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Ibid, s 8.
When process
is returned
non est.
Notice.
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147. In all cases wherein process may be issued to
summon parties before 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 al-
leged 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 ap-
pearing to or contesting any issue before the said
commissioner, and any party to any issue or exam-
ination had before said commissioner shall have the
right at any time within thirty days to appeal from
any order passed by said commissioner to the judge
of the circuit court for said county, and the said
commissioner is hereby required to carry into effect
the order of the said judge in the premises.
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Ibid s 1
Dockets, how
made anew
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148. 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 hand
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 writ-
ing upon each of such dockets, and such renewed
docket or dockets shall be as valid and effectual in
law as the original docket or dockets would have
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