Year: 1865

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refile such paper or papers and cause tn
4 proper docket entry 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-
lshed in the manner herein above prescribed,
it shall be the duty Of the said Commissioner
to here extrinsic evidence touching the re-es-
adjustment of such paper, and if satisfied up
on such evidence that such paper is fully re-es-
tabished, refile such paper and make the
corresponding docket entries thereto, in con-
formity to the order passed in the premises,
and such relied paper and docket entries ther-
OF shall have the same validity and force in
law or equity as if the original thereof had not
been destroyed or injured by fire; provided
h00eUer, that in all proceedings for the restora-
tion of causes of action or trial papers, which
! cannot be established to the satisfaction of the
said Commissioners from the intrinsic evidence
within the office of the said Clerk or from GER
tilted office copies, or by consent of parties, no
er-parte 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 to such rules as the Commissioner NAV
prescribe, and from any judgement or order
passed by said Commissioner under the author
| ity conferred by this act, either party may ap-
peal to the Circuit Judge for the county, with
IN thirty days after the passage of such order
or Judgment, and in all cases ofappeal it shall
| be the duty of the said Commissioner to certi-
! fly 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. fsf-c5srf,tr.se ssta 3il a


Sec. IL. AND BE 1T ENACTED, That the judicial
records which may have been wholly or par
TALLY destroyed by fire, shall be enquired into
and restored by the said Commissioner upon
/ proper evidence in the same manner as pre-
scrbed 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
retlle or re-record the same as the case may be.
| Sec. H. AND BE 1T ENACTED. That whenever
any records or dockets which have been iniur-
ed by fire shall have been already made up and
restored by the Clerk Of the said Circuit
Court, it shall be the duty of the Commission
| er to examine said records or dockets and
II the same shall be approved by him, to certify
such fact by endorsement on the said records
or dockets 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 dockets
shall have been certified to and approved by
the Judge of the Circuit Court as provided by
the tenth section of this act ,.,s.s'
Sec. IA. AND BIZ 1T ENACTED, That at the close
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
xAff fha CofI |.
and preserved as other records and papers are
now preserved in said office.


Sec. Is. AND BE 1T ENACTED, That no Com
missioner hereby appointed, is hereby author
lied, empowered and required to record all
deeds confrmatory 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
flee 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 well as provide others when re-
quired by said Commissioner, as well as facili-
tate the said Commissioner in the performance
of the duties required of him by this act.


Sec. 16. 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 ITENACTED, 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 ac-
counts of said Commissioner, as they are pre-
sented 10 them by him, out of any funds which
may be on hand at the time when the said
Commissioner may present his account, and
have the same charged to the 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 sixty five, 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
SdlQ commissioner may nave DeeQ paid Tor his
services from time to time


Sec. IS. AND BE IT 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, but in no case shall the said vacancy
be filled except by an attorney at law who has
had over two years practice. 81


Sec 10. AND BE 1T ENACTED, That the Com
missioner hereby appointed, shall have power
to adjourn the commission from time to time
prouided, ho0ever, that the whole time occupied
in the execution of this commission shall not
exceed one year. as


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
hereby required to furnish the said Commits
sioncr such extract or extracts in a 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.


Sec. 81. AND BE 1T ENACTED, That the deed
or deeds, or other instruments of writing, and
the extracts aforesaid enrolled shall have the
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 IT ENACTED, That any per-
son or persons having possession Of any bill Of
sale, mortgage or other instrument of writing,