(765 ILCS 45/0.01) (from Ch. 116, par. 4.9)
Sec. 0.01.
Short title.
This Act may be cited as the
Destroyed Public Records Act.
(Source: P.A. 86-1324.)
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(765 ILCS 45/1) (from Ch. 116, par. 5)
Sec. 1.
Whenever it shall appear that the records, or
any material part thereof, of any county in this state have been destroyed
by fire or otherwise, any map, plat, deed, conveyance, contract, mortgage,
deed of trust, or other instrument in writing affecting real estate in such
county, which has been heretofore recorded, or certified copies of such,
may be re-recorded; and in recording the same the recorder shall record the
certificate of the previous record, and the date of filing for record
appearing in said original certificate so recorded shall be deemed and
taken as the date of the record thereof. And copies of any such record, so
authorized to be made under this section, duly certified by the recorder of
any such county, under his seal of office, shall be received in evidence,
and have the same force and effect as certified copies of the original
record.
(Source: Laws 1871-72, p. 652.)
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(765 ILCS 45/2) (from Ch. 116, par. 6)
Sec. 2.
In any county of this state where the records have been burned or
destroyed, as specified in the last section, and any map, plat, deed,
conveyance, contract, mortgage, deed of trust, or other instrument in
writing affecting real estate in such county, has been recorded in any
other county of this state, certified copies of the same, heretofore or
hereafter made, may be recorded in such county where the records have been
so burned or destroyed, and in recording the same the recorder shall record
all certificates attached thereto; and if any of such certificates show the
previous recording of the same in the county where the records have been
burned or destroyed, the date of filing for record, in such county
appearing in said certificate so recorded shall be deemed and taken as the
date of the record thereof. And copies of any such record, so authorized to
be made under this section, duly certified by the recorder of any such
county, under his seal of office, shall be received in evidence, and have
the same force and effect as certified copies of the original record.
(Source: Laws 1871-72, p. 652.)
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(765 ILCS 45/3) (from Ch. 116, par. 7)
Sec. 3.
Whenever, in any court in this state, or any other state, or in any
court of the United States, there are original or certified copies of any
deed, conveyance, contract, mortgage, deed of trust, or other instrument in
writing affecting real estate in such county, copies thereof, certified by
the clerk of such court, under his seal of office, may be made and recorded
in such county where the records have been so burned or destroyed, and in
recording the same the recorder shall record all the certificates attached
thereto; and if any of such certificates show the previous recording of the
same in the county where the records have been so burned or destroyed, the
date of filing for record in such county appearing in said certificate so
recorded shall be deemed and taken as the date of the record thereof.
Copies of any such record, so authorized to be made under this section,
duly certified by the recorder of any such county, under his seal of
office, shall be received in evidence, and have the same force and effect
as certified copies of the original record.
(Source: Laws 1965, p. 3690.)
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(765 ILCS 45/4) (from Ch. 116, par. 8)
Sec. 4.
Whenever the public record of any plat or map, which is required by
law to be kept by the recorder, has been or may hereafter be
injured or destroyed by fire or otherwise, it shall be the duty of the
State's Attorney of the county in which such injury, loss or destruction
has occurred or shall occur, forthwith to file in the circuit court a complaint,
in the name of the People of the State of Illinois, setting
forth substantially the fact of such injury, loss or destruction with the
circumstances attending the same, as near as may be; and thereupon the
clerk of such court shall cause such complaint to be published in full in
one or more public newspapers published in such county, for the period of
3 weeks, together with a notice, addressed to "all whom it may
concern," that the court will at a return day therein designated, which
shall not be less than 4 weeks from the first publication of such
information and notice, or as soon after such designated return day as the
matter can be heard proceed to hear and determine the matters alleged
in the complaint, and will take testimony for the purpose of
reproducing and re-establishing such records of maps and plats as the court
shall find to be damaged, lost or destroyed.
Parties defendant.) Upon such publication being made, all persons
interested shall be deemed defendants, and may appear in person or by
counsel, and be heard touching such proceedings.
Hearing.) If the court shall be satisfied that any public record of
maps and plats has been injured, lost or destroyed an order to that effect
shall be entered of record, and thereupon the court shall proceed to take
testimony for the purpose of re-producing and re-establishing the record so
damaged, lost or destroyed.
