the county to which such unorganized county is attached for judicial purposes.

[As amended by act approved April 3, 1873. In force July 1, 1874 R. S. 1845, P. 108, § 22; Morrison v. Brown, 83 Ill. 562; Heaton v. Prather, 84 Ill. 330; Ætna Life Ins Co. v. Ford, 89 Ill. 252; Hall v. Shannon, 85 Ill. 473.

29. Certified copies recorded — evidence. $ 29. Where an original deed, mortgage or other instrument relating to or affecting the title to real estate, having tracts of land therein described lying in different counties, has been or may hereafter be recorded in any of such counties, it shall be lawful to record a certified copy of such deed or other instrument in counties where the original has not been recorded ; and the recording of such certified copy heretofore or hereafter shall be notice in the same manner that the filing and the recording of the original would be, and copies from such records shall be prima facie evidence to the same extent as if the original had been so recorded.

[L. 1857, p. 40, § 3; Porter v. Dement, 35 lil. 478; St. John v. Conger, 40 Ill. 535. 30. Effect of recording as to creditors, etc. § 30. All deeds, mortgages and other instruments of writing which are authorized to be recorded, shall take effect and be in force from and after the time of filing the same for record, and not before, as to all creditors and subsequent purchasers, without notice; and all such deeds and title papers shall be adjudged void as to all such creditors and subsequent purchasers, without notice, until the same shall be filed for record.

[R. S. 1845, p. 108, § 23; Buchanan v. International Bank, 78 Ill 500; Partridge v. Chapman, 81 Ill. 137; Huebsch v. Scheel, 81 II. 281; Coleman v. Billings, 89 Ill 183; Gammon v. Hodges, 73 Ill. 140; Shannon v. Hall, 72 Ill. 354; Hall v. Shannon, 85 III. 473; Brookfield v. Goodrich, 32 I 363; Cook v. Hall, 1 Gilm. 575; Nuttinger v. Ware, 41 I. 245; Merrick v. Wallace, 19 III 486; Kiser v Heuston, 38 I 252; Deininger v. McConnell, 41 Ill. 227; Noakes v. Martin, 15 Ill. 118; Bull v. Griswold, 19 Ill. 631; Himes v. Keighblinger, 14 Ill. 469; Ferguson v. Miles, 3 Gilm. 364; Reickert v. McClure, 23 Ill. 516; Martin v. Dryden, 1 Gilm, 218; Doyle v. Teas, 4 Scam, 202; Sapp v. Peirce, 24 Ill. 156; Chouteau v Jones, I den 33 m. 168-217; Massey v Westcott, Kennedy v. Northup, 15 Ill. 149; Rupert v. Mark, 15 Ill. 540; Martin v. Dryden, i 40 l. 160; McFadden v. Worthington, 45 Ill. 362; Williams v. Tatnall, 29 III. 553; Bayles v. Young, 51 Ill 127; Rogers v. Wiley, 14 l. 65; Truesdale v. Ford, 37 III. 213; Morrison v. Kelley, 22 ill. 610; Lyman v. Russell, 45 Ill. 281; (abeen v. Breckinridge, 48 Ill. 91; Riley v. Quigley, 50 Ill. 304; Steele v. Boone, 75 Ill. 457; C. R. I. & P. R R. Co v. Kennedy, 70 III. 350; Chicago v. Will, 75 . 211; Farran v. Payne, 73 Ill. 82, 177, 477; Porter v. McNabney, 77 I 235; O'Neal v. Boone, 82 Ill. 589; Doty v. Burdick, 83 Ill. 473; Smith v. Heirs of Jackson, 76 Ill 254; Doolittle v. Cook, 75 Il 354; Curyea v. Berry, 84 Ill. 600; Worcester Nat. Bank v. Sheenly, 87 Ill. 602; firman v. Henkel, 1 Brad. 152; Shaver v Williams, 87 Ill. 469; Burt v. Batavia P. Mf. Co., 86 Ill. 66; Heaton v. Prather, 84 Ill. 330.

31. Record of deeds, etc., not acknowledged — notice. 31. Deeds, mortgages and other instruments of writing relat[*279] ing to real estate shall be deemed, from the time of being filed for record, notice to subsequent purchasers and creditors, though not acknowledged or proven according to law; but the same shall not be read as evidence, unless their execution be proved in manner required by the rules of evidence applicable to such writings, so as to supply the defects of such acknowledgment or proof.

