under town -hips and
-•■ •■ o -. ;: ■ . : a c;ird i'li -y-t'-m. When access can i:oi he had 1 i the
nOic I- ' ; ;• i\'.- 1 ] -c records ;[]••• Useful ill lliat tel'S | )('!'-
tainum to the --U tl-'iii'-n", and oo mo-ship of land.
Foil Tax Records, H Tore llm abolition of the poll tax in l!»14. the
;----.• ;i t la ' • of .-i illect ino this ta •;. This was a
i d ■ y !::■■ >Tate uj in ■ .■■'; fd'le-bodied man between the ages of
t weiit y-on- a mi >i\ p\ I'm lie T mTl of i lie state -i-moo1 fund. Ill ci m -
i -el ion '•' thb . as ; • fill; 'ad tax levied by the hoard of
'-or-. Tii ' 'ecu rd. s p-bit iim' In these taxes consists
ejeetty j: 1 !■■ ■ ;■ |'| ; !'U -id J inUl.e- of M 1 1 - 1 1 re-idill _:' W]t hill the colli it V at
of * h ■>■•• .'I'd. A- i " .■ : re h'-s c implete and are less
■ pod i;i\ ji ,.! 11( j ,! ;. o [j, .] i . {« -t i between the a u'es speci-
■■ ■ 'oi- '<■'■•■ ■ 1 names n.ii found in the
Maps. - si-d by he iism'-nsiii' in keeping
o uenl ly of considerable historical
com : i s. the; have been preserved for earlier
■ > n plats, map- of districts within
eaos ,,f ori\-atc ranehos or holdings, ["ufortnnalelv.
THE SCHOOL AND FISCAL OFFICIALS. 87
hut few of the assessors make it a point to preserve the older maps.
In San Diego County an effort is made to obtain copies oil all maps
relating to the county or of land surveys within the county. The result
is a most valuable collection of maps and surveys of value both to the
research worker and to the officials of the county.
THE TAX COLLECTOR
As is implied in the name, the chief function of the tax collector is
to collect the taxes for the county. Some of these, however, as in the
case of the tax on personal property unsecured by real estate and in
former years the poll and road tax. are collected by the assessor.
By a constitutional amendment adopted in 1910 the state and county
tax system was divided, the county receiving all funds from taxes on
general property, the state being supported by a tax on corporations,
in addition to county taxes the tax collector gathers the tax on all
public corporations outside of incorporated cities and any other general
taxes required by the state. lie is also required to colled all count}
license fees as well as all state licenses except those granted by the
county clerk. In case the tax on property is not paid within the legal
time limits the tax collector is required to sell the property to the state.
Most of the records of the tax collector consist of cash boob's, journals,
balance records, ledgers, receipts and other books used by him to keep
a check upon the amount of money passing through his hands. Prom
the financial viewpoint they arc of value, but to the average research
worker they are apt to arouse but little interest.
Kor the purpose of collection of taxes the assessment roll for the
current year is kepi by the tax collector, tt is afterwards depos
with the auditor. All taxes which remain unpaid at the end of the
time allowed are recorded in a delinquent roll which is kepi by the tax
collector until the tax is paid or the property sold. The subjeel oil
tax sales and redemption oil properly sold for taxes has been considered
more fully in dealing with the archives of the recorder.'"'
The license records, since they include all counly and state licenses
for saloons, peddlers, merchants, auctioneers, etc.. arc in many cases
of value and interest since they give an index (o the amount and kind
of business done throughout the county.
The records of the tax collector are not usually looked upon as
of more than temporary value and. as a result, it: is seldom that fuil
sets of records are still to be Found in the archives. Many of the tax
collectors deposil all books with the auditor or in seine storeroom a-
soon as their immediate usefulness was passed.
; - Above, pp. ", i i;:;.
U-'in nun i.M O
UNlA
SANTA l
INDEX.
Acquisition of original title, records relat- 1 Certification records, record of certificates
ins fo. 51 54. issued )o teachers, 70.
Actions, description and importance of J Claims, land. 51. 52; pre-empt ion or pos-
rogistcr of. 124. scssory. 52 : mining, 5:;.
Adjacent counties, brands of, (>.">. Clerk. 15-45 : general duties. 1."). 10: court
Agreements. 00.
Alameda county. law regarding squirrel
claims. 02.
Alcalde, office of. 50: powers and duties,
50. 7)\ : records. 7,1.
Allowance nook. 27.
American conquest. IMC 48 ; records re-
lating thereto. 7,0.
Annual ropori to superintendent of
schools. TS. 71).
Architects, record of licensed. GO. 70.
Archive space, economy in. If].
records. 10-21: supervisors' records,
24—29; miscellaneous records, 29-45 :
duties as clerk of board of supervisors,
27.
