Lost or destroyed.

or destruction occurred without the fault or neglect of the party or person making such application, and that the loss or destruction 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 the newspaper or newspapers in which the same shall be published.

3. RESTORATION OF RECORDS IN COUNTY COURT.] § 3. In case of the destruction by fire or otherwise of 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 evi dence 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 restoration 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.

4. CERTIFIED COPY OF RECORD FROM SUPREME COURT.] § 4. That in all causes which have been removed, or shall hereafter be removed, to the supreme court of this state, a duly certified copy of the record of such cause remaining in the said supreme court may be filed in the court from which said cause was removed, on motion of any party or person or persons claiming to be interested therein; and the copy so filed shall have the same effect as the original record would have had if the same had not been lost or destroyed.

5. EMERGENCY.] § 5. Whereas, by reason of the recent destruction by fire of the records of the courts of Cook county, a necessity exists for this act to take effect immediately: therefore, this act shall take effect and be in force from and after its passage.

LOST OR DESTROYED RECORDS OF CONVEYANCES.

AN ACT to remedy the evils consequent upon the destruction of any public records by fire or otherwise. [Approved and in force April 9, 1872. L. 1871-2, p. 652.

6. DEEDS AND CERTIFIED COPIES RE-RECORDED EFFECT.] §1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, Whenever it shall appear that the records, or any material part thereof, of any county in

Lost or destroyed.

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 certificate 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.

7. CERTIFIED COPY OF RECORD FROM ANOTHER COUNTY RECORDED-EFFECT.] § 2. In any county of this state where the records have 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 original record.

8. COPIES OF DEEDS, ETC., FROM COURT RECORDS RE-RECORDED_EFFECT.] §3. Whenever, in any court of record in this state, or 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 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. 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.

9.

PROCEEDINGS TO RE-PRODUCE MAPS-NOTICE.] § 4. Whenever the pub. lic record of any plat or map, which is required by law to be kept by the recorder of deeds, has been or may hereafter be injured or destroyed by fire or otherwise, it shall be the duty of the state's attorney of the county in which such injury, loss or destruction has occurred or shall occur, forthwith to file in the circuit court an information, in the name of the People of the State of Illinois, setting forth substantially the fact of such injury, loss or destruction, with the circumstances attending the same, as near as may be; and thereupon the clerk of such court shall cause such information to be published in full in one or more public newspapers published in such county, for the period of four weeks, together with a notice, addressed to "all whom it may concern," that the court will, at a term therein designated, to be held not less than four weeks from the first publication of such information and notice, proceed to hear and determine the matters in said information set forth, and will take testimony for the purpose of re-producing and reestablishing such records of maps and plats as the court shall find to be injured, lost or destroyed.

Lost or destroyed.

PARTIES DEFENDANT.] Upon such publication being made, all persons interested shall be deemed defendants, and may appear in person or by counsel, and be heard touching such proceedings.

HEARING.] If the court shall be satisfied that any public record of maps and plats has been injured, lost or destroyed, an order to that effect shall be entered of record, and thereupon the court shall proceed to take testimony for the purpose of re-producing and re-establishing the record so injured, lost or destroyed.

CONTINUANCES-SEPARATE ORDERS.] The proceedings may be continued from time to time, whether in term or not, and orders and decrees shall be made as to each map or plat separately.

NEW MAP RECORDED-EFFECT.] The clerk shall cause all maps and plats adjudged by the court to be correct copies of the records injured, lost or destroyed, as often and as soon as they are so adjudged, to be filed in the office of the recorder of deeds, with a certified copy of the order or judgment of the court in the premises attached thereto, and recorded in a book or books to be provided for that purpose. And the said record shall be deemed and taken in all courts and places as a public record, and as a true and correct reproduction of the original record so injured, lost or destroyed.

10. COSTS.] § 5. All costs and expenses incurred in the proceeding under the last preceding section, including copies of maps and plats and recording of the same, shall be taxed as costs against the county in which such proceedings are had.

11. COPIES OF OFFICIAL RECORDS, ETC., RECORDED-EFFECT.] § 6. Whenever it shall appear that the records or any material part thereof of any county in this state have been destroyed by fire or otherwise, so that a connected chain of title cannot be deduced therefrom, copies, duly certified by the proper officers, of all deeds, patents, certificates, plats and legal subdivisions of lands in such county in the custody or control of any officer of this state or the United States, may be recorded in the recorder's office of such county; and the record so made shall have the same force and effect as the record of the originals of such instru

ments.