[R. S. 1845. p. 109, § 28; Reed v. Kemp, 16 Ill. 445, Moore v. Hunter, 1 Gilm. 331; Manly v Pttee, 38 Ill. 130.

32. Acknowledgments by officers. § 32. All deeds which may be executed by any administrator, executor, guardian, conservator, commissioner, master in chancery, sheriff, or other officer, of any real estate sold in pursuance of any decree or on execution, upon being acknowledged or proved before any officer authorized to take acknowledgment or proof of deeds, and certified as other deeds, shall be admitted to record in the county where the real estate sold is situated. [R. S. 1845, p. 109, § 29; West v. Keebaum, 88 III. 263.

33. Wills recorded — notice - evidence. § 33. All original wills duly proved, or copies thereof duly certified, according to law, and exemplifications of the record of foreign wills made in pursuance of the law of congress in relation to records in foreign States, may be recorded in the same office where deeds and other instruments concerning real estate may be required to be recorded; and the same shall be notice from the date of filing the same for record as in other cases, and certified copies of the record thereof shall be evidence to the same extent as the certified copies of the record of deeds.

[L. 1857, P. 39, §2: Newman v Willetts, 52 Ill. 99; Giles v. Shaw, Breese, 87.

34. Deeds of foreign executors. § 34. Where, in pursuance of due power vested by will executed and proved out of this State, deeds conveying lands in this State, heretofore have been or hereafter shall be executed by executors or administrators with the will annexed, duly appointed and qualified in any State of the United States, the same shall be evidence of title in the vendee or grantee, to the same extent as was vested in the testator at the time of his death, whether such will has been proved in this State or not, unless, at the time of executing such deed, letters testamentary or of administration upon the estate of the deceased shall have been granted in this State and remain unrevoked.

[As amended by act approved and in force May 1, 1879; L 1879, p. 81. See "Administration of Estate," ch. 3, $42; L. 1857. P. 39, § 1; Shephard v. Carriel, 19 Ill. 313; Newman v. Willetts, 52 Ill. 99.

35. Deeds, etc., evidence-record or copy evidence. 35. Every deed, mortgage, power of attorney, conveyance, or other writing, of or concerning any lands, tenements or hereditaments, which, by virtue of this act, shall be required or entitled to be recorded as aforesaid, being acknowledged or proved according to the provisions of this act, whether the same be recorded or not, may be read in evidence without any further proof of the execution thereof; and if it shall appear to the satisfaction of the court that the original deed, so acknowledged or proved and recorded, is lost or not in the power of the party wishing to use it, the record, or a transcript thereof, certified by the recorder in whose office the same may be recorded, may be read in evidence, in any court of this State, without further proof thereof.

[R. S. 1845, p. 108, $25; Fabbri v. Cunio, 1 Brad. 244.

36. Proof of loss, etc.-record or copy evidence. § 36. Whenever, upon the trial of any cause in law or equity in this State, any party to said cause, or his agent or attorney in his behalf, shall, orally in court, or by affidavit to be filed in said cause, testify and state under oath

that the original of any deed, conveyance or other writing, of or concerning lands, tenements and hereditaments, which shall have been or may hereafter be acknowledged or proved according to any of the laws of this State, and which, by virtue of any of the laws of this State, shall be required or be entitled to be recorded, is lost, or not in the power of the party wishing to use it on the trial of any such cause, and that to the best of his knowledge said original deed was not intentionally destroyed or in any manner disposed of for the purpose of introducing a copy thereof in place of the original, the record of such deed, conveyance or other writing, or a transcript of the record thereof, certified by the recorder in whose office the same may have been or may hereafter be recorded, may be read in evidence in any court in this State, with like effect as though the original of such deed, conveyance or other writing was produced and read in evidence,

[L. 1861, p. 174, 81; Bowman v. Wettig, 39 Ill. 422; Fabbri v. Cunio, 1 Brad. 244; Newson v. Luster, 13 Ill. 180; Deininger v. McConnel, 41 Ill. 232; Fisk v. Kissane, 42 Ill. 87; Nixon v. Cobleigh, 52 Ill. 387; Hanson v. Armstrong, 22 II, 445; Booth y. Cook, 20 Ill. 129; Stow v. People, 25 Ill. 81; Prettyman v. Walston, 34 Ill. 190.