Continuances--Separate orders.) The proceedings may be continued from
time to time, and orders shall be entered as to each map or plat
separately.
New map recorded--Effect.) The clerk shall cause all maps and plats
adjudged by the court to be correct copies of the records damaged,
lost or
destroyed, as often and as soon as they are so adjudged to be filed in the
office of the recorder, with a certified copy of the order or
judgment of the court in the premises attached thereto, and recorded in a
book or books to be provided for that purpose. Such record shall be
deemed and taken in all courts and places as a public record, and as a true
and correct reproduction of the original record so damaged, lost or
destroyed.
(Source: P.A. 83-358.)
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(765 ILCS 45/5) (from Ch. 116, par. 9)
Sec. 5.
All costs and expenses incurred in the proceeding under the last
preceding section, including copies of maps and plats and recording of the
same, shall be taxed as costs against the county in which such proceedings
are had.
(Source: Laws 1871-72, p. 652.)
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(765 ILCS 45/6) (from Ch. 116, par. 10)
Sec. 6.
Whenever it shall appear that the records or any part thereof of
any county in this state have been destroyed by fire or otherwise, so that
a connected chain of title cannot be deduced therefrom, copies, duly
certified by the proper officers, of all deeds, patents, certificates,
plats and legal subdivisions of lands in such county in the custody or
control of any officer of this state or the United States, may be recorded
in the recorder's office of such county; and the record so made shall have
the same force and effect as the record of the originals of such
instruments.
(Source: Laws 1871-72, p. 652.)
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(765 ILCS 45/7) (from Ch. 116, par. 11)
Sec. 7.
It shall be the duty of the county board of such county, as soon as
may be, to procure from the United States authorities at Washington,
Springfield, or elsewhere, all maps, tract books or official entries or
properly authenticated copies thereof as relate to any of the lands in such
county, and cause the same to be recorded in the recorder's office of such
county.
(Source: Laws 1871-72, p. 652.)
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(765 ILCS 45/8) (from Ch. 116, par. 12)
Sec. 8.
It shall be the duty of the judges of the circuit court of the
county to examine into the state of the records in such county, and in case
they find any abstracts, copies, minutes or extracts from the records
existing after such destruction as above stated, and find
that the 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 the
records, the
circuit judges of the circuit shall certify the facts found by them in
respect to such abstracts, copies, minutes and extracts, and the
judges shall cause all evidence produced as to the abstract books to be
reduced to writing and shall cause all such evidence to be filed of
record as a part of the order of the court; and also
(if they are of that
opinion) that such abstracts, copies, minutes and extracts tend to show a
connected chain of title to the land in that county, and upon filing of a
certificate of such circuit judges with the county clerk of the proper
county, the county board may, with the approval of the judges of the
circuit, 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
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 such approval, procure a copy of the
abstracts, copies, minutes and
extracts instead of the original, to be paid for in like manner. Any
owner of the abstracts, copies or minutes shall
have the right to file a petition in the circuit court of the proper
county, in which petition he, she or they shall set forth the manner in which
such abstracts, copies or minutes were made or procured, and if the court
finds from the evidence produced (which evidence shall be preserved as
hereinbefore provided) that the abstracts, copies or minutes were fairly
made in the regular course of business before such destruction of the
records, the court shall enter a judgment to that
effect, and the evidence
produced on the trial of the cause entered as a part of
the judgment of the court. Thereupon the abstracts, copies, or minutes,
of the burnt records shall be taken 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
the abstracts, copies, minutes or extracts refer from the date
of entry). All abstracts to separate tracts of lands made by
the owner of the abstracts, copies, minutes or extracts shall also be
taken and held as prima facie evidence of what they contain when they were
accompanied with an affidavit signed and sworn to by the owner or owners
of the abstracts, copies, minutes or extracts, showing that
the separate
abstracts contain a full, true and perfect copy of all transfers on the
tract or tracts set forth in the separate abstracts as appears
upon the
abstracts, copies, minutes or extracts, as established by the circuit court
of .... County, on the .... day of ...., .... and that the separate
abstracts contain all deeds, mortgages and other liens on the separate
tracts, as shown by the abstracts, copies, minutes or extracts established
as above stated.
(Source: P.A. 84-1308.)
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(765 ILCS 45/9) (from Ch. 116, par. 13)
Sec. 9.
