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.

Continuance-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 re-production 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 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 certi fied 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

[Curyea v. Berry, 84 Ill. 600.

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 the said judges of said county, or the judges of the circuit or superior courts of Cook county, shall cause all evidence produced as to said abstract books to be reduced to writing, and shall cause all such evidence to be spread of record, as a part of the order of said court. 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 circuit 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 be agreed upon between them and such owners, the amount thus agreed [*847] to be paid for such 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. And it is further provided, that any owner of said abstracts, copies or minutes shall have the right to file a petition at any regular term of the circuit court of the proper county, in which petition he or they shall set forth the manner in which such abstracts, copies or minutes were made or procured, and if the court shall find from the evidence produced (which evidence shall be preserved as hereinbefore provided) that said abstracts, copies or minutes were fairly made in the regular course of business before such destruction of the records, the court shall enter his decree to that effect, and the evidence produced on the trial of said cause entered of record at large as a part of the decree of the court. And thereupon said abstracts, copies, or minutes, of said burnt records shall be taken as prima facie evidence of all such matters as they contain (but no such abstracts, copies, minutes or extracts shall be taken or held to be prima facie evidence of what they contain that does not purport to recite all deeds and mortgages previously executed and recorded, and describing the several tracts of lands and town lots to which said abstracts, copies, minutes or extracts refer from the date of entry): Provided, further, that all abstracts to separate tracts of lands made by the owner of said abstracts, copies, minutes or extracts shall also be taken and held as prima facie evidence of what they contain when they shall be accompanied with an affidavit signed and sworn to by the owner or owners of said abstracts, copies, minutes or extracts, showing that said separate abstracts contain a full, true and perfect copy of all transfers on the tract or tracts set forth in said separate abstracts as appears upon said abstracts, copies, 4 minutes or extracts, as established by the circuit court of county, on the and that said separate abstracts contain all deeds, mortgages and other liens on said separate tracts, as shown by said abstracts, copies, minutes or extracts established as afore. said. [As amended June 15, 1887. L. 1887, p. 258.

day of

A. D.

14. Abstracts kept in recorder's office-evidencecopies. 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 admissible 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. In all cases in which any abstracts, copies, minutes and extracts, or copies thereof, shall be received in evidence under any of the provisions of 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,) 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 ments excepted) shall be presumed to be regular and correct, ex cept as against the person or persons in this section before mentioned, and any person alleging any defect or irregularity in any such conveyance, acknowledgment, sale, judgment, decree or legal proceeding shall be held bound to prove the same, and any deed proved under the provisions of this act purporting to be based upon the execution of any power or upon a judgment or decree shall be prima facie evidence of the existence of such power, judgment or decree: Provided, that noth ing in this act contained shall impair the effect of said destroyed record as notice. [As amended June 15, 1887. L. 1887, p. 260.

[Smith v. Stevens, 82 Ill. 556.

assesS

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 equit able, against all persons known or unknown, and all liens existing on such land, whether by statute, judgment, mortgage, deed of trust of

otherwise.

Robinson v. Ferguson, 78 III. 538; Strong v. Shea, 83 III. 575; Mulvey v. Gib

bous, 87 Ill. 367.

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 [*842] by the petitioner, and from 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 twelve 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 desiguation of Wall whom it may con

cern."

[Mulvey v. Gibbons, 87 Ill. 367.

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.

[Bertrand v. Taylor, 87 Ill. 235; McClure v. Walker, 103 Ill. 544; Miller v. Shaw, 103 Ill. 279; Heacock v Lubuke, 107 Ill. 396; 108 III. 662.

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 times 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 a 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:

filed by the undersigned, in the

day of

court of

, A. D. 18 , a petition was

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 such 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 advertise 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 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 be [*843] Cha 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.

Said answer

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 file also a cross petition if he or she desires to do so. shall admit, confess, or avoid, or traverse all the material allegations of the petition, and shall, except when made by guardians ad litem, be veri fied 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 al lowed by the order of said court, as above provided, the petition may be taken for confessed, and a decree entered according to the prayer of said petition, upon proof of the facts stated in said petition; but if any per son shall file an answer, as aforesaid, to such petition, the court may hear evidence, or order a reference to a master in chancery commissioners, to take evidence and report, when the same

or

special proceedings Ishall be had as on a reference to a master in chancery under and accord