Davidson

This is an action on the official bond of defendant Davidson as county recorder of the county of San Bernardino. A general demurrer to the complaint was sustained by the court below, and, plaintiff declining to amend, judgment was rendered for defendants. Plaintiff appeals from the judgment.

The. demurrer was properly sustained, and the judgment is right. By this action it is sought to hold Davidson and his bondsmen liable to the county for certain money paid to him during his term of office by miners for recording certain notices of locations of mining claims. But the statute concerning county recorders makes no provision for the recording of notices of locations of mining claims, and such recording is not within the purview of his official duties as county recorder. In certain mining districts there is a custom which requires a notice of location to be recorded, with some one selected as a mining recorder; and, in some of these districts, the county recorder is so selected. The purpose of the recording is to show a compliance with the mining customs; but this purpose, and the whole scheme, is entirely distinct from the statutory system of recordation by which parties are…