RECORDS. In force July 1, 1872. scribed. AN ACT to provide for the copying of old or damaged public record books SEOTION 1. Be it enacted by the People of the State Illinois, represented in the General Assembly, That wher To be tran- ever any record book of deeds, mortgages, or other instru ments, or any order book, docket, or fee book, records wills, or records of settlements of administrators, executor or guardians, or any other book belonging to any county. which is required by law to be preserved in any publi office of the county, for the use or inspection of the public shall be so much worn, decayed, mutilated, or otherwise damaged, as to endanger the preservation of the records contained in any such book, it shall be lawful for the board of county commissioners or board of supervisors to caus any such book to be copied and transcribed into a ne and well bound book, to be furnished as other record book are furnished. § 2. Said book or books, when so copied and transcribed, shall be carefully compared with the original book or books from which they were copied, by the person whe shall have done the work, together with some other discree and skillful person, and when said books are so copied and compared with the originals, the persons who have made such examination shall make an affidavit, which shall be incorporated in the book as copied, that said book, and each and every part thereof, is a true copy of the original book and each and every part thereof; that the matter of record which appears upon any page of the original appears als upon the same page of the copy; and that no matter of record appears upon any page of the copy which is not to be found upon the same page of the original. $ 3. Any such new book into which said affidavit ha been incorporated shall be, in all courts and places, as effec tual for any and every purpose as the original record book; and it shall bear the same name or designation, and certified copies of any instrument copied into it, shall have the force and effect of certified copies of the original made from the original book. § 4. The board of county commissioners, or board of supervisors, may allow such compensation for copying and transcribing records under this act, to be paid out of the county treasury, as to them may seem reasonable, not exceeding the amount now authorized to be received for recording deeds and mortgages. § 5. In all cases where it is necessary, in any county not under township organization, to transcribe or copy any books contemplated by this act, before a board of county commissioners is elected in such county, the county court of such county shall have power to cause the same to be done under the provisions of this act. APPROVED March 26, 1872. 1, 1879. AN ACT to provide for re-recording deeds, mortgages and other instruments in In force March writing, where the original records thereof have been destroyed, and to fix the fee for such re-recording. recorder. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all Duties of the cases where the records of any county have been or shall hereafter be destroyed by fire or other casualty, it shall be the duty of the recorder of deeds of such county to re-record all deeds, mortgages or other instruments in writing, which may have been recorded or filed for record prior to the destruction of such records, together with the certificates of such original recording, that may be filed in his office for re-recording. And said recorder of deeds may charge and Fees. receive as a fee, for re-recording such deeds, mortgages and other instruments aforesaid, and the certificate of such recording, five cents for each hundred words or fractions. thereof, and no more. And any recorder of deeds who shall charge a greater fee than the foregoing, or who shall refuse to re-record such instruments in writing, aforesaid, for the fee aforesaid, shall be deemed guilty of malfeasance in ofhce, and subject to all the penalties prescribed by law for such offense. 2. That whereas the records of Cook county have Emergency. recently been destroyed by fire, and many such instruments of writing are daily being filed for record, and the fee for re-recording the same has not been fixed by law, therefore an emergency exists, requiring immediate legislation on the subject: therefore, this act shall take effect and be in force from and after its passage. APPROVED March 1, 1872. In force March AN ACT to provide for the restoration of court records which have been lost or destroyed. oath. 19, 1872. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenPetition under ever the record of any judgment or decree, or other proceeding, of any judicial court of this state, or any part of the record of any judicial proceeding, shall have been or shall hereafter be lost or destroyed, any party or person interested therein may, on application by petition, in writing, under oath, to such court, and on showing, to the satisfac tion of such court, that the same has been lost or destroyed without fault or neglect of the party or person making such application, obtain an order from such court, authorizing Certified copy. such defect to be supplied by a duly certified copy of such original record, where the same can be obtained-which certified copy shall, thereafter, have the same effect as such original record would have had, in all respects. When certified obtained. S2. That whenever the loss or destruction of any such copy cannot be record or part thereof shall have happened or shall hereaf ter happen, and such defect cannot be supplied, as provided in the next preceding section, any party or person interested therein may make a written application to the court to which such record belonged, veritied by affidavit or affidavits, showing the loss or destruction thereof, and that certified copies thereof cannot be obtained by the party or per son making such application, and the substance of the record so lost or destroyed, and