(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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