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Deeds and o-writings authorized by law to be recorded, and which were ther title
ecor, recorded, by Revil W. English, in the records of deeds in papers recorded by G. W. Greene county, during the time he acted as deputy under English to be Charles Lancaster, the recorder; and also, all such as were valid as if recorded by re
er recorded by said English up to the time that the successor of corder said, Lancaster was elected and qualified to office, be and the
same is hereby declared valid in law and equity, to as full an
Lorextent as if the same had been recorded by the recorder in said English conformity to law; and that all certificates made by said En. made evid- glish. of such record be received as evidence of such record ence
in all the courts of law and chancery in this State. Deputies SEC. 2. County recorders are hereby authorized to appoint when appoin-deputies.only when the recorder shall be disabled by sickness ted
or other bodily infirmity.
APPROVED, January 24th, 1843.
AN ACT concerning the records of. Jersey county, Feb.l, 1843.
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That it shall be lawful Certain rec. for the county commissioners' court of Jersey county to emords of Greene co. to ploy the recorder of Greene county, or some suitable person be copied and who will do the work cheaper, to copy into a well bound gled in recor: book or books, at the expense of said county, all deeds, mortder's office of Jersey co.
gages, bonds, or other writings, for the conveyance of or reTating to lands lying in said county, and which deeds, mortgages, bonds, or other writings, which were recorded in the recorder's office of Greene county, previous to the organization of said county of Jersey; such copies to be placed in the
recorder's office of said Jersey county. Person copy. Sec. 2. The person or persons employed by the county ing to have commissioners' court of Jersey county to procure copies as books
aforesaid, shall have full access to the books in the recorder's
office of Greene county, for the purpose of making such Copies to be copies; and the recorder of Greene county shall carefully certified compare such copies with the records in his office, and if he
finds them to be correct he shall make a certificate to that effect, under his hand and seal, at the end of each volume, of
such copies. Volume and S&c. 3. At the end of the copy of each deed, or other wri.
ting, copied as aforesaid, the person copying the same shall noted
note the volume and page of the record from which it is
Sec. 4. For his services in comparing such copies the retion of recor-corder of Greene county shall be entitled to compensation not ders
exceeding ten cents for each deed, or other writing, so compared by him, to be paid by Jersey county.
Sec. 5. All copies made, compared, and certified as aforesaid, and all transcripts of such copies, certified under the
hand and official seal of the recorder of said Jersey county, Copies made shall be received and taken in all courts of justice and other evid
evidence places in this State, in as full and ample a manner as the records from which they shall be taken; Provided, however, that if Proviso any discrepancy or variance shall be found to exist between said copies and the records of Greene county, then a copy from the records of Greene county, certified by the recorder thereof to be correct, and to have been examined with reference to such variance, shall be received as the proper evidence.
Sec. 6. This act shall not be so construed as to change or General law affect the existing laws of this State in relation to the admis- as to ad
sosion of evi. sion of the copies of deeds, or other writings, as evidence, dence not but the same rules of evidence as to the production of the changed original deeds, or writings, shall be pursued as now provided on that subject.
Sec. 7. It shall be lawful for said county commissioners' Asbtracts court of Jersey county to procure abstracts of all the deeds may be pro
cured in lieu which have been recorded in the records of said Greene of complete county,of lands lying in said Jersey.county, if in their opinion records' saià abstracts will answer in lieu of complete records as herein above provided; which abstracts shall be made out and certified by the recorder of Greene county, and paid for out of the county treasury of Jersey county. The price for each abstract with the certificate to be agreed upon between the parties.
- SEC. 8. This act to take effect from and after its passage, and to be deemed a public act.
APPROVED, February 1st, 1843.
AN ACT to repair the damages occasioned by the destruction of the re. In force, cords and public documents of Jackson county.
Feb. 1, 1843.
WHEREAS, the court house in the town of Brownsville, in Preamble
Jackson county, was accidentally consumed by fire, during the night of the tenth of January, one thousand eight hundred and forty-three, including the offices of the circuit court, the coun:v commissioners' court, the county recorder, and the probate justice of the peace of the said county, with all the books, papers, records, and effects belonging to the said offices, and all public document contained in the archives of said county; therefore,
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That William Doty and Jefferson Allen, of Jackson county, and Willis Allen, of Wil-Bo
vestigators liamson county, be and they are hereby appointed a board established of investigation for the said county of Jackson, any two of whom shall have full power and authority to act in relation to all matters referred to them by this act; and upon the refusal of any one of the members of said board to serve, or upon
Vacancy how the resignation or death of any one of its members, the refilled
maining two members shall have authority to appoint one in
his stead; and Daniel H. Brush, of Jackson county, shall be Clerk
and he is hereby appointed secretary of said board, whose
duty it shall be to record the proceedings of said board; ProGov. may remove men vided, however, that any of the members of said board shall be bers of board subject to removal at any time by the Governor. Time and Sec. 2. It shall be the duty of the said board on or before the place of open- first day of April next, or as soon thereafter as may be, to ing office*
open an office in the town of Brownsville, in said county, and wor k as soon as convenient thereafter to cause advertisements to
be posted up in three different places in each election precinct,
and at three different places at the county seat of said county, Notice to be and to cause the same to be inserted in the newspaper printgiven
ed by the Public Printer at the seat of Government, and in one or more newspapers of general circulation in said county, notifying all whom it may concern that records and public documents appertaining to the office of the clerk of the cir
cuit court, county commissioners' court, county recorder, and What notice
probate justice of the peace of Jackson county, have been to contain
consumed by fire, and that the members of the said board are empowered by law to receive, collect and examine, all bonds, deeds, wills, and other instruments of writing, previously filed and recorded in said county, and pass upon the same for the purpose of having them again filed and recorded; and also, to receive testimony in relation to the title of real estate in said county, where all evidence may have been destroyed as aforesaid, and to perform such other acts as may tend to repair the damage occasioned by the destruction of said records, and that they will attend for that purpose in their office in the town of Brownsville, in the said county, on the second Monday of May next, and continue therein until the same
shall have been accomplished. How long. Sec. 3. After some such notice as the above shall have board to con- been given for the space of four successive weeks, the said tinue
board shall enter upon the performance of its duties, and shall
continue therein until the same shall have been accomplished; Proviso Provided, however, that it shall in no case continue longer
than twelve months from the time of its commencement, un
less by special leave of the Governor for good cause shown. Members of Sec. 4. The members of the said board, before entering board to be upon the performance of their duties, shall subscribe an oath sworn
before some person competent to administer the same, that they will well and truly, without favor or partiality, perform all the duties assigned them as a board of investigation for Jackson county, to the best of their skill and ability; which oath shall be recorded by them in the book first opened, and a copy thereof filed in the office of the clerk of the county commissioners' court.