Colored inks, not permanent, 0.
Commitments for insanity, description and
various t itles used, 22.
Contra Costa county, squirrel claims. (i2.
Copying of records. 11 : photographing of
records. 11-12.
County court, history and jurisdiction, 17:
superseded by superior court, 1880, IT.
Archive study, practical value to record Court records, history and organization
keeper. 2: ro taxpayer. .">. of courts. L(i— 20 ; records described.
Archivists, training of. 14. 20-21.
Articles of incorporation. 42. Courl of sessions, history of. 17. IS:
Assessment rolls. 82. jurisdiction. 18: duties under law of
Assessment statements. SO ; orders of can- April 11. 1850. 24. 25.
collation of erroneous assessments. 28. Courts of first instance. 50 ; records of, 51.
Assessor, duties and records. S5-S7. ! Heaths, register of. 07 ; registration by
Assignments. 57. 58. state bureau of vital statistics, OS.
Astle. Thomas, on importance of good Decrees of distribution or partition. 55.
inks. t;. ' Deeds, 54. 55.
Attach nt s. 02. ! Delegates elected to conventions, records
Attics, for housing public records. 5. of. 39.
Attorneys, roll of. 20. | Dentists, register of. 41.
Auditor. M \|; importance of records. Dependents, care of. records concerning
si S2 : records described, 82 84. county hospitals, aged indigents, or-
Banking records; assets, capital. 70. phans' and half- orphans, S3.
Bartlett. alcalde, ledger for 1,840 47
San Francisco archives. 50.
Hasemeius. for housing public record
>esi rucl ion of records. 1.">.
Discharge from state hosiptal. certificate
Binding of records. 11. \ District court, history and jurisdiction of
Births, records, 00 (iS ; register of. 07. 1.0. IT: records required to be kept. 17
Board of education, records. 70. superseded by superior conn in ISsii
Hoard of supervisors. »sVc Snper\'isors. | IT.
Bond and surety companies. 12. Distribution, wills and decrees of. 7,7,.
Bonds. S2. s;; : r ,.,-ord f official bonds.; Docket, 21: execution docket. 21: judg
T3. Tl. ment docket. :_•">.
Brands, and marks, 04 05. Documents and records, repair of. Hi.
Buildings, fireproof needed for public
records. I : conditions in ( 'alifornia. 4.
Burial of ex-union soldiers, sailors and
marines. 27.
Burial permits, i!!>.
Business concerns, records of clerk p
taining to private. 12, 43.
( 'alendar. a court record. 20 : seldom ])
smwed. o| | Flection returns, provisions tit act ot
Canvas. 'be,,'er ,ban leather for binding! 1850. 37 : later amendments. 37. 3* ; no
longer ] .'reserved, 39; result ot canvass
found in minutes of supervisors. 39; for
;i Dorado county. lost records rooovore !.
'lection expenses. statement tiled by
candidal* - and committees. TO.
; Klection records. 40: Napa county.
"Begister of persons voting and when."
1S70 7S 10.
Ceil
School and Federal
Cemetery associations, rural. 42.
1 fumboldt county. 185.'! ,2. 39.
Elections. .".7 b'.
MO IXDKX.
I-'ii<-M!iil>r;tiii f title, transfer and. -"VI >'■'.). i Indigents, records coiicerninu a^i-d. s.'J.
Fotta li/a : Fn records. 2s. | I nlif >rit JUico lax records. v 4.
Frrouoous assessments, orders of cancel- Inks and their ell'eot on the permanenc.v
liitiou of. 2 s -. of a record. •'» : Thomas As;].' on iin-
Fstrays. a-i- re:rardin:r, • *>•". IW>; isirny portanoe of. i"> ; investigations of
!ii-nks. ii."i : estrny and lost property Schilling and N'euinann. '1: of Com-
1 k. i.ii, inonwealih of Massachus t;s and
cords. S<>. I 'nit ed Slates Tr •:isnry Department. 7 :
Mxeention liiiu!;. 21 : execution docket. 21.! inks used in ('alifornia archives. x : ink
Federal i-< nsus returns, laws re'-mrdimr. i tests. v : colored inks not permanent, 9.
I.".. II: preserved in what couiiiies. 44. j Imptests. -'■).
!''-e I,. inks of recorder. 71. ! Insaiii; \ . cmmltmcnis. 22 : cert ideates
Fici hious names, provisions of acts re- J of diseha ru" front stat ■ . ■ isphals. 2.'J.
^ardiiiL' linns und'-v. 4!!. fits fa de-leaf record 'looks. 12: com-
pile or jui'u'tne'i ' roll, contents in civil I plaints r> a/ardlim in iiscal oiiices, I.'!.
