ART. 3. ] BALTIMORE COUNTY. 17

cient in his judgment, he shall refile such paper or papers and
cause the proper docket entry or entries to be made thereof, and
such refiled paper and docket entry 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
extrinsic evidence touching the re establishment of such paper,
and if satisfied upon such evidence that such paper is fully re-
established, 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
original thereof had not been destroyed or injured by fire; pro-
vided, however, that in all proceedings for the restoration of
causes of action or trial papers, which cannot be established to
the satisfaction of the said commissioner from the intrinsic evi-
dence within the office of the said clerk or from certified office
copies, or by consent of parties, no ex-parte action shall be had
by the said commissioner until after such notice shall have been
served upon the opposite party, or his or their counsel or attor-
ney on the record according to such rules as the commissioner
may prescribe, and from any judgment or order passed by said
commissioner under the authority conferred by this act, either
party may appeal to the circuit judge for the county, within
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 certify to said judge the record of all proceedings and evi-
dence had before him in the matter, and appeal may be con-
sidered and determined by said judge in or out of court at his
election, and according to such rule or practice as he may
prescribe.

16. The judicial records which may have been wholly or
partially destroyed by fire, shall be enquired into and restored
by the said commissioner upon proper evidence in the same
manner as prescribed 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 commissioner,
who shall refile or re-record the same as the case may bo.