Arizona silver belt., 1904-10-13

| ooiu ohc udlutS Ol JIc gran JeeS, dnt
 other cases where the notarial certifi
 cates were not filled out, and in {
 great number of instances he failed tt
 sign the certificate of the recorder al
 the bottom of the page, on the record.
 where an instrument was recorded
 Evidently, he did little or no compar.
 ing of records with instruments re.
 corded. In the ma atter of his reports
 and turning in of money as required
 to be done each month, by section
 263S of the Revised Statutes, he failed
 and neglected to do so at one time. By
 the treasurer 5 books, it appears he
 paid for two quarters fees at one time,
 and he never filed single itemized
 sworn statement of fee, collected, as
 required by the said section 263S.
 By section 2l1, of paragraph ll3S,
 he was required to record ins truments
 when properly offered for record, but
 this is prescribed to mean only those as are properly acknowledged before a
 notary pubic, and the certificates made thereon. He, therefore, could not put upon the records lawfully any incomplete instrument without incur ring liability for his acts, and the fact that instruments appear on records in- complete, from the nature of the items l am satisfied the fault lay in making the record, and not comparing it. Again, he has not shown upon the blotter any fees received for certified copies issued, and while he may not have issued many, he no doubt issued such in cases of articles of incorpora- ton, and under section ll3S, he is re- quired to collect and report such fees by having received them "by virtue of his office."
 Tests were made in various ways to try to catch any violations of the law, but, though in the matter of releases, as hereinafter shown, he did not enter | the fee, both for mortgages and chat tel mortgages, in great many in- stances.
 In April, 1901, suspicious alterations appear throughout the month on the Dl0tter. In the matter of the fees re- ,eiyed for recording mining location notices, he evidently collected Sl.50 'ach time, and then, likely, the law 'eing changed, he changed the s1.5O O s1 throughout, and the county, un- Ter the law, at settlement would only get half Of each of the sl items. A ,lain violation of law-altering and alsifying record.
 Again, on page 557 of the blotter, be receipts foot up S2S. 45 more than Ie turned over; even counting the al- cred location notices at $1 each. This dded to the s32 he failed to pay over, r rather held out, in last quarter of 902; makes his turnoyers ot collected eeS short s60.Si.
 In the matter of returning fees for marginal releases, there is no entry lade upon the blotter in the follow lg items
 Bank of Globe to Powell, Nov. 29, P, Book I, page 270.
 P. L. Hutton to Yanez, Nov. p, D2, 'ook i, page 270, 242. J. B. Henry to Kincaid, Dec. 30, O2, ook 4, page 222.
 Tosath to Hill, Dec. 3l, 0l, Book i, age l6i.
 Layton, Alfred & Co. to Moody ct ! s., Dec. 3l, '0l, Book I, page l60. Thompson to B. F. PaScoe, Sept. 26, 1, Book I, page l3S. Porter to Goodwin, April 3, 0l, ook 1, page l2S.
 Barclay to ZSchoegner, April 3, O1, ook 1, page 122.
 W. c. Hayes to Young, Aug. l6, '02, ook i, page 100.
 Bank of Globe to Davidson, no date, ook 1. Taylor to Winters, March 20th, 1902, oOk 4, page 6S. PaScoe to Sam Kee, March 18th, 100, Book I, page 5S. Filed mortgage in 1900, no dates Iown in record. Poor record of deed, Irwin to Lind y, Book 6, page 306. No date on filing certificate, deed n inney to county.
 Recorder did not sign the filing rec . ds, on pages 359, 371, 363, 365, 367, in polk of Deeds at " Deed in Book 6, page 4l3, names in z cord differ. The fees reported collected are low r than the prescribed legal or statu- o ry fees, ranging from 25c to $2.50 on
 instrument, according to statutory fl es, and if he really recorded the in- then he was liable on his !, nd for the short collection, for Gila . unty lost goodly amount through |, ll T.. Al |