The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1865-05-13

CT l.
cause oil action or trial paper in any case,
whether pending or settled, at law or in equity,
may have been wholly or partially destroyed
by fire, the said commissioners hereby author
lzed 10 cause the same TO be restored or re-es-
tablished by consentof parties, If SO proposed,
or BY such evidences as may be supplied from
the remains of burnt papers or dockets or 9TH
er papers IN the office, and if such evidence
shall be sufficient in his judgement, he shall
refile such paper or papers and cause the
proper docket entry or entries to be made
thereof, and such relied paper and docket en-
try shall have the same validity and effect as
if the original paper had not been destroyed
or injured by fire, and in case any cause of ac-
ton or trial paper cannot be sufficiently estab-
lished in the manner herein above prescribed.
it shall be the duty of the said Commissioned
to here extrinsic evidence touching the re-es-
Enlistment of such paper, and if satisfied up
on such evidence that such paper is fully re-es-
tablished, refile such paper, and make the
corresponding docket entries thereto, in con-
formity to the order passed in the premises,
and sueh relied paper and docket entries Their
ofishall have the same validity and force in
law or equity as if the original thereof had not
been destroyed or injured by FIRE; provided
ho'oeuer, that in all proceedings for the restora-
ton of causes of action or trial papers, which
cannot be established to the satisfaction of the
SAID commissioner from theintrinsic evidence
within the Office of the said Clerk or from GER
tlhed Office copies, or by consent of parties no
er-Pdrte action shall be had by the said Com
missioner until after such notice shall have
been served upon the opposite party, or his or
their counsel or attorney on the record accor-
ding tosuch rules as the Commissioner may
prescribe; and from any judgement or order
passed by said Commissioner under the author
lty conferred by this act, either party may APP
peal to the Circuit Judge for the county, with
brfxr 1oxv csofto 1. q
or Judgment and in all cases of appeal it shall
be the duty of the said Commissioner to certi-
fy to said Judge the record of all proceedings,
and evidence had before him in the matter and
appeal may be considered and determined by
said Judge in or out of court at his election,
and according to such rule or practice as he
may prescribe. A%
Sec. II. AND BE IT ENACTED, That the judicial
records which may have been wholly or par
TALLY destroyed by fire, shall be endured into
and restored by theasaid Commissioner upon
proper evidence in the same manner as bre-
scribed in relation to the restoration of other
records and papers, and the finding and re-
establishing OF such record or papers, shall be
certified by the said Commissioner who shall
refile.or re-record the same as the case NAV be.
Sec. 49, AND BE 1T ENACTED That whenever.
any records or dockets which have been iniIlr-
ed by IRE shall have been already made up and
restored by the Clerk of the said Circuit
Court, it shall be the duty of the Commission
err to examine said records or dockets and
If the same shallbe approved by him, to certify
such fact by endorsement on the said records
ordockets under his hand and SEAL and such
record or dockets shall be valid and effective
as If the same had not been DESTROYED or iniur-
ed by fire; provided, said docket or doekets
shall have been certified to and approved by
the Judge of the Circuit Court as provided by
the tenth section of this act 1Ot
CO. A Avn mi.
of this commission, all the partially burnt pa
pers, records and dockets, which may have been
renewed by the substitution of other papers,
records or dockets by the said Commissioner
shall be properly endorsed and filed away by
the Clerk of the said Circuit Court in his Office,
and preserved as other records and papers are
now preserved ins said Office Il
Sec. 10. AND BE 1T ENACTED, That no Com
missioner hereby appointed, is hereby author.
lied, empowered and required to record all
deeds confirmatory executed by himself from
extrinsic evidence as provided in section sew
en- of this act relating to property, the record
of which has been destroyed by fire in the of
fee of the Clerk aforesaid, and the Clerk of the
Circuit Court for Baltimore county, is hereby
ordered and directed to furnish the said Com
missioner with the dockets, books and papers
in his Office, as we'll as provide others when re-
quired by said Commissioner, as well as facili-
| tate the said Commissoner.in.t the performance
of the duties required Of him by this act.
Sec. 10. AND BE 1T ENACTED, That the said
Commissioner, shall be allowed for his services
as Commissioner, for restoring and completing
the restoration of all the burnt records and pa
pers as indicated in this act, and recording and
indexing and filing papers relating to his office,
the sum of two thousand dollars, and it shall
be the duty of said Commissioner, monthly on
oath, to present his account for settlement to
the County Commissioners for Baltimore co.
Sec. II. AND BE 1T ENACTED, That the County
Commissioners of Baltimore county are hereby
authorized, empowered, directed and required
to pay to, the said Commissioner the amount
due him, monthly, when it is proved by his.
own affidavit, and when said amount does NOT
exceed one dollar and fifty cents for each pa
per restored, and recorded according to the pro-
visions of this act, and is not, in the judgment
of the County Commissioners, more than pro-
portional part of the whole work agreed to be
done by said Commissioner, and for the pur-
pose of carrying into operation this act, the
said County Commissioners are authorized, en-
powered, directed and required to pay the ae-
counts of said Commissioner, as they are pre-
scented To them by him, ont of any funds which
may be on hand at the time when the said
Commissioner may present his account, and
have the same charged tothe fund appropriated
by this act, and for the purpose of providing:
the means of carrying out the provisions Of
this act, the said County Commissioners are
hereby authorized, empowered and required to
levy upon the taxable property of Baltimore
county, to be included in the levy of eighteen
hundred and sixts4five, the sum of two thou
sand dollars which sum is hereby appropriat-
ed to that object, and when that amount is col
lected, to return it to the fund from which the
said Commissioner may have been paid for his
services from time to time. oaGI
Sec. Is. AND BE 1T ENACTED, That in the
event of the death, resignation or disability of
said Commissioner the county Commissioners
shall fill such vacancy, at the. next regular
meeting, after they have been informed of such
vacancy, butin no case shall the said vacancy
be filled except byan attorney at law who has
had over two years Practice sgfffl1 i-t
Sec. 10. AND BE IT ENACTED, That the Com
missioner hereby appointed, shall have power
to adjourn the commission from time to time
provided, hoaceuer, that the whole time occupied
in the execution of this commission shall not
exceed one year. ty-l-h y -
Sec 20. AND BE IT ENACTED, That whenever
any record, paper or other instrument of writ
ing. cannot be made up, by the parties inter
ested failing to supply the defective parts there
of, the Commissioner is hereby directed to ap-
ply to any court where he may believe he can
procure an extract or extracts for the purpose
of completing and restoring said records, for
such extract or extracts as the necessity of the
case may require, and the clerk of any court is
sioner such extract or extracts in book provi-
ded by the said Commissioner for that purpose,
under the seal of the office Of the court of
which he may be clerk, which seal shall cover
and be valid for all the extracts up to the date
of the seal, and said Commissioner shall record
the same extract Or extracts amongst the law
records Of said county. lN4NlI a0a n
Sec 81 AND DE 1T ENACTED, That the deed
or deeds, or other instruments of writing, and
o4S OH lod oh0n how fha
same effect and operation in law, to all intents
and purposes, as if the records aforesaid, in
which the said deed or deeds, or other instru-
ments OF, writing, were heretofore enrolled had
never been destroyed.
/. Sec. %. AND BE 1T ENACTED, That any per-
son or persons having possession of any bin of
sale, mortgage or other instrument. of writing;
relating to personal property that appears to
have been heretofore recorded in the office of
tLo clorl. the circnt court Cor ia Il 1,...,