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in person, and caused a part thereof to be transcribed by an agent, selected by him for that purpose; and whereas, doubts have arisen whether the said transcribed records, or certified copies thereof, are admissible in evidence according to the true intent and meaning of said act; now there. fore,
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the said records, so
Records transcribed as aforesaid, and heretofore deposited by the said transcribed John H. Holton, in the recorder's office of Adams 'county, and and deposited by him duly certified according to the provisions of said act, office made or certified copies thereof, shall be admissible in evidence in evidence all cases provided for in said act, and shall be entitled to the same credit, and have the same force and effect, as if the said records, and every part thereof, had been transcribed by the said Holton in person.
APPROVED, February 3d, 1843.
AN ACT providing for the making an index to the records of Cook county In force, and for other purposes.
Feb. 23, 1843,
Sec. 1. Be it enacted by the People of the State of Illinois, Co. com’rs of represented in the General Assembly, That the countj commis-Cook co. to
furnish office sioners of Cook county shall furnish an office for the safe
for recorder keeping of the books and papers in the recorder's office in said county, with a good and sufficient fire proof safe, in which office said records shall be kept.
Sec. 2. That the recorder of Cook county shall make a Index to res complete index to the records in said county recorder's office, cord which shall be an index of the grantors and grantees alphabetically arranged; which index shall contain a description of the kind of instrument, the date thereof, the amount of the consideration, the time of filing and recording the same, with a succinct description of the premises contained in said conveyance, or in form like the one commenced by said recorder; and for making said index he shall be entitled to the sum of Compensaseven cents from the county of Cock for every entry so made; tion which entry shall be considered as embracing both the grantee and grantor of an instrument entered as aforesaid in said index. That the said recorder shall complete the said index within
of this act, and when so com- To be completed shall be for the use of the public and to remain in said pleted in one, Office, and the county commissioners are hereby authorized to year pay the said recorder the sum of money above mentioned.
SEC. 3. That the said recorder and his successor or suc- Recorder to cessors, are hereby required and it shall be their duty to con- continue said , tinue said record in the manner prescribed by this act, without any additional compensation.
Books to be repaired
SEC. 4. That the county commissioners of said county shall furnish the stationery for said index.
Sec. 5. It shall be the duty of said recorder to cause the books of record for said county to be repaired, and it shall be his further duty to superintend such repairs. This act to take effect from and after its passage.
APPROVED, February 23d, 1843.
In force, AN ACT to authorize the county commissioners' courts to erect fire proof Feb. 24, 1843.
offices for the preservation of county records.
SEĆ. 1. Be it enacted by the People of the State of Illinois, Fire-proof represented in the General Assembly, That the county commisbuildings to sioners' courts of the several counties in this State are hereby be erected
authorized and required, whenever the finances of any county in this State shall justify such expenditure, to cause to be erected a fire proof recorder's office, on some suitable lot at their respective county seats, and pay for the same in the same manner as court houses and jails are paid for; Provided, that if the county commissioners'(court of any county as aforesaid shall be of opinion that any one of the rooms upappropriated in their court houses respectively can be made fire proof, they shall be required and authorized as aforesaid to cause such improvements or addition to be made to any such room as will render the same fire proof; in which said fire proof buildings or room the records and office of county re
corder shall be kept. How this act Sec. 2. The provisions of the foregoing section of this act may apply may, at the discretion of the county commissioners' court of
any county in this State, be deemed to apply to the offices of clerks of the county commissioners' and circuit courts respectively.
APPROVED, February 24th, 1843.
AN ACT to establish a mode to register births and deaths. April 1, 1843. See supple- Sec. 1. Be it enacted by the People of the State of Illinois, ment, 6th Mar. 1843. represented in the General Assembly, That it shall be the duty
of the clerk of the county cominissioners' court, in each county of this State, to provide himself with a well bound book, wherein he shall record the births and deaths of all persons coming to his knowledge in the manner hereinafter provided.
SEC. 2. The father of a child or children, or mother of Mode of regs istering biribe any child or children, in case the father be dead, out of the
State or otherwise prevented, or in case of an illegitimate child or children, may appear before the clerk of the county commissioners' court of his or her respective county, and make an affidavit in writing before such clerk, setting forth the
birth or births of his or her child or children, stating therein the day and year when, and the justice's precinct wherein such birth or births happened, and the christian and surname of said child or children. In case such father or mother fail or neglect to make an affidavit as aforesaid within sixty days after such birth or births, any householder may make the same concerning every birth happening in his house.
Sec. 3. The eldest person next of kin may make an affi- Eldest person davit before the clerk aforesaid, of his or [her] respective next to heir county, of the death of his or her kindred, and in case the may make next of kin neglects to make such an affidavit for the space
faffidavit twenty days, the administrator or executor of such deceased person may make such affidavit as aforesaid; and any householder
make the like affidavit before said clerk concerning any death happening in his house. Affidavits made under the provisions of this section shall state the name and the age of the person deceased according, to the best of his or knowl. edge and belief, and shall also state the justice's precinct where such death happened. If any person shall come to his death, and a coroner's inquest be held over his or her body, or if any person die while confined in any penitentiary, jail, workhouse, poor house, or hospital within this State, the respective wardens, jailors, or keepers of such workhouses, poor houses or hospitals, shall make out a certificate containing substantially the same statements concerning the name, age, death, and place of death, required in the affidavit last afore. said, and within ten days after such death happened, file the same with the county commissioners' clerk of the proper county.
