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Ibid s c
What done
when original
or certified
copy cannot be
procured.
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145. 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 commissioner, 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 derived from the indexes, re-
mains 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 instru-
ment of writing be fully established, and if satisfied
by such evidence, it shall be the duty of the said
commissioner, if the party or parties grantor shall
supply a new instrument of writing correspondent
to the one destroyed by fire and confirmatory of
the same, to accept such instrument of writing, en-
dorse 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 interest
which were 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-
ing, as the case may be, correspondent to the origi-
nal or the record which was destroyed by fire, then
the said commissioner shall execute, acknowledge
and deliver, in his capacity as commissioner afore-
said, a new and confirmatory deed or instrument of
writing as the case may be, under his hand and
seal, to take the place of the record, deed, paper
or instrument of writing destroyed by fire, and
shall endorse and order the same to be recorded,
which endorsement and record shall secure to the
party or parties interested the same rights, title
and interest which were designated and intended to
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