Arizona republican., 1919-02-20
SOLDIERS ARE NOT
 REQUIRED ID FILE
 DISCHARGE PAPERS
County Recorder M a k e s Statement in Answer to Many Questions on Au- thority of County Attor- ney.

HtV.
 Soldiers are not authorized nor re- | quired to record their discharges in the office of the county recorder in this ] state at the present time While in some states laws have been passed en- l abling soldiers. sailors and marines to file their papers of discharge without | fee, the recorders of Arizona are not authorized to do so.
 | This information is contained in an . opinion of the county attorney to Edith NJ. Jacobs. county recorder, who has frequently been asked relative to the matter by men who are returning | from service. Another question which has been put to the county advisor ! by the recorder has to do with mort 1 gages and concerns many hundred l citizens.
 l The opinion written by Robert A. Jarrott assistant county attorney fol- l lows:
 Miss Edith Jacobs,
 | County Recorder
 | Maricopa County,
 Phoenix, Arizona
 | Dear Miss Jacobs:
 ! 1 give you an opinion concerning two matters, namely; CD Must the assignee | of a real estate mortgage or chattel mortgage present the note secured by 1 the mortgage and also the assignment | of the mortgage to the recorder at the ] time of the acknowledgement of satis- l faction of the mortgage on the margin of the record, no written assignment | appearing of record in your office? And, @. Must the recorder file the 1 papers of discharged soldiers, and if so, | without fee?
 Under the provisions of Section 41ol, Arizona civil code, I am of the opinion that the note secured by mortgage l need not be produced if a deed Of re- l lease is filed by a person purporting to be the assignee of the mortgage. but if l satisfaction be acknowledged on the ] margin of the record by an assignee, the note secured must be produced and cancelled in the presence of the record CT unless the note is lost. in which 1 event the assignee must make an af- fidavit setting forth the loss. If no l assignment of the mortgage appears of record and the person to whom the 1 mortgage note has been assigned pre- sents the same with the mortgage to the recorder to have the note can celed and to acknowledge satisfaction on the markin of the record. the re- | corder should enter the satisfaction on the margin of the record and attest the same. The holder of the note is the equitable assignee of the mortgage.
 Ewing vs. Shelton. 34 Mo. SIS.
 Daniels vs. Densmore, 4& N. W, 906. | Jones on Mortgages, Sec. e90. l The supreme court of Nebraska in 1 Daniels against Densmore said:
 The only party who can enter this l satisfaction is the one who owns and receives the debt. It may be said that as he is not the assignee of record his | acknowledgment of satisfaction would be of no avail: but this is not true. The entry of satisfaction may show that the notes secured by the mort gage have on such a date been paid to the assignee who was then the owner thereof and such notes are now ex- hibited to the clerk. No particular form of words is necessary to show the satisfaction, but it must appear that the debt has been paid and satisfied and hence that the mortgage was can celed and annulled.'
 The county recorder shall record in books provided for that purpose docu ments and instruments described in Section 25S8 of the Civil Code, and all other instruments or writing author iZed or acquired to be recorded in his office which shall be acknowledged ac- cording to law and delivered to him for record; Sec. 25s1 R. s.
 Upon receiving instruments of writ ing authorized or required to be re. corded duly acknowledged and deliv ! T IL record the same and he acts as a min istetial officer in doing so. The re- corder is not enjoined by implication to search for the purpose of ascertain ing whether the mortgagee had parted with his interest in the mortgage, nor has he any judicial function which would enable him to determine whether an assignment is valid or not or whether it was made by the person purporting to be executing it. or made by mistake or through the influence oi fraudulent devices.
 State vs. Parker, (N. J.) g, Atlantic 26O.
 The duty of the register is to record or file in his office those instruments or papers which by the law of the state are entitled to be recorded oI filed.
 People ex rel. Consumers vs. FrommC 4 N. l.. &, S33
 As to the second matter concerning the recording the discharges of sol diers, in my opinion such discharges are neither authorized or required to bs recorded in the recorders office in this state at the present time. Further more the law expressly provides thst the Recorder shall not record or filt any instrument or paper other than fol the public until the fees for the same as prescribed by law are paid or tend cred. Sec. 2596 Civ Code, 1913. have been informed that in some state: laws have been passed enabling sol diers, sailors and marines to file theil papers of discharge without fee, bu unless such a law is passed in thi. state, the recorder isn't authorized tt file such papers.
 Respectfully submitted.
 R. A. JARROTT
 Deputy County Attorney.