The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1865-05-13
LOCAL LAWS
Published By authority.

Oy OF Maryland, That Oliver G. Warfield, be
and he is hereby appointed Commissioner of
records, for the purpose of restoring and re- es-
tablishing such of the. records and papers,
dockets and indexes, in the Office of the Clerk
OF the Circuit Court for Baltimore county, as
have been either wholly or partially DESTROYED
| by fire; who before he enters upon the duties
required and authorized by this act shall take
and subscribe the following oath or Affirmation,
before some Judge Of court Of record IN said
county, which oath or affirmation. certified by
the said Judge, shall be recorded among the
proceedings Of the said Commissioner IL
do make oath nponthe holy SEvanRelyeof AL
mighty God Tor affirm as the case may bel that
| will well and truly, .execute and perform the
duties prescribed and required to be performed
by me as Commissioners, nndef the act entitled,
AN act to provide for the completion of the res
tOration of the records and papers DESTROYED
or injured by fire in the Office of the Clerk of
the Circuit Court for Baltimore County SO help
me God.' g H9ss f'Y1s
Sec. 2. and be 1t enacted, That the said Com
missioner shall keep an accurate and detailed
record OF his proceedings, which record shall
upon the close OF this commission, be certified
by said Commissioner under his hand and seal,
and be by him delivered to the Clerk of the
Circuit Court for Baltimore county, TO be bv him
kept and preserved as all:other records In his
office. t')H8
Sec. 3. And be 1t enacted, That the said Com
missloners shall have and exercise all the
powers which are now possessed by the JUDGES
of the Circuit Courts of the several counties of
the State, to issue and compel process for the
| attendance OF witnesses, as well as parties who
appear upon The records, papers, sdaekets and
indexes, or other Instruments Of writing to be
interested i'm property lying in saidicounty, or
who may have been connected with any deed
suit, bond, bill of sale, mortgageor otherinstru-
/ ments of writing, cause depending In said
Circuit Court for Baltimore county, the record
| of which has been either wholly or partial
| ly destroyed by the fire which occurred in the
Office of the Clerk of the said Circuit Court for
Baltimore county, to serve such process. for
which service he shall be entitled to receive
the same ices as are now allowed by law for
like services, to be paid either by the parties
interested or by the county, as the said Com
missioner may prescribe. III -srsrf a4i
Sec. 4. And be ii enacted. That after the Conn
missioner shall have notified, by circular or
otherwise all persons having original deeds or
other instruments Of writing or papers which
have been recorded in the Office fthe Clerk of
the Circuit Courtof said county, as we'll as those
who appear in anywise connected with the re-
cords, dockets, papers, indexes or other instru-
ments OF writing, or causes of action the record
Of which has been wholly or partially destroy
ed by fire, to file said originals with the Clerk
of the said Circuit Court after having prescrib-
ed the time and place of the sitting of the
1
house in said Baltimore county, and after hav-
| ing issued summons to those interested in any
manner according to the records, docketss pa
I'pers, indexes or other instruments of writing,
in the Office of said Clerk, when the summons
process issued to the Sheriff of said county
| shall be by him returned summoned, and the
| party so returned summoned shall fail to ar
pear or give such excuse for his failure to APP
| pear as shall seem reasonable in theldiscretion
of the said Commissioner, that then the said
| Commissioner is hereby authorized ,emp powered
| and directed, to impose fine upon each and
every person notified and summoned, from five
to fifty dollars in the discretion of the Com
missioner, including all costs.
| Sec 5. And be 1T enacted That every fine inn
posed according to the provisions Of this act,
including costs, upon any person or persons,
| shall be regarded as a Judgment in law, and
it shall be the duty of the said Commissioner
to collect each and every judgment entered by
him against any person or persons by execu-
ton or attachment, or other process authorized
by the laws of this State tor the collection and
enforcement of judgments and pay the same
over to the Treasurer of the said county, who
shall receipt to the said Commissioner, and it
shall be the duty of the Treasurer of the said
county, to place the sum or sums so authorized
to be paid to him, to the credit of the fund APP
propriated for the restoration of the records, in
dexes, dockets, or other instruments of writing
| III Iuc OIllCC vi Ouc odlu NlcTk VI JnC OlTCulG
| Court for Baltimore county. -, "a $500 Z.
