Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1910-07-14

/
| Zee OF The officer for such service
snail be fixed by the Board. not ex-
ceeilng ten cents per folio, or if snch
DOCKS or amy part thereof icons.st. of
printed forms not TO exceed five
Genus per folio for such books or re.
1oGIs, TO be paid by the county,
SEE Land & River Imp. Co. VS.
6arlon 40 Fed. Rep 706 Bardon vs.
l-1hd d River Imp. Co. 157 u. S. 327-
OIL me authority of the officer
% correct any mistake or defect in
| my own record is regarded as clear
| oECIION f64 LAS amende bv oh
| IVo, 1913, and Sec. 5, Oh. 416 1eO5l
| EVERY register of deed shall receive
me following fees toIwit:-
+ or making a new tract index
| upon the order of the county hoard
Such sum may be fixed by the county
BOARD not exceeding two cents for
each entry, to be paid from the comm
| 1y treasury
SECTION 761-762 CAS- amended by
Ca. 239, 1905.)
| The register shall also keen a
tract index in suitable books SO ru,a,
and arranged that opposite to tba
description of each quarter section
sectional lot, town, city or village LOT
or other subdivision of land an the
county, which a convenient arranoe-
ment may require TO be noted theea
snail be a blank space of at least
| forty square inches in which he
snail enter in red ink the letter or
numeral indicating each volume and
| in black on blue ink the class of re-
cords of such volume, designating
| mortgages by the. letter M deeds nv
/ the letter d, and miscellaneous bw tn
| eWlation MIS-, and the register of
attachments sales and notices by
| the letter r, together with the page
OF said volume upon which amy deed
| mortgage or other Instrument affect
| ing the title to or mentioning such
tract Or amy part thereof shall here
Iolore have been or may be rerafter
be recorded oar entered;
PROVIDED, that no such index
shall be kept in any county where
nome now exists until ordered by
the county board to be made; but no
such index, when once made in any
county, shall ever thereafter be dis
continued, unless such county has or
shall adopt, keep and maintain a
complete abstract of title to the
real estate therein as a part of the
records of the office of the register
of deeds thereof.
To The Honorable, The County
Board OF Supervisors of Wood COUNTY
| Wisconsin,. y
| Gentlemen: The foregoing pro
visions of law comprise all of the
statutes which have come to my mo-
tlce relating to the transcription of
records in the office of the regis
ter of deeds which have become unfit
for use from any cause.
On the 10th of Nov, 1909, the fol
lowing resolution was introduced and
adopted by your Honorable Body to-
wit
Moved that the special committee
on tract indeNng, in their discretion
cause to be made a new tract in
deX using the old tract indexes SO
far as possible for that purpose, for
use in the office of the register of
deeds of Wood County; and for such
purpose are hereby authorized to
purchase such system of books, loose
leaf or otherwise, as they SHALL deem
best and are further authorized and
directed to let such work to the low
est competent bidder having the re-
CURED skill at a price not to exceed
TWO cents per entry TO be paid from
the County Treasury; and that the
committee be further empowered i'm
their discretion to reject amy and
all bids and readvertise. -
1t appears that pursuant to such
reSoluulonl your committee advertised
Tor bids an an aggregate or lump sum
and not ON the basis of acertain a.
mount for each entry; that bids in
| such form have BEEN received and
Eu0A1 1o4
the lump sum OF 100000
Permit me in behalf of, and as at
torney for E. e. Ames, the register
OF deeds of your county, to say:
That the tract indexes are a part
of the public records and as such
are in the exclusive care, custody
and keeping of the register of deeds.
They are made such records by yir-
tue of Sect. 10 Chapt. 142 r. S. 1849
and Chapt. 1852 laws of 1864 and a.
mendments theretq subsequently ena6
ed, which amendments ar hreinbefore
quoted.
Such tract indexes are recognized
| by the Courts as part of the records
| atfectlnfg title to real estate: I'm the
case of Land and River imp Co. VS.
| BardOn; 10th Federal reports page
| 7O6, Judge Bum says in reference to
a. tract index which had been trans
| cribed pursuant to Sect $50.
The defects complained of i'm the
original, (tract index We're corrected
i'm the copy and is as much as the
copy was the ONE in common use,
the record of the tax deed would be
good from the time the copy was
made"
1t seems questionable whether any
person other than the register would
have the right to use the office4room
and tn erecOrds for the purpose of
transcribing same without the con-
| sent of such register of Deeds be-
sides this, the law specifically pro-
| Yides that tract indexes shall be
made by the register and when unfit
for use shall be transcribed by him,
and such transcripts properly GER
titled, and the order requiring it re-
| corded at length by hte register of
deeds in the copy so made. Therg
does not seem to be amy other way
provided 10 give authority and cred
ence to the copy.
The original act, Chapt 952 laws
of 1864 expressly provides that THE
register of deeds shall procure suit
able book or books and make and
keep said indexes df ordered to do so
prior to Dec. LIST, 1864; provided that
the act did not apply to counties who
then had a general tract index of any
kind
Subsequent enactments provided tn
in counties where such tract indexes
exist they shall never be discontinued
and further expressly provide how,
and in what manner, and by whom,
and by what authority, old, or other
wise unfit records shall be restored
and transcribed.
l would suggest that the County
Board dose not seem to have the
power to let such work by contract
or to authorize this to be done by
any person other than the register
of deeds The statute fully protects
the public from exorbitant charges