pointed by this Act, any record in the office of the
Clerk of the Circuit Court for said county shall
have been so burnt or defaced as to be wholly de-
stroyed by fire, and the general index or the index
to such record may supply the titling to such re-
cord, he shall take and accept such index as aux-
iliary evidence, and shall, if any original paper or
a certified copy thereof, properly evidenced as of
record, be produced, order and direct such ori-
ginal paper or copy, as the case may be, to be re-
corded anew; and shall endorse such order on
said paper., which endorsement and new record
of such paper shall be prima facie evidence
of the verity of the record so made and available
for all purposes for which the original record if it
had not been destroyed by fire would have been
available in evidence.

Sec. 6. And be it enacted, That in all cases
where any record, paper or instrument of writing
shall be wholly destroyed or injured by fire, and
the original or certified copy thereof cannot be
procured, it shall be the duty of the said Commis-
sioner, if the said record, paper or instrument of
writing be found indexed, to hear and receive such
other evidence, if any there be, within the office
of the Clerk of the Circuit Court for said county,
either to be devised from the indexes, remains of
the burnt record or otherwise, and such extrinsic
evidence as the parties interested may supply, and
shall determine and adjudge in the premises
whether the said record, paper or instrument
of writing be fully established, and if satisfied by
such evidence, it shall be the duty of the said Com-
missioner of the party or parties grantor shall sup-
ply a new instrument of writing correspondent
to the one destroyed by fire and confirmatory of
the same, to accept such instrument of writing,
endorse the same and order it to be recorded, which
endorsement and record shall secure to the party
or parties concerned all the rights, title and inter-
est which was designed and intended to be vested
by the original record, deed, paper or instrument
of writing, as fully as if the record or the original
had not been destroyed by fire; but if for any
reason the grantor". or grantors should not supply
a new or confirmatory deed or instrument of writ-

When origi-
nal or certi-
fied copy can-
not be procur-
ed.