66 People. The Illinois statute provides that "all persons shall have the right to take memoranda and abstracts" of the public records," without fee or reward;" and prior to the statute it was held that persons engaged in the business of making abstracts of title were not entitled to have access to the original instruments and books of record in the recorder's office, to make abstracts thereof for the purposes of their business. Scribner v. Chase, 27 Ill. App. 36. At the first session of the Kansas legislature after the rendition of the decisions in the cases of Cormack v. Walcott, 37 Kan. 391 (15 Pac. Rep. 245); Boylan v. Warren, 39 Kan. 301 (18 Pac. Rep. 174; 7 Am. St. Rep. 551), referred to above, a statute was enacted providing for the giving of bond by abstracters, after which they should have free access to the county records of the several county offices for the prosecution of their business of abstracting," and it was made a misdemeanor for any county officer to prevent any such bonded abstracter from a proper use of the records of his office. Laws 1889, ch. 1; Webb's Gen. Stat. (1897), ch. 117, §§ 35-39. See Compilation of Statutory provisions given below. The Michigan statute provides that "the officers having the custody of any county, city or town records in this state shall furnish proper and reasonable facilities for the inspection and examination of the records and files in their respective offices, and for making memoranda and transcripts therefrom, during the usual business hours, to all persons having occasion to make examination of them for any lawful purpose;" and under this statute it is held that, subject to reasonable rules and regulations, one may claim the right to use the public records for the purpose of preparing a set of abstract books therefrom. Burton v. Tuite, 78 Mich. 363 (44 N. W. Rep. 282; 7 L. R. A. 73); 80 Mich. 218 (45) N. W. Rep. 88); Day v. Button, 96 Mich. 600 (56 N. W. Rep. 3). The Minnesota statute opens the records "to the inspection of any person demanding the same, either for examination, or for the purpose of making or completing an abstract or transcript therefrom." The Washington statute gives the right to "any and all persons, during reasonable office hours, to inspect, examine and search any and all records * * * and to gather any information therefrom, and to make any desired notes or memoranda about or concerning the same, and to prepare an abstract or abstracts of title to any and all property therein contained." And the statute of Wisconsin provides that "every sheriff, clerk of the circuit court, register of deeds, county treasurer, register of probate and county clerk shall keep his office open during the usual business hours each day, Sundays and legal holidays excepted, and with proper care shall open to the examination of any person all books and papers required to be kept in his office, and permit any person so examining to take notes and copies of such books, records or papers, or minutes therefrom." Under the Minnesota and Wisconsin statutes it is held that an abstracter may use the public records for the purpose of preparing a set of abstract books for his own use. Cole v. Rachac, 37 Minn. 372 (35 N. W. Rep. 7); Eichstadt, 69 Wis. 538 (35 N. W. Rep. 30). statute of Oregon, only the clerk, an attorney or some one who appears of record to be a party in interest can search the records of the circuit and county courts, but the clerk is required to furnish certified abstracts of such records upon request. Hill's Ann. Laws (1887), § 579. State ex rel. Hanson v. Under the Sec. 23. Power of officer to regulate the use of records-Charging fees. Even where the right of all persons, including abstracters, to search the public records generally in the preparation of abstracts, is conferred by statute, the custodian has a right to make such reasonable regulations. as to the time and manner in which the books shall be examined and copies taken, as he may deem necessary to the safety of the records and orderly administration of the affairs of his office. Randolph v. State, 82 Ala. 527 (2 So. Rep. 714; 60 Am. Rep. 761); People v. Richards, 99 N. Y. 620 (1 N. E. Rep. 258); People v. Reilly, 88 Hun. 429; State v. Rachac, 37 Minn. 373 (35 N. W. Rep. 7); Nash v. Lathrop, 142 Mass. 29 (6 N. E. Rep. 559); Hanson v. Eichstaedt, 69 Wis. 538 (35 N. W. Rep. 30); Lum v. McCarty, 39 N. J. Law 287; Stocknan v. Brooks, 17 Colo. 248 (29 Pac Rep. 746); Upton v. Catlin, 17 Colo. 546 (31 Pac. Rep. 172; 17 L. R. A. 282). In Belt v. Prince George's County Abstract Company, 73 Md. 289 (20 Atl. Rep. 982; Ballards' Law Real Prop., Vol. II, §§ 1-3), it was stated to be the opinion of the court that it would be a breach of duty, on the part of the clerk, to permit any one to examine and make searches of the records in his office, unless it is under the supervision of himself, or one of his deputies. The same declaration was made in Cormack v. Wolcott, 37 Kan. 391 (15 Pac. Rep. 255); Upton v. Catlin, 17 Colo. 546 (31 Pac. Rep. 172; 17 L. R. A. 282); Buck v. Collins, 51 Ga. 391 (21 Am. Rep. 236). The officer may limit the number of persons employed by one abstracter in examining the records, or the number of hours they may occupy the office each day. People v. Richards, 99 N. Y. 620 (1 N. E. Rep. 258); Upton v. Catlin, 17 Colo. 546 (31 Pac. Rep. 172; 17 L. R. A. 282). An abstracter must not obstruct the officers in charge in the performance of their official duties, by withholding records from them when needed for the performance of an official function. Randolph v. State, 82 Ala. 527 (2 So. Rep. 714; 60 Am. Rep. 761). A person seeking access to public records must conduct himself in a civil and orderly manner, or he may properly be denied access thereto. People v. Reiley, 38 Hun. 429; Boyden v. Burke, 14 How. (U. S.) 575. But the inspection of public documents can not be denied merely on the ground that the party applying for it has been guilty of some past impropriety of conduct as to a matter to which such documents may refer, nor because it is apprehended that the information obtained will be used in litigation against the county or state, or the custodian of the records. Brewer v. Watson, 71 Ala. 299 (46 Am. Rep. 318); Boyden v. Burke, 14 How. (U. S.) 575. A contract between the custodian of public records and an abstract company, by which the