1261. (1247.) Perpetuating evidence.-6. Whenever any person having an interest in perpetuating the evidence of any deed or other instrument in writing, proper to be recorded, the record whereof in such office has been destroyed, will make oath before such recorder that he has such interest, that such deed or other instrument has been previously recorded in such office, and that, though he has made diligent search for the original of such deed or other instrument, he has been unable to find the same, such recorder shall, at the instance of such person, after first recording such oath, and causing such affiant to sign such record, proceed to take such proof, under oath, as may be produced before him, recording the same in such book, and causing the witnesses to sign such record, to which he shall also add his certificate of their having been duly sworn in the premises.

[1865, p. 83. In force March 6, 1865.]

1262. (1248.) Nature of proofs, etc.-7. Such proofs shall consist of the evidence of the deed and the execution and acknowledgment of such deed or other instrument, of the date and contents of the same, of the fact that the same had been previously recorded in such office, and of the time when it was so recorded or deposited for record, as nearly as the witnesses may be able to state. But such recorder, before examining any witness, shall cause him to state, on oath, what interest, if any, he has in perpetuating such testimony, which statement shall be incorporated in such record. Such recorder shall be authorized to administer all oaths required by this and the last preceding section of this act, and may himself be sworn as a witness by any person authorized to administer oaths.

[2 R. S. 1852, p. 505. In force January 12, 1852.]

1263. (1249.) Record of testimony, when evidence.-8. In all suits in any court in this state, it shall be competent for either party to read in evidence such record of testimony, or a copy thereof, certified by the recorder of such county to be a full copy of all the testimony relative to such deed as it may have relation to, as may be contained in such record; and such record, or such copy thereof, when so read in evidence, shall have the same force and effect as if the witness or witnesses had been sworn to the same facts on the trial of such cause, and may be excluded, rebutted, or impeached, in the same manner that such testimony might have been excluded, rebutted, or impeached, if sworn to by such witness or witnesses on such trial.

[1865, p. 83. In force March 6, 1865.]

1264. (1250.) County board to appoint commissioner.-9. If the records or files of the circuit, probate, common pleas, commissioners', or other inferior court of record in any county in this state, or the papers on file in the office of the clerks of either of such courts, or the bonds, notes, or other papers belonging or properly filed in the office of the treasurer, auditor, assessor, or other officer of any county in this state, or any or either of them, have been or shall, in whole or in part,

be destroyed, the board of commissioners, when they shall have met, as in the first section of this act [§ 1232] required, shall appoint a commissioner, who, after having taken an oath of office as such commissioner, shall forthwith proceed to discharge the duties hereinafter required of him.

[2 R. S. 1852, p. 505. In force January 12, 1852.]

1265. (1251.) Commissioner's duties and powers.-10. The said commissioner may, if he deems the same necessary, employ a clerk; and such clerk, before entering upon the discharge of his duties, shall take an oath of office. Such commissioner shall also procure a sufficient number of substantial record-books, in which shall be recorded at length the proceedings had before such commissioner hereinafter authorized, keeping in separate books the record of business appertaining to the different courts and the offices of the different officers of such county. Such commissioner shall have power to administer oaths in all cases where testimony is required to be taken before him. 1266. (1252.) County board may remove commissioner.-11. If the board of commissioners of such county shall, at any time, become satisfied that such commissioner is incompetent, or unreasonably delays or neglects the duties devolved upon him by this act, they may, by order of record, remove him from such office, and appoint a successor; and from such order of removal there shall be allowed no appeal. And such board of commissioners may, at any time after twelve months from the time when usch commissioner enters upon the duties. of his office, require him, within twenty days thereafter, to close up the business of his commission; after the expiration of which twenty days, the duties of his office shall cease. But such board of commissioners may, at any time thereafter, authorize a resumption of said duties for a limited period.

