In force Febru- AN ACT surrendering title and interest of State in the track of a certain railroad ary 21, 1859. to certain persons, for railroad purposes, therein named.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Right of state state of Illinois hereby surrenders to William Shepherd, surrendered. Castle R. Harrison and George R. Stocker, for the use of the Jacksonville, Alton and St. Louis Railroad Company, to be used for the purpose of said railroad, and for no other purpose, all the right, title or interest she has in the track, grade, right of way, or other privileges or appurtenances of, in or belonging to so much of the Alton and Springfield Railroad, as lies between the St. Louis, Alton and Chicago Railroad, in township five north, range ten west of the third principal meridian, extending through the town of Upper Alton, to the eastern limits of the city of Alton, in Madison county; and the said William Shepherd, Castle R. Harrison and George R. Stocker, for the use aforesaid, and for the purposes aforesaid, are hereby authorized to take, use and enjoy all such rights, interests, claim or demand of this state in the work or material of that part of the road above described as is now belonging or appertaining to the state. § 2. This act shall be in force from and after its passage. APPROVED February 21, 1859.

In force April 26, 1859.

AN ACT in relation to Forfeited Recognizances.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all Additional fee. cases of forfeited recognizances in the courts of this state, where the forfeiture is set aside at the instance of the defendant or defendants, except where such forfeiture has been erroneously or irregularly entered, in addition to the ordinary costs, the sum of five dollars shall be taxed, as a fee to the state's attorney, and collected as other costs. APPROVED February 21, 1859.

In rce Febru y 22, 1859.

County

AN ACT to authorize certain records to be transcribed.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall court be the duty of the county court of Christian county to probooks. vide a sufficient number of blank books, substantially bound. and suitable for recording deeds, which books, when pro

t

provide

vided, shall be delivered to the clerk of the circuit court of Christian county, who shall receipt for the same.

transcribe re

2. As soon as such books shall have been delivered to Circuit clerk to said circuit clerk, he shall in due time proceed to all re- cords. cording offices in this state where deeds or other title papers for lands lying within the said county of Christian have been by law required or permitted to be recorded, or where such records may be deposited or kept, and shall, from the books of said offices, make out and record in a fair and legible manner, in the books furnished him for that purpose, all deeds and title papers for lands lying in the said county of Christian, which have been recorded in any such recording offices as aforesaid; after which said circuit clerk shall make a certificate at the end of each book that the same was correctly copied.

$ 3. The said circuit clerk in transcribing the deeds and Notes. title papers aforesaid, shall immediately after transcribing each deed, title paper and acknowledgment, note in said book at what time, in what office, book and page the same was originally recorded.

be recorded.

$4. When said transcript shall have been completed and Transcripts to certified by said clerk as aforesaid and deposited in said clerk's office, in said county of Christian, they shall to all intents and purposes be considered as books of records of deeds and title papers for the said county of Chiristian, and copies of such transcribed deeds and title papers, certified by the recorder of Christian county, shall be evidence in all courts in this state in the same manner that copies of deeds and other title papers regularly recorded in the recorder's office of said county are evidence, and with the like effect.

5. It shall be the duty of all recorders and other persons Duty of who may have the care, custody or control of any of the corders. books in which deeds and other title papers to lands lying within the county of Christian have been recorded, to permit said clerk to make transcripts of all and every such deed and title paper, and for that purpose to have access to and the use of the books in which such deeds or title papers may be recorded.

re

6. Upon the completion of said transcribed records Compensation. aforesaid, by the clerk aforesaid, the county court of said county of Christian shall make an order on the treasury of said county in favor of said clerk, for his services, at and after the rate of ten cents for every one hundred words contained in said transcript; which said order shall be paid as other county orders are now by law required to be paid.

§ 7. This act to take effect from and after its passage. APPROVED February 22, 1859.

In force April 23, 1859.

Preamble.

AN ACT to legalize certain transcribed records in Macon county.

Whereas certain of the records of deeds, bonds, mortgages and other instruments of writing, required by law to be recorded in the office of the recorder of the county of Macon, were in danger of being lost, and being destroyed by means of the insufficiency of the books in which they were contained; and whereas, by order of the county court of said county, Joseph Q. A. Odor, clerk of the circuit court of said county, has transcribed, and caused to be transcribed under his supervision, the records contained in the old books in said recorder's office, marked and lettered "A," "B," "C,” “"D," "E," and "F," and has recorded the same in a large, and well bound book, marked and lettered "A"; and has transcribed, and caused to be transcribed, into a large, and well bound book, marked, and lettered "H," the records contained in the old book in said office, marked aud lettered "H"; now, therefore,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the tranTranscripts described records, contained in record books, marked and letclared sub- tered "A," and "H," as aforesaid, are hereby declared to

stitutes.

be substitutes for the original, records made in said county, as follows, to-wit: Book "Á," of the original books in said office marked "A," "B," "C," "D," "E" and "F," and book "H" of the original book, marked "H."

Certified copies § 2. Be it further enacted, That certified copies of to be evidence. the instruments, recorded in said "Transcribed Records shall be made whenever required, and shall be received and taken as evidence, in all cases where copies from the original books in said office would have been so taken and received.