All abstracts, copies, minutes and extracts, or copy thereof,
if so bought as
provided in this Act,
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 such county, shall be
admissible as evidence in all the courts in this state. It shall be the
duty of the recorder of to such county to furnish
to any and all parties requesting it (upon being paid the charges herein
provided for), certified 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, orders 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, order
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 order shall be prima facie
evidence of the existence of such power, judgment or order: Provided, that
nothing in this act contained shall impair the effect of such destroyed
record as notice.
(Source: P.A. 83-358.)
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(765 ILCS 45/10) (from Ch. 116, par. 14)
Sec. 10.
In case of such destruction of records, as aforesaid,
the circuit court in the county shall have power to
inquire into the condition of any title to or interest in any land in such
county, and to make all such orders and judgments as may be
necessary to determine and establish such title or interest, legal or
equitable, against all persons known or unknown, and all liens existing on
such land, whether by statute, judgment, mortgage, deed of trust or
otherwise.
(Source: P.A. 79-1366.)
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(765 ILCS 45/11) (from Ch. 116, par. 15)
Sec. 11.
It is lawful for any person claiming title to any lands in such
county at the time of the destruction of such records, and for all claiming
under any such person, to file a petition in the circuit court in
such county, praying for a judgment establishing and confirming his title.
Any number of parcels of land may be included in one petition, or
separate petitions may be filed, as the petitioner may elect.
The petition shall state clearly the description of the lands, the
character and extent of the estate claimed by the petitioner, and from
whom, and when, and by what mode he derived his title thereto. It shall
give the names of all persons owning or claiming any estate in fee in the
lands, or any part thereof, and also all persons who shall be in possession
of the land, or any part thereof, and also all persons to whom any such
lands shall have been conveyed, and the deed or deeds of such conveyance
which have been recorded in the office of the recorder of such
county, since the time of the destruction of such records
as provided for in this Act, and prior to the
time of the filing of the petition, and their residences, so far as the
same are known to petitioner; and if no such persons are known to
petitioner it shall be so stated in the petition.
All persons so named in the petition shall be made defendants, and shall
be notified of the action by summons, if residents of this State, in the same
manner as is now or may hereafter be required in civil proceedings by the
laws of this State; provided, that the notice specified in Section 12
of this Act is the only publication notice required, either in case of
residents, non-residents or otherwise. All other persons shall be deemed
and taken as defendants by the name or designation of "all whom it may
concern".
The petition shall be verified by the affidavit of the petitioner, or by
the agent of petitioner; and a party so swearing falsely is guilty of
perjury and shall be punished accordingly, and is liable in damages to any
person injured by such false statement, to be recovered in a civil action
in the circuit court.
(Source: P.A. 90-655, eff. 7-30-98.)
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(765 ILCS 45/12) (from Ch. 116, par. 16)
Sec. 12.
It shall be the duty of the clerk of the court in which the
petition is filed, to enter, in a separate book or books to be kept for the
purpose the names of the petitioners and defendants, the date of filing
the petition, and a description of all the lands included therein, which
record shall be at all times open to the public. All lands in each separate
town, addition, section or subdivision shall be entered on the same page,
or consecutive pages, with an index to the book or books, showing on what
page any such separate town, addition, section or subdivision may be found.
The clerk shall also, in all cases, cause publication of notice to be made
of the filing of said petition, which notice shall be entitled "Land Title
Notice," and shall be substantially as follows:
A. B. C. D. etc., (here giving the names of all known defendants, if
any,) and to all whom it may concern:
Take notice, that on (insert date), a
petition was filed by the undersigned, in the .... court of .... County, to
establish his or her or its title to the following described lands.
(Here insert a full description of the lands in the petition.) Now, unless
you appear on (insert date) in the court,
(naming a return day at least 30 days from the first insertion of the notice),
and show cause against such application, the allegations of the petition shall
stand admitted, and the title or interest of the petitioner will be adjudged
and established according to the prayer of the petition, and you forever barred
from disputing the same.
G.P. Attorney at LawE.F. Petitioner
The notice shall be published once a week for 3 weeks the first
insertion to be at least 30 days prior to the return day named in such
notice for appearance, and the several publications shall be in the same
newspaper in the county or if there be no newspaper published in the
county, then in a newspaper published in one of the counties nearest
thereto. Provided, the newspaper shall be a newspaper of general
circulation, printed in the English language, and shall have been
continuously published in the county for a period of at least 6 months.
