AN ACT to revise the law in relation to recorders. [Approved March 9, 1874. In force July 1, 1874.]

1. WHEN CIRCUIT CLERK RECORDER-WHEN RECORDER ELECTED.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, The clerk of the circuit court in counties having a population of less than sixty thousand inhabitants shall be ex-officio recorder of deeds of his county. In counties having a population of sixty thousand or more inhabitants, there shall be elected a recorder of deeds, as provided by law, who shall hold his office until his successor is elected and qualified. [See Const. 1870, art. 10, § 8. L. 1849, p. 64, § 12.

2. BOND.] § 2. Every recorder of deeds, whether elected as such or holding the office ex-officio, shall, before entering upon the duties of his office, give bonds, with sufficient security to be approved by the judge of the county court, payable to the People of the State of Illinois, in the penal sum of $10,000, (except that in counties having a population of sixty thousand or more inhabitants the penalty of the bond shall be $20,000,) conditioned for the faithful discharge of his duties, and to deliver up all papers, books, records and other things appertaining to his office, whole, safe and undefaced, when lawfully required so to do which bond shall be filed in the office of the secretary of state, and a copy thereof entered upon the records of the county court. [R. S. 1845, p. 431, § 3; L. 1845, p. 587, § 3.

3. OATH.] § 3. He shall also, before entering upon the duties of his office, take and subscribe the oath or affirmation prescribed by section 25, article 5, of the constitution, which shall be filed in the office of the secretary of state.

4. DEPUTIES.] § 4. Each recorder may appoint one or more deputies, not exceeding the number allowed to them as provided by the constitution of this state. [See Const., art. 10, § 9. L. 1845, p. 587, § 2.

5. APPOINTMENT IN WRITING.] §5. The appointment shall be in writing, and entered upon the records of his office. [L. 1845, p. 587, § 2.

6. OATH OF DEPUTIES.] § 6. Each deputy shall, before entering upon the duties of his office, take and subscribe an oath or affirmation, in like form as is required of the recorder, which shall be filed in the office of the secretary of state. [L. 1845, p. 587, § 2.

7. POWERS OF DEPUTIES.] § 7. Deputy recorders, duly appointed and quali fied, may perform any and all the duties of the recorder in the name of the recorder; and the acts of such deputies shall be held to be the acts of the recorder. [L. 1845, p. 587, § 2.

8. RECORDER LIABLE FOR DEPUTIES.] § 8. The recorder shall be liable for any neglect or omission of the duties of his office, when occasioned by a deputy, in the same manner as for his own personal neglect or omission.

9. DUTY OF RECORDER.] § 9. Every recorder shall, as soon as practicable after the filing of any instrument in writing in his office entitled to be recorded, record the same at length, in the order of time of its reception, in well bound books to be provided for that purpose: Provided, that separate books may be kept for the recording of different classes of instruments. [R. S. 1845, p. 432, § 7. 10. RECEIPT.] § 10. On the filing of any instrument in writing for record in a recorder's office, the recorder shall, when requested, give to the person leav ing the same to be recorded, a receipt therefor. [R. S. 1845, p. 432, § 7.

11. TIME OF FILING NOTED.] § 11. When any instrument in writing is recorded in the recorder's office, the recorder shall indorse upon such instrument a certificate of the time (including the hour of the day) when the same was filed for record, (which shall be considered the time of recording the same,) and the book and page in which the same is recorded-which certificate shall be signed by the recorder, and shall be evidence of the facts therein stated. [L. 1849, p. 78, § 7.

12. Books.] § 12. Every recorder shall keep the following books: First-An entry book, in which he shall, immediately on the receipt of any instrument to be recorded, enter, in the order of its reception, the names of the parties thereto, its date, the day of the month, hour and year of filing the same, and a brief description of the premises, indorsing upon such instrument a number corresponding with the number of such entry.

Second-A grantor's index, in which shall be entered the name of each grantor, in alphabetical order, the name of the grantee, date of the instrument, time of filing, kind of instrument, consideration, the book and page in which it is recorded, and a brief description of the premises.

Third-A grantee's index, in which shall be entered the name of each grantee, in alphabetical order, the name of the grantor, date of the instrument, time of filing, kind of instrument, consideration, the book and page in which it is recorded, and a brief description of the premises.

Fourth-An index to each book of record, in which shall be entered, in alphabetical order, the name of each grantor and grantee, and the page in which the instrument is recorded.

Fifth-When required by the county board, an abstract book, which shall show by tracts every conveyance or incumbrance recorded, the date of the instrument, time of filing the same, the book and page where the same is recorded; which book shall be so kept as to show a true chain of title to each tract and the incumbrances thereon, as shown by the records of his office.

