THOMAS SWANN, ESQUIRE, GOVERNOR
THOMAS SWANN, ESQUIRE, GOVERNOR. 453
book which has been wholly or partially destroyed
or injured by fire, and which has been made up or
wholly or partially re-recorded anew from either a
partially burnt record from original papers or in-
struments of writing or from any properly au-
thenticated copies thereof as the case may be, any
additional matter or instrument of writing which
in the opinion of the said Commissioner would be
explanatory and perfect and re-restore the said re-
cord or any instrument of writing recorded therein. |
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Sec. 8. And be it enacted. That in all cases
wherein process may be issued to summons par-
ties betore the said Commissioner which shall be
returned non est no final order shall be passed in
the premises until public notice shall have been
first given in some newspaper published in said
county once a week for at least three weeks, and
no order shall be passed upon any record or paper
alleged to have been destroyed or injured by fire
which shall in any wise have the effect to impair
or interfere with the rights of third parties not
appearing to or contesting any issue before the
said Commissioner, and any party to any issue or
examination had before said Commissioner shall
have the right at any time within thirty days to
appeal from any order passed by said Commis-
sioner to the Judge of the Circuit Court for said
county, and the said Commissioner shall be and he
is hereby required to carry into effect the order of
the said Judge in the premises. |
When pro-
cess is return-
ed non-est. |
Sec. 9. And be it enacted, That when any docket
shall have been wholly or partially destroyed by
fire the said Commissioner shall cause the same to
be made up 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 otherwise) and when such dockets
shall have been made up the Commissioner shall
certify the same under his band and seal' to the
Judge of the Circuit Court for said county, and it
shall be the duty of the said Judge to examine
such renewed docket or dockets, as the case may
be, and if found correct to adopt the same as the
docket or dockets of the Court, and the said Judge
shall signify such adoption by a certificate in |
Dockets
how made
anew. |
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