37. Affidavit-proof of magistracy. §37. All affidavits required to be made and produced under the foregoing section, [*280] may be made in any county in this State, before any officer authorized by the laws of this State to administer oaths and affirmations, and may also be made out of this State, before any judge of a court of record, justice of the peace, clerk of a court of record, notary public, or commissioner appointed under the laws of the State of Illinois to take acknowledgments of deeds and administer oaths and affirmations, and certified to by the said officer, under his seal of office, if such officer have an official seal; but if taken and certified by any officer who does not require or use an official seal, the certificate of the proper clerk or other officer of the official character of the person certifying to such oath or affirmation shall also be produced with such affidavit and certificate. [L. 1861, p. 174, § 2.

38. Construction. § 38. The term "real estate," as used in this act, shall be construed as co-extensive in meaning with "lands, tenements and hereditaments," and as embracing all chattels real. This act shall not be construed so as to embrace last wills and testaments, except as herein expressly provided.

[R. S. 1845, p. 110, 88 39, 40; Matzon y. Griffin, 78 Ill. 477; Osborn v. Rabe, 67 III. 108; Talbot v. Hill, 68 Ill. 106.

§ 39, repeal, omitted. [See "Statutes," ch. 131, § 5.

AN ACT concerning covenants of warranty. [Approved March 27, 1874. Inforce July 1, 1874.J

39. Warranty-highway. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no covenant of warranty shall be considered as broken by the existence of a highway upon the land conveyed, unless otherwise particularly specified in the deed.

SEC. I.

AN ACT to amend the law of real property. [Approved April 13, 1877. In force July 1, 1877. L. 1877, p. 65.] *40. Reversion expectant-surrender-merger. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when the reversion expectant on a lease, made either before or after the passing of this act, of any tenements, or hereditaments of any tenure, shall be surrendered or merged, the estate, which shall for the time being confer as against the tenant under the same lease the next vested right to the same tenements or hereditaments, shall, to the extent and for the purpose of preserving such incidents to, and obligations on the same reversion, as but for the surrender or merger thereof, would have subsisted, be deemed the reversion expectant on the same lease.

AN ACT in regard to proof of deeds and other instruments in writing when attested by subscribing witnesses. [Approved June 18, 1883. In force July 1, 1883. L. 1883,

P. 70.

*41. Proof of execution of deed, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any deed, mortgage, conveyance, release, power of attorney or other writing of, or relating to the sale, conveyance or other disposition of real estate, or any interest therein, or any other instrument in writing not required by law to be attested by a subscribing witness, may be offered in evidence in any civil cause pending in any court of law or equity in this State, and the same shall appear to have been so attested, and it shall become necessary to prove the execution of any such deed or other writing otherwise than as now provided by law, it shall not be necessary to prove the execution of the same by a subscribing witness to the exclusion of other evidence, but the execution of such instrument may be proved by secondary evidence without producing or accounting for the absence of the subscribing witness or witnesses.

[Fitzgerald v. Fitzgerald, 100 Ill. 385; Sharp v Thompson, 100 Ill. 447; Warrick v. Hull, 101 Ill, 102, 280; Jackson v. Miner, 101 Ill. 550.

AN ACT to revise the law in relation to coroners. [Approved Feb. 6, 1874, In force July 1, 1874.]

1. Commission. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every coroner shall be commissioned by the governor, but no commission shall issue except upon the certificate of the county clerk of the proper county of the due election or appointment of such coroner, and that he has filed his bond and taken the oath of office as hereinafter provided. [R. S.. 1845, p. 514, 1. See Const. art. 10, § 8.

2. Bond. $2. Before entering upon the duties of his office, he shall give bond, with two or more sufficient sureties, to be approved by the judge of the county court of his county, in the penal sum of $5,000 (except that the bond of the coroner of Cook county shall be in the penal sum of $15,000), payable to the people of the State of Illinois, conditioned that he will faithfully discharge all the duties required or to be required of him by law as such coroner or as sheriff of the county, in case he shall act as such; which bond shall be entered at large upon the records of the county court and filed in the office of the county clerk of his county. [See "Official Bonds," ch. 103, § 4; R. S. 1845, p. 514, § 2, 3.

3. Oath. § 3. He shall also, before entering upon the duties of his office, take and subscribe the oath or affirmation prescribed by section 25, article 5 of the constitution, which shall be filed in the office of the county clerk of his county. [R. S. 1845, p. 514, § 2, 3.

4. Failing to give bond or take oath. § 4. If any such person elected or appointed to the office of coroner of any county shall fail to give bond, or take the oath required of him, within twenty days after he is appointed or declared elected, the office shall be deemed vacant. [R. S. 1845, p. 514. § 4.