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 l1 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 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 ' 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 . 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 :.~.1 ri ,s,V/. ; fill. 'i'.mC ('l^fiif.'V tnjL'-lusV : sens. I w: :2!i!i 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 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. rey an a<). 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;, 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>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< 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 hy 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 !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, |: '■"'Stats. I'M 1 : 77i> ; I !U (i i rxtra s'essien) : \ C "Slats. ISilT : n. r > ; 1 S!l 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 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 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 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 :. 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 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 ■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 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. 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- ■-,. \. 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. \< UNIVERSITY OF CALIFORNIA Santa Barbara College T ihrarv University of California SOUTHERN REGIONAL LIBRARY FACILITY 305 De Neve Drive - Parking Lot 17 • Box 951388 LOS ANGELES. CALIFORNIA 90095-1388 Return this material to the library from which it was borrowed. 3 1 205 00363 8895 ¥i