(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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