The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1867-04-13
NetV Advertisements.

upon any record OF paper alleged 10 have been
destroyed or injured BY the fire, which shall ~
any wise have the effect "a impair or Interfere
with the rights Of third parties not appearing 1"
or contesting any issue before the said commits
sioner, and any party toany issue or cxamiHn
ton had before said commissioner. shall hRVr
the right At any time within thirty days i"ar
peal from any order passed by said comini--
sioncr to the Judge Of The circuit court for said
county, aud the said commissioner shall bcnnd
he ~ hereby required 10 carry into effect the
order OF The said Judge IN the prcmiscs.
sEcrIoS p.-And be II enacted, That when
any docket shall have been wholly or partially
destroyed by fire, the said com missioner shah
cause the same 10 be made up anew from the
trial papers, auxiliary buckets or any evidence
IN the office Of the clerk Of the circuit
court for said county, which may BE- ne
rcssiblc from the burnt rcmnins ct any docket
or papers or otherwise. and when such dock
cts shall have been made NJ, the commission
or shall certify the same under his hand nnd
seal Ia the Judge Of the circuit court fnr anid
county. and Il shall be the duty Of the said
judge to examine such removed docket or ,io,i
eta as the ease may be. aud II found correct. t.
adopt the same rs the docket or dockcts Of the
court, aud the said Judge shall signify such
adoption by n certificate In writing upon each
Of such dockcts, aud such renewed iockci ~
dockot- shall bc ms valid aud clcctual IN lnw
a. the original docket or dockcts would have
been had they not been destroyed or IN amy
way injured by fire.
SErTIoN iO.-And be il enacted. That when
any cause ol action or trial paper in any ease.
whether pending or settled, Of law or ~ equity
may have been wholly or partially destroyed
by Tire. the said commissioner IL hereby nu
thorized 10 cause the same 10 be- restored ur TO-
established by consent of parties iiso proposed
or by such evidence as may he Supplied from.
the remains of burnt papers ~ dockcis or other
papers IN the Office Of the Clerk ct tho Circuit
Court for said county. and II such evidence
shall bc sufficient in his Judgment. tho said
commissioner shall certify such rcstorcl NC r.
established cause e action or TRIAL paurr u.
the said clerk. who shall c.hlc such paper of
papers and cause the proper 'lockct entry nrrn
irics t. be- made thereof. and such rodlod pni4.t
Or papers aud dockctcniryo entries shallhnvc
,hcsan validity and effect as 10 the orig iual ra
per had no, been destroyed ~ injured hy Tire.
and IN ease any cause II action or tgul paper
cannot be- sufficiently established in the turu
ncr herein above prescribed. IL shall hc tn, iu
~ 1T the said commissioner tn hear Intrinsic
evidence touching the -c.tnhii shmcnt ui such
paper. aud I. satisfied upon such evidence that
such paper il fully r.. established. certify uch
restored ar renewed cause Of action ar triul ~
per To- the snid clerk. who shall ~ Tile such l.a
per aud make the corresponding docket ga
tries thereto in conformity 10 ia" order paced
IN the premises, aud such re- filed paper uui
docket entries thereof shall hnV" the .aiur va
lidiiy and force in law or equity u the "t..
ginals thereof had not been destroyed or 'u.itr.
ed by fire proridcd. however. that IN ~ pr,
ccciings Tor the restoration of causc- ni .e .tu
or trial papers which cannot BE- established e.,
the satisfaction Of the coinmissipn af'r. q
from the intrinsic evidence Within ilo .if...
If The said clerk. ar from certified ,ilc. i.i,1
~ by conscni Of parties. u" rVPnrtr a'ti'u
shall bc had by the said c"ufI.-si''..r HftIi
after such notice shall have h.'n srr' r.i Nf.'.
the opposite party or his "r their iit.rreN ,'
the record or docket according q" irh .uI.-..
the said commissioner may i't. ..ii ... .fHi
from any iudsncn; "r order ia -.i p. .'i
commissioner under tine authority conferred l,s
ihi- Ari. either party may uVf'".l e.. i'. IH'.
81 the circuit court Tor said county IS th.utt.
~ days after the passage 81 such "ricr.i mig
~. ut and ia all ca.cs ii appeal Do shall boo. ti,
duty Of the ,aii commi ,niicr 90 cert .',. sil
judge record "f all prescribing aud ryii,i..
hgd before him ia the matter. aud 90 appeal
may De- considered aud determined Ly sand
judge in or ont Of court at his election. aui gee
cor'lingt" such rules esq practice 81. 70, uas
prescribe
sEcnoS lI.--And belt enacted. I'ta, tlr. ad.
cial records oF the parcrs 10 unv tla.f. H. ia
dicial ease which was recorded "I i,.u. n,,
uurccorlcd ~ the tim" u' the fire.. ..' .. t
may have been wholly "r partially 1.-t.",ri
hr fire. shall! bc inquire, Hia sud r.... i.
