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<br />24-72-103
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<br />Governmenl - Slale
<br />
<br />320
<br />
<br />321
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<br />Puhlic Records
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<br />24-72-106
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<br />(2) If Ihe court is salisfied that any public ,eco,d has been lost 0'
<br />destroyed. an order to that effect shalt be entered of record. and thereupon
<br />Ihe COU'I shall proceed to take teslimony fa, Ihe pu'pose of ,eproducing.
<br />,eestablishing. 0' ,eSlo,ing the reco,ds so losl 0' desl,oyed. The proceedings
<br />may be conlinued from lime 10 time and o,ders and decrees shall be made
<br />as to each ,eco,d. map. plat, lax list. and assessment '011 sepa,ately. The
<br />c1e,k shall cause all maps. plals, lax lisls, assessmenl ,oils, 0' olhe, ,eco,ds
<br />adjudged by the court 10 be co"ect copies of Ihe ,eco,ds losl 0' desl,oyed,
<br />as often and as soon as they a,e so adjudged. to be filed in Ihe office of
<br />Ihe counly ,eco,de,. wilh a certified copy of Ihe o,de, 0' judgment of the
<br />court in the p,emises allached thereto and recorded in a book to be p,ovided
<br />fa, that purpose. and the said reco,d shall be deemed and taken in all courts
<br />and places as a public record and as a true and cor,ecl ,ep,oduclion of the
<br />o,iginal ,eco,d so losl 0' deSl,oyed; but any tax lisl 0' assessment ,011 so
<br />,eproduced and reSlo'ed. 0' so much thereof as may be ,ep,oduced and
<br />,eSlo,ed unde, Ihe p,ovisions of this section. shall be sufficient autho,ity
<br />fo, the treasu,e' of such county to collect all laxes conlained the,ein. the
<br />same in all 'especlS as if it were Ihe o,iginal lax lisl 0' assessment '011 and
<br />were made oul. certified. and delive,ed 10 him wilhin Ihe lime ,equi,ed by
<br />law. '
<br />
<br />Source: L. 1889, p. 303. G 2; R. S. 08, G 5270; C. L. G 5027; CSA. C. 135, .
<br />, p; CRS 53. G 113-1-2; C.R.S. 1963, G 113-1-2.
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<br />decrees as form part of any such chain of title: paying therefor such fair
<br />and reasonable price as may he agreed upon between such board and such
<br />owner.
<br />(2) The amounllhus ag,eed 10 he paid fo, such ahsl'acls. copies. minules.
<br />0' exl'acls shall be paid by such counly in money. honds. 0' wa"anls. 10
<br />be issued by such county as the board of county commissioners may deter-
<br />mine; 0' said boa,d. wilh Ihe approval of said judge. may procu,e a copy
<br />of said absl'acls. copies. minules. and ..1,aclS. inslead of Ihe o,iginals, 10
<br />be paid fo, in like manne', If no ag,cemenl can be made bel ween said boa,d
<br />and the owners of such abstracts. copies. minutes. or extracts as to the
<br />amounl Ihal should be paid fo, Ihe same. Ihe hoa,d may apply 10 Ihe judge
<br />of Ihe court by filing wilh Ihe c1e,k a pelilion fo, Ihe pu'pose of asce'laining
<br />lhe compensalion thaI shall be paid 10 Ihe owne,s of said absl'acls. copies.
<br />minules. 0' exl,aclS 10 be assessed. and Ihe p,oceedings Ihe,eunde, shall be
<br />in like manne'. as nea, as may he. as p,ovided in a'licles I 10 7 of litle
<br />38, C.R.S.
<br />
<br />Sou,ce: L. 1889, p. 304. G 4: R. S, 08. ~ 5272: C. L. ~ 5029: CSA. C 135.
<br />~ 4; CRS 53. G 113-1-4: C.R,S. 1963. G 113-1-4.
<br />
<br />Am. Jur.2d. See S2 Am. Jut.2d. LO!ll and
<br />Destroyed Instrumenls,' , 2ft.27.
<br />
<br />C.J.s.Sec16C.J.S..Rcmtd!'i.~ I S3-71.
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<br />A.m. Jur.2d. Stt 52 Am. Jur.2d. Lost and
<br />l)estmyw Instrumenls. t f 5.8.26.