SEC. 5. The board shall procure well bound books, and shall, upon the application of any persons interested, proceed
to record all bonds, deeds, and other instruments of writing, Board to rewhich have been filed or recorded in said county, and the
acord papers record or file of which have been destroyed as aforesaid, specifying the date of the first recording or filing of the said instruments in each case.
Sec. 6. It shall be the further duty of the board to record . ... in separate books, all wills, and testaments, and particulars be recorded in relation to the probate of the same, which have been before recorded or filed, and the record or files of the same destroy , ed; and the record of deeds, bonds, wills, testaments, and Effect to be other instruments of writing, thus made shall be as legal and given to revalid, and shall have the same force and effect as the original cords record or file.
SEC. 7. In all cases where the written evidence of title to Board anthoany lot, tract, or parcel of land has been injured, impaired, rised to hear or destroyed by the operation of the said fire, the said board por
ny in certain shall have power to hear parol testimony in relation to such cases matter, and their report, when entered up and recorded in a book to be kept for that purpose, shall be prima facia evi. dence of the facts therein contained.
Sec. 8. The said board shall hear testimony in relation to Duty of board the judgments and decrees of the circuit court of said county, in reference when the title to real estate is injured or destroyed by the
the to judgsuents destruction of the records of the same, and shall in all such cases enter up orders in relation to such judgments, decrees, executions, and other proceedings of said court according, to the truth of each case, which order shall be prima facia evidence of the facts therein contained.
Sec. 9. The said board shall proceed also to repair all Board to supdamage done by the loss of the files and records of the county ply loss of commissioners court by procuring all the information which " can be obtained from the office of the Auditor of Public Accounts and elsewhere, and by having recourse to parol testimony, when written testimony is not procurable, and the orders and reports made by the said board touching this matter shall be considered prima facia evidence of the facts therein contained.
Sec. 10. When any real or personal right has been ef- Persons fected or impaired by the destruction of the files and records whose rights aforesaid in any of the offices aforesaid, the party or parties
in injured may apply to the said board, and upon notice being board given to the opposite party or parties, and an opportunity, allowed them to contest the same, the said board shall proceed to hear testimony and decide upon the same, and their decision shall be prima facia evidence of the facts decided; Proviso Provided, however, that when the same is contested, and the matter doubtful, the parties shall be referred to their remedies in courts of justice, and upon the dissolution of the said board, the books containing the records and proceedings of a
ras and Proceedings on where to be said board shall be deposited, by the direction of the county deposited
commissioners'court, in the proper offices, to be preserved for
the purpose of supplying the loss of the public archives. Any member Sec. 11. To enable the said board to perform the duties of board may thus assigned them any one of them shall have power to swear
He witnesses, and examine them touching any subject connected
with their duties, and any two of them shall have power to summon parties and witnesses, or notify them to attend at
their office, on a particular day, for any particular purpose Impose fines
touching the matters in hand, and upon neglect they shall have power to impose a fine not exceeding ten dollars for such neglect. Any two of them shall have power to issue subpoenas, attachments, summons's and other necessary process, directed to the sheriff of Jackson county, or other county in this State, and to employ constables, who shall execute the same, who shall be paid as in other cases. The fines
thus imposed shall be recoverable before any justice of the Board may
peace. Said board shall have power to adjourn from time to adjourn
time for the purpose of facilitating the investigation, giving notices, procuring testimony, examining witnesses, and for such other purposes as may be necessary.
Sec. 12. The members and secretary of the said board Compensa. tion
shall be allowed two dollars per day for their services while
employed, the time to be certified under oath before the Expenses county commissioners' court, and certified by that court, and how paid the same to be paid out of the State treasury; all the other
expenses attending said investigation to be sworn to and cerProviso
tified and paid in like manner; Provided, that the amount to be drawn from the treasury shall not exceed the sum of one thousand dollars, and the commissioners and secretary aforesaid shall not be allowed pay except for the time actually employed in the discharge of the duties assigned to them by this act. This act to take effect from and after its passage.
APPROVED, February 1st, 1843.
In force, AN ACT in relation to certain records in Adams county. Feb. 3, 1843,
WHEREAS, by an act entiiled “an act to provide for transcribPreamble
ing certain records therein named," approved February twelfth, one thousand eight hundred and thirty-five, the county commissioners' court of Adams county was authorized to cause the records of deeds, and other writings relating to real estate, situated in said county, and which had been recorded in other counties in this State, to be transcribed and deposited in the recorder's office in said county, certified copies whereof to be used in evidence, as in the said act provided; and whereas, by virtue of said act, one John H. Holton was duly appointed and authorised to transcribe said records, and the said Holton did, in pursuance of said appointment, transcribe a part of said records