SEC. 4. The said county commissioners' clerk shall care- Duty of co. fully file and number such affidavits and certificates in the clerk order they are presented, and shall be parts of the records of his office, and said clerk shall make an abstract of the material facts set forth in said affidavit or certificate and enter the same in the said record of births and deaths; which abstract shall be in substance as follows: Entry concerning the birth of a person.
Entry of birth On the day of — A.D. — A B. (being the father or mother, or a householder as the case may be made proof of the birth of C. D., which took place on the day of — A. D. in precinct, county of see affidavit on file, No.
Eniry of death. On the day of — AD. A. B. of (being the eldest person next of kin, or a householder in death whose house the death happened, executor or administrator of deceased, coroner or keeper of a jail, poor house, work. bouse or hospital, as the case may be made proof of the death of C. D. aged years, which took place the
day of A. D. in precinct county; see affidavit (or certificate) on file, No.
county Entry of
Clerk to make Sec. 5. The clerk shall keep a correct alphabetical index index
to said record showing the christian names and surnames of the persons concerning whom entries have been made; said index distinguishing between cases of births and deaths, and shall, upon request of any person, make out a certificate of said entry under his hand and the seal of the county commissioners court, and such certificate shall be received as prima facia evidence of the facts stated therein in all courts of law
and equity in this State. Clerks' fees
Sec. 6. For every affidavit taken under this act the said clerk shall be entitled to a fee of twelve and a half cents, for making the entry and filing certificate, to a fee of twelve and a half cents, and for making out a certificate under seal as aforesaid, to a fee of fifty cents; Provided, he shall not beentitled to any fee in case where one of the above enumerated officers files a certificate of the death of any person under his charge.
Sec. 7. Every person having sworn or made affirmation to Personi making false ar. any of the affidavits above mentioned who shall swear or fidavit guilty affirm, wilfully, corruptly and falsely in a material point of perjury therein set forth, or shall suborn any other person to swear or
affirm as aforesaid, shall be deemed guilty of perjury or subornation of perjury, and shall be, upon conviction thereof, punished accordingly.
Sec. 8. This law to be in force from and after the first day of March next.
APPROVED, March 3d, 1843.
In force, 'AN ACT to amend an act entitled "an act to provide for transcribing cerMar. 4, 1843. tain records therein named,” approved February 121b, 1835.
Sec. 1. Be it enacted by the People of the State of Illinois, Manner or represented in the General Assembly, That in transcribing deeds, transcribing in conformity with the provisions of an act entitled "an act to
provide for transcribing certain records therein named,” approved February the twelfth, one thousand eight hundred and thirty-five, it shall not be necessary for the person or commissioner, appointed by the county commissioners' courts to make such transcripts, to include in such transcript any piece or parcel of lands situated in any other county than the one for which such transcript is being made, but it shall be sufficient to copy all other parts of said deed except the description of such pieces or parcels of land as may be situated in any other county than the one for which the copy is being made, and transcript so made, whether before or after the passage of this act, shall be to all intents and purposes as valid and effectual in law as if the entire deed had been copied.
APPROVED, March 4th, 1843.
AN ACT to amend "an act providing a voluntary mode of registering In force, births and deaths,” approved March 3d, 1843.
Mar. 6, 1843.
Sec. 1. Be it enacted by the People of the State of Minois, represented in the General Assembly, That' the "act providing Act 34 Mar. a voluntary mode of registering births and deaths," approved 1843, in force third of March, one thousand eight hundred and forty-three, 1843 shall be in force from and after the first day of April next; any thing in the said act to the contrary notwithstanding.
APPROVED, March 6th, 1843.
AN ACT for the relief of Jonathan D. Manlove.
Jan. 19, 1843. Sec. 1. Be ii enacted by the People of the State of Illinois, represented in the General Assembly, That Jonathan D. Man Manlove to
collect tax love, late collector in and for the county of Schuyler, and for 1841 State of Illinois, is hereby authorized and empowered to collect all taxes and assessments remaining due and unpaid on lands and town lots, for the year one thousand eight hundred and forty-one, in said county of Schuyler,
Sec. 2. The said collector, in order to collect said taxes Collector may and assessments, may sell at the next regular time of selling sell land lands for taxes, in and for said county of Schuyler, all lands and town lots on which taxes remain due and unpaid, for the year one thousand eight hundred and forty-one; Provided, Proviso said sale shall be had, public notice of the time and place of sale, judgments obtained, and in all respects as now required by the laws of this State. This act to be in force froin and after its passage.
APPROVED, January 19th, 1843.
AN ACT for the relief of the persons therein named.
Jan. 28, 1843. WHEREAS, it has been represented that the certificate issued to
George W. Merrill, by the treasurer of the Illinois and Preamble Michigan Canal, in June, one thousand eight hundred and and thirty-six, for the purchase of lot number two, (2) in block number thirty-eight, (38) in the original town of Chi. cago, has been lost or mislaid; and it appearing by the affidavit of the said George W. Merrill, that soon after he purchased said lot of the canal commissioners, he conveyed a part of said lot to Peter L. Updike and Charles M'Clure, by à written contract or dece, and subsequently conveyed all his remaining interest in said lot, by an assignment of said treasurer's certificate; and it also appearing from affidavits and assignments, that Peter L. Updike and Edward B. Talcott are now the proper owners of said lot, and the treasurer of the canal board having refused to issue a final certi