River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1878-05-09
OFFICIAL.
LAWS OF WISCONSIN.
Published April 0 1878. ]
pTEp 0s0

The people of the State of Wisconsin, repre-
scented in Senate and Assembly, do enact as
follows:
Section l. Whenever 1t shall appear that
the records, or any material part thereof, of any
county in this state, have been DESTROYED by
fire or otherwise, any map, plat, deed, convey
ance, contract, mortgage, deed of trust or
other instrument in writing, affecting real
estate in such county, which has been hereto
sore recorded, or certified copies of the same
may be re-recorded; and in recording the
fame, the register of deeds shall record the
certificate of the previous record, and the date
of fling for record appearing in SAID original
certificate SO recorded shall be deemed and
taken as the date of the record. And copies
OF any such record of such instrument so au-
therized to be made under this section, duly
certified by the register of deeds of any such
county, under his seal of office, shall be re-
ceiyed in evidence, and have the same force
and effect as certified copies of the original
record.
Section 2. In any county in this state,
where the records have been burned or de-
stroyed, as specified in the last section and
any map, plat, deed, conveyance, contract
mortgage, deed of trust, or other instrument
in writing affecting real estate in such coun-
ty, has been recorded in any other county in
this state, certified copies of the same hereto
fore or hereafter made, may be re-recorded
in such county where the records have been
SO burned or destroyed; and in recording the
same, the register OF deeds shall record all
certificates attached thereto; and if any of
such certificates show the previous recording
OF the same i'll the county where the records
have been burned or destroyed, the date of filing
for record in such county, appearing in said
certificate so recorded shall be deemed and
taken pyfnaa .tdcie as the date of the record
thereof. And copies ofany such record so au-
thoriZed to be made under this section, duly
certified by the register of deeds of any such
county, under his seal of office, shall be re-
ceived in evidence and have the same force
and effect as certified copies of the original
record.
Section 8. Whenever in any court of rec
srd in this state, or any other state, or in any
court of the United States, there is any origin
al deed, conveyance contract, mortgage, deed
of trust or other instrument in writing affec-
ting real estate in such county, or certified
copies thereof, a copy thereof, certified by the
clerk of such court under his seal of office,
may be made and recorded in such county
where the records have been so burned or de-
stroyed, and in recording the same the regis
Ter of deeds shall record all the certificates at
tached thereto; and if any of such certificates
| show the previous recording of the same in
,, the county where the records have been so
burned or destroyed, the date of filing for rec
| ord in such county appearing in said certifi-
cate so recorded shall be deemed and taken as
| the date of the record thereof Copies of any
| this section, duly certified by the register OF
| deeds of any such county, under his seal OF
| office, shall be received in evidence and have
the same force and effect as certified copies OF
| the original record.
Section 4. Whenever the public records OF
| any plat or map, which is required by law to
| be kept by the register of deeds, has been or
may hereafter be injured, lost or destroyed by
| fire or otherwise, it shall be the duty of the
| district attorney of The county in which sueh
| injury, loss or destruction has occurred, or
! shall occur. forthwith to file in the circuit
court an information, in the name OF the state
of Wisconsin, setting forth substantially the
| facts of such injury, loss or destruction, with
| the circumstances attending the same, as rear
| as may be; and thereupon the clerk OF such
| court shall cause such information to be pub
| lished in full, in one or more public news
| papers published in such county, for the
period Of four weeks, together with notice
addressed to "All whom it may concern" thai
| said court will, at term therein designated
| to be held not less than four weeks from the
| first publication of such information anu no
| tice, proceed to hear and determine the mat
| tiers in said information set forth, and VIII
take testimony for the purpose of reproducing
| and establishing such records of maps and
plats as the court shall find to be injured, lost
| or DESTROYED Upon such publication being
made, all persons interested shall be deemed
defendants, and may appear in person, or bl
!
| ings. If the court shall be satisfied that any
| public records of maps and plats has been in
iured lost or destroyed, an order to that effect
| shall be entered on record, and thereupon the
!, court shall proceed to take testimony for the
! purpose of reproducing and re-establishins
! the record so injured, lost or destroyed. Tht
! proceedings may be continued from time Il
| time, whether in term or not and orders ant
DEGREES shall be made as to each map or plat
| separately The clerk shall cause all map!
| and plats adjudged by the court to be correc
| copies of the records lost, injured or destroy
| ed. as often and as soon as they are SO ad
Judged, to be filed in the office OF the register
| of deeds, with certified copy OF the order OF
/ Judgment of the court in the premises attach
| ed thereto, and recorded in book or books (
| be provided for that purpose, And the sac
| record shall be deemed and taken in all courts
. and places as public record, and prima facl'
as a true and correct reproduction OF th'
| original record so injured, lost or destroyea
4 Section s. All costs and expenses incurred
in the proceeding under the last preceding
section, including copies maps ana piats, ano
| recording of the same, shall be taxed as costs
against the county in which such proceedings
| are had.
Section 6. Whenever it shall appear tina
the records, or any part thereof, OF any county
in this state have been destroyed by hre O
otherwise, so that connected chain of title
cannot be deduced therefrom, copies, duly
certified by the proper officers, of all deeds
| PATENTS certificates, plats, and legal sub
divisions of land in such county, IN the Gus
| tody or control OF any officer OF this state OF
| of the United States, may be recorded in the
| register of deeds office of such county, anC
| the record so made shall have the same force
and effect as the record of the originals such
| instruments
Section Z. The register of deeds in any
| such county may charge and receive as fee
for recording any instrument under the pro.
| e fI,s a. AZ ha Enp1
recording, five cents for each hundred words
| or fractions thereof, and no more, ana any
| register of deeds who shall charge a greater
| fee than the foregoing, or who shall refuse 10
/ record such instruments in writing, afore-
! said for the fee aforesaid, shall be deemed
guilty of malfeasance in Office, and subject
| to ali the penalties provided by law for such
offence.
county in this state shall have been injured,
| lest or destroyed by fire, it shall be the duty
| of the Judge OF the circuit court in which such
/, county is situated and of the county judge of
| such county, to examine into the state OF the
| records of such county, and in case they ma
any abstracts, copies, minutes or extracts from
said records existing after such destruction
as aforesaid, and find that said abstracts,
| copies, minutes or extracts were fairly made
| before such destruction of the records, by any
person or persons in the ordinary course OF
| business and that they contain material ana
| substantial part of such records, the SAID
| Judge shall certify the facts in regard to such
abstracts of titles as found by them, ana Il tney
are of the opinion that such abstracts, copies,
!, minutes and extracts tend to show connect
| ted chain or title to the land in said county;
they shall file such cetificate, finding or opin-
i ion with the clerk of the circuit court oil sueh
! county: and thereupon such abstracts, copies,
minutes aud extracts or certified copies thereof
/ shall be admissible as evidence in al the courts
| of this state as prima facie evidence And 1t
/ shall be the duty of the owner or owners, or
| leener of such abstracts to furnish to all par
| ties requesting it, upon being paid the cl!arg-
81 herein provided for, certified copies OF the
same, or parts thereof. And n all cases In
which any abstracts, copies, minutes and ex-
tracts. or copies thereof, which are admissible
| in evidence under any of the provisions OF
This ACT. shall be received in evidence under
this act, all deeds or other instruments OF
writing appearing thereby to have been exc h
cuted by any person or persons, or IN when
/ ,hev annear to have Joined, shall Except as