;hc .Aii commissioner upon lreIer i.f...
Ia the same manner az prc-riihrl %. .,' t..u
o. she restoration 81 other rccnr,i. and nrlr~..
ani the finding and re- c.iabl shin % -1rl. 90.
cord paper "r papers shall lc r"rttNri ig co..
sad commissioner AMI ordered o. p. 70. ID. r.
and such finding and r'cprlil. i.'l ..rul.
g. parties interested the san~ right. ,i.i .fl,..
ia al rcspcct- If such record "r ial.... Lat
not been destr"yedor injured by fr..
SECTION I2.-And hc il cuauartsd. TIT ia.
recording aud other work authorized atd g.,
paired by this Act for the purpose 81 r..i.riu.
nud rc.cstabli shng such ni the rccuri,. index
-. iuckc,s and papers in the office 90 tho -i.r.
81 the Circuit Court for Bnltim"r. counts Co.
have been either wholly ar partially bestowed
l.sss IN f,... D. flt,s.
pointed by this Act or by thu Clcr, % t'.c CO..
cult Court for said county, as ihc said ....,l..
sl"ncr IN his judgment and discretion uaV .,,
der and direct. and the said couiui ssi"n,l .ali
have access t. all the 'lockci-. record, u,.....
PAPER aud instruments 81 writing 90 thr ut'i,.
Of ia" said clerk. aud the slid clerk +. L.u.b.
authorized and required &" deliver o. t.- -..I
commissioner such indexes. records. doca,i..
papers and instruments ufwritiug as have i..ti,
made or done by any former commissioner "r
commissioner II rec0rda. or rs tis sl.ri az
said commissioners or commissions. Joy ii..
Clerk Of said Circuit Court rs order oi en4 .f
said commissioner. and all other iudexc.. r,.
cords. dockcts. papers ~ instrument 80 VIZ
ting IN the Office Of the said clerk. anil wAi,l
may be- required and wanted bv rnid ,.piu,.t...
sioncr IA the discharge of his duiics a. c.iuini..
sioncr aforesaid. and 10 render such asst. taic.
and facilities ~ he can. ia hie official caf.lritr
"a Clerk aforesaid. will assist md flriiili..
the said commissioner IN the performance oi
!
and II the said Clerk should require TO-. hn.
be the duty at the said commits iinnorto recon,
1" the said Clerk for such ind.xe-. t,... I.
d"ckets. papers and instruments ui wYit,i b.
he .haii remove and take from the "li.. .. fI...
said Clerk. aud the sold Clerk . lar,i.,. t.-tI
authorized aud directed tocaus.ali r.f.,,...
sirumenis Of writing or records % l, ...Df.,I
or hlcd or records 81 lee re-icrusd,i sf. IS,
shall lee ordered and required - bc dsi, 90. Ga,
sad commissioner, and shall lie -iteh utp.,
H.aN .NWHHH -. e
ins aud other work the said caium.-....,..
i""y order and require him Il. io isr iii, iiar,..
- carrying out the provision of tii a.. .l
ia" 'aid Clerk shall y. allowed .nr tuch p....st.
~" sad r"iisinissioneT may "r,irI aud ..ti..
hiu 10 de-. such iccs uT i,,u al. .,t.,,,
allowed 10y law ns similar .rFslrc. and .,,ch
payments shall be- made g. The said Clerk I,
ia" county Commissioner ui said r.gtt,
monthly upon the certificate oi tho .aid ,..t.,
missioner. setting forth that he has examined
thc recording aud other work ordered bv him.
AMI that the same has been properly done. rn.
that the amount charged and allowed T. On con,
iorini,y Ia the allowance prescribed hy thorn,
visions Of this Act
sErrios l3.-And be- II enacted. That 30 .n,
excess Offices should accrue in the ollie. of ,i..
clerk 81 the Circuit Court for baltimore conn
~ during The time oi carrying into AMI *
cutting the provisions of this Act. the said sl.rl
- hereby authorized and directed 80 nav It.
same u the Treasurer II baltimore cnnhty,anI
laA" IN receipt Tor the saInr. and ihs ID
Treasurer ~ directed and required L. ln.,. Is
amount or amounts thus received to tho credit
81 the fund authorized and Appropriated D.,
this Act, aud such excess 81 fee, II any sl,aulI
accrue. are hereby dedicated nnd apprapriai,.
:" mat "NI.et' hhd the Comptroller ~ tlc siAi,
= hereby directed upon the pre.entati..u t,.i,,.
hy 'hc IA" said CLERK # surk receipt orrrccint
from the .aid Treasurer for such cxccss VI ~,
"a settle the accounts aud credit. Ut tho My
ClcTk accordingly.
A 4
bc the duty Of any pcrson who has po....si,.
1T am b'ok Of proceedings or papcrs helspri,,.