« AnteriorContinuar »
the facts to be, touching the necessity for such repairs, changes, or rebuilding to the Attorney General of the State of Illinois, who shall thereupon take such action as may be necessary to secure compliance with such recommendations of said board. In all actions or proceedings brought by the Attorney General to compel compliance with the recommendation of the board, the findings of the board shall be prima facie evidence of the facts therein stated, and the recommendations of the board shall be deemed prima facie, just and reasonable. Nothing herein contained shall impair the legal liability of any railroad company for the consequence of its acts. And all existing remedies therefor are hereby saved to the people and to individuals."
APPROVED June 16, 1887.
ABSTRACT BOOKS MAY BE KEPT.
§ 1. In counties where Recorder of Deeds
are elected abstract books including
§ 2. Fees in counties of the 3d class for ab
stract of title; salary of recorder. § 3. Recorder shall give bond.
An Act to authorize recorders of deeds in counties where recorders of
deeds are elected to keep abstract-books, to make abstracts of title, and fixing the fees and compensation therefor.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all counties where a recorder of deeds is elected, in which said recorder of deeds has heretofore been, or shall hereafter be, required by the county board to keep abstract books showing by tracts every conveyance or incumbrance recorded, the date of the instrument, the time of filing the same, the book and page wiiere the same is recorded, and showing a true chain of title to each tract and the incumbrances thereon, as shown by the records of his office, such recorder shall, and he is hereby authorized, to keep judgment dockets and indexes thereto, showing all judicial proceedings affecting title to real estate in such county, tax sale books with indexes thereto, showing sales or forfeitures of all lands in the county for unpaid taxes and assessments, and such other books as are usual or necessary to be kept for the purpose of making complete abstracts of title to real estate; and the county board shall furnish such recorder with the necessary rooms, books, stationery, fuel and lights for the purposes herein set forth : Provided, that nothing in this act shall be construed to empower the recorder to prevent the public from examining and taking memoranda from all records and instruments filed for record, indexes and other books in his official custody; but it shall be his duty, at all times when his office is or is required by law to be open, to allow all persons without fee or reward to examine and take memoranda from the same.
§ 2. Every recorder of deeds keeping such books, is hereby authorized, and it shall be his duty, to make and certify under the seal of bis office, for all persons desiring the same, abstracts of title to real estate in his county, and to charge therefor, in counties of the third class, not to exceed the following fees:
For each certificate, certifying to the condition of the title as shown by such abstract, judgment and tax books, the sum of three dollars ($3.00), said sum of three dollars ($3.00) to include the showing of one instrument of conveyance, incumbrance or release thereof, judgment or tax sale.
For each additional instrument of conveyance, incumbrance or release thereof, the sum of one dollar ($1.00).
For each additional judgment or tax sale the sum of seventy-five (75) cents.
For chancery and probate court proceedings necessary to be shown, one dollar ($1.00) per page.
Which fees shall be accounted for by such recorder in like manner with the fees received by him from recording. And every such recorder shall, for his services in keeping such books and making such abstracts of title, in counties of the third class receive salary of one thousand dollars per annum, to be paid only out of the fees of his office actually collected, which compensation shall be in addition to the salary allowed him for his duties as recorder. In counties of the second class, he shall receive such salary and be authorized to charge such fees as may be fixed by the county board.
§ 3. Every such recorder shall, before making and certifying any such abstracts of title, give a bond with sufficient security, to be approved by the judge of the county court, payable to the People of
State of Illinois, in the penal sum of twenty thousand dollars ($20,000), conditioned to secure the accuracy and correctness of any and all such abstracts of title, and to indemnify any and all persons purchasing such abstracts from such recorder, for all actual losses or damages which they may sustain by reason of any errors, mistakes or omissions in any such abstracts of title, which bond shall be filed in the office of the Secretary of State, and a copy thereof entered upon the records of the county court.
APPROVED June 16, 1887.
RECORDS AND FILES OPEN TO INSPECTION.
§ 1. Amends the act of 1874, by adding a section; books shall be open to public inspection. An Act to amend an act entitled “An act to revise the law in relation
to recorders," approved March 9, 1874. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an act entitled “An act to revise the law in relation to recorders," approved March 9, 1874, be amended by adding thereto the following section :
“Section 21. All records, indices, abstract and other books kept in the office of any recorder, and all instruments filed for record therein, shall, during office hours, be open for public inspection and examination; and all persons shall have free access for inspection and examination to such records, indices, books and instruments, which the recorders shall be bound to exhibit to those who wish to inspector examine the same; and all persons shall have the right to take memoranda and abstracts thereof without fee or reward.
APPROVED May 31, 1887.
DESTROYED BY FIRE.
§ 1. Amends section 8, act of 1872, by requiring the evidence produced with respect to ah
stract copies, minutes and extracts to be reduced to writing and made a matter of record in court, and making such abstracts, etc., prima facie evidence of what they contain. Amends section 9 by making such abstract copies, minutes and extracts presumptive evidence. Amends section 15 by making it apply to liens created since the destruction of the records. Amends section 16 by providing that appeals may be taken from any decree within two years. Amends section 24 by making letter-press
copies of abstracts of title, and copies, abstracts and minutes, evidence. An Act to amend sections eight (8), nine (9), fifteen (15), sixteen (16)
and twenty-four (24) of an act entitled "An act to remedy the evils consequent upon the destruction of any public records by fire or other. wise," approved and in force April 9, 1872.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 8, 9, 15, 16 and 24 of an act entitled "An act to remedy the evils consequent upon the destruction of any public records by fire or otherwise," approved and in force April 9, 1872, shall be and are hereby amended so that said sections as amended shall read respectively as follows:
“Section 8. It shall be the duty of the judges 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 the 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 or superior courts of Cook county, shall certify the facts found by them in respects 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 abstract copies, minutes and extracts tend to sbow a connected chain of title to the land in said county, and upon filing of a 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 abstract copies, minutes or extracts, or such part thereof as may tend to show a connected chain of title to the land 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 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 original, 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, minutes or extracts, as established by the circuit court of
.. county, on the...... day of A. D. ......, 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 aforesaid.
“Section 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 sucb 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), certitied 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 assessments excepted,) shall be presumed to be regular and correct, except 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, decres 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 nothing in this act contained shall impair the effect of said destroyed record as notice.'
“Section 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