The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1865-05-27

troyed or injured by fire in the office of the
Clerk of the Circuit Court for Baltimore
county. "ss Hfta tNie Ssi t3is
SECTION 1. Be it enacted 6y tile General Assem-
bly, Of Maryland, That Oliver G. War6eld, 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 q 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; ST
do make oath uponthe holy Evangely of AL
mighty God (or affirm as the case may be) that
will well and truly, execute and perform the
duties prescribed and required to be performed
| by me as Commissioner, under the act entitled,
IAN actt 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" e4aa"A2stss.tn& f..,g1 q lAi
Sec. q A,.d be it 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 by him
kept and preserved as allsothera records in his
office. 3te al gia5
j Sec. 3. And be 1t enacted, That the said Com
missioners 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, dockets and
| indexes, or other instruments of writing to be
interested in property lying in said county, Q, or
| who may have been connected with any deed,
suit bond bill of sale, mortgage or other lnstru-
| ments of writing, or 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 in4the
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 fees as are now allowed by law for
like services, to be paid either by the parties
interested or by the county, as the sad COM
missioner may prescribe. lslI ta. B. g.sf9s.f b /,
! Sec A. And be 1T enacted, That,after the Com
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 of the Clerk OF
the Circuit Court of 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 prescrlb-
| ed the time and place of the sitting OF the
Commissioners, which shall be at the court
4 house in said Baltimore county, and atterhaV-
! ing issued summons to those interested IN any
| manner according to the records, dockets, pa
| 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 ap-
| pear or give such excuse for his failure to ap-
! pear as shall seem reasonable in the discretion
! of the said Commissioner, that then the SAID
| Commissioner is hereby authorized, empowered
| and directed to impose fine upon each and
| every person notified and summoned, from hve
| 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 Commissioners
| to collect each and every Judgment entered by
him against any person or persons Dy execu-
| ton or attachment, or other process authorized
by the laws of this State, for 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 sad
| county, to place the sum or sums 50 antporlzeo
| to be paid to him. to the credit OF the tund ap-
proprated for the restoration OF the rec0rds, m
| dexes, dockets, or other instruments OF wfiting
in the office of the said Clerk OF the Circult
Court for Baltimore county, - ..f,.fa,,,fi ej /
Sec. 9. Aa.d be at enacted, That in all cases
where, in the judgment of the CommIssloner
appointed by this act, any record IN the ONCE
| of the Clerk of said county, shall have been SO
burnt or defaced, as to be wholly destroyed py
fire, and the indexes to such record, orthe gen.
| 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, properly ev,
| tdenced as of record, be produced, order and
direct such original paper, or copy, as the case
NAV be, to be recorded anew, and snail endorse
such order on said paper, and then record Ihe
| same, which endorsement and new record OF
| such paper shall be prinaG facte evidence OF the
verify of the record SO made and ayaia9ie y ioT
all purposes for which the original record II IT
\ had not been destroyed by ire. would nave
been available in evidence ,s7e.,,ss-sI
Sec. Z. And be 1T enacted, That In 2ll cases
where any record or paper shall pc wholly ye'5 ue
| stroyed by fire, and the original or certliied
copy thereof cannot be procured, 1T shall be the
| duty of the Commissioner, II the sald record
| he found indexed to hear and receive sucn otn-
| er evidence, if any their be wltnih Ine recoru +
office, either to be derived from the remains OF
the burnt record or otherwise, ana sucn e& It'll
| sic evidence as the parties interested may sup
| plv. and shall determine and adludge In tne
premises. whether the said record or paper be
fullv established and if satisfied by such evil
dence, it shall be hissduty, ii the party or par
| ties grantor shall supply a new lna1rumen.,
correspondent to the one destroyed py Nre am anu
confirmatory of the same, to accept such lnstru-
ment. and to order and direct the same to Dee
| recorded with an endorsement thereon OF saaa
order which record and endorsement snail Sc
cure to the party or parties concerned, al tns
| rights, title and interest which was designed
and intended to be vested by the original paper
or instrument of writing, as fully as II the re-
cord thereof had not been destroyed by hre,
but if for any reason, the granter or gfan1ors
should NOT supply a rev or confirmatory @eeQ
or other instrument of writing, as the ease may
be. corresponding with the one destroyed py
fire, then The said Commissioners shall execute
and deliver in his capacity OF Commissioner 2
now and confrmatory deed or instrument OF
writing, under his haR& and seal, properly ac-
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, Inc
same rights title, and interest when was ne-
signed and intended to De vested Dy ths oaigl5,
nal paper or instrument OF writing ana record
thereof as fully and effectually as II the record
had not been destroyed by lire.
Sec. 8. And be 1t enacted, That in all cases
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 Dy
the aid of other evidence accessible to the said
Commissioner, it shall be 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 continuously together
as thew were before being burnt, the said Com
missioner is hereby authorized, if he see fit, to
cause the binding Of any of the record books
to be removed, so that the folios may be sepa-
rated, the burnt portions detsched and the new
record thereof and corresponding thereto, be
substituted in the place of said burnt part, and
to have the said record book thus restored to
cate to that effect recorded therein.