(Source: P.A. 91-357, eff. 7-29-99.)
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(765 ILCS 45/13) (from Ch. 116, par. 17)
Sec. 13.
Any person interested may oppose any such petition, and file his
answer or appropriate motion thereto on or before the day named in said
publication notice, unless the time be extended by order of court, and may
also file a cross petition if he or she desires to do so. Such answer shall
admit or deny all the material allegations of the
petition, and shall, except when made by guardians ad litem, be verified by
the affidavit either of the respondent or his agent, in the same manner as
above required on cases of the petition. The answer shall have no other
nor greater weight as evidence than the petition.
(Source: P.A. 79-1366.)
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(765 ILCS 45/14) (from Ch. 116, par. 18)
Sec. 14.
If no appropriate motion or answer shall be filed as above
provided, the petition may
stand as admitted, and a judgment entered
according to the prayer of such petition, upon proof of the facts stated in such
petition; but if any person shall file an answer
to such petition, the court may hear evidence. If the petition includes more
than one parcel of land, and no appropriate motion or answer shall be filed
as to some of the parcels, the court may enter a judgment as to
those parcels as to which no appropriate motion or answer shall be filed,
and hear evidence as to the remaining parcels.
(Source: P.A. 79-1366.)
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(765 ILCS 45/15) (from Ch. 116, par. 19)
Sec. 15.
It shall be competent for courts, in all such judgments
to determine and order in whom the
title in any or all of the lands described in the petition is vested,
whether in the petitioner, or in any other of the parties before the court;
but such judgment shall not in any wise affect any lien or liens to which
such fee may be subject, and which have been created since the destruction
of such records, whether the same be by mortgage, deed of trust, judgment,
statute, mechanics' lien, or otherwise, but shall leave all such liens to
be ascertained or established in some other proceeding, or to be enforced
as the parties holding them may see fit.
(Source: P.A. 79-1366.)
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(765 ILCS 45/16) (from Ch. 116, par. 20)
Sec. 16.
The judgment of the court, when entered,
shall be forever binding
and conclusive: Provided, that any judgment shall be subject to be opened,
modified, vacated or set aside on appeal. Any judgment 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 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 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 as to such person omitted, but
shall be final and conclusive as to all others.
All defendants who shall not be actually served with a summons in the action
in which such judgment may be entered, shall have allowed
to them the same
time after the entry of such judgment within which, upon petition to the
court entering the judgment, to have such judgment vacated
and set aside in
the same manner as is allowed to defendants in other civil cases.
(Source: P.A. 83-358.)
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(765 ILCS 45/17) (from Ch. 116, par. 21)
Sec. 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 before 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 8 of this
Act, it shall be the duty of the person or persons having filed the same
or claiming the benefit thereof, within 60 days from the time this Act
takes effect, to re-file for record such deeds or other instruments or
copies thereof, or if that cannot be done, then he shall, within 60
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, it shall
be lawful for any person having a duly certified copy of said record to
cause the same to be recorded, which record shall have the same force and
effect as now belong to the record of original deeds.
(Source: P.A. 91-357, eff. 7-29-99.)
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(765 ILCS 45/18) (from Ch. 116, par. 22)
Sec. 18.
No tax deed or certificate of tax sale based on any
proceedings, the record of which shall appear to have been destroyed, as
aforesaid, shall be received in any of the courts of this state as prima
facie evidence of the regularity of such proceedings, but the burden of
proof shall be upon the person claiming
under such deed or certificate
to show the regularity and legality of all such proceedings; in order to
sustain the validity of any tax deed or sale for any tax or taxes,
assessment or assessments, in any county to which the provisions of this
act are applicable, in any suit or proceeding whatsoever, it shall be
necessary for the party relying upon any such deed or sale to show,
affirmatively, that each and all the provisions of law, in respect to
assessment, levy, sale and deed of the lands affected or to be affected
by any such deed or sale as aforesaid, have been in all respects
complied with--and no presumption shall be indulged in favor of any such
tax deed or sale: and it shall not be sufficient to show a collector's
report, notice, judgment, 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.
