Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-02-11


care of the public records in his Office,
but gives him no special fees for such
service The only compensation 70
him are the fees he receives in the or
binary course of business for searches.
To extend the right of search by
others beyond this limit will deprive
the clerk of the only remuneration he
can have for the performance of this
duty In the absence of clear ex-
preston, it should not be so enlarged ,
by construction.
I'm other states where the statutory |
provisions are less favorable to the
public officer, the courts have denied
the right Of anyone to make at will
an abstract Of the official records.
"The respondent. by force of it's. in
corporation. has the same right to in
spect the public records which may
be lawfully exercised by an individual.
Eyerv person, without legislative au-
- .ry. NAV engage in the business Of
examining and guaranteeing titles as
fully as this conpanv is empowered
to = - - ,.ct {. nc :. )Ta ton.
WHEN such person or a company,
with such authority. il empowered to
examine and guarantee a particular
title, -'.n clerk upon demand, is bound
to eve access to tho records for that
purC So g''hfect &c re152n2.-e rules
and regulations"
In Fide:t--- Trust c.. Y. Clerk, 65
N !. Law 49, the court sustained the
refusal Of the clerk to permit an ex-
animation Ct cortoir indices in the
/ SuDrr--a Court re:atin~ to judgments
which were a lien upon lands.
In Ne7yron V. Fisher. SO =. =. %, It
was - n the opinion
"All persons have the right to in
/ sDoct +roeC records freel~ and without
charge and all persons who may de-
sire ~ - 20. can get copies by paying
the prescribed fees.
~ = the drtv Of tho register tC
keen them open to the inspection and
+. Gina or Of all who nav desire &c
i inspect end examine them. and for
4 this -hc-> = 70 fee: = IS his 1,,tv t.
furnish copies to all who require then
:, and will No the fees allowed. Per
her- N addition to this. so long and
: SO universal has been the custom. thai
it nav be said to be the rights Of law
yurs. and others needing them. to t.,liS
such reasonable memoranda, as may
uCI lhItl SlSic Will 1ii1 iiStILo anu Hs
ties of the register, and we have never
: known this refused. We know OF nj
, law that requires the register, in this
: respect, to do more. b.. Z. ..
mo one has the right, to use thu
language of the learned Judge, in thu
| court below, to make copies or alb
stracts of the entire record of tn
office. including those instruments il
/ (which the person so desiring to maxi
abstracts is not at the time interest
l. ed, but simply anticipates that he will
: at some time be interested, and alb
l fstracts of which he desires to MAX
, for merely speculative purposes. II
I this view the plaintiff would be en-
. titled to every facility for the legiti
mate prosecution of his business b.
5 access to the records for the examin
2 alton of instruments registered, blu
, the court is not satisfied of his RICH
!, to make an abstract to all transfers O
r real and personal property for tn
n year 1886, without having an interes
: in the same, for the prosecution G
e his business, or paying any fee there
r for"
4 In Randolph v. State ex, rel. 81 ALI
f 527, following Brewer v. Watson. Z
Ala. 299. and Phelan v. State. rs Ala
s. 9, it was held that Section 698 of tn
Code, providing that ''the records 6
Y the judge of probate's Office must b
t free for the examination of all pc,
y sons, when not in use by him." col
r ferred the right of free examinatio
$ of the records by any person havin
& an interest, his agent or attorney, an
e the right to take memoranda or copies
o but did not extend to attorneys c
: other persons engaged in negotiatin
l. loans on real estate ind who desir
r to make an abstract from the record
of conveyances of the titles to all tn
d lands in the county, for future us
d when required in their business
& Stone C. j., speaking for the cou
e said: st is not the unqualified rigl
C. of every citizen to demand access I
IS and inspection of the books or doc
g ments of public Office, though the
a. are the property of the public, al
Is preserved for public uses and purpose
c. The qualification of the rule is, that
le person can demand the right say
Of those who have IN interest in the re
i'd ord, their lawful agents or attorney
n We must not, however. be understO<
ID as intending to abridge the right, co
10 ferred by statute or free examinatio
Is by all persons having an interest,
Of the records of the probate judges {
* fice Nor will we cOnfine this right
ID mere right to inspect. He m;
k. make memoranda, or copies, if he wi
Of and, to this end, may employ an age
lie or attorney. The limitation is, that
n must not obstruct the officer; i
charge, in the performance OF he
70 official duties, by Withholding recor
is from them. when needed for t DE-
n Torrance of an official function n
10 is this right of examination confin'
~ to persons claiming title, or having
IS present pecuniary interest in the su
ne ject-matter 1t will embrace all pc
sons interested, presently or DrO
or pectively, in the chain of title. or n
c- ture of incumbrance. proposed to
rk investigated. The right of free
le animation is the rule. and the inhi
no nj