7-4-2623. Liability of clerk relating to duties as recorder. A county clerk is liable to the party aggrieved for three times the amount of the damages which may be occasioned thereby and is punishable as provided in this code if the county clerk, as ex officio recorder to whom an instrument, proved or acknowledged according to law, or any paper or notice which may be recorded by law is delivered for record:
     (1) neglects or refuses to record such instrument, paper, or notice within reasonable time after receiving the same;
     (2) records any instruments, papers, or notices untruly or in any other manner than as hereinbefore directed;
     (3) neglects or refuses to keep in his office such indexes as are required by this part or to make the proper entries therein;
     (4) neglects or refuses to make the searches and to give the certificates required by this part or if such searches or certificates are incomplete or defective when such incompleteness or defect is due to his direct responsibility particularly affecting the property in respect to which it is requested;
     (5) alters, changes, or obliterates any records deposited in his office or inserts any new matter therein.

     History: En. Sec. 4421, Pol. C. 1895; re-en. Sec. 3042, Rev. C. 1907; re-en. Sec. 4808, R.C.M. 1921; Cal. Pol. C. Sec. 4244; re-en. Sec. 4808, R.C.M. 1935; R.C.M. 1947, 16-2914.