Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-03-13
AN ACT for the relief Of persons IchO arr lksiy to
suffer BY the destracfion Of the records Of SaIIran

AN ACT for the relis Of persons IOhO arr liksIy to
suffer by the Destruction Of the records Of Sutl'ran
county.
wHKaEA On or about the Seventh day February 1880 The
& to the Offices Of the clerk OF the circuit and probate ooo
the ,ri % r x Sgefe desrovei bs S Sre
sEcr1oS Be <aoes sv The General Asss0ly Of STATE Of
Ira1a That purpose Pepetuang testimony OF or
ang any Judgments DEGREES other proceedings Of the
probate Of the county OF Sullivan existing previous
the destruction OF the records OF said county by he ana ior inc
patents S ss' bs IF s powers o. attorney Sv
Inventories other Instruments Of writing Of record IN the hooks %
county OF ,a2 Is d R ea,e. Or oner records dae-
ameis or proceedings apperang the Offices Of auditor or treas
said county and destroyed aforesaid TIE board Of com
oners d - hereby authorized and REQUIRED 10 APP
Of the matters aforesaid the instance OF any person VINO may wish
TO have such testimony perpetHaed -.
commissioned previous entering upon his du
minister oais, faithfully aud impraiy TO discharge his duty
corng The provisions OF this act and sra have power he
deem appoint clerk whose duty shall be 10 keep
tr and impartial record of all proceedings hat before sad com
missioner who shah take the oath above prescribed before enter,
upon his dues such clerk, aud il said commissioner shall
een the appointment Of clerk unnecessary he shall keep suc re-
SIC The commissioner before proceeding dis
charge his duty give least three weeks notice by publ
cation printed and published IN sad county OF suit
there be- and il in adjoining and by
lions each township in said county, giving notice or the time aud
place in the town Of Sullivan said county, when he viii proceed
SIC Said shall proceed the time and place
specified said notice open and mold court TO be called the
court Sullivan county, the trans action OF the business
specified m ibis act and shall have power TO adjourn from ume TO
and hereby all the authority
effect the intention Of this 10 punish coemP,s during the trans
of business administer oas suh0a and compel
the attendance Of witnesses under The same penalties by whlchihey
clerk shall such such compensation day for their
ces while necessarily employed attending their duties
business said the of appointing said commissioner
alter the compensation of said commissioner, which and
Ill Of books publication of notices paper s a%d 0a cry
duty Of the auditor audit said expenses and issue his
proceeding before said commissioner shall their own witnesses
at same rate thar s Witness ARE Pad tor a n the esu
all directed to him by SAID comssoner or his clerk
party requiring his services Pord That parties may serve their
SEC Alter having given notice as aforesaid said commissioner
shall on motion Of any person person or by attorney proceed
existence, amount date, and all other facts relating
and explanatory Of any Judgment decree execution sheriff re-
evidence Which NAV be offered concerning of or sing to any pa
tents deeds mortgages bills Of sale powers OF attorney wills or
other instruments Of writing authorized by law e be recorded IN Tie
ONCE of said county the original record OF which have
been destroyed aforesaid and also all evidence RELAXING the
assessment lists du caies other records documents or pro-
ceedngs apperanng the Offices Of the auditor treasurer
SEC g. Before proceeding to hear such evidence the seeking
pepeiua such testimony shall give to the party or parties TO be
proceedings parties adjoining
county which may pescrb
ed by law for giving notice take depOson courts OF record
SEC T. The of said commissioner transcripts of the
law give cGed copies Of the shall be read IN evidence IL
of This Stale circumstances require H.
SIC g. Before shall proceed pepeiuae testimony
before such commissioner N relation 70 any instrument proper 10 be
commissioner The affidavit OF himself of some on his be-
half that the original patent deed or other instrument was destroy
ed by burning OF the house. said mentioned
IN the preamble of Ibis act as The deponent verify believes
qured all of writing proper be recorded in
said Office pursuant any laws of this State hereafter
sting upon the production to him Of any such Instrument with the
certificate thereon endorsement thereon Of the present for
recorder shall also record said certificate Immediately following the
record OF said Instrument and such new recording shall be evidence
recording instrument certificate
such recording the said recorder shall be paid one fee allow
ed by lag recording like instruments IN similar
~ Al testimony zen by s,'a u relation 10 re
y shall be kept separate book books prepared for thai purpose
and ali taken aforesaid relation to Instruments proper
other book OF books prepared tor that purposes and all testimony taken
by sad Toner in relation To proceedings Of the board OF COM
assessment tax lists duplicates or 9th
sr records documents or TO the Offices Of au
county, shall be kept book books prepared for
puoose close of the business of ssd
by ms clerk he have stating that the records
tanned therein are the proceedings had BY ana before m ny virtue
this shall dpose the first OF books above mentioned
the 9ce Of the clerk OF The circuit and probate court Of said cou
the Office of the recorder of said and the third OF books
shall forever remain and shall thereby become part OF the
Of said Offices respectively and such clerk the circuit and
OF of said records appsras 10 their Offices respectively which
SIC IL Said commissioner shall continue in Office during the
pleasure of the board doing business in said and in
of DEATH resignation removal from ONCE of said commits
assessment made and for said county of
Sullivan, the year 1885, hereby legazed and dupcaie
care 10 have the force and effect tho proper duplicate made
out in every respect coniernably 10 law;
SEC 49, The sullivan circuit and probate
hereby authorized and required motion person by himself
or aiiorey on satisfactory evidence being produced that such per-
had judgment, final order decree such the records
of which have been destroyed burnt Judgment
the and tie legal rep
rescntaives Of deceased may ike manner Like
proof being produced that such decededenf had Judgment
oyed aforesaid have such Judgment order decree
ofS
continue to have all the len and be OF the same force and elect or
such original Judgment The Judgment debtor shall have
Osuch intended motion by leaving with
~ or al his residence STALE awrien notice OF SAID ntenion
which shall be and due the
party be service may upon
legal representative, and such judgement debtor his legal rep
Tesenave, be resident tins weeks previous
ce of said motion be given in weekly newspaper printed
and pubshed adjoining county, and
proved the satisfaction of the and such
ton the return thereon have been Ike parties or eth
Of them shall be permitted the and
such and RETURN and the made amaer of
the process shall be issued favor of the pary upon
such Judgment execution and that he would have been
titled TO had sch and not been destroyed
Judgment creditor shall be entitled but should the judgment debtor
his deny the existence OF sne Judgment aeg
ed against hun, he snail be entitled jury fact
and the jury shall bring verdict according evidence
SEC a. In all where sun has been brought may here
after be brought any any Judgment Decree
cord OF which have been destroyed aforesaid either by
deny the fact OF such burning by proper pea and the
shall be ed by jury unless the parties shall 10 haze snch
variance between allegation and proof respect
Of such judgment decree interest a but shall
their verdict and give, Judgment according the evidence
SEC Is All officers and witnesses having fees due them the books
by proper ocer any party feeling aggeved
such taxation of fees may by motion before the proper
fees having had due notice of such motion, and
% o sou e e H sac e and eo by
SIC Is SUITS may be bought the of he board
mssoners OF the county Sullivan" the recovery all
borrowed from the surplus seminary school other
trust funds OF sad county, or any congressional township here