ing 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, and which have been created since the destruction of such records, whether the same be by mortgage, deed of trust, judgment, statute, mechanic's 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. [As amended by act approved June 1887. L. 1887, p. 260.

[Mulvey v. Gibbons, 87 Ill. 367.

21. Effect of decrees. § 16. Said decree of said court, when entered, shall be forever binding and conclusive: Provided, that any decree shall be subject to be opened, modified, vacated or set aside on appeal or writ of error, sued out within two years after the entry of such decree: And provided further, that insane persons and [*844] minors shall have two years after their disabilities are removed to prosecute a writ of error upon 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 destruction of the records as aforesaid, and prior to the time of the filing of any such petition, shall be absolutely void as to such person so omitted, but shall be final and conclusive as to all others: 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 said decree vacated and set aside in the same manner as is now allowed to defendants under section nineteen of chapter twenty-two of the Revised Statutes, entitled “Chancery." [As amended by act approved June 15, 1887. In force July 1, 1887. L. 1887, p. 261. [See "Chancery," ch. 22, § 19; Bertrand v. Taylor, 87 Ill. 237.

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 eight 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, assess ment 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 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, [any thing] in this law or in any other law of this State to the contrary notwithstanding.

[Chamberlain v. Sutherland, 4 Bradw. 494.

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 interests and rights they represent.

25. Special commissioners

fees. 20. The judges of [*845] 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 exofficio, 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 employes, 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 destroyed - forgery. § 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 provision 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 mate. rial 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 or persons from time to time applying therefor, in the order of applications and without unnecessary delay, and for 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 [*846] made known, or 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 one hundred dollars, and not exceeding one thousand dollars 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 there. for 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; Roby v. Chicago, 64 Ill. 447 Beveridge v. Chetlain, 1 Brad. 231; Carline v. Pringle, 90 Ill. 302; Compton v. Randolph, 104 Ill. 555.

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, or letter-press copy thereof, made in the ordinary course of business prior to such loss of destruction, and it shall also be lawful for any such party to offer, and the court shall receive as evidence, any copy, extracts or minutes from such destroyed records, or from the originals thereof, which were, at the date of such destruction or loss, in the possession of persons then engaged in the business of making abstracts of title for others for hire. A sworn copy of any writing admissible under this section made by the person or persons having possession of such writing, shall missible in evidence in like manner, and with like effect, as such writ ing, provided the party desiring to use such sworn copy as evidence shall have given the opposite party a reasonable opportunity to verify the correctness of such copy.

be ad

[As amended by act approved June 15, 1887. In force July 1, 1887. L. 1887, p. 261. Robinson v. Ferguson, 78 Ill. 538; Richley v. Farrell, 69 Ill. 264; Smith V. Stevens, 82 Ill. 556; Russell v. Mandell, 73 Ill. 137; King v. Worthington, 73 111. 161.

UNITED STATES LAND OFFICE.

AN ACT to designate a custodian for the transcripts, documents and records pertaining to the United States land office, formerly located at Springfield, Illinois. [Approved and in force May 21, 1879. L. 1879, p. 238.]

*30. Auditor, custodian. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the auditor of public accounts be and he is hereby designated as the custo dian of all transcripts, documents and records pertaining to the United States land office, formerly located at Springfield, Illinois, which are to be transferred to the State of Illinois, by the secretary of the interior, in pursuance of act of congress, approved July thirty-one, eighteen hundred and seventy-six.

Emergency. 2. Whereas, an emergency exists; therefore, this act shall be in force from and after its passage.

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. SEC. 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.

[Gregory v. Healy, 61 III. 470; Hoagland v. Creed, 81 Ill. 506; Haynes y. Hayes, 68 Ill. 203; Morange v. Meigs. 54 N. Y. 207; Porter v. Ruckman, 38 N. Y. 210; Fellows v. Northrup, 39 N. Y. 117; Moore v. Hamilton, 44 N. Y. 666; Putnam v. Hubbell, 42 N. Y. 106; Meyer v. Amidon, 45 N. Y. 169; Van Slyke v. Hyatt, 46 N, Y. 259, 627.

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.

66

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 counsel, 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.