The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1867-04-27


been made up or wholly or partially re-. record.
cd anew from either partially burnt record
from original papers or instruments oi writing
or from any properly authenticated copies
thereof, as the case may bc, any additional
matter or instrument Of writing which in the
opinion Of the said commissioner would bc cx.
pianatory and perfect, aud re restore the said
record or any instrument Of writing recorded
therein.
SKoTIoS s.-And be- il enacted. That ia all
eases wherein process % ay bc issued tn sum.
mons parties before the said commits Toner
whiSh shall be returned non est, no final order
shall be passed in the premises until public
notice shall have been gwen Ia some newspa.
per published IA said county once week for
at least three weeks, aud order shall be passed
upon any record or paper alleged to have been
destroyed or injured by the tire. which shall ia
any wise have the effect 10 impair or interfere
with the rights of third parties not appearing t.
or cohtestng any issue before the said coininis.
si"ncr, and any party Ca any issue or cxamina.
ton had before said commissioner. shall have
the right at any time within thirty days a. ap.
peal from amy order passed by said commits.
sioncr TO- the Judge OF the circuit court ior said
county. aud the said commissioner shall be- and
he - hereby required to carry into effect the
order Of the said judge ia the premises.
SE.IioS Y.-And bc il enacted. That when
any iockei shall have been wholly or partially
destroyed by lire. the said ruininissiu,i.r shnil
trial papcrs. auxiliary d.ckcls "r ANY evidence
ia the oillrc of the clerk "l th. circuit
court Tor said county. which may 10. nr
rcssiblc iruiu the burnt remains oi amy docket
Or pap'rs ~ nthrrwi.". ana when sucA ,i.ck.
"ts shall have been made up. the rtiniul--i,,u.
"r shall certify the same under his iaud and
seal {" the Judge %! thc circuit court t.r said
county, and Il shall! bc lhe duty ui the .aid
Judge u examine such renewed d.rsrt nr lock
"'s ~ the ""'" may Ice. aud 1t iouni cori-ct. 10
adopt the same as the docket "r i"rk-t. cd the
court. and the said iudg. .hal! sieuttv such
"i"ption by certificate ia writ,ng upon each
yi such dock"ts. and such renewed .iockri or
d"cActs shall bc a. valid aBd cilectuai ia inw
as the original docket 80 docket, woa!d have
seen had they not been destroyed 81 IA any
way injured by fire
SECTION i0.--And be- Il enacted That when
any cause oi action or trial paper IA auy oa.e,
whether pending or -ettlcd. Ut Law 90 81, equity
may have been wholly or partially ,lc-trtvcd
By hr". IN" said coinni..lunrr d. IL, i.i,v an
th"fik"i 1" cause the q, b- RESTORED ~ fr
"-ta"ii'h"d by consent Of parties iisn l,l-,a, II
"r hY such evidence a. iuay bc -u'ffsiitl fr.iu
"a" r-inafu. 81 burnt iatrr- of ,l"Art- f ttl l,.r
al"s- "a ihc "ilir,' 80 tho ,i-rA 81 tie ''ir..u
'""ri i"r .'iu county. ahS - -'-i. ,Nul.i.rc
hail %" suiiirien; ~ his jri ismrui. tLr .td
commissioner -hall certify such frs;"r.a 90 r.-
established cause - action ur tfIal i,atsf 60
tn" sait clerk. wiz" shall t' i,lc such ;.li,cr =
papers ani cause ihc proper i"cs.., entry 81 eli.
tri"s I" b" made thereof. and such r-iilet uaIwr
"r laIcrs RndN"ck kctrutgyu ur cuir.,. -Ial! have
'hc saiue validity aud -il,ctas 10 th,"ri I.al ia
per lad h"s been destroyed 80 injured hv Ire.
and IA ease any cause 'i action "r trim. uai,r
cahnoi be sufficiently established Ia 'h. iuaii-
nrr herein above prescribed. q shall De-. tt. iu.
~ 81 the said rutnmi--i~ucf :" hear intrinsic
evidence touching the fc cstaSl siui"ut 81 -t.rh
paper. and u satisfied up - such oyidcuc, that
surh paicr - FULLY rc.c,i tbli,hcd. certify such
H.H.f. sod H.a.N.
per t. the sHid clerk who shall re- fl. such lr.
per and make the corresponding d",.,c' -.
irics therei" ia conformity IT, the uries ra..c,i
IN the PREMISE. AMI such rr ii.cd pa ;...r md
'ios Eei entries tlvr-"i shall have th. Sam. Va.
lidity and force lu lass nr equity %. Q: IT,. ,r.
