Page images
PDF
EPUB

which the land is registered, setting forth in brief all the facts upon which his claim of interest is based and setting forth the names and rights of all persons interested in the land; such petition shall name as parties thereto all persons having any interest in the land as heirs or devisees, and all persons so named as defendants shall be brought into court by summons or by publication of notice of the filing of said petition in the manner provided by sections 19, 20 and 21 of this Act, unless they shall in writing consent to the prayer of the petition. And if there be persons interested in the land whose names are unknown they may be made defendants by the title "All whom it may concern," and whenever unknown persons are thus made defendants, notice of the filing of such petition shall be given in the manner provided in section 20 of this Act. The court shall refer such petition to one of the examiners of titles, who shall investigate the facts therein contained and his powers in making such investigation shall be similar to those given to him under section 18 of this Act.

The report of the examiner of titles in such cases shall not be conclusive upon the court, but it may hear and consider other and further evidence.

The court shall find the rights and interests of all persons interested in the land and shall order and direct the registrar to transfer the land in accordance with the finding of the court.

§ 72. The order of the court, made in pursuance of the foregoing section, shall be conclusive upon all persons made defendants to said petition whether by name or by the description of "All whom it may concern," except that such order may be subject to review in the same manner as is provided in section 26 of this Act for the review of decrees for the initial registration of land.

§ 93. Whenever any person interested in registered land, or any estate or interest therein, or charge upon the same, shall be entitled to have any certificate of title, memorial or other entry upon the register cancelled, removed or modified, and the registrar or person whose duty it shall be to cancel, remove or modify the same, shall upon request, fail or refuse so to do, or is absent from the county, or can not be found, or for any reason such request cannot be made upon him, or where under the provisions of this Act the registrar has no power or authority to make a transfer until he shall have been directed so to do by an order of court, the circuit court of the county where the land is registered, may upon petition by the person interested, make such order as may be according to equity in the premises.

And in every proceeding in which a final decree shall have been entered directing the registration of any tract or parcel of land the court shall retain jurisdiction to enter any order which may be proper to give effect to the provisions of this section.

894. Any person feeling himself aggrieved by the action of the registrar, or by his refusal to act in any matter pertaining to the first registration of land, or any estate or interest therein, after the first registration of any transfer of or charge upon the same, the filing or neglect or refusal to file any instrument, or to enter or cancel any me

morial or notation, or to do any other thing required of him by this Act, may file his petition in the circuit court in the proceeding in which the land was registered, making the registrar and other persons, whose interest may be affected, parties defendant, and the court may proceed therein and make such order or decree as shall be according [to] equity in the premises and the purport of this Act. Nothing in this section contained shall bar such person from filing an original bill or petition in such cases in equity in any court of competent jurisdiction.

§ 108. The fees to be paid to the registrar shall be as follows: At or before the time of referring the application for initial registration, the applicant shall advance and pay to the registrar the sum of $15.00, which shall be in full of all services of the registrar and examiners up to the granting of the certificate of title. In proper cases the court may direct the payment of such further fees by the applicant or any defendant as it may determine. When the application includes titles derived from more than one source, an additional sum of $5.00 for each source shall be advanced.

For granting certificate of title upon each application and registering the same...

$2 00

For registering each transfer, including the filing of all instruments connected therewith and the issue and registration of the new certificate of title

$3.00

For entry of each memorial on the register, including the filing of all instruments and papers connected therewith and endorsements upon duplicate certificates

$3.00

For filing copy of will with letters testamentary of filing copy of

letter of administration and entering memorial thereof..... $5 00 For the cancellation of each memorial or charge. For each certificate showing condition of the register.

$1 00

$1 00

For any certified copy of register or any instrument of writing on file in his office, the same fees now allowed by law to recorders of deeds for like services.

Sections 70, 71, 72, 73, 74, 75, 76, 77, 78 and 79, of the Act entitled, "An Act concerning land titles." approved and in force May 1, 1897, are hereby repealed.

APPROVED May 24, 1907.

[blocks in formation]

(SENATE BILL NO. 59. APPROVED MAY 17, 1907.)

AN ACT to amend sections 10 and 18 of an Act entitled “An Act to revise the law in relation to coroners," approved February 6, 1874, in force July 1, 1874, as amended as to said section 10 by an Act approved May 31, 1879, in force July 1, 1879.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 10 and 18 of an Act entitled, "An Act to revise the law in relation to coroners," approved February 6, 1874, in force July 1, 1874, as amended as to said section 10 by an Act approved May 31, 1879, in force July 1, 1879, be and the same are hereby amended so as to read as follows:

[ocr errors]

§ 10. TO TAKE CHARGE OF BODY-JURY.] Every coroner, whenever and as soon as he knows or is informed that the dead body of any person is found, or lying within his county, supposed to have come to his or her death by violence, casualty or any undue means, he shall repair to the place where the dead body is, and take charge of the same and forthwith summon a jury of six good and lawful men of the neighborhood where the body is found or lying, to assemble at the place where the body is at such time as he shall direct, and upon view of the body to inquire into the cause and manner of the death. Where, however, after said jury has viewed said body and the inquest has been continued by the coroner to a future date, and some of said jurors not exceeding three, fail to appear at said inquest because of death, moving from State, or other sufficient reasons, it shall be lawful for the coroner in such case to fill said vacancy or vacancies with good and lawful men of the same neighborhood. It shall not be necessary in such case to exhume the body in order that it may be viewed by said substituted jurors.

