(705 ILCS 85/2) (from Ch. 116, par. 2)
Sec. 2.
That whenever the loss or destruction of any such record or part
thereof shall have happened, or shall hereafter happen, and such defect
cannot be supplied, as provided in the next preceding section, any party or
person interested therein may make a written application to the court to
which such record belonged, verified by affidavit or affidavits, showing
the loss or destruction thereof, and that certified copies thereof cannot
be obtained by the party or person making such application, and the
substance of the record so lost or destroyed, and that such loss or
destruction occurred, without the fault or neglect of the party or person
making such application, and that the loss or destruction of such record,
unless supplied, will or may result in damage to the party or person making
such application; and thereupon, said court shall cause said application to
be entered of record in said court, and due notice of said application
shall be given, as in civil cases, that said application will be heard by
said court. And if, upon such hearing, said court shall be satisfied that
the statements contained in said written application are true, said court
shall make an order, reciting what was the substance and effect of said
lost or destroyed record; which order shall be entered of record in said
court, and have the same effect which said original record would have had
if the same had not been lost or destroyed, so far as concerns the party or
person making such application, and the persons who shall have been
notified, as provided for in this section. The record in all cases where
the proceeding was in rem, and no personal service was had, may be supplied
upon like notice, as nearly as may be, as in the original proceeding. The
court in which the application is pending may, in all cases in which
publication is required, direct, by order or orders, to be entered of
record, the form of the notice, and designate the newspaper or newspapers
in which the same shall be published.
(Source: Laws 1935, p. 1134.)
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