1267. (1253.) Notice of appointment.-12. Such commissioner, before entering upon the duties of his office, shall give twenty days' notice of his appointment, and of the time and place when and where he will commence discharging such duties, by publication in some newspaper of general circulation, printed and published in such county, if there be one, and by posting up written notices in each of the townships of such county. Such commissioner may adjourn from time to time, as the business before him may require; but after an adjournment without day, he shall not again resume the duties of such office, without an order of the board of commissioners of such county shall authorize him so to do.

1268. (1254.) Powers of commissioner.-13. Such commissioner shall have power to administer all oaths necessary and proper to be taken before him; to issue subpoenas for witnesses, and compel their attendance by attachment; punish contempts by fine, and issue execution therefor; tax costs and issue fee-bills therefor; and such writs and subpoenas shall be served by the sheriffs of the several counties in this state, who, together with witnesses, shall receive therefor the same compensation which may be allowed by law for the same service or at

tendance in the circuit court, to be taxed against the party making such cost.

1269. (1255.) Entry of proofs before commissioner.-14. Such clerk or, if no clerk be appointed, such commissioner, shall enter of record such proof, by disinterested witnesses as may be produced before him, of the existence and contents of any record (judgments and decrees, and writs of execution and returns thereof, recognizances and forfeitures thereof, in courts of record excepted), bond, note, or other document or written paper whatever, which belonged to or was properly filed or deposited in the office of the clerk of the circuit, probate, commissioners', or other inferior courts of record in such county, which has been or may be destroyed: Provided, however, That no proof of the contents of any will shall be received until the commissioner is satisfied, by the oath of the person seeking to have the same recorded, or other satisfactory evidence, that neither the original nor an authenticated copy of the same can be produced.

1270. (1256.) Testimony, not conclusions, to be set out.— 15. Such commissioner and such recorder, in making entries of the testimony taken before them, shall set out at length the statements of the witness or witnesses, and not the conclusions drawn by such commissioner or recorder from such statements.

1271. (1257.) Signing record--Certifying-Evidence.-16. Such records shall be signed by such commissioner from day to day, and at the close of each volume he shall certify the same to be true and full copies of the testimony taken before him, and shall deposit such volumes, as fast as they are completed, in the different offices to which their contents respectively appertain. Such records, or properly certified copies thereof, may be read in evidence in any legal proceeding in this State, and shall have the same force and effect that the same testimony would have had if delivered orally in court.

1272. (1258.) Copies to have force of originals.-17. Copies of such records, or any part thereof, may be certified as true and full copies of all testimony taken on the subject-matter to which such part relates, by such commissioner, while such volume remains in his custody, and by the officers with whom the same may be properly deposited after such deposit, and shall have the same force and effect in evidence as the original of which they are copies.

1273. (1259.) Pay of commissioner, clerk and recorder.-18. Such commissioner shall, if he employ a clerk, be entitled to receive, as compensation, a sum to be allowed by the board of commissioners, not exceeding three dollars per day for the time actually employed; and if he acts as his own clerk, a like compensation of not exceeding four dollars per day. Such clerk, if one be employed, shall be paid not exceeding two dollars per day. The recorder of any such county shall be entitled to charge half the usual fees for recording, to be paid by the person for whom the same is done. All expenses of books, stationery, and per diem shall be paid by such county.

1274. (1260.) Record of copy of destroyed will.-19. Whenever

an authenticated copy of any will, or letters testamentary or of administration, the record whereof has been destroyed, shall be produced to the clerk of the proper court, he shall record the same in the same manner as if it was the original, and shall note upon the record the date at which it was originally recorded, which last record shall have the same force and effect the original record would have had if the same had not been destroyed.

1275. (1261.) New bonds by administrators, etc.-24. All guardians, administrators, and executors whose official bonds have been or may be destroyed in any general or notorious destruction of the records of any county in this state, shall, within three months thereafter, file new bonds, to the acceptance of the proper officer, or, failing so to do, they shall cease to be such guardians, executors, or administrators, and the proper court shall appoint a successor. The liability on such new bond shall commence from the time of filing the same in the proper office; and the sureties in the bonds destroyed shall not be liable for any default or miscarriage of their principal, occurring after such new bond has been filed.

