1831.

LAWS OF MARYLAND.

CHAP. 175.

eighteen hundred and six, chapter ninety, where the courses,
metes and bounds, are described in such deed, and not

Confirmed.

otherwise; which said extracts, made out, transmitted and
bound in the same manner as is directed by the law of De-
cember session, eighteen hundred and twenty-six, entitled,
A supplement to the act entitled, an act to aid conveyances
of land improperly enrolled, and for other purposes, chapter
two hundred and twenty-six, shall have the same effect and
operation in law, as other extracts regularly transmitted
under said law.

Bills of sale, mort
gages &c to be re-
enrolled.

Sec. 5. And be it enacted. That any person or persons
having possession of any bill of sale, mortgage or other
instruments of writing, relating to personal property, that
appears to have been heretofore recorded in Saint Mary's
county, and the record thereof has been destroyed, may
have the same enrolled again, and the clerk of Saint Mary's
county court is hereby required to record the same, to-
gether with the endorsement thereon of the former enroll-
ment, in the record book aforesaid, at the cost and expense

Made valid.

of the party or parties requiring the same, and the same,
when so recorded, shall have the same effect and operation
in law, to all intents and purposes, as if the records afore-
said, in which the said papers were heretofore recorded,
had never been destroyed.

Testimony as to
validity.

Sec. 6. And be it enacted, That any person or persons
claiming any right to any personal property, by virtue of
any instrument of writing, which had been recorded in the
county aforesaid, and which, with the records thereof, has
been destroyed, shall and may, upon application to any tme
of the commissioners appointed under and by virtue of the
act of assembly, passed at December session, eighteen hun-
dred and twenty-eight, entitled, an act to provide for taking
testimony in civil cases, in the county aforesaid, proceed to
take such testimony as the nature of the case will admit
of, to establish the existence and validity of any instrument
of writing, so as aforesaid recorded and destroyed, and the
right of property there mentioned.and the said commis-
sioners before he proceed to take testimony in the case,

HoUce required.

shall give twenty days notice, by advertisement, to be set
up at the court house door of the county aforesaid, of the
time and place, of his intention to take the testimony on the
application aforesaid, and shall also give notice to any per-
son or persons that may appear to be interested in the issue
of the subject matter before him, and the said commissioners

Return proceed-
ing.
Record thereof

shall make return of his proceedings to the clerk of Saint
Mary's county, who shall record the same, as directed by
the said act of assembly, in the record book aforesaid, at
the expense and cost of the party requiring the same, and