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<br />C.JS.S.e76C.I,S..Re<:ord'.f f 42,52,
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<br />, 24-72-105. Abstract books pa,1 of ,.co,ds - ..id.nce. When any counly
<br />IS possessed of absl,acl books, copies. minules. and eXl'aclS. Ihe)' shall be
<br />placed in the office of Ihe counly c1e,k and ,eco,de, of said counly as pa'l
<br />of his ,eco,ds. and. if Ihe abst,acl books a'e nol alphabelically indexed show-
<br />ing 8,anlo,s and g'anlees. he shall cause Ihem 10 be indexed in Ihe same
<br />manner as is provided for indexing original records. The county clerk and
<br />,eco,de, shall be paid by Ihe counly such fees as a,e provided by law. If
<br />the original of any deed. mortgage. or other instrument in writing affecting
<br />Ihe lille of any land in said county is 10Sl 0' deslroyed and il is Ihus impos-
<br />sible fo, a pa'ly 10 produce Ihe same in any judicial 0' olhe, p,oceeding.
<br />a copy of Ihe absl,acl hooks. copies. minutes. and eXlracls 0' any pa,1
<br />Ihe,eof. duly ce,lified by Ihe counly c1e,k and ,eco,de, of Ihe county. shall
<br />be admissible as evidence in all courts of ,eco,d in Ihis slale. II is Ihe dulv
<br />of Ihe counly c1e,k and ,eco,de, of Ihe counly 10 fu,nish 10 any pa'lies so
<br />,equesling certified copies of Ihe some 0' pa'" Ihe,eof upon paymenl of
<br />lhe cha'ges ,equi,ed by law.
<br />
<br />Source: L. 1889. p, 305. G 5; R, S, 08. G 5273: C L G 5030: CSA. C 135.
<br />G 5; CRS 53. G 113-1-5; C.R.S, 1963. ~ 113-1-5: L 73. p. 1413. G 83,
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<br />24-72-103. Costs _nd expenses of proceed InK. All costs and expenses
<br />incu"ed in Ihe proceeding unde, seclion 24-72-102. including Ihose fo,
<br />copies of maps. plals. and olher reco,ds and ,eco,ding Ihe same, shall be
<br />laxed as COSIS againsllhe counly in which such p,oceedings a,e had.
<br />Source: L. 1889. p. 304, G 3; R. S. 08. G 5271; C. L. G 5028; CSA, C. 135.
<br />p;CRS53.G 1\3-1-3;C.R.S.1963,G 113-1-3.
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<br />24-72-104. Purchase _bstraets. (I) It is Ihe duty of Ihe judge of such court
<br />to examine inlo Ihe stale of such reco,ds in such counly, and, in case he
<br />finds any abst'acls. copies. minules, 0' exlraclS f,om said ,eco,ds exisling
<br />arter such loss 0' desl,uction and finds thaI said abst,acls, copies, minules.
<br />0' extracls we,e fai,ly made before such desl,uction of the ,eco,ds by any
<br />pelson in Ihe o,dinary course of business and Ihat lhey conlain a mate,ial
<br />and subslanlial part of said records. Ihe judge of such court shall certify
<br />the facls found by him in respecl 10 such abslracls. copies, minules. alld
<br />exl,aclS and also. if he is of the opinion, Ihat such abst,acts, copies, minuies.
<br />and exlracts lend 10 show a connecled chain of lille 10 Ihe land in said
<br />county; and, upon filing such eertificale of such judge wilh Ihe counly c1e,k '
<br />of Ihe p,ope, counly. Ihe board of eounly commissioners, wilh Ihe app,aval
<br />of such judge, may pu,chase from Ihe owners the,cof such absl,acls, copies. .
<br />minules. 0' ext'aCIS. 0' such part the,eof as may lend 10 show a connecled
<br />chain of title 10 Ihe lands in such counly. including all such judgmenls and
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<br />ero" rdfft'n<<!I. For rCC!li or counll dcrk..
<br />and fe'corders. sr(' f 30-1-103.
<br />
<br />Am. Jur.2d. See 52 Am. Jur.2d. LOSI and
<br />Destroyrd InstrumCnl!li. f 23.
<br />CJ.S. Scd6 CJ,S.. Rcmrd., f f 2,5),
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<br />'24-72-106. Abslraet books - us. - p,.sumplions. In all cases in which any
<br />absl,acI books. copies. minules. and exl'acls. pu,chased and placed in Ihe
<br />counly c1e,k 'and ,eco,de,'s ollice. a,e admissible and shall be ,eceived in
<br />evidence .unde' Ihe p,ovisions of Ihis pari I. all deeds 0' olhe, insl,umenls
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