Fire da e.u-er ni' ;n ('nlif.'rnia courthouses. I Judgment hook. 2:;.
Firms under iietitions names. provisions Jud^m in roll. 21.
of acts i-i-LiardiiiLT. t.'!. i Juduni'-in s, tr i -■■:'. ■ - <•;'. iiM.
Fiscal officials. H ^7: auditor. M-M: "Jimk." term often hnprot.erly aptdied to
tr ■::■■•. d v.; asse>.-or. S~ s 7 : -, :IX I vmidiseardod records.."..
: 'i.-hin ns.-s. . ■ i:d. '■>>. r ■ ..rd. 2 1.
Franchise 1 k. 2*. i Justice court d. ckets. 4 1.
Iittihlimi^ should In fireproof. »i. \ Laud claims. ."1. oL'.
i M'lieral iiidi'X. to suits. 22 : fecnrd- r'<. 47. r.aml i;i\uii records. 2 : S-iani.-d
< lo'd era. I^IH ."..•►. r><>, 'A : powers a ltd : ranrs. .".2.
\- of lv.;.;. :il: dese; iptiott of. :U: I Lend saLs. state, s" : :,-hn<<\ Fad-.. ."2:
!'.»:.".. :!>'. : ilisc.ii-t: '
s'raii"ti atfidnvits, I'.mi
Mhi : ; ;■
r,s : declaratiiiti ■ !' ahandonmonl of. •">. ; .... \,,^.
INDEX.
HI
Mjilcr;.-! N used in record making, need for j Pharmacists, laws of 1^'.)1 and P.M.i.1 re-
'■niv in their selection. (5-10; inks. 6— garding resistor of. 41. 42.
9; paper, 9-10; stamp pads, 9; type- Photography as a means of recording
writer ribbons. !*. docninents, arguments in fuvor. 1! :
.Medical certificates, record of. 40. arguments against. 12.
Mexican regime, collections in archives of Poll lists, only oflieial register of voters
Los Angeles and San I'h'anoisco, 40 : between is. 10 and 1S00. ."J.'!: clianges
■•Record of Official Acts of Thomas O. made by Registry Ad of istiti. :;:; :
Parkin" in Monterey county archives,! abolished by Pol. (.'ode of 1872, 34.
10. j Poll tax records, SO.
Military rolls and military tax. provisions] Possessory claims. Sc Pre-emption,
of acts from 18.10 -03. 30; provisions of Pre-emption or possessory claims, separate
of LS72. 31.
record kept since 18.11. 12.
Mining claims, .13 ; mining district records, Pro-statehood records. 48-11 : records for
13. early Spanish period, 48; Mexican re-
Minutes, of the courts. 24: of the board; gime. I'.i : period of American conquest,
ot equalization. :.'S : of supervisors.
'.alee to historian. 28 : canvass of elec-
i'" urns in super\ isors' minutes, 39.
Mis:-. -Man is records: of clerk, 29 II: of
recorder. (59 -70.
Moisture in vaults removed by unslacked
lime. .1.
1S40 IS. 10: Cold Era. 1849-10, 10-
.11.
Primary election law of 191 1. 30.
Private business concerns, pertaining to,
42. 43.
Pre!. ate eases, jurisdiction of district
court. 10 : of countv court, 1 7.
Monterey. Spanish iirchives.n1 Salinas, 2 ; Probate court, created in 1851. 17; his-
Larkin papers. 2: records concerning tory. jurisdiction. 18 ; superseded by su-
illest. .i<>.
perior court in 1880. 19.
Americ .
Mortgages, iids affecting leases and. 17. | Probate records. 10. 17. 19.
Xapa cotintv. "Register of persons voting Public health, records of clerk. 40.
and when," ls~ti— 7 s *. 40. I Public improvements, lien for. 01.
Xaturalization. umler jurisdiction of dis- "Ilecord of ("aims Allowed.'* 27.
trie court. 17: under superior court, Ilecord keepers, practical value of
records re- study to, 2: training of. 14.
Ilecord paper, iced for careful Seleoih
quired by law of 190(3. :
Xogm and Indian slavery mentioned. 2. 9.
iiles : in recorder's office, act ! Record ;•. HJ--T* » : goi
of l s >i'2, 7! : in countv clerk's office.
rds. 48
d ! s -7i>, i2 : in public ! lat tusr to pron-rty
:; irarie ■. an of IP/i'i, -'.].
N'ominai ion. e um :<■ •< of and nomina- 00-70.
i;i ■ ■•-. •'..' : provisions of law of j Rec i'.i-.
1011 regarding record of nominations. Ped.'iupi
ions. tax
of actio:
■ ' .
