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

) OFFICE or THE CLERK OF THE CIR
CUT COURT FOR BALTIMORE COT NTY
sgcrioN he Il Enacted, by Me Geaeral ~
sembty q MaryiaHd That George H. Carman b,
ahd he y hereby appointed a commissioner .
records Tor the purpose ot restoring aud Tc.cs
tablishing such Of the records. indie xcs, docket
and papers IN the office ol the Clerk of the Cir
cuit Court for baltimore county as have been
either wholly or partially destroyed by lire
anu 10 make such indexes as may be- necessary
for the same, who. before hc enters upon III,
duties required aud authorized by this Act, shal
take aud subscribe the following oath or a III rm
alton before some Judge oi a Court oi Record
~ said county, which oath OF affirmation, Ger
titled by the said Judge. shall be recorded
among the proceedings oi the said coiniuiss sion.
er -. George II. Carman. de- make oath on the
Holy Eyangcly Of Almighty God. Tor affirm, a.
the ease may be,) that | will we'll and tFu, y
execute aud perform the duties prescribed and
| required ~ be performed by nc a cofntni sion.
cr under an Act entitled An Act e. provide ior
IN" restoration oi the records. indexes, doe kets
and paper- destroyed ur injured By fire IN the
office "i ia" Clerk If the Circuit Court Tor Bal.
timer" county 81 help inc God."
SI'rioN J. Ind 10 = sHarftd. That the said
c"nsinissi"EcT shall keep al accurate and de.
tailed record "i his proceeding. which record
| shail, upon ia" close "i the commission. bc Ger
tii"'i by the sad cunu .s,uncr under hi, ha nd
| tnd seal. aui lee by him delivered to the Clerk
'i ih- Circuit Court for Baltimore county. to bc
| by han kept aiid preserved n al "ihcs record.
| are ia hs uilicr
| -i.s ft"N g.. ind - ? ,.acfci, That the said
commissioner shall have aud EXERCISE all the
| l"'w"rs which alr now lrpsarss.' hy tls. Judges
80 tia tigrTit Courts 81 the several .,tiuiirs of
| this state. tp Issue Process aui compel service
| thereof lur thc attendance "l a!tH"sscs ~ wcl!
| ~ parties wip appear upon the indexes, zee.
ur'i-. lrcsri-. rapcr- ~ any instrument uf wr.
| iins 4" Ice interested ~ property lying ia Bal
| tin"rr county. ~ wh" may have been conh.rt
| 81 wlth .uy deed, mortgage. bill ni sale suit
bond or other instrument oi writing "r cause
| pending % the Circuit Court tor saud county,
the record II winch ~ the o-i gina 1T which has
| been either wholly "r partially destroyed by
hrr, ahd Il shall bs the duty -; the Sheriff of
| sait county - serve such pr.ces.. for which
| scrVir" b" -hal b" entitled ,u receive the same
les 80 ai" n"w allowed by lass ior H. -crN ices.
u he ltd clihor 10y "a" parti"- Interested ur Nv
| the r"H"i!. "- o." -ali lnini- -inu"i may Pre-
-"iht. tii'i alter sod commissioner ha. i.si.ed
| a -ninin"it- iuf tie .ticndau"c ut an person
ini"f~st.i 80 caHuctt .! Hs a'r,yc ,icscf bed md
| the -aid party .huil br returned hy the said
| sheriff a- -uiuuuurl. aid IL" pariy ?" .liin-
in"n"d -htl. tai - apr 'as directed 80 give
| such 'Xcu.c h.. ns her uon arlcaranc. q,
'hai! '""iH f'ts"...hl" AMI proper Ia IL" IuIg
| mont Ht 'ti-c r"tltI ui the sad ruiuiuis-iuurr.
'iiru 30" sad c,.'n'iil-s.'uet D. h"r,y authnri
-''ti. empowered AMI d;r'rtc'; ." IuiH-.. @ tine
APP such p.esuu 90: n't 'u"r'' than i..,y dollars
nor .r.. thar tive dollar. and cos' ami every
tp' thus l'nl"a''. inrlu'iin. the c"si. shail BE-
regarded ~ iu' gin"nt i'i lHx. and - hail be
| th" duty "f the sa.d commits. .innrF o. collect
| such huc and r'-t % such manner as other
| judgments arr nnW collected ~ tins state, aud
| when collected :" pay III" .aucuycr t. the Urea.
