to allow all persons without fee or reward to examine and take memoranda from the same.

23. Make abstracts of title-fees. § 2. Every recorder of deeds keeping such books, is hereby authorized, and it shall be his duty, to make and certify under the seal of his office, for all persons desiring the same, abstracts of title to real estate in his county, and to charge therefor, in counties of the third class, not to exceed the following fees:

For each certificate, certifying to the condition of the title as shown by such abstract, judgment and tax books, the sum of three dollars ($3), said sum of three dollars ($3) to include the showing of one instrument of conveyance, incumbrance or release thereof, judgment or tax sale. For each additional instrument of conveyance, incumbrance or release thereof, the sum of one dollar ($1).

For each additional judgment or tax sale, the sum of seventy-five (75)

cents.

For chancery and probate court proceedings necessary to be shown, one dollar ($1) per page. Which fees shall be accounted for by such recorder in like manner with the fees received by him from recording. And every such recorder shall, for his services in keeping such books and making such abstracts of title in counties of the third-class, receive a salary of one thousand dollars per annum, to be paid only out of the fees of his office actually collected, which compensation shall be in addition to the salary allowed him for his duties as recorder; in counties of the second class he shall receive such salary and be authorized to charge such fees as may be fixed by the county board.

24. Give bond -- penalty - condition. § 3. Every such recorder shall, before making and certifying any such abstracts of title, give a bond 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 twenty thousand dollars ($20,000), conditioned to secure the accuracy and correctness of any and all such abstracts of title, and to indemnify any and all persons purchasing such abstracts from such recorder, for all actual losses or damages which they may sustain by reason of any errors, mistakes or omissions in any such abstracts of title, 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.

enacted Assem

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. SEC. 1. Be it by the People of the State of Illinois, represented in the Genera bly, That whenever the record of any judgment or decree, or other prof ceeding, 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 out fault or neglect of the party or person making such application, satisfaction of such court, that the same has been lost or destroyed with 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; Harris v. Lester, 80 Ill. 307; Strong v. Shea, 83 III. 575.

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 application, and the substance of the record so lost or destroyed, and that such [*838] loss 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 pub

lished.

[Troy v. Reilley, 3 Scam. 259; Fisher v. Sievres, 65 Ill 99; Vail v. Iglehart, 69 Ill. 332; Kehoe v. Rounds, 69 Ill. 351; Harris v. Lester, 80 Ill. 307.

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 writ

ten 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 anci tions 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.

regula

$4.

4. Certified copy of record from supreme court. 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. SEC. 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 [*839] material part thereof, of any county in this State have been de stroyed by fire or otherwise, any map, plat, deed, conveyance, contract, mortgage, deed of trust, or other instrument in writing affect. ing 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, date of filing for record appearing in said original certificate so recorded

and the And

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 effec tified copies of the original record.

[Shannon v. Hall, 72 Ill. 354; Steele v Boone, 75 Ill. 457.

as cer

records

7. Certified copy of record from another county re corded-effect. § 2. In any county of this State where the have been burned or destroyed, as specified in the last section, and map, plat, deed, conveyance, contract, mortgage, deed of trust, or other instrument in writing affecting real estate in such county, has been te corded 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 public 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 re-establishing such records of maps and plats as the court shall find to be injured, lost or destroyed.

Parties defendant. Upon such publication being made, all persons interested shall be deemed defendants, and may appear in [*840] person or by counsel, and be heard touching such proceedings.