The daily Argus. (Rock Island, Ill.) 1873-1877, 1874-11-27
r.tine Of Abstracts and Certified Copies Of
Records ~ Circuit Clerks.
The following opinion Of the attorney
general as to the duties Of circuit clerks in
this state is promulgated; z IT,
ATTORNBY.GENERAL's OFFICE.
CnpyynvrvI.D. Ill. Nov. H. 1874. :,

this state is promulgated;
ACCOMPLISHMENTS OFFICE,
sPnINssIElD. Ne No ,,o II, rs' Dewitt
Stephen +. Carter ESD states Attorney
SIR: Your letter Of the 18th ins aa 6, =
received, asking my opinion uP 1on , ren,,;re
tbo c;rc,,;t clerk to account to the county
S ino Sor making certified copies OF records
ood a .hs,racts Of titles, or does he have the
anu r;oht to make abstracts Of title that
s saher nersons have, and retain the fees 30
collected and not account THEREFOR ,.l
It is the official duty OF the circuit cie 1A
and ex-oficio recorder Of deeds, to make IKE
certified copies Of the records OF his omces s
for all persons who demand the same anu
nav therefor such fees as are prescfipeu
BY law. LRecised Statutes, 1914 pp'
Such services are strictly official. and an
fees collected therefor by the circuit CLERK
should be reported and accounted Tor 10
the county board, as required by the stat
utes. Ibid. p. 25l, sec, 81. -,
Abstracts of title to real estate, maze
out in the usual form, are not mere copies
of the record, but consist OF memorada
taken therefrom, in such manner as 70
show the character aud suficiency OF the
records so far as the same bear upon the
question e title. Any person possessing
the requisite legal knowledge and skill has
the same right to make out such abstract
nc the circuit clerk and to have access 10
the public records for that purpose.
Where abstract books are kept as au-
.,or;zed bv section u and 10 of chapter
M nf tho Revised Statutes of 1874, PIP.
sa4-5 such books would constitute a part
of the records of the recorder s otflce, ana
il would be the official duty OF the CLERK
and er-oficio recorder to make certined
comics of the entries upon such books TOT
those who require the same, and pay the
fees prescribed therefor by law. Fees col
lect.d for such services should be account,
ed for the same as fees for other .oificlal
duties But mere transcript Of the en-
tries required to be made upon the abstract
books rarely constitute sufficient aos'rac'
of title. =,
To makes such abstract would require
an examination of the recorded deeds ana
other records affecting the title ana tht
exercise of q sound legal Judgment as t
their suficiency, with q notation OF all de
fects therein and irregular or peculiar tea
lures thereof There is no law imposln
such duties upon the circuit clerk and e.
ofbcio recorder of deeds, nor prcscrlbln
anv fees to be charged therefor. II /
performs such services he must do it IN h
personal and not in his official capacit
If he we're guilty of negligence in mak'l
such an abstract, whereby third parh
sustained damage. the sureties upon ,
official bond would not be liable for Il
same.
This being the case, any money receive
by clerk for such services cannot be +
garded as official fees, and the law does
require the same to be accounted for
such. The circuit clerk has the same rig
to make such abstracts as other persons
he has time to do so without neglecting h
proper official duties, but not otherwis
The statute provides that the clerks .shi
in all cases attend in person to the duti
of their offices respectively. where it
practicable 50 to do; and shall perform q
the duties thereof which can reasonably
performed by one person Revised Sta
utes of 1874, p. 26l, section s. l a
very respectfully,
JAMES X EDsALL,
Attorney.t teDeral