writing upon each of such dockets, and such re-
newed docket or dockets shall be as valid and
effectual in law as the original docket or dockets
would have been had they not been destroyed or
in any way injured by fire.

Causes of ac
tion and trial
papers.

Sec. 10. And be it enacted, That when any cause
of action or trial paper in any case, whether pend-
ing or settled at law or in equity, may have been
wholly or partially destroyed by fire, the said
Commissioner is hereby authorized to cause the
same to be restored or re-established by consent of
partics if so proposed, or by such evidence as may
be supplied from the remains of burnt papers or
dockets, or other papers in the office of the Clerk
of the Circuit Court for said county, and if such
evidence shall be sufficient in his judgment the
said Commissioner shall certify such restored or
re-established cause of action or trial paper to the
said Clerk, who shall refile such paper or papers
and cause the proper docket entry or entries to be
made thereof; and such refiled paper or papers
and docket entry or entries 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 action or trial paper cannot be sufficiently
established in the manner herein above prescribed
it shall be the duty of the said Commissioner to
hear intrinsic evidence touching the re-establish-
ment of such paper, and if satisfied upon such
evidence that such paper is fully re-established,
certify such restored or renewed cause of action or
trial paper to the said Clerk, who shall refile such
paper and make the corresponding docket entries
thereto in conformity to the order passed in the
premises, and such refiled paper and docket entries
thereof shall have the same validity and force in
law or equity as if the originals thereof had not

Proviso.

been destroyed or injured by fire; provided how-
ever, that in all proceedings for the restoration of
causes of action or trial papers which cannot be
established to the satisfaction of the Commissioner
aforesaid from the intrinsic evidence within the
office of the said Clerk or from certified office
copies, or by consent of parties, no exparte action
shall bo had by the said Commissioner until after
such notice shall have been served upon the oppo-