''irct "i sa.i county. who authorized and
directed O. plIr" IT," sau.' 80 the credit ai the
| iun' 'Hih"5izct 4nd appropriated by DE pr"
| vl- rt. 20 tLi. 'c,
aa'tip> tia 3. .to.p.'.t. IhAi IL, said
I
may deem ih"s' "Xic'i'"ni aAi proper 1, mlly
nriu a." publ, 81 The iati md object. of his
| Hli"iEtmest. .ui So viii u"tf:y and rc,ucsi al
| rc:tua, whn have bees. ~ are n yrcscu; inter.
| rsiri 20 the kite 90 aiv laai. ia Balt.inor
| county. tu cNumiUt thcir title paper. aud a.
certain u they have any original deeds, mort
| gage, balls ot sale ur other papers or instru.
| neuis "i writing which have been recorded In
the oiiice 81 the Clerk oi the CiFcui, Court tor
| said county. and IL" record o; whicu has ei.
thcr been wholly ~ partially destroyed by
| IRE; aud the said commissioner may arrange
| for the time and places ot his sitting tor the
transaction ui the business Of the commission.
/ - ~ ~ his judgment lie may deem best: pro
r'dci. II shall be the duty "f the county com.
| missloners oi said county and they are hereby
| required to provide the said cnmini ssi"ner with
room IN the court house ia Towsontown to Ia
| cilitatc him in the tFanactions of the business
| ui the Coinmis.ion.
So. uo> And bc i enacted. That ia al
| cases where IN the Judgment of the Commits.
| sioncr appointed hy this Act any record in the
Office of the Clerk u the Circuit Court ;cT said
county shall have been So burnt or dciaccd as
10 be- wholly Destroyed hv fire and the general
| index uf the index io such record may supply
| the ;itliug io such record u" shall take and
| accept such index a. auxiliary evidence. and
| shall. Il any original paper or certified COPY
thereof properly evidenced a. oi record be pro.
ducci. order and direct such original paper or
copy, as the ease may be. o. be recorded ane ".
| and shall endorse such Order on said paper,
| which endorsement and new record oi such ia.
ter shall be prima tdcia evidence of the verify
"i the record 80 made and available ior all pur.
| poses tor which the original record. II il had
| not been destroyed by tire would have been
| available ia evidence.
| SL,TioN 6.-And bc II enacted, That in all
| cases where any record. paper nr instrument
| oi writing shall be wholly destroyed or injured
by IRE. and the original or certified copy there
| Of canno, be- procured. Il shall bc the duty OF
| the said Commissioner Il the said record, pa
| per or instrument of writing be- found indcxcd
| 90 hear and receive such hthcF evidence. il any
| there be within the office oi the clerk II the
/ Circuit Court for said county. either L. be lie.
| rived from the indexes remain. of the burnt
/ record or otherwise, aud such cxtrinsic cVi-
| dence a. the parties interested may supply
aud shall determine and adiudgc ia the prem
| ises, whether the sald record. paper nr iBstru-
mcnt oi writing he iully established and if sat.
isied by such evidence. IL shalt be- the duty Of
the said Commissioner. 1t the party or parties
1 grantor shall supply new instrument OF wri.
ting correspondent Ia the one destroyed by ire
aud coniiTmatory oi the same. io accept such
| instrument oi writing, endorse the same and
| order IL io bc recorded, which endorsement
and record shall secure Ia the party ar parties
| concerned oil the rights, title aud interest
| which was designed and intended To be
/ vested by the original record. deed. paper or
i instrument nf writing as fully as ii the record
l :.
but II Tor any reason the gTani"r or grant"rs
| should not supply a new cnnfrmatory deed or
instrument "i writing. as the ease may be. cor
respondent I" the original or the record which
was destroyed by fire, then tie said Commits.
| sioncr shall execute. acknowledge and deliver
| ia his capacity as commissioner Aforesaid n
new aud contrinatory deed or instrument Of
| writing. as the case may be, under his hand
and seal Ia take the place of the record, decd.
| paper or instrument Of writing destroyed by
tire. aud shall endorse aud order the same Ia
| bc recorded, which endorsement aud record
shall secure 10 the party or parties interested
the same rights. title aud interest which was
designed aud intended to b. vested by the ori
ginal record, deed, paper or instrument oi wri-
ting ~ iuily and chectually as IL the record or
the original had not been destroyed by tire.
SE.rioN And be IL enacted. That In all
eases where any oi the records have been only
| partially destroyed or injured by lire 80 that
they may be restored by their own intrinsic
evidence or by The aid oi other evidence ncres.
siblc la the said commissioner, II shall be the
duty of the said eomms ssioncr 10 cause the said
records 10 he restored b. their original condi.
ton, aud io the purpose of preserving the said
records as continuous together ~ they were be-
fore being burnt, the said commissioner 10
hereby authorized, IL he see it. to cause the
binding Of any at the record books 10 be rc.
moved 80 that tho iolios may be separated, the
burnt portions detached and the new record
thereof and correspondent thereto be substitu.
ted in the place II said burnt part and 10 have
the said record book thus restored, rebound
and certificate to that effect recorded therein,
and In all cases whore any record. book or part