Sixth-An index to recorded maps, plats and sub-divisions, such index to be made by description of land mapped, or sub divided by range, township, section, quarter-section, etc. [R. S. 1845, p. 432, § 7. L. 1847, p. 69, § 1; L. 1869, p. 2, § 1.

13. MAPS-PENALTY.] § 13. It shall be unlawful for any recorder to record any map, plat or sub-division of land situated in any incorporated city, town or village, until the same shall have been approved by the legislative authority of the city, town or village in which such land may be situated, or by some city, town or village officer for that purpose to be designated by resolution or ordinance of said legislative authority. For each and every violation of this section by any recorder or his deputy or employee, such recorder shall forfeit and pay to the county the sum of $200, to be recovered in any court of competent jurisdic tion, in the name of the state, for the use of the county, in an action of debt, with costs of suit. [See "Cities, etc," ch. 24, § 173.

14. DEEDS, ETC., OF SHERIFFS, ETC., HOW INDEXED.] § 14. Deeds and other instruments affecting real estate, made by a sheriff, master in chancery, special commissioner, executor, administrator, guardian, trustee or other person acting on behalf of another, shall be indexed in the name of the person whose land is sold or affected as grantor, aud a note shall be made in the index indicating in what capacity the deed was made. [L. 1867, p. 148, § 1.

15. PENALTY. § 15. If any recorder shall fail to perform any duty imposed upon him by this act, he shall be guilty of malfeasance in office, and shall be punished accordingly, and shall be liable to the party injured for all damages occasioned thereby. [L. 1851, p. 80, § 1.

16. ANCIENT RECORDS.] § 16. All copies and transcripts of the ancient books, records and papers, bearing date prior to the 13th day of July, in the year of our Lord 1787, now in the office of the recorder of the county of Randolph, which may be made by the said recorder, from the said papers or records, and attested by him, shall be as authentic in any court of record in this state as if given by the secretary of state; and the said recorder shall be entitled to the same fees for such copies, transcripts and attestations, as he is now entitled to by law for the performance of similar services. [R. S. 1845, p. 432, § 9.

17. COUNTY TO FURNISH BOOKS-PRINTED FORMS.] § 17. The county board of each county shall, from time to time, as may be necessary, provide the recorder of such county with well-bound books, properly ruled, necessary to the execution of the duties of his office. They may procure books of printed forms to be filled up in the recording of any instrument, when the same may be done without interlineation or erasure, and shall, in all cases, when practicable, procure the necessary index and abstract books with printed headings. The cost of such books shall be paid by the county. [R. S. 1845, p. 432, § 8. L. 1847, p. 69, §2; L. 1865, p. 93, § 1.

18. TRANSCRIBING RECORDS.] § 18. When it shall appear to the county board that any books of record, entry books, indexes or abstract books, are likely to become useless from age or much use, or are illegibly written, defaced, or imperfectly kept, they shall cause the same to be transcribed at the cost of the county. [L. 1853, p. 254, § 1.

19. ABSTRACT BOOKS.] § 19. When abstract books have not been kept in any county up to the time of the taking effect of this act, the county board of such county may, if they deem it expedient, procure such abstract books, to be made in the form prescribed in this act, at the cost of the county, showing a connected chain of title and incumbrances up to the time of the taking effect of this act.

[§ 20, repeal, omitted; see "Statutes," ch. 131, § 5.]

RE-RECORDING WHEN RECORDS DESTROYED.

AN ACT to provide for re-recording deeds, mortgages and other instruments in writing, where the original records thereof have been destroyed, and to fix the fee for such re-recording. [Approved and in force March 1, 1872. L. 1871-2, p. 649.]

20. DEEDS, MORTGAGES, ETC., TO BE RE-RECORDED-FEE-PENALTY.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all 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 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 office, and subject to all the penalties prescribed by law for such offense.

21. EMERGENCY.] § 2. That whereas the records of Cook county have 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.

AN ACT to provide for the restoration of court records which have been lost or destroyed. [Approved and in force March 19, 1872. L. 1871-2, p. 650.]

1. CERTIFIED COPY TO SUPPLY ORIGINAL.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever 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 satisfaction 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 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. [See "Chancery," ch. 22, § 38.

2. SUBSTANCE OF RECORD SUPPLIED NOTICE OF PROCEEDINGS.] § 2. That whenever the loss or destruction of any such record or part thereof shall have happened, or shall hereafter 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, verified by affidavit or affidavits, showing the loss or destruction thereof, and that certified copies thereof cannot be obtained by the party or person making such ap-plication, and the substance of the record so lost or destroyed, and that such loss