Year: 1865

to appeal from any order passed by him to the
circuit Judge for said county, and the said
Commissioner shall be and he is hereby requir-
ed to carry into effect the order of the said
Judge the premises.


! Sec. 10. And be 1T enacted, That when any
docket shall have been wholly or partially de-
stroyed by fire, the said Commissioner shall
cause the same to be made anew from the trial
papers, auxiliary dockets or any evidence in
the office of the Clerk of the Circuit Court for
said county, which may be accessible from the
burnt remains of any docket or papers, or 9TH
wise, and when such dockets shall have been
made up the Commissioner shall certify the
same under his hand and seal to the Judge of
the Circuit Court, and it shall be the duty of
the said Judge to examine such renewed dock
ct or dockets as the case may be, and if found
correct, to adopt the same as the docket of the
court, and the said Judge shall signify such
adoption by a certificate in writing upon each
of such dockets, and such renewned dockets
shall be as valid and effectual in law as the
original dockets would have been had they not
been destroyed or in any way injured by fire. 4


Sec. II. AND BE IT ENACTED, That when any
cause of action or trial paper IN any case,
whether pending or settled, at law or in equity,
may have been wholly or partially destroyed
by fire, the said Commissioners is hereby author
ized to cause the same to be restored or re-es-
tablished by consent of parties, if so proposed,
or by such evidence as may be supplied from
the remains of burnt papers or dockets or 9TH
er papers in the office, and if such evidence
shall be sufficient in his judgement, he shall
refle such paper or papers and cause tn
proper docket entry or entries to be made
thereof, and such refiled 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-
tion or trial paper cannot be sufiiclently estao-
lished in the manner herein above prescribed,
it shall be the duty of the said Commissioner
to here extrinsic evidence touching the re-es-
tablishment of such paper, and if satisfied up
on such evidence that such paper is fully re-es-
tablished, refle such paper, and make the
corresponding docket entries thereto, in con-
fornity 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; pro0lded
ho,Uever, 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 Commissioner from the intrinsic evidence
within the office of the said Clerk or from GER
titled 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 may
prescribe, and from any judgement or order
passed by said Commissioner under the author
ity conferred by this act, either party may APP
peal to the Circuit Judge for the county, with


in thirty days after the passage OF such order
or Judgment, and in all cases of appeal 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. s.


Sec. IL. AND BE IT 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-
scribed 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 Commissioners who shall
refile or re-record the same as the case may be.


Sec. 13. AND BE 1T ENACTED. That whenever
any records or dockets which have been lnJur-
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
ier to examine said records or docl1ets and
if 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 injur-
ed by fire; provided, said docket or dockets
snail nave DG0u C6TuuCQ W duu dppIOVCQ ny
the Judge of the Circuit Court as provided by
the tenth section of this act.


Sec. IA. AND BE 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
the Clerk of the said Circuit Court in his Office
and preserved as other records and papers are
now preserved in said Office.


Sec. 49, 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
extrinsc 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-
CURED by said Commissioner, as we'll as facili-
tate the said Commissioner in the performance
of the duties required Of him by this act.


Sec. l6. AND BE 1T ENACTED, That the said
Commissioners. 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 snni of two thousand dollars, and it shall
De Ln0 QuGy VI EtIU OOHiHIioolOhOi3 W.
oath to present his account for settlement to
the County Commissioners for Baltimore co.


Sec. II. AND be IT ENACTED, That the County
Commissioners of Baltimore county are hereby
authorized, empowered, directed and required
to pay;t 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 TO them by him, out OF any funds which |
NAV 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 6,sou 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 approprlat-
ed to that object, and when that amount rs col |
lectad, to return it to the fund from which the |
said Commissioners may have been pald Tor ms I
services from time TO time.


Sec Is. AND BE 1T 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.


Sec 10. AND be IT ENACTED, That the Com
missioner hereby appointed, shall have power
to adjourn the commission from time to time
oroUiled, hosoever, that the whole time occupied |
in the execution Of this commission shall not
exceed one year.


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-