Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-01-04


Session z11o-Fof the purpose Of re
sordfng deeds and os6sr instruments O
writing By Law required TO be recorded
the osunty auditor E1st procQrs sool
books for records as the business Of hil
of.soe req aires. bat orders for the sam
must nrst be obtained from the Boar
| OF Coonty Comnisslonsrs- he has %,
sostody # and must keep all books
records, maps and papers deposited IL
nis otace- Section Z7s7-Hs must. upor
t5e paymeni of his fers for the same
record separateiy, IN large and vel
I oo1nd SEPARATE books. in q plain hand
first-Dteds. grants. transfers anc
MORTGAGES Of real estate. releasing
mortgages. powers OF attorney 70 con
vsy real estate, and leases vhich have
been acknowledged or proved
ersy.
1hird-Msrriage contracts
Foarsh-Dfficial bonds-
Pifth-Seticss Of mechanics aud
other iians.
six.h-Transcript of judgmsnts
which by Isv are made iiens upon real
estate. notices of sttachssnts upon
real estate, and notices Of she tendency
OF an aefIoa affecting the title 10 real
estate. the title thereto or the possession
thereof.
Seventh -lAssrumsnts describing o..
relating 20 she separate property Of
married women.
Ei2hth-Psteuts to land. wnether for
donation, homestead, pre-empsion
ciNIins, 0r eash entries.
Ninth h-Saen ot9er writings a. are re-
quirsd nr permitted by lae " be re-
corded
10 make good record of any instru-
ment--t0 make q record which the Law
will recognise as any reoofd at all-it is
absolutely essential that the Auditor
coIDply with tho provisions Of these
sections In every Substantial particular.
These sections,in fact. define what shall
constitute record. and nothing outside
the ietinition is record in Law. Ev-
etything in the statute calculated 90
insnre preservation, to facilit ,te refer
enee, or give infelliaibility is manda.
tory. IL tie ofh,e Transcripts from the
original Is NOS In book, or is not in
the proper book, or is iileRibiy written,
It Is NO record. In other words, If if 10
cot made % compliant TO the statute az
TO serve the purposes for which tho
statu requires 10 TO be made, 10 10 of
no account whatever. Aud this - right,
for u Is the statute that gives any party
interested information of the plan ac-
cording 20 which records are TO be kept,
and Of the line Of search on which any
astice 20 Be given By record will be
found. Manifestiy, the design Of the
Legislature in the enumeration CON-
tanned 10 s-ction 272I Is oonvenisntly 90
classify the INSTRUMENTS entitled to
record. Tie Legislature commands
the Auditor TO record the instruments
80 classified ''in large and well bound
separate books- What do they mean
oy tbis languagel Do they SAINT hlaa
TO tske = separate large book for each
instrument! But II they do not intend
that sbsuFdity, what do they mean?
tnsy can mean bat this one thing, that
De Is g have = separate book or set of
books for each GLASS as enumerated
tue requirement 10 most sensible, and
10 Is absolutely essential ~ means OF
saving time, labor, costs and errors to
TO those having TO do with she coanty
records.
According to the provisions OF section
gI37, the bill OF sale at bar could only
nave been recorded in n book or set OF
books kept for the record of instruments
Of the ninth class; bus there Is no evil
deuce that IL was 90 recurded; the evi.
denoe is to the effeot tha: ID was written
In q book appropriated 20 Instruments
Of the first class. and nowhere else. Be-
csnse Of this, donbtless. it was that the
jury found specially the fact OF no re
cord.
But plaintiff contends that the mere
ding Of bill OF sale With the Auditor
should and does operate as recsrd Of
It. To support this proposition he ad-
vanoss three reasons: First, he says
that registration OF iustrsments entitled
70 record Is, under our statutes, q sys-
tem under which all Instruments stand
alike, 10 that whatever In cass of ane
sort Of instrument viii be sufficient 10
secuss the constructive notice proposed
by registration will ALA be sufficient in
case OF another eort. Next he asserts
that the reported cases hJld the mere
ding for record 10 be the same thing as
: recording so far rs 60 give notice 10
The xorld. Aud, lastly, be says that when
a person has hled his paper with the
Auditor he has done all he can do To-
ward registration, and Il wosld be the
sxtFeme Of injustice and hardahip 10
throw upon him the Consequences Of
the Auditors mIsprision.
will rsvieE these reasons in inverse
1rdsr. whether is Il more hardship TO
visit the consequences Of q failure 20
record OF q misrecord upon Innocent
,rsditors and bosa fsis purchasers or In
or upon the party whose
interest st Was 20 see 70 IL that . good
record was madsl
To make 3 good record is q ninisserial
duty Of the Auditor, 10 which be IL
By mandamus. IL 10 fails
in his duty. he 10 responsible on his sffi-
cial bond. Therefore I do not see
shsre there can b. any hardship of
shieh any one could properly com plain.
A nanber Of cesea are cited BY plaintiff
IN sustain bis position Sinclair Va,
Siawnon, ~ Mioh., i2s3; MsfFick vs. Wal,
lacs, 10 H., 4S6; Polk ". Caserovs, 4
Biss., Az; Riggs ". Boylan, Ioid, 4ss;
shove VI. I4Srsen, y VIA, 1f2; Ocopto
90. ". Jerrard, Is Wia, 81. No one Of
them Is equal 20 what is 10 called to do.
they all arose under statutes whick
that the intsrumsnt should be
deemed recorded from the date of filina
81 noting for record. They each are
sassd upep the doctrine that feQistrs.
4t8U y MMN4kF UCES0AUU& Nksl4 Ht8t0tE.
and announce that where fhs statute
says thai ftiing or noting shall be co.,
strnctive notice there IL is such notice.
None Of them goes farther than that.
70 would be iadicisi legislation 70 hold
thai ding snouid amount 20 recording,
elthout q statute exprsssly OF by neces-
sary implicati ~ 90 provided.
II there be such . system Of fegistra-
tioa In this Territory as plaintiff con.
sends for, shsn ft must have beep baflt
ap by stasute; for the entire business cf
registration ID erounded in statute and
resss on statute In every part. No such
sysssn can b. found in our stascs =.
Yes there are in them traces Of sys-
tenatic Legislation. There 10 Q systen
of bookkeeping. shsaRh inSonpieis and
faulty, prescribed for tns Auditor 10
secssans US 10 2ss2 OF the Code, and
thsre 10 beyond thai and quite distinss
frou 10 sonethine ike eeaeral system
Of rsxistratioa. Az diGsreut times and
xita some regard 10 harmony of prsc
ties, acts have been psszed authorizing
the recold Of ons kind OF in.
strumeuf aud another. Thsss leeis
iAaive utserAnces have beon asaem-
hied in she Code. sad the principal
provisions nos In foroe are 10 be found
IN sections 81. 5os. Soa. 81. 80. 7aS. ls45
u 1874 tQ<sl 10 lNS3 1911 1871 l9eS