(Source: P.A. 80-1495.)
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(765 ILCS 45/19) (from Ch. 116, par. 23)
Sec. 19.
Executors, administrators, guardians and trustees
shall be entitled to proceed under this act in behalf of the interest and
rights they represent.
(Source: P.A. 83-706.)
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(765 ILCS 45/21) (from Ch. 116, par. 25)
Sec. 21.
The word "person," when used in this act, shall include persons
and all bodies politic and corporate.
(Source: Laws 1871-72, p. 652.)
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(765 ILCS 45/22) (from Ch. 116, par. 26)
Sec. 22.
The provisions of the Civil Practice Law, and all existing
and future amendments of such Law and modifications thereof, and the
Supreme Court Rules now or hereafter adopted in relation to that Law,
shall apply to all
proceedings hereunder, except as otherwise provided in this Act.
(Source: P.A. 82-783.)
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(765 ILCS 45/23) (from Ch. 116, par. 27)
Sec. 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, when any party to such action or proceeding, or his agent
or attorney in his behalf, orally in court, or by affidavit, to be
filed in such action or proceeding, testifies and
states under oath that the
original of any deeds, conveyances, or other written or record evidence,
has been lost or destroyed, or not in the power of the party wishing to use
it on the trial to produce the same, 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 to establish the execution or contents of
the deeds, conveyances, records, or other written evidence, so lost or
destroyed, but 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 any writings in
the possession of any person or persons which may become
admissible in evidence,
under the provision of this Section or of any other part of this Act, shall
be rejected and not be admitted in evidence unless the same appears upon its
face without erasure, blemish, alteration, interlineation or interpolation
in any material part, unless the same is explained to the satisfaction of
the court, and to have been fairly and honestly made in the ordinary course
of business. Any person or persons making any such erasure,
alteration, interlineation or interpolation, in such writing, with the
intent to change the same in any substantial matter, after the same has
been once made as above stated, shall be guilty of the
crime of forgery, and
be punished accordingly. Any person or
persons who is or are engaged in
the business of making writings or written entries concerning or relating
to lands 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, for a fee, reward
or compensation therefor, and do 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 such
abstracts or copies to the person and persons from time to
time applying therefor, in the order of applications and without
unnecessary delay, and for a reasonable consideration to be allowed
therefor, which in no case shall exceed the sum of $1.50 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 refuses so to do, if tender or
payment is made to
him or them of the amount demanded for such abstract or copy, not exceeding
the amount provided in this Act, as soon as such amount is made known, or ascertained,
or of a sum adequate to cover such amount, before its ascertainment, shall
be guilty of the crime of extortion, and punished by a fine of not less
than $100, and not exceeding $1,000 therefor, upon indictment in
the circuit court,
and shall also be liable in a civil action
for any and all damages, loss
or injury, which any person or persons applying therefor may suffer or
incur by reason of such failure to furnish such abstract or copy as provided
in this Act.
(Source: P.A. 84-550.)
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(765 ILCS 45/24) (from Ch. 116, par. 28)
Sec. 24.
Whenever, upon the trial of any suit or proceeding which is now or
hereafter may be pending in any court in this state any party to such suit
or proceeding, or his agent or his attorney in his behalf, shall orally in
court or by affidavit to be filed in such cause, testify and state under
oath that the originals of any deeds or other instrument in writing, or
records of any court relating to any lands, the title or any interest
therein, being in controversy in such suit or proceeding, are lost or
destroyed, or not within the power of the party to produce the same, and
that the records thereof are destroyed by fire or otherwise, it shall be
lawful for such party to offer, and the court shall receive as evidence any
abstract of title, or letter-press copy thereof, made in the ordinary
course of business prior to such loss or destruction, and it shall also be
lawful for any such party to offer, and the court shall receive as
evidence, any copy, extracts of minutes from such destroyed records, or
from the originals thereof, which were, at the date of such destruction or
loss, in the possession of persons then engaged in the business of making
abstracts of title for others for hire. A sworn copy of any writing
admissible under this section made by the person or persons having
possession of such writing, shall be admissible in evidence in like manner,
and with like effect, as such writing, provided the party desiring to use
such sworn copy as evidence shall have given the opposite party a
reasonable opportunity to verify the correctness of such copy.
(Source: Laws 1887, p. 258.)
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