Certificate.

83. Be it further enacted, That it shall be the duty of said J. Q. A. Odor, clerk, &c., as aforesaid, to write in each of said books of transcripts a certificate to the effect that the same are full, true and perfect transcripts of the said books therein transcribed, and shall file copies of said certificates in the office of the clerk of the county court of said county of Macon; from and after which, this act shall be in force and a public law.

APPROVED February 4, 1859.

in force February 16, 1859.

AN ACT to restore the records of Wabash county.

SECTION 1. Be it enacted by the people of the State of Finney D. Pres Illinois, represented in the Genral Assembly, That Finney D. Preston, of Richland county, be and he is hereby ap

ton apointed COMNIEJSioner.

pointed a commissioner, and as such shall have power, upon giving thirty days' previous notice of the purpose of said commissioner, in some newspaper printed in the said county of Wabash, if one be published, and if none, then in the next nearest published to said county, and shall proceed, at Duties. Mt. Carmel, the seat of justice of said county of Wabash, in the state of Illinois, to take proof of the contents of all records, instruments and legal documents which were destroyed by fire in the court house lately burned in said. county, at the instance and request of the parties interested therein, and, as such commissioner, shall have power to compel the attendance of witnesses when requested or required by the parties interested as aforesaid. And the proof Proof to be reso taken shall be entered of record in suitable and well corded. bound books, to be provided by the said county of Wabash, and when so recorded and certified, shall be placed in the respective offices where the original records respectively belonged before their said destruction; and when so taken and recorded and placed in the said offices as aforesaid, shall be deemed and regarded as prima facie evidence of the To be prima contents of the said original records as aforesaid, and shall moreover be taken and held, or the duly certified copies thereof, in all courts and places in this state: Pro- Proviso. vided, that the destruction of said original records or any of the acts and doings of said commissioners shall not be deemed or held to impair any legal rights that the said ties interested might otherwise have in the premises. And

par

facie evidence.

the said commissioner shall receive the sum of five dollars Compensation. per day for each day actually employed in taking of said proofs as aforesaid, to be paid out of any moneys in the

state treasury, not otherwise appropriated.

2. James S. Johnson, of Wabash county, be and he is J. S. Johnson hereby appointed secretary to the said commission; also, appointed seshall, at the expense of the said connty of Wabash, provide cretary. an office room in the court house of said county, and who shall, when required by the said commissioner, enter of record in suitable well bound books, as aforesaid, all proofs Shall record taken of the contents of said original records, instruments proof. and documents destroyed as aforesaid, and when done, shall place on file in the said offices respectively the said books containing the proofs of the contents of the said original records destroyed as aforesaid, and when so taken, recorded and filed by the said secretary, shall be deemed and taken as prima facie evidence of the original contents of said records, destroyed as aforesaid; and the said secretary shall receive for his services the sum of three dollars per day for Compensation each day actually employed, to be paid as provided for in the case of the said commissioner: Provided, that the whole Proviso. sum to be thus drawn shall not exceed two thousand dollars. § 3. The said commissioner or secretary, or either of them, shall have power to swear witnesses that may appear

Power swear nesses.

Oath.

Vacancy.

wit

to before said commissioner to testify with reference to the contents of the original records destroyed as aforesaid, and the said commissioner and the said secretary shall each, before entering upon their respective duties, take and subscribe to an oath conditioned for a faithful performance of their trusts, which said oath, when so taken and subscribed, shall be entered of record in the first book opened for the recording of said proofs.

4. Should either or both of said commissioner or secretary vacate their said positions by death, resignation or refusal to serve, then and in that case it shall be competent for the circuit judge presiding in the 12th judicial circuit at the time such vacancy may occur to appoint in his or their stead suitable and competent person or persons, who shall possess the same powers and perform the same duties conferred and required by this act in relation to said destroyed records. Judge to cer- The said judge shall also certify to the number of days actify service. tually employed by the said commissioner and secretary as aforesaid: Provided, also, that the said commissioner shall commence, should he be requested or required by the parties interested therein, to proceed with the business of said commission in the taking and recording of said proofs by the first day of July, A. D. 1859, and that he be required by this act to discontinue the same at the expiration of one year from the said first day of July.

Proviso.

Constables and sheriff's

powered

Fees.

to

§ 5. Constables of said county of Wabash and sheriffs ems of any county in this state also are by this act empowered serve process. to serve process, and witnesses who may attend as aforesaid shall be allowed the same fees and compensation as are now allowed by law in civil cases in this state, which said fees and compensation shall be taxed against and recovered from the parties interested therein and who request process to issue and witnesses to attend to testify as aforesaid.

§ 6. This act shall take effect from and after its passage. APPROVED February 16, 1859.

In force Febru ary 9, 1859. Preamble.

AN ACT to restore to Wabash county certain books.

Whereas, on the 5th day of April, A. D. 1857, the court house at and for the county of Wabash was destroyed by fire, together with all the records, books, papers, &c., belonging to said county; therefore,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the sec of retary of state be required to inquire into the loss of state to furn- the said books, pertaining and belonging to the said county of Wabash, destroyed as aforesaid, and that the sec

Secretary

ish books.