The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1867-04-20

ed anew from either a partially burnt recer'
from original papers or instruments oi writin,
OF from any properly authenticated copie
thereof, a. the ease may be. any additinna
matter or instrument Of writing which IN lh
opinion oi the said comm issioncr would bc ex
l"anatory aud P"ricc,. aud rc-rcst"rc the sni,
record or any instrument Of writing rccprdc,
therein.
SE'tioN s.-And be- il enacted, That IN Al
eases wherein process nay be issued Ia sun,
mons parties before the said commissions
which shall be returned non est. no final ordc
shnll bc passed IA the premises until publi'
h"'ir" shall have been given ia some newspa
per published VA said county once u week fol
at least three weeks and no order shall he passc,
upon any record or paper alleged a. have iceI
destroyed or injured by the lire. which shall IL
any Wise have the effect io impair or ntcricr,
with the rights of third partic. not appearing /,
or contestiBg any issue before ihc said commits
sloncr, aud any party toany issue or cxnmina
ti"n had before said commissioner shall hay,
the right at any time within dirty DAYS urat.
peal from amy order passed by said ruuinis.
''"ncr I" the lndge IT thc circuit rnur, inr sand
county, AMI the said commissioner shall be il,l
he i hereby required tp carry int effect the
! order "i tile said Judge Ia the prc'ntsr.
| ~, Ft5N 9.-And De- IL enacted. That whei,
any docket shall have been wholly ur partially
destroyed 10y fire. the said r"inuiis.i"irr .hnil
cause Tia" sainc Ia be made ul, anew irnn the
trial lapcrs. auxiliary 'iockcl- "r any cs ldeucc
~ the "i'ic' oi the clerk oi III" circuit
| ""hri tor said county. whirh may D. as..
rrssihl" ir"in the burnt remains -, any ,invkct
| ~ papers "r otherwise. aud when such dock
cts shall have been made up. tn. e"ininissiou.
- shall certify the same unIrr III. hand .nd
seal {" the iudg. ui the circuit court Tor said
| county, and it shall b. the duty ni the .aid
| Judge {" examine such renewed i"ckrt or deck.
",s a. ihc ease may bc, aud il found correct. 10
| ad"p; the same ~ the docket ~ ,iuck"t. ot the
! court. nnd the said judge shall .ignifv -uch
| ni such d"ck"is. and such renewed ,inckc, nr
d"'k"t- shnll h" a. valid amt riiectuul ~ law
~ the original doe i.ei nr lck~t. would have
been hat they hot been dc-ir"y"i ~ ~ any
way injured by tire.
! SLrri0N iH.-And y. II enacted That when
! nn! rau,c 81 ar,i"n "r trial paper ~ ANY rlsc.
whether pending uT settled. at law ur 10. equity
may have beech wholly 90 partially .lr.tr,.v.i
/ by lire. ~" aid ,iiIinis.i"n"r +, h.tcny ant
ih"fis"i tu rau-. thr -ain" ,,. r,.tur..i ~ t-
( "-iat'i.h"'i hy c"n-"., "l parties iis" proposed
| - ~ .n"h "Viirnr" may b~ ~uppiiri ir,N
the rctnalns "i burnt irlu't-"g ,.N.t- .,. fll.r
/ iai"r- IA thc "iiirr ." tnr .crA y; the 'liru.t
Court fer said c"uuty. and :; .ucn - rirnrc
shall De- sufficient ~ hs judgment. il.c .uil
commissioner shall certify such r"stuir. uf r..
established raus" e action 81 irai unpri f.
the said clerk, VII" hall =. ~" -uch jmlr.i -
paper and cause the pr"lvi docket entry ur ell
rivs {" hc mnlr thcrc"f and s,ri. reiii...i paper
"r pal"rs and d"ckctcniry "r cniri". shall have
ls'r had n"t been destroyed "g injured hv tire,
| ami ~ cas" any rnusr Il actluu "t ttiui paucr
cannot hr sufficiently "siHhi. -i.-i 10 ~, man.
ner herein ubnv" pr'.rrihri % snail i.t tiir ia.
~ - III" saii c"isaiui.s tt Lra. intrinsic
evidence tnurhiug ih" tc.V.tth!lshiu,ut % such
paper. and % satisfied upon ia. u ,vidcuc, that
.urh paper j. FULLY r,.c.tab!i,hc,l certify such
restored "r renewed cauAc 81 action 90 iliui ia.
per t. the said clerk. who shall T,-i.l, such l,l.