Sec. 6. And be 1T enacted, That in all cases
where, in the judgment of the Commissioner
appointed by this act, any record in the office
of the Clerk Of said county, shallshave been so
burnt or defaced, as to beiwhelly destroyed by
| fire, and the indexes to such record, the gem
eral index may supply the titling to such re-
| cord, he shall take and accept such index as
auxiliary evidence, and shall, if the original
papers, or certified copy thereof, properlyev-
idenced as of record, be produced order and
direct such original paper, or copy, as the case
| may be-, to be,recorded anew, and shall endorse
such order on said paper, and then. record the
| same, which endorsement and new record Of
such paper shall be prima face evidence of the
verify of the record SO made, and available for
all purposes for which the original record if it
had not been destroyed by fire, would have
been available in evidence.
See. Z. Aad be 1T enacted, That in all cases
where any record or paper shall be wholly de-
stroyed 6y fire, and the original or certified
copy thereof cannot be procured, it shall be the
duty of the Commissioner, if the said record
be found indexed, to hear and receive such 9TH
er evidence, if any their be within the record
Office, either to be derived from the remains of
the burnt record or otherwise, and such extrin-
sic evidence as the parties interested may sup
ply and shall determine and adjudge IN the
premises, whether the said record or paper be
fully established, and If satisfied yssuch evil
dence it shall be his duty, if the party or par
ties grantor shall supply a new Instrument,
correspondent to the one destroyed by fire and
confrmatory of the same, to accept such lnstruz
ment and to order and direct the same tosbe
recorded with an endorsement thereon OF said
order which record and endorsement shallse-
cure to the party or parties concerned, all the
rights, title and interest which was designed
and intended to be vested by the originallpaper
| IF fllllv If the
cord thereof had not been destroyed by ire,
but if for any reason, the grantor or grantors
should not supply rev or confrmatoryi deed
| or other instrument of writing, as the case may
be, corresponding with the one destroyed by
fire, then the said Commissioner shall execute
and deliver in his capacity OF ,Commlssloner' q
new and confirmatory deed or instrument of
| writing, under his hand and seal, properly aeCc
knowledged to take the, place of the record
| DESTROYED by fire, and shall order and direct
| the same to be recorded, after endorsement,
which shall secure to the. parties interested the
| same rights title, and interest which was de-
| signed and intended to be vested by the origl-
nal paper or instrument of writing and record
thereof as fully and etfectualfy as II the record
had not been destroyed by fire. tase
| Sec s. and be ii enacted, That an all eases
where the records have been only partially de-
stroyed or injured by fire. so that they may be
restored by their own intrinsic evidence or by
the aid OF 0Jner evidence dCcessiUlo W W. So.o
Commissioner, it shallbe the duty of the said
Commissioner to cause the said records to be
restored to their original condition.. and to be
recorded anew and for the purpose of preserv-
| ing the said records as spontaneously together
as they were before being burnt, the said Com
missioner is hereby authorized, if he-see ft, to
cause the binding of any of the record books
| to be removed, so that the tolios maybe sepa-
| rated, the burnt portions dets ched and the new
record thereof and corresponding thereto, be
substituted insthe place oflsaid burnt part, and
to have the said record book thus restored to
its original condition, rebound, and acertif-
cate to that effect recorded therein.
Sec. 0. And be It enacted, That in all cases
wherein process may be issued to summons
nartiesjbefore the said Commissioner, which
Shall be returned non est, no final order shall
u i =. a. ,,r.o,,,;.ns until nuhlin nntica