May 16, 1975
Mr. Jack Klauck
States Attorney
Pennington County
Rapid City, South Dakota 57701
OFFICIAL OPINION NO. 75-89
Price Register of Deeds can charge for microfiche diazo
Dear Mr. Klauck:
You have asked whether the Register of Deeds may furnish a microfiche diazo, which contains from 30 to 50 separate recorded instruments, for $1.00 or whether the register must charge $1.00 for each recorded instrument that appears on the microfiche diazo.
SDCL 7-9-15 provides in part:
The register of deeds is entitled to charge and receive the following fees:
(3) For certified copy of any instrument of record, including certificate and official seal, two dollars, and for an uncertified copy, one dollar . . .
Since there are several instruments on the microfiche diazo, the clerk should charge $1.00 for each of them. The fact that automation has reduced the effort involved does not change the various entries' character as separate instruments. Therefore, it is my opinion that the clerk is entitled to charge and receive $1.00 for each uncertified instrument found on a microfiche diazo. Of course, if the abstracting company makes the copies itself, rather than having the Register of Deeds do the copying, there should be no charge.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
WJJ:MAG:rw
