When said work is done by contract, each instrument sought to be recorded shall be first filed with the officer having charge of the records of the office in which such instrument is sought to be recorded, and by him entered in a receiving book, kept for that purpose, and with reasonable dispatch thereafter delivered to such person, firm or corporation designated in said contract, for the purpose of recording, who shall with equal dispatch, make one photographic copy thereof as a part of the official records of such county, and immediately thereafter, deliver the original of such instrument together with said photographic copy to the office in which the same was received, and shall make, preserve and maintain an additional photographic copy of said record in some suitable and safe place, so that in the event of destruction or mutilation of the official record, the same can be replaced or substituted from the additional copy so preserved and maintained; provided, further, that no record shall be removed from the county for the purpose of photographing and when the work is done by contract, if not done at the courthouse, the place of doing said work shall be definitely fixed and described in said contract with reasonable accuracy and certainty; provided, further, that the board of county commissioners shall have the right and privilege to fix the size of the sheet upon which such instrument is being photographed for record at the time of making said contract; provided, further, that when any instrument is delivered to the contractor for recording, the official bond of such contractor shall be liable for the prompt and safe return of such instrument to the office in which it belongs and during such interval of time between delivery to the contractor and return to the proper officer, such officer having the permanent custody and control of said record shall not be liable on his official bond for the preservation of such instrument; provided, further, that the contractor shall give his receipt for every instrument at time of receiving same and may require the officer to give receipt upon return of such instrument.
Added by Laws 1923, c. 50, p. 88, § 3, emerg. eff. April 9, 1923. Amended by Laws 1989, c. 367, § 4, eff. Nov. 1, 1989.