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be changed unless the judge or judges of said court shall, for good cause, in their discretion, decide to change the same; in which case another paper shall be selected in like manner, and the order naming or changing said paper shall be entered of record as aforesaid.

18. ANSWER OF DEFENDANT-CROSS BILL.] § 13. Any person interested may oppose any such petition, and file his demurrer or answer thereto on or before the third day of the term of court named in said publication notice, unless the time be extended by order of court, and may also file a cross petition if he or she desires to do so. Said answer shall admit, confess or avoid or traverse all the material allegations of the petition, and shall, except when made by guardians ad litem, be verified by the affidavit either of the respondent or his agent, in the same manner as above required on cases of the petition. Said answer shall have no other nor greater weight as evidence than the petition.

19. DECREE PRO CONFESSO OR HEARING.] § 14. If no demurrer or answer shall be filed by the third day of said term, or by the day allowed by the order of said court, as above provided, the petition may be taken for confessed, and a decrce entered according to the prayer of said petition, upon proof of the facts stated in said petition; but if any person shall file an answer, as aforesaid, to such petition, the court may hear evidence, or order a reference to a master in chancery or special commissioner, to take evidence and report, when the same proceedings shall be had as on a reference to a master in chancery under and according to the practice in courts of chancery in this state. If the petition includes more than one parcel of land, and no demurrer or answer shall be filed as to some of said parcels, the court may enter a decree, pro confesso, as to those parcels as to which no demurrer or answer shall be filed, and hear evidence, or order a reference as to the remaining parcels.

20. DECREE MAY ESTABLISH TITLE WITHOUT AFFECTING LIENS.] § 15. It shall be competent for said courts, in all such decrees, whether pro confesso or on the report of any master or special commissioner, or otherwise, to determine and decree in whom the title in any or all of the lands described in said petition is vested, whether in the petitioner or in any other of the parties before the court; but said decree shall not in anywise affect any lien or liens to which said fee may be subject, whether by mortgage, deed of trust, judgment, statute, mechanics' lien or otherwise, but shall leave all such liens to be ascertained or established in some other proceeding, or to be enforced, as the parties holding them may see fit.

PETITION TO ESTABLISH LIEN.] Any person having, at the time of such destruction of the records as aforesaid, any lien, by mortgage, trust deed or otherwise, upon any lands in such county, and having lost the proof thereof, and all parties claiming under any such person, may file a petition for the purpose of estab lishing the existence, conditions, character and extent of said lien.

PARTIES DEFENDANT PROCEEDINGS.] All persons known to the petitioner as having or claiming any interest or lien in or upon said lands shall be made defendants, by name, and the same proceedings shall be had as in the case of the petition above provided.

DECREE.] The decree shall find the existence of such lien (if any exists), its condition, character and extent, and any lien so established may be enforced according to the terms thereof.

21. EFFECT OF DECREES.] § 16. Said decree of said court, when entered on either of the petitions above mentioned, shall be forever binding and conclusive, unless an appeal be taken during the term of the court at which the decree shall be rendered, or a writ of error shall be sued out within twelve months from the entry of said decree, in which case the final decree entered in said cause shall be binding and conclusive as aforesaid from the entry thereof, except against minors and insane persons: Provided, that any decree entered on any petition filed more than three years after the destruction of such records as aforesaid, shall be

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subject to be opened, vacated or set aside on petition, appeal or writ of error, within two years after the entry of such decrce: And, provided, further, that married women, insane persons and minors shall have two years after their disabili ties are recovered to prosecute a writ of error from said decree: Provided, further, that any decree entered upon any petition or cross petition, which does not make defendant, by name, all persons who shall be in possession of such lands or any part thereof, at the time of the filing of any such petition, or which does not make defendant, by name, 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 destruc tion of the records as aforesaid, and prior to the time of the filing of any such petition, shall be absolutely void after [as to] such person so omitted, but shall be final and conclusive as to all others, except those by this act excepted: And, provided, further, that in all decrees against infants, persons of unsound mind, or married women claiming property in their own right other than right of dower, the decree shall set forth the evidence upon which it is based; but this proviso shall not be so construed as to excuse the failure to preserve the testimony in other cases, in such manner as may be required by law: And, provided, further, that all defendants who shall not be actually served with a summons in the suit in which such decree may be rendered, shall have allowed to them one year after the entry of such decree within which, upon petition to the court rendering the same, to have the same decree vacated and set aside in the same manner as is now allowed to defendants under section 15, of chapter 21, of the Revised Statutes, entitled "Chancery." [See "Chancery," ch. 22, § 19.