!cf ahd make the r"ffc>p"ndiN. ,!urket ca
tries thereto ~ 'nl4.urutv Z" the nr,ics passed
~ the pFciniscs. uud such gc. iilei pata'r aui
docket entries thereof shall have "a. iine va
lility aud i"Tcc "a law "r equity a- q: the ori
ginal. thereof hai not been ,irsigoy"i ur tiiur.
cd Icy hte ptgrf f,d. however. thdi 10 80. PRO
ccc'iinss !ur ;nv RESIGNATION ": i-,- o' .rt."n
"r trial pni"f- which cannot bv "sta',l she'd tu
IL" satisfaction 81 the cniuini-.i"i.ci aforesaid
from the intrinsic evidence within. thc s,lir,.
ct the -aid cl"ik X. ~ from certified uilce copies
"r BY consent 1; parties Hu cNparte artiuu
| shall be- had by the said committeeman until
| after such notice shall have been served upon
the OPPOSITE party or his or their Attorney IN
the record ar docket according To- such rules a.
thr said commissioner Igay prescribe. and
iE"in any Judgment or order passed rs sail
commissioner under the authority conferred hy
ihis Act, either party may appeal % the Judge
"i the circuit court tor said county within ihir
" days after the passage oi such order ul ui:.
mcnt. and in all eases of appeal :; shall be- the
duty Of the said commissioner t. certify g. said
Judge q record ci all proceedings aud evidence
had before him IA the matter. ami al appeal
may bc considered and determined by said
Judge ia or out Of court az his election and a..
cordingta such rules or practice as he may
prescribe.
sLcrioN ll.-And hcit enacted. That the indi.
cial records or the papers ia any equity or in.
dicial ease which was recorded oF remained
unrccorded ut the time ni the fire. aud which
may have been wholly or partially .iestgavci
by fire, shall be inquired in;o aud restored by
the said commissioner upon proper evidence
Ia the same manner ~ prescribed ~ relation
I" the restoration II other records and paper.
and the finding and rc-cstablishing 81 sarh rc-
cord paper or papers shall hc certified hy the
said commissioner and ordered 90 bc filed. sc.
corded or re-recor,lcd anew ~ the ease may bv.
and such hnding aud recording shall secure
Co parties interested the same rights aud titles
IA all respects as II such record or papers had
not been destroyed or injured by irc.
Src!IoN l2.-And be IL cnanactcd. That the
recording aud other work authorized aud rc.
qured by this Act for the purpose of restoring
| aud rc-cstabiishing such OF the records. index
e. ,lockcis aud papers in the office oG the clerk
OF the Circuit Court for Baltimore county as
have been either wholly 81 partiaily DESTROYED
by fire. may be done by the commissioner az
pointed bythis Act or by the Clerk of the en-
cult Court for said county as tho said coin'uis.
sioncr in his judgment and discretion may or.
der aud direct, and the said commi Missioner shall
have access e. all the dockci-. records. indexes,
papers and instruments Of writing in the oilicc
Of the said clerk. aud the said clerk is hereby
authorized and required IN deliver to the said
commissioner such indexes, records. iOckets,
papers aud instruments ofwriting as have been
made ar done by any former commissioner. or
commissioner OF records. or by the clerk OF
said commissioners or commissioner. ar by the
Clerk OF said Circuit Court by order nf amy of
said commissioners, and all other indexes re.
cords. dockcts, papers or instruments Of wrl.
ting in the office Of the said clerk, and which
may be required and wanted by said commits.
sioncr ~ the discharge of his dutics as commis-
sioner aforesaid. and 10 render such assistance
and facilities as he can. IN his official capacity
ns Clerk aforesaid. as will assist and facilitate
the said commissioner in the performance oi
the duties authorized and required by this Act.
and II the said Clerk should require il. Il hall
be the duty at the said commissioner 10 receipt
TO the said CLERK for such indexes. records.
dockets. papers and instruments Of writing 81
hc shall remove and take from the Office Of the
said Clerk, aud the said Clerk l. hereby further
authorized aud directed 10 canss all papers. la.
stTumcnts OF writing q! records a. b. recorded
or fled or records tc be rc.recor,cd anew as
shall be ordered aud required 90 be done by the
said commissions. aud shall file such papers
aud instruments oi writing aud do such record.
ing and other work the said commissioner
may order and require him TO do for the purpose
oi carrying out the provisions OF this Act, and
the said Clerk shall be allowed for such work as
the said commissioner may order and require
him 10 do, such fees or compensation as are now
allowed by Law for sipilar service. and such
payments shall be made 10 the 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 aud other work ordered by him.
aud that the same has been properly done, and
that the amount charged and allowed !. ia con.
ioriniiy to the allowance prescribed by the pro-
visions of this Act.
sEcuoN l3.--And be II enacted, That ii any
excess OF fees should accrue Ia the office oi the
Clerk ei the Circuit Court for Baltimore coun.
| ~ during the time Of carrying into and rxc-
cutting the provisions Of this Act, the said Clerk
IL hereby authorized aud directed g. pay the
same 10 the Treasurer Of baltimore county y, aud
l. Al