ART. 3.] BALTIMORE COUNTY.

been had they not been destroyed or in any way
injured by fire.

371

149. When any cause of action or trial paper in
any case, whether pending 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 parties if so proposed, or by such evi-
dence 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-establishment of such paper, and if
satisfied upon such evidence that suck 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 en-
tries thereof shall have the same validity and force
in law or equity as if the originals thereof had not

Ibid s 10.
Causes of ac-
tion and trial
papers.

been destroyed or injured by fire ; provided, however,
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 be had by the said
commissioner until after such notice shall have been

Proviso.