22. RESTORATION OF DEEDS, ETC., NOT APPEARING ON RECORD.] § 17. Whenever any deeds or other instruments, in writing, affecting the title to any of the lands in any such county, shall have been filed for record so short a time before such destruction of the records, as aforesaid, that no proof of them remains either on such records, or among the abstracts, copies, minutes or extracts specified in section 8 of this act, it shall be the duty of the person or persons having filed the same or claiming the benefit thereof, within sixty days from the time this act takes effect, to re-file for record such deeds or other instruments or copies thereof, or if that cannot be done, then he shall, within sixty days, make and file a petition to establish such deed or other instrument of writing, under the provisions of this act. In all cases when any original deed and the record thereof has been lost or destroyed, [it shall be lawful for any person having] a duly certified copy of said record to cause the same to be recorded, which record shall have the same force and effect as now belong to the record of original deeds. 23. BURDEN OF PROOF ON PARTY CLAIMING UNDER TAX DEED, ETC.] § 18. No tax deed or certificate of tax sale based on any proceedings, the record of which shall appear to have been destroyed, as aforesaid, shall be received in any of the courts of this state as prima facie evidence of the regularity of such proceedings, but the burden of proof shall be upon the per[son] claiming under such deed or certificate to show the regularity and legality of all such proceedings; in order to sustain the validity of any tax deed or sale for any tax or taxes, assessment or assessments, in any county to which the provisions of this act are applicable, in any suit or proceeding whatsoever, it shall be necessary for the party relying upon any such deed or sale to show, affirmatively, that each and all of the provisions of law, in respect to assessment, levy, sale and deed of the lands affected or to be affected by any such deed or sale as aforesaid, have been in all respects complied with-and no presumption shall be indulged in favor of any such tax deed or sale; and it shall not be sufficient to show a collector's report, notice, judgment, order of sale, sale notice, notice of sale, tax affidavit, and deed, [anything] in this law or in any other law of this state to the contrary notwithstanding.

24. RIGHTS OF PERSONAL REPRESENTATIVES, ETC.] § 19. Executors, administrators, conservators, guardians and trustees shall be entitled to proceed under this act in behalf of the interest and rights they represent,

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25. SPECIAL COMMISSIONERS-FEES.] § 20. The judges of courts having chancery jurisdiction in such county shall have power to appoint as many special commissioners from time to time as they may deem necessary to carry out the provisions of this act, in addition to the masters in chancery of said courts, who shall be, ex officio, such special commissioners, to take evidence and report all such petitions as may be referred to them. The fees of all masters in chancery, commissioners, clerks, sheriffs, and all officers and employees, for services under this act, shall not, in any case, exceed two-thirds of the fees now or hereafter provided by law for the same services.

26. MEANING OF "PERSON."] § 21. The word "person," when used in this act, shall include persons and all bodies politic and corporate. [See "Statutes," ch. 131, § 1.

27. RULES OF CHANCERY APPLICABLE.] §22. The rules and regulations governing courts of chancery in this state shall apply to the proceedings under this act so far as they are not inconsistent herewith.

28. ADMISSIBILITY OF EVIDENCE WHERE RECORD EVIDENCE DESTROYEDFORGERY. 23. In all cases under the provisions of this act, and in all proceedings or actions now or hereafter instituted as to any estate, interest or right in, or any lien or incumbrance upon any lots, pieces or parcels of land, when any party to such action or proceeding, or his agent or attorney in his behalf, shall orally in court, or by affidavit, to be filed in such action or proceeding, testify and state under oath that the original of any deeds, conveyances or other written or record evidence, has been lost or destroyed, or not in the power of the party wishing to use it on the trial to produce the same, and the record thereof has been destroyed by fire or otherwise, the court shall receive all such evidence as may have a bearing on the case to establish the execution or contents of the deeds, conveyances, records, or other written evidence, so lost or destroyed: Provided, that the testimony of the parties themselves shall be received subject to all the qualifications in respect of such testimony which are now provided by law: And, provided, further, that any writings in the hands of any person or persons which may become admissible in evidence, under the provisions of this section or of any other part of this act, shall be rejected and not be admitted in evidence unless the same appear upon its face without erasure, blemish, alteration, interlineation or interpolation in any material part, unless the same be explained to the satisfaction of the court, and to have been fairly and honestly made in the ordinary course of business; and that any person or persons making any such erasure, alteration, interlineation or interpolation, in any such writing, with the intent to change the same in any substantial matter, after the same has been once made as aforesaid, shall be guilty of the crime of forgery, and be punished accordingly; and that any and all persons who may be engaged in the business of making writings or written entries concerning or relating to lands and real estate, in any county in this state to which this act applies, and of furnishing to persons applying therefor abstracts and copies of such writings or written entries as aforesaid, for a fee, reward or compensation therefor, and shall not make the same truly and without alteration or interpolation, in any matter of substance, with the view and intent to alter or change the same in any material matter, or matter of substance, shall be guilty of the crime of forgery, and punished accordingly; and any and all such person or persons shall furnish said abstracts or copies as aforesaid, to the person and persons from time to time applying therefor, in the order of applications and without unnecessary delay, and for a reasonable consideration to be allowed therefor, which in no case shall exceed the sum of one dollar and fifty cents for each and every conveyance, or other like change of title, shown upon such abstract or copy; and any and all persons so engaged, and whose business is hereby declared to stand upon a like footing with that of common carriers, who shall refuse so to do, if tender or payment be made to him or them of the amount demanded for such abstract or copy, not exceeding the amount aforesaid, as soon as such amount is made known, or

