Papers Of Abraham Lincoln

In force, Feb. [February] 27, 1841.

An ACT concerning the records of Madison County.
1

Patents and deeds

Sec. [Section]1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be lawful for the county commissioners' court of any county in which any of the military bounty lands in this State are situated, to procure to be copied into a well bound book or books, at the expense of such county, all deeds, patents, bonds, leases, or other writings for the conveyance of, or relating to lands lying in such county, and which deeds, patents, bonds, leases, or other writings were recorded in the county of Madison previous to the organization of any county north of the Illinois river; such copies to be placed in the recorder's office of the county procuring the same.

Certified copies

Sec. 2. The person or persons employed by the county applying for such copies, shall have access to the books in the recorder's office of Madison county, for the purpose of making such copies; and the recorder of Madison county shall carefully compare such copies with the records in his office, and if he finds them to be correct, he shall make a certificate to that effect under his hand and seal of office at the end of each volume of such copies.

Note of record

Sec. 3. At the end of the copy of each deed or other writing copied as aforesaid, the person copying the same shall note the volume and page of the record from which it is copied.

Pay of recorder

Sec. 4. For his services in comparing such copies, the recorder of Madison county shall be entitled to compensation, at the rate of twelve and a half cents2 for each deed, or other writing so compared by him, to be paid by the county applying for such copies.

Copies shall be evidence

Proviso.

Sec. 5. All copies made, compared, and certified as aforesaid, and all transcripts of such copies, certified under the hand and official seal of the recorder, in whose office such copies shall be kept, shall be received and taken as evidence of the facts set forth therein, in all courts of justice, and other places in this State, in as full and ample a manner as the records from which they shall be taken: Provided, however, That if any discrepancy or variance shall be found to exist between said copies and the records of Madison county, then a copy from the records in said county of Madison, certified by the recorder thereof to be correct, and to have been examined with reference to such variance, shall be received as the proper evidence.

Laws not affected

Sec. 6. This act shall not be so construed as to change or effect the existing laws of this State, in relation to the admission of the copies of deeds or other writings as evidence, but the same rules of evidence, as to the production of the original deeds or writings, shall obtain as now provided on that subject.

Acts repealed

Sec. 7. All acts and parts of acts heretofore passed for

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the copying of the records of Madison county, and for the removal of said records from Madison county, are hereby repealed. This act to take effect from and after its passage.3

Approved, February 27, 1841.

1On February 13, 1841, George Churchill introduced SB 200 in the Senate. On February 18, the Senate passed the bill. On February 23, the House of Representatives amended the bill by filling in the blank in the fourth section with the words “twelve and a half cents.” On February 24, the House passed the bill as amended. On February 26, the Senate concurred in the House’s amended version of the bill. On February 27, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1840. 12th G. A., 442, 474, 488; Illinois Senate Journal. 1840. 12th G. A., 314, 326, 337, 398, 420-421, 432, 444.

2On February 23, 1841, the House of Representatives amended the bill by filling in the blank with the words “twelve and a half cents.”
Illinois House Journal. 1840. 12th G. A., 474.

3On February 9, 1835, the General Assembly enacted an act concerning public records in Madison County. In February 1836, the General Assembly amended this act with another act.