custodian is to grant such abstract company exclusive right to search the records is contrary to public policy and void. Parsons v. Randolph, 21 Mo. App. 353. A corporation organized for the purpose of examining and guaranteeing titles has the same rights as to the examination of public records as an individual. Barber v. West Jersey Title & Guaranty Co., 53 N. J. E. 158 (32 Atl. Rep. 222). A statute specially authorizing a corporation to "make and procure copies and abstracts from the public records of the state," does not entitle such corporation to search the records and make abstracts or copies thereof, without payment of the lawful fees to the clerk who is required by statute to * * * "have the custody of the books and papers pertaining to his office, and shall carefully keep and preserve the same and he shall give a copy of any paper or record in his office to any person applying for the same, upon being paid the usual fees for transcribing such paper or record." Belt v. Prince George's Co. Abst. Co., 73 Md. 289 (20 Atl. Rep. 982; 10 L. R. A. 212; Ballards' Law Real Prop., Vol II, §§ 1-3). The principle that the right of inspection can not be exercised so as to deprive an officer of his statutory fees for copies of records in his custody is recognized in the case of Newton v. Fisher, 98 N. C. 20 (3 S. E. Rep. 822). But ordinarily if a person dispenses with the services of the custodian of the records, and makes the examination himself, no fee can be charged. State v. Long, 37 W. Va. 266 (16 S. E. Rep. 578); Lum v. McCarty, 39 N. J. L. 287; In re Chambers, 44 Fed. Rep. 786. A recent statute of Tennessee provides that "all laws requiring the payment of a fee for the search of any public record or records in this state be, and the same are hereby repealed." Acts 1899, p. 763, ch. 323. STATUTORY PROVISIONS. [Below we give a compilation of such statutory provisions as have been enacted by the several states, regulating the preparation and furnishing of abstracts of title, and prescribing the duties and liabilities of persons engaged in that work.] Sec. 24. Alabama. "It shall be unlawful for any person to make or certify to a false and fraudulent abstract of title to lands in this state, in and by which the true condition of the records is falsely and fraudulently represented," and the punishment may be a heavy fine or imprisonment, or both. Laws 1899, p. 19. Abstracters are required to pay a license tax. Laws 1899, p. 172. Sec. 25. Arizona, "The recorder must, upon the application of any person, and upon the payment or tender of the fees therefor, make searches for conveyances, mortgages, and all other instruments, papers, or notices recorded or filed in his office, and furnish a certificate thereof, stating the names of the parties to such instruments, papers, and notices, the dates thereof, the year, month, day, hour, and minute they were recorded or filed, the extent to which they purport to affect the property to which they relate, and the book and pages where they are recorded." Rev. Stat. (1887), § 551. "If any recorder neglects or refuses to make the searches and to give the certificate required by this chapter, or if such searches or certificate are incomplete and defective in any important particular affect ing the property in respect to which the search is requested, he is liable to the party aggrieved for three times the amount of damages which may be occasioned by such neglect or refusal, or by such incompleteness or defect in the searches and certificate, and an action may be brought on his official bond by the party aggrieved." Rev. Stat. (1887), § 552. Sec. 26. California. "The recorder must, upon the application of any person, and upon the payment or tender of the fees therefor, make searches for conveyances, mortgages, and all other instruments, papers, or notices recorded or filed in his office, and furnish a certificate thereof, stating the names of the parties to such instruments, papers, and notices, the dates thereof, the year, month, day, hour and minute they were recorded or filed, the extent to which they purport to affect the property to which they relate, and the book and pages where they are recorded." Pol. Code (1899), § 4243. “If any recorder neglects or refuses to make the searches and to give the certificate required by this article, or if such searches or certificate are incomplete and defective in any important particular affecting the property in respect to which the search is requested, he is liable to the party aggrieved for three times the amount of the damages which may be occasioned thereby." Pol. Code (1899), § 4244. Sec. 27. Colorado. "It shall be the duty of the several county clerks and recorders in this state to make and furnish upon application therefor, abstracts of deeds, powers of attorney, mortgages, releases and all other instruments and muniments of title to real property recorded in their respective counties, which abstract shall set forth a description of the property, the character of the instrument, and date of the execution and acknowledgment, the names of parties to the instrument, the date of record and the page and volume of the record book wherein such instrument is recorded, and such abstract shall be made and furnished by said clerks and recorders to any person who shall make application therefor, and shall pay or tender the fees provided by law, and such abstracts shall be certified by said clerks and recorders under the seal of their offices as correct from what appears of record in their office." Mill's Ann. Stat. (1891), § 839. Sec. 28. Idaho. "The recorder must, upon the application of any person, and upon the payment or tender of the fees therefor, make searches for conveyances, mortgages and all other instruments, papers or notices recorded or filed in his office, and furnish a certificate thereof, stating the names of the parties to such instruments, papers and notices, the dates thereof, the year, month, day, hour and minute they were filed, the extent to which they purport to affect the property to which they relate, and the book and pages where they are recorded." Rev. Stat. (1887), § 2032. "If any recorder neglects or refuses to make the searches and to give the certificate required by this chapter; or if such searches or certificate are incomplete and defective in any important particular affecting |