12. COUNTY AUTHORITIES TO PROCURE RECORDS FROM UNITED STATES AUTHORITIES.] § 7. It shall be the duty of the county board of such county, as soon as may be, to procure from the United States authorities at Washington, Springfield, or elsewhere, all maps, tract books or official entries or properly authenticated copies thereof as relate to any of the lands in such county, and cause the same to be recorded in the recorder's office of such county.

13. PURCHASE OF ABSTRACT BOOKS.] § 8. It shall further be the duty of the judge of the circuit court of the county, or the judges of the circuit and superior courts of Cook county, to examine into the state of the records in such county, and in case they find any abstracts, copies, minutes or extracts from said records existing after such destruction as aforesaid, and find that said abstracts, copies, minutes or extracts were fairly made before such destruction of the records, by any person or persons in the ordinary course of business, and that they contain a material and substantial part of said records, the said circuit judge of the county or the judges of the circuit and superior courts of Cook county, shall certify the facts found by them in respect to such abstracts, copies, minutes and extracts, and also (if they are of that opinion) that such abstracts, copies, minutes and extracts tend to show a connected chain of title to the land in said county; and upon filing such certificate of such circuit judge or the judges of the circuit and superior courts of Cook county, with the county clerk of the proper county, the county board may, with the approval of the judge of the cir cuit court of the county, or the judges of the circuit and superior courts of Cook county, purchase from the owners thereof such abstracts, copies, minutes or extracts, or such parts thereof as may tend to show a connected chain of title to the lands in such county, including all such judgments and decrees as form part of any such chain of title, paying therefor such fair and reasonable price as may

Lost or destroyed.

be agreed upon between them and such owners. The amount thus agreed to be paid for said abstracts, copies, minutes or extracts shall be paid by such county in money or in bonds to be issued by such county, as the county board may determine; or such county board may, with said approval, procure a copy of said abstracts, copies, minutes and extracts instead of the originals, to be paid for in like manner.

14. ABSTRACTS KEPT IN RECORDER'S OFFICE-EVIDENCE-COPIES.] § 9. Said abstracts, copies, minutes and extracts, or said copy thereof, if so bought as aforesaid, shall thereupon be placed in the recorder's office of such county, to be copied or arranged in such form as the county board shall deem best for the public interest, and in case the originals have been lost or destroyed, or not in the power of the party asking to use the same on any trial or other proceeding, copies of the same, or any part thereof, duly certified by the recorder of deeds of such county, shall be admissable as evidence in all the courts of law and equity in this state. And it shall be the duty of the recorder of deeds of such county to furnish to any and all parties requesting it (upon being paid the charges herein provided for,) certified copies of the same, or parts thereof; and for the purpose of repaying the cost of the same to the county, the county board may fix a compensation, to be paid to the county, in addition to the fees allowed by law to the recorder for transcribing the same.

PRESUMPTION REGARDING ABSTRACTS.] And in all cases in which any abstracts, copies, minutes and extracts, or copies thereof, purchased and placed in the recorder's office as aforesaid, or which are admissable in evidence under any of the provisions of this act, shall be received in evidence, under this act, all deeds or other instruments of writing appearing thereby to have been executed by any person or persons, or in which they appear to have joined, shall (except as against any person or persons in the actual possession of the lands or lots described therein at the time of the destruction of the records of such county claiming title thereto otherwise than under a sale for taxes or special assessments, and except also as against infants, persons of unsound mind, and married women claiming an interest or property in their own right other than right of dower,) be presumed to have been executed and acknowledged according to law; and all sales under powers, and all judgments, decrees and legal proceedings, and all sales thereunder (sales for taxes and assessments, and judgments and proceedings for the enforcement of taxes and assessments, excepted,) shall be presumed to be regular and correct, except as against the person and persons in this section before mentioned; and any person alleging any defect or irregularity in any such conveyance, acknowledgment, sale, judgment, decree or legal proceed. ing, shall be held bound to prove the same: Provided, that nothing in this act contained shall'impair the effect of said destroyed records as notice.