>ut i: ■• and genera 1 dm ies of < -!e
, ',;;,
< l!
1'homas ( ). Par! in.
■hi\ -. ■"<>: suoe]
0. -1.
s'ec P.onds.
1 1
1 14.
((.■pilars and Imlf orphans, i
em'uhtg. V.'J.
-. r. i-.is|. v of. 1 I.
< (verllow. d lam's, swamp and
I lysl. r |„.d.s. 1 !.
Pa-" a' i i-(1— . n 1 ,,:' e:i
'■:.:•
:•: ;,ap.-r u-.m! in t'afifnrn
Kl
!'
'load r-e , ■'-. l;S-29 : r. ad
I; ' iU-o-eeys ;Ml.
Sa.i
Sab
us i. (I.,
do, -d books. 03.
INDEX.
Tax sales, ."s : provisions of acts of lS-~><>.
ls.'l. 1S52. 1S53. 1S57. 50: of 1S01.
Pol. rod.. 1<72. 1S95. OCMVL: of 1013.
01.
San Francisco. Spanish archives at, 2; Superior conn, organization and composi-
roeords relating to Mexican regime. -19; j tion, 19.
records concerning American conquest, j Supervisors, hoard of, created for county
5u : hoard of supervisors created for of San Francisco. 25 : for all counties
Sen Francisco county. 25. of the stale. 25; powers and duties hy
Santa Cruz. Spanish archives at, 2. law of 1S55. 25. 20: additional powers,
Satisfaction. 57. 5S. 20: duties of the clerk. 27: records,
Schluttig and Neumann, investigations in 27-29.
regard to inks. 0; formula for iron tan- , Surety companies, houd and. 42.
it, inks adopted hy Massachusetts and Surveyors, licensed. 04.
hy Tinted States Treasury Depart- Swamp and overflowed hinds. 52.
nient. i. Swan. Roheri T.. puhlic record commis-
School and fiscal officials. 77-S7 : super- s ; nor of Massachusetts, investigations
intendeut of schools. 77-S1 ; auditor. concerning inks. 7.
s i ~* ; n-easurer. 4-v,; assessor. ...)- rp ax co ]j ecTOr _ duties and records. 87.
v ' • !;IV '" lu1, '■ Taxpayer, value of archive studv to. 3.
School census records. SO.
Selii .n] funds, auditor's office. S3 ;
tin r's office. s_4, So.
Schooi 1: iid wit rrants. 52.
S — ions, conn of : hisl < irv. 1 7. 1 s : ,
,. . . , s .,. .,- ' Tax sales and redemptions, auditors
SlaVe'rv 'i,ap-"s.' 'n'eniioned. 2: where records. S3
. ■, i , Tax suits, iurisdtction of district court
id. i4.
Soldiers, sailors and marines, hurial of ,'''•''• , - ,
Teachers. r< ports ot. s. i.
Sole irad-rs declarations. 7 1. 75; saint do Title, acquisition of original. . ►!--_> 1 :
r , lltrv 7.- transfer and encumhrance of title. .>4-
Souoma' archive-, ivcrds cited. 50. 0-°> : register under Torn ns system. 5U.
Soa.e i-o.uiired for archives, need of Torivns syst-m. provisions of law of ISO,.
inm ,iy in. 13. 55. 5f; : changes in Jiiw. 1915. 50: land
s liish I'chives at Los Angeles. Salinas. register docket. 55. .>r>; register oi
San Francisco and Santa Cruz. 2. titles. 50.
Spanish and grants. 52: mentioned. 2. ■[• raining of archivists. 14.
S' . ■: i-1 peri ■> '■. inij " ■:■:■.••. f records for. Transcri]ns on appeal. 24.
I 1 - : in Monterey county archives. 4 s -: Transcripts of judgments. 03.
in San Josi' archives. 49. Transfer and encunil ran -e of title. .".4 03.
Special partnerships. 75. Treasurer, records kept hy. S4-S5.
Si| iri-'d claims. 02: in Alameda and Trustees, reports of school. M).
i'.»ntra Cost; c..uni ; 's, 02. Typewriter rihhons. 9.
St !i ,i; r.'-ist.-r. 70. Fnited Slates Treasury I >epartment. ink
record-. 9. Vaults hut linh used. |.oorly lighted and
S notai-d ink. -eiiei'a! recuireiuenis. .: ventilated. 5 : sun-estcd r-medies. 5.
• ' '■ "• ! \',.riii<-aiioii d. unties. 39.
■'■ '•' . . . . Vital -tati-lics. I!"
1', eor.
I'd. Cr,
:' p. I'mi-s. t;o,
d verrants.
m hy t W
e offiee. Is.-,.-,, W
!. Cod, . 1015. \<
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