-inals thcr.n; h''l hot been ic.if,y.i .r .i.,.-
81 hy lire yrorosifd. however. that il a.i ~.
cee'tlngs tor the restoration ui causes t action
~ trial psiers which cannot be- established 4"
IN" satisfaction oi the coininissi"u'r afnr".aid
irnin the intrinsic evidence within the ollicc
uf the sni clerk. ur from certified o.iire copies
or by consent oi parties. "a" cXiArtc action
shall be had by the said commissiouer uniil
after such notice shall have been served utou
the opposite party or his or their Attorney ~
the record oY docket according 10 such rules as
the said commissioner may prescribe. and
from any judgment or order passed bv said
commissioner under the authority conferred by
this Act. either party may appeal 10 the Judge
o' the circuit court for said county within thir
~ days after the passage OF such order or iuig.
ment, and in all eases OfaPpeal il shall be- the
duty oi the said commissioner e. certify a. said
judge n record Of all proceedings and evidence
had before him ia the matter. and an appeal
may be considered and determined BY said
Judge in or out of cour, at his election. and ac.
coriingio such rules W practice he may
prescribe.
sEcrIoS il.-And be It enacted. That the judi
cial records or the papers IN any equity or iu-
dicial ease which was recorded or remained
unrccorded at the time of the fire. aud which
may have been wholly or partially destroyed
by fire. shall bc inquired into aud restored by
the said commissioner upon proper evidence
IN the same manner as prescribed IN relation
IL the restoration of other records and papers.
and the finding and rc-cstablishing oi such re
cord paper or papers shall be certified by the
said commissioner aud ordered To be filed. re.
corded 6r rc-rccordcd anew as the ease may be-.
and such finding and recording shall secure
u parties interested the same rights aud titles
ia all respects as IL such record or papers had
not been destroyed or injured by fisc.
SLc:IoN l2.-And be il cnanactc,. That the
recording aud other work authorized and re-
quired by this Act for the purpose OF restoring
and rc.csiablishins such Of the records, index
es. docke,s aud papers in the office ui the clerk
Of the Circuit Court for Baltimore county as
have been either wholly or partially destroyed
by FIRE. may be done by the commissioner az
pointed by this Act or by the Clerk Of the cir.
cult Court for said county. Us the said commis-
si"ncr in his judgment and discretion may or.
der and direct. aud the said commissioner shall
have access to all the dockets. records. indcxes
papers and instruments Of writing in the office
of the said clerk, aud the said clerk il hereby
authorized and required to deliver to the said
commissioner such indexes, records. dOckcts,
papers aud instruments ofwriting as have been
made or done by any former commissioner. "r
commissioner 81 records, or by the clerk of
said commissioners or commissioner, or by the
Clerk of said Circuit Court by order OF any of
said commissioners. and all other indexes, re-
cords. dockcts. papers or instruments of wri-
ting In the Office of the said clerk, aud which
may be required and wanted by said commits
sioncr IN the discharge Of his duties as commits
sioncr Aforesaid, and to render such assistance
and facilities as he can. ia his official capacity
as Clerk aforesaid. as will assist and facilitate
the said commissioner in the performance of
the duties authorized aud required by this Act,
and II the said Clerk should require IL. IL shall
be the duty Of the said commissioner to receipt
10 the said Clerk iorEuch indexes. records.
dockets. papers aud instruments of writing as
he shall remove and take from the office Of the
said Clerk, sud the said Clerk is hereby further
authorized and directed 10 cansc all papers. in.
struments Of writing or records 10 be- recorded
Or tiled or records 10 be rc.rccorded anew as
shall bc ordered aud required 10 be done by the
said commissioner, aud shall lle such papers
and instruments ol writing and do such record
ing aud other work the said commissioner
may order and require him To do for the purpose
Of carrying out the provisions OF this Act, aud
the said Clerk shallbc allowed for such work rs
the said commissioner may order aud require
him 10 do, such fees or compensation as are now
allowed by law for similar service, and such
payments shall be made n tho said Clerk by
the County Commissioners OF said county
monthly upon the certificate of the said com.
missioner. setting forth that he has examined
the recording and other work ordered by him.
that the amount charged aud allowed is Ia con.
fcrinty 10 the allowance prescribed by the pro.
visions Of this Act.
sEcriox l3.-And be Il enacted, That II any