15. POWER OF COURTS OF CHANCERY TO ESTABLISH TITLE.] § 10. In case of such destruction of records, as aforesaid, any and all courts in such county having chancery jurisdiction shall have power to inquire into the condition of any title to or interest in any land in such county, and to make all such orders, judgments and decrees as may be necessary to determine and establish said title or interest, legal or equitable, against all persons known or unknown, and all liens existing on such land, whether by statute, judgment, mortgage, deed of trust or otherwise.

16. PETITION FILED.] § 11. It shall be lawful for any person claiming title to any lands in such county at the time of the destruction of such records, and for all claiming under any such person, to file a petition in any court in such county having chancery jurisdiction, praying for a decree establishing and confirming his said title.

LANDS GROUPED OR NOT.] Any number of parcels of land may be included in one petition, or separate petitions may be filed, as the petitioner may elect. FORM OF PETITION.] Said petition shall state clearly the description of said lands, the character and extent of the estate claimed by the petitioner, and from

Lost or destroyed.

whom, and when, and by what mode he derived his title thereto. It shall give the names of all persons owning or claiming any estate in fee in said lands, or any part thereof, and also all persons who shall be in possession of said land, or any part thereof, and also all persons to whom any such lands shall have been conveyed, and the deed or deeds of such conveyance shall have been recorded in the office of the recorder of deeds of such county, since the time of the destruction of such records as aforesaid, and prior to the time of the filing of such petition, and their residences, so far as the same are known to said petitioner; and if no such persons are known to said petitioner it shall be so stated in said petition.

PARTIES DEFENDANT-NOTICE.] All persons so named in said petition shall be made defendants, and shall be notified of said suit by summons, if residents of this state, in the same manner as is now or may hereafter be required in chancery proceedings by the laws of this state: Provided, that the notice specified in section 12 of this act shall be the only publication notice required, either in case of residents, non-residents or otherwise. All other persons shall be deemed and taken as defendants, by the name or designation of "all whom it may concern."

AFFIDAVIT OF PETITIONER.] Said petition shall be verified by the affidavit of the petitioner, or by the agent of said petitioner; and the party so swearing falsely shall be deemed guilty of perjury and punished accordingly, and shall be liable in damages to any person injured by such false statement, to be recovered in an action on the case, in any court having jurisdiction thereof.

17. ENTRY OF PETITION-PUBLICATION NOTICE-BIDS FOR PUBLISHING.] § 12. It shall be the duty of the clerk of the court in which said petition is filed, to enter, in a separate book or books to be kept for the purpose, the names of the petitioners and defendants, the date of filing said petition, and a description of all the lands included therein, which record shall be at all time open to the public. All lands in each separate town, addition, section or subdivision shall be entered on the same page, or consecutive pages, with an index to said book or books, showing on what page any such separate town, addition, section or subdivision may be found. Said clerk shall also, in all cases, cause publication of notice to be made of the filing of said petition, which notice shall be entitled "Land title notice," and shall be substantially as follows:

A B, C D, etc., (here giving the names of all known defendants, if any,) and to all whom it may concern: TAKE NOTICE-That on the ...... day of..., A. D. 18... a petition was filed by the undersigned, in the court of county, to establish his title to the following described lands. (Here insert a full description of the lands in said petition). Now, unless you appear at the ...... term of said court, (naming the first term, after thirty days from the first insertion of said notice,) and show cause against such application, said petition shall be taken for confessed, and the title or interest of said petitioner will be decreed and established according to the prayer of said petition, and you forever barred from disputing the same,

G P, Solicitor.

E F, Petitioner.

Said notice shall be published once a week for four weeks successively, the first insertion to be at least thirty days prior to said term of court, and the several publications shall all be in the same newspaper in said county, or if there is no newspaper published in said county, then in a newspaper published in one of the counties nearest thereto. The clerk of the circuit court of such county shall ad vertise for bids for publishing said notices, (said advertisement to be inserted one week in at least two of the principal newspapers in such county or the adjoining counties, to be selected by the judge or judges of the circuit court in said county,) and the publishing of said notices shall thereupon be awarded by said judge or judges to the newspaper making the lowest bid therefor; or if there are two or more making the same bid, then said judge or judges shall determine to which of them said publishing shall be awarded, said award to be by order of said court entered of record therein; and a copy of such order, certified by the clerk of said court under the seal thereof, shall be transmitted to and entered of record in any other court in such county having chancery jurisdiction before which proceedings under this section may be had. All publications provided for in this section shall be made in the newspaper so designated. Said newspaper shall not