If no demurrer is filed.

Court to decree title.

vit either of the respondent or his agent, in the same ma ner as above required on cases of the petition. Said answe shall have no other nor greater weight as evidence than th petition.

§ 14. If no demurrer or answer shall be filed by the third day of said term, or by the day allowed by the orde of said court, as above provided, the petition may be take for confessed, and a decree entered according to the praye of said petition, upon proof of the facts stated in said peti tion; but if any person shall file an answer, as aforesaid, t such petition, the court may hear evidence, or order a refer ence to a master in chancery or special commissioner, take evidence and report, when the same proceedings shal be had as on a reference to a master in chancery under s according to the practice in courts of chancery in this state. If the petition includes more than one parcel of land, an no demurrer or answer shall be filed as to some of said par cels, the court may enter a decree, pro confesso, as to thos parcels as to which no demurrer or answer shall be filed and hear evidence, or order a reference as to the remaining! parcels.

§ 15. It shall be competent for said courts, in all such decrees, whether pro confesso, or on the report of any ma ter 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 any wise affect any lien or liens to which said fee may be subject, whether by mortgage, deed of trust judgment, statute, mechanics' lien or otherwise, but shal leave all such liens to be ascertained or established in some other proceeding, or to be enforced, as the parties holding them may see it. Any person having, at the time of such destruction of the records as aforesaid, any lien, by mort gage, trust deed or otherwise, upon any lands in such county, and having lost the proof thereof, and all parties claiming under any such person, may file a petition for the parpose of establishing the existence, conditions, character and Lien or mort- extent of said lien. All persons known to the petitioner as having or claiming any interest or lien in or upon said lands shall be made defendants, by name, and the same proceedings shall be had as in the case of the petition above provi ded. The decree shall find the existence of such lien (if any exists), its condition, character and extent, and any lien so established may be enforced according to the terms thereof. Decree to be § 16. Said decree of said court, when entered on either of the petitions above mentioned, shall be forever binding and conclusive, unless an appeal be taken during the term of the court at which the decree shall be rendered, or a writ of error shall be sued out within twelve months from the entry of said decree, in which case the final decree entered

gage.

binding and

conclusive.

may be vacated.

in said cause shall be binding and conclusive as aforesaid from the entry thereof, except against minors and insane persons: Provided, that any decree entered on any petition When decree filed more than three years after the destruction of such records as aforesaid, shall be subject to be opened, vacated or set aside on petition, appeal or writ of error, within two years after the entry of such decree: And, provided, further, that married women, insane persons and minors shall have two years after their disabilities are recovered to prosecute a writ of error from 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 after [as to] such person so omitted, but shall be final and conclusive as to all others, except those by this act excepted: And, provided, further, that in all decrees against infants, persons of unsound mind, or married women claiming property in their own right other than right of dower, the decree shall set forth the evidence upon which it is based; but this proviso shall not be so construed as to excuse the failure to preserve the testimony in other cases, in such manner as may be required by law: 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 same decree vacated and set aside in the same manner as is now allowed to defendants under section fifteen, of chapter twenty-one, of the Revised Statutes, entitled 'Chancery.'

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 be fore 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 refile 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, a duly certified copy of said record to

When no proof exists.

of deeds, etc.,

Tax deeds and certificates.

cause the same to be recorded, which record shall have the same force and effect as now belong to the record of orige nal deeds.

§ 18. No tax deed or certificate of tax sale based on y proceedings, the record of which shall appear to have bee destroyed as aforesaid, shall be received in any of the cour of this state as prima facie evidence of the regularity e such proceedings, but the burden of proof shall be upon th per[son] claiming under such deed or certificate to sho the regularity and legality of all such proceedings; in orde to sustain the validity of any tax deed or sale for any ta or taxes, assessment or assessments, in any county to whic the provisions of this act are applicable, in any suit or pre ceeding whatsoever, it shall be necessary for the party rep ing upon any such deed or sale to show, affirmatively, th each and all of the provisions of law, in respect to asses ment, levy, sale and deed of the lands affected or tox affected by any such deed or sale as aforesaid, have been all respects complied with-and no presumption shall indulged in favor of any such tax deed or sale; and it sha not be sufficient to show a collector's report, notice, jalg ment, order of sale, sale notice, notice of sale, tax affidavit and deed, [anything] in this law or in any other law of this state to the contrary notwithstanding.

Executors and § 19. Executors, administrators, conservators, guardians administrators. and trustees shall be entitled to proceed under this act in behalf of the interests and rights they represent.

Special commissioners.

Fees.

The "person."

word

$ 20. The judges of courts having chancery jurisdiction in such county shall have power to appoint as many specia commissioners from time to time as they may deem neces sary to carry out the provisions of this act, in addition the masters in chancery of said courts, who shall be, «officio, such special commissioners, to take evidence and re port all such petitions as may be referred to them. The fees of all masters in chancery, commissioners, clerks, sher iffs, and all officers and employees, for services under the act, shall not, in any case, exceed two-thirds of the fees now or hereafter provided by law for the same services.

8 21. The word "person," when used in this act, shall include persons and all bodies politic and corporate. Rules and § 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.

regulations.

Liens and incumbrances.

§ 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, where the origins evidence has been destroyed or lost, or not in the power the party wishing to use it on the trial, 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,

of

to establish the execution or contents of the records and deeds so destroyed, although not admissible as evidence under existing rules governing the admission of evidence: 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 provisions 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, Interlineation alteration, interlineation or interpolation in any material or interpolation 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 lanus 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 and person s from time to time applying therefor, in the order of applications and without necessary delay, and for a 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 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 per

Pending suits.

son or persons applying therefor may suffer or incur by rea son of such failure to furnish such abstract or copy as afore said.

§ 24. Whenever it shall be made to appear in any court in which any suit or proceeding is now or hereafter may be pending that the originals of any deeds, other instruments of writing, or records in courts, relating to any lands, the title or any interest therein being in controversy in such suit or proceeding, is lost or destroyed, or not within the power of the party or parties to produce the same, and the records of such deeds or other instruments in writing or other records relating to or affecting such lands, is destroyed by fire or otherwise, it shall be lawful for any such party to offer in evidence any abstract of title made in the ordinary course of business prior to such loss or destruction, showing the title of such land, or any part of the title of such land that may have been made and delivered to the owners or purchasers or other parties interested in the land, the title or any part of the title of which is shown by such abstract of title.

APPROVED April 9, 1872.

REFEREES.

In force July 1, 1872.

AN ACT to provide for referees in common law causes.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all Court to appoint common law causes in courts of record, after issue joined er 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 judg ment 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 necessery 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.

Witnesses.

§ 2. Witnesses may be required to attend and testify before such referees in the same manner as is or may be pro