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ascertained, or of a sum adequate to cover said amount, before its ascertainment, shall be guilty of the crime of extortion, and be punished by a fine of not less than $100, and not exceeding $1,000 therefor, upon indictment in any court having jurisdiction thereof, and shall also be liable in an action on the case, or other proper form of action or suit, for any and all damages, loss or injury which any person or persons applying therefor may suffer or incur by reason of such failure to furnish such abstract or copy as aforesaid. [As amended by act approved and in force March 30, 1874.

29. ABSTRACT OF TITLE IN EVIDENCE WHERE ORIGINALS DESTROYED.] § 24. Whenever, upon the trial of any suit or proceeding which is now or hereafter may be pending in any court in this state, any party to such suit or proceeding, or his agent or his attorney in his behalf, shall orally in court, or by affidavit to be filed in such cause, testify and state under oath that the originals of any deeds or other instrument in writing, or records of any court relating to any lands, the title or any interest therein being in controversy in such suit or proceeding, are lost or destroyed, or not within the power of the party to produce the same, and that the records thereof are destroyed by fire or otherwise, it shall be lawful for any such party to offer, and the court shall receive as evidence any abstract of title made in the ordinary course of business, prior to such loss or destruction, showing the title of such land, or any part of the title of such land, that may have been delivered to the owners, or purchasers, or other parties in terested in the land, the title, or any part of the title of which is shown by such abstract of title. [As amended by act approved and in force March 30; 1874.

AN ACT to provide for referees in common law cases. [Approved February 3, 1872. In force July 1, 1872. L. 1871-2, p. 662.]

1. APPOINTMENT-POWERS, ETC.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all common law causes in courts of record, after issue joined or default entered, it shall be competent for the court, upon agreement of the parties or their counsel, to appoint one or more referees, not exceeding three, who shall have authority to take testimony in such cause, and report the same in writing, together with their conclusions of law and fact, to the court, and the court shall have power to render judgment upon the filing of such report: Provided, either party may except to such report, and have his exceptions heard and determined by the court; and the court may, if necessary to take further evidence, refer the cause back to the referees, with instructions. Notice of the time of hearing such exceptions and taking of such further evidence, shall be given, under such rules as the court may prescribe.

2. WITNESSES-OATHS.] § 2. Witnesses may be required to attend and testify before such referees in the same manner as is or may be provided by law in cases before masters in chancery; and such referees shall have power to administer oaths to witnesses. [Fees of witnesses; see "Fees and Salaries,” ch. 53, § 50. 3. JUDGMENT-COSTS.] § 3. Upon final hearing of the cause the court shall render judgment, and shall tax as costs against the unsuccessful party such fees, for the services of the referees, as shall, in the judgment of the court, be reasonable and proper, not to exceed $5 per day: Provided, that whenever the parties to any such suit, or their council, shall, in writing, to be filed in court, agree upon a larger or less sum per day, then the court shall be authorized to tax as part of the costs in such case the per diem so agreed upon.

4. TESTIMONY-RECORD.] § 4. All testimony taken before referees shall be subscribed by the witnesses, and the same, together with all exhibits and papers introduced in evidence, and the report of the referees, shall be included in and form a part of the record of the cause.