that such loss or destruction occurred without the fault or neglect of the party or person making such application, and that the loss or destruc tion of such record, unless supplied, will or may result in damage to the party or person making such application; and thereupon said court shall cause said application to be entered of record in said court, and due notice of said application shall be given, as in chancery cases, that said application will be heard by said court. And if, upon such hearing, said court shall be satisfied that the statements contained in said written application are true, said court shall make an order, reciting what was the substance and effect of said lost or destroyed record-which order shall be entered of record in said court, and have the same effect which said original record would have had if the same had not been lost or destroyed, so far as concerns the party or person making such application, and the persons who shall have been notified, as provided for in this section. The record, in all cases where the proceeding was in rem, and no personal service was had, may be supplied upon like notice, as nearly as may be, as in the original proceeding. The court in which the application is pending may, in all cases in which publication is required, direct, by order or orders, to be entered of record, the form of the notice, and designate county court. §. In case of the destruction by fire or otherwise of Judge of the the records, or any part thereof, of any county court having probate jurisdiction, the judge of any such court may proceed upon his own motion, or upon application in writing of any party in interest, to restore the records, papers and proceedings of this court relating to the estate of deceased persons, including recorded wills and wills probated or filed for probate in said court; and for the purpose of restoring said record, wills, papers or proceedings, or any part thereof, may cause citations to be issued to any and all parties to be designated by him, and may compel the attendance in court of any and all witnesses whose testimony may be necessary to the establishment of any such record or part thereof, and the production of any and all written or documentary evidence which may be by him deemed necessary in determining the true import and effect of the original record, will, paper or other document belonging to the files of said court; and may make such orders and decrees establishing said original record, will, paper, document or proceeding, or the substance thereof, as to him shall seem just and proper; and such judge may make all such rules and regulations governing the said proceedings for the res toration of the record, will, paper, document and proceeding pertaining to said court, as in his judgment will best secure the rights and protect the interests of all parties concerned. Causes removed to supreme 4. That in all causes which have been removed, or § 5. Whereas, by reason of the recent destruction by Emergency. APPROVED March 19, 1872. In force April 9, AN ACT to remedy the evils consequent upon the destruction of any public records by fire or otherwise. corded. 1872 SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Whenever Certified co- it shall appear that the records, or any material part thereof, ples may be re- of any county in this state, have been destroyed by fire or otherwise, any map, plat, deed, conveyance, contract, mortgage, deed of trust, or other instrument in writing affecting real estate in such county, which has been heretofore recorded, or certified copies of such, may be re-recorded; and in recording the same the recorder shall record the certifi cate of the previous record, and the date of filing for record appearing in said original certificate so recorded shall be deemed and taken as the date of the record thereof; and copies of any such record so authorized to be made under this section, duly certified by the recorder of any such county, under his seal of office, shall be received in evidence and have the same force and effect as certified copies of the original record. corded in other counties. Copies of in- 2. In any county of this state where the records have struments re- been burned or destroyed as specified in the last section, and any map, plat, deed, conveyance, contract, mortgage, deed of trust, or other instrument in writing affecting real estate in such county has been recorded in any other county of this state, certified copies of the same heretofore or hereafter made, may be recorded in such county where the records have been so burned or destroyed, and in recording the same the recorder shall record all certificates attached thereto; and if any of such certificates show the previous recording of the same in the county where the records have been burned or destroyed, the date of filing for record in such county appearing in said certificate so recorded shall be deemed and taken as the date of the record thereof; and copies of any such record so authorized to be made under this section, duly certified by the recorder of any such county under his seal of office, shall be received in evidence and have the same force and effect as certified copies of the origi nal record. Copies of instruments in court, or other states. 83. Whenever in any court of record in this state, or United States any other state, or in any court of the United States, there are original or certified copies of any deed, conveyance, contract, mortgage, deed of trust, or other instrument in writing affecting real estate in such county, copies thereof certified by the clerk of such court, under his seal of office, may be made and recorded in such county where the records have been so burned or destroyed, and in recording the same the recorder shall record all the certificates attached thereto; and if any of such certificates show the previous recording of the same in the county where the records have been so |