§ 18. TESTIMONY REDUCED TO WRITING, ETC.] The coroner shall cause the testimony of each witness who may be sworn and examined at any inquest to be written out and signed by said witness, together with his occupation and place of residence, which testimony shall be filed with said coroner in his office and carefully preserved: Provided, the coroner may cause the testimony of such witnesses to be taken in shorthand minutes and transcribed by a competent person, who shall certify that the transcript of the evidence so taken and transcribed by him is a true and correct copy of the original minutes taken at said inquest and is a true and correct statement of the testimony of each of the several witnesses who have testified at said inquest. Which said transcript shall be filed and carefully preserved in the office of the

morial or notation, or to do any other thing required of him by this Act, may file his petition in the circuit court in the proceeding in which the land was registered, making the registrar and other persons, whose interest may be affected, parties defendant, and the court may proceed therein and make such order or decree as shall be according [to] equity in the premises and the purport of this Act. Nothing in this section contained shall bar such person from filing an original bill or petition in such cases in equity in any court of competent jurisdiction.

§ 108. The fees to be paid to the registrar shall be as follows: At or before the time of referring the application for initial registration, the applicant shall advance and pay to the registrar the sum of $15.00, which shall be in full of all services of the registrar and examiners up to the granting of the certificate of title. In proper cases the court may direct the payment of such further fees by the applicant or any defendant as it may determine. When the application includes titles derived from more than one source, an additional sum of $5.00 for each source shall be advanced.

For granting certificate of title upon each application and registering the same...

For registering each transfer, including the filing of all instruments connected therewith and the issue and registration of the new certificate of title .....

$3.00

For entry of each memorial on the register, including the filing of all instruments and papers connected therewith and endorsements upon duplicate certificates

$3 00

For filing copy of will with letters testamentary of filing copy of
letter of administration and entering memorial thereof....
For the cancellation of each memorial or charge.
For each certificate showing condition of the register..

$5 00

$1 00

$1 00

For any certified copy of register or any instrument of writing on file in his office, the same fees now allowed by law to recorders of deeds for like services.

Sections 70, 71, 72, 73, 74, 75, 76, 77, 78 and 79, of the Act entitled, "An Act concerning land titles," approved and in force May 1, 1897, are hereby repealed.

APPROVED May 24, 1907.

[blocks in formation]

(SENATE BILL No. 59. APPROVED MAY 17, 1907.)

AN ACT to amend sections 10 and 18 of an Act entitled "An Act to revise the law in relation to coroners," approved February 6, 1874, in force July 1, 1874, as amended as to said section 10 by an Act approved May 31, 1879, in force July 1, 1879.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 10 and 18 of an Act entitled, "An Act to revise the law in relation to coroners," approved February 6, 1874, in force July 1, 1874, as amended as to said section 10 by an Act approved May 31, 1879, in force July 1, 1879, be and the same are hereby amended so as to read as follows:

[ocr errors]

§ 10. TO TAKE CHARGE OF BODY-JURY.] Every coroner, whenever and as soon as he knows or is informed that the dead body of any person is found, or lying within his county, supposed to have come to his or her death by violence, casualty or any undue means, he shall repair to the place where the dead body is, and take charge of the same and forthwith summon a jury of six good and lawful men of the neighborhood where the body is found or lying, to assemble at the place where the body is at such time as he shall direct, and upon view of the body to inquire into the cause and manner of the death. Where, however, after said jury has viewed said body and the inquest has been continued by the coroner to a future date, and some of said jurors not exceeding three, fail to appear at said inquest because of death, moving from State, or other sufficient reasons, it shall be lawful for the coroner in such case to fill said vacancy or vacancies with good and lawful men of the same neighborhood. It shall not be necessary in such case to exhume the body in order that it may be viewed by said substituted jurors.

§ 18. TESTIMONY REDUCED TO WRITING, ETC.] The coroner shall cause the testimony of each witness who may be sworn and examined at any inquest to be written out and signed by said witness, together with his occupation and place of residence, which testimony shall be filed with said coroner in his office and carefully preserved: Provided, the coroner may cause the testimony of such witnesses to be taken in shorthand minutes and transcribed by a competent person, who shall certify that the transcript of the evidence so taken and transcribed by him is a true and correct copy of the original minutes taken at said inquest and is a true and correct statement of the testimony of each of the several witnesses who have testified at said inquest. Which said transcript shall be filed and carefully preserved in the office of the

« PreviousContinue »