1276. (1262.) County officers to file new bonds.-25. All county officers from whom, by law, official bonds are required shall, upon the destruction of any such bonds, file with the proper officer new bonds, within twenty days after they shall be notified of such destruction by written notice over the hand of the officer having the custody of the bonds destroyed, or failing so to do or to resign such offices, shall be fined, before any justice of such county, ten dollars for every day they so to do; and the liabilities on such new or old bonds, respectively, shall be the same as is provided in the preceding section of this act on like bonds given by guardians, executors and adminis

shall fail

trators.

1277.

(1263.) Auditor to replace papers and books of treasurer.— 26. If the precept and duplicate, or either of them, or any other public paper or papers in the hands of the treasurer of any county in this state has been or shall be, in whole or in part, destroyed, it shall be the duty of the county auditor of such county, or other officer whose duty it may be to furnish such papers, forthwith thereafter, to replace the same in his hands, by making out anew all such books and papers inal as the books and papers destroyed were made out; which precept, as have been destroyed, in the same manner and from the same origduplicate, and other books and papers, when so made out and placed in the hands of such treasurer, shall have the same force and effect as if they were the identical papers which had been destroyed.

1278.

charged with taxes on such duplicate, made out as in the last preced(1264.) Tax-payers must prove payment.-27. All persons

persons shall produce proper receipts for the same, or shall satisfy, by competent proof, such treasurer or the board of commissioners of such County that they have paid the same.

1279.

(1265.) New assessment-rolls.-28. Whenever, in any

county, both the assessment-rolls and duplicates shall be destroyed, the board of commissioners of such county shall cause new assessments and appraisements to be made out, in the same manner and under the same regulations that the original assessments and appraisements were made; and all such proceedings shall be thereafter had as may be necessary and proper, under existing laws, to enable the treasurer to collect all taxes due in such county.

[Acts 1893, p. 18. In force February 7, 1893.]

1280. Court records-Transcribing.-1. That whenever any civil order book, probate order book, judgment docket, entry docket, or other record book in which are kept any of the records and proceedings of any circuit, superior or criminal court in this state have been or shall be damaged by fire or otherwise to the extent that, in the opinion of the judge of such court, it is necessary in order to preserve and perpetuate the contents thereof, to transcribe the same into a new book, such judge shall make an order to be entered in the civil order book of such court ordering and directing the clerk of such court to transcribe the contents of such damaged book into a new book of like size and form, to be provided for that purpose by the county in which such court is held.

1281. Duty of clerk.-2. The clerk of such court shall thereupon promptly, under the direction of the court, transcribe the contents of such damaged book into a new book of like size and form, in plain, legible handwriting, and at the close thereof certify that the same is a full, true, correct and complete transcript of the contents of such damaged book, and after such record shall have been so transcribed and certified by such clerk, the judge of such court shall examine such transcribed record, and if he finds the same to be a correct transcript of the original, shall so certify at the end of such transcript immediately after the certificate of the clerk thereto.

1282. Damaged books preserved.-3. Such damaged books shall be preserved and kept in the office of the clerk of such court.

1283. Effect of new records.-4. Such transcribed book, when so made and certified, shall bear the name and number of the original damaged book of which it is a transcript, and such authenticated transcript therein contained shall be deemed, held to be and treated as the original, and shall have the full force and effect of the original for all purposes, and shall be admitted in evidence in all cases the same as the original.

1284. Fees of clerk-Payment.-5. Such clerk shall be allowed five cents per hundred words (four figures counting as one word) for transcribing such records, including index thereto, except that for docketing such cause on an entry, judgment or court docket, including dates, numbers, names of counsel, kind of action and all things complete as said cause appears on the original, said clerk shall be allowed two cents; and for indexing said causes on said new docket, he shall be allowed one cent for each cause so docketed, and no more, to