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Sixteenth Annual Report of the Archivist of the Hall of Records, FY 1951
Volume 453, Page 52   View pdf image (33K)
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52 SIXTEENTH ANNUAL REPORT

for so reproducing the original, the original may be destroyed in
the regular course of business unless held in a custodial or
fiduciary capacity or unless its preservation is required by law.
Such reproduction, when satisfactorily identified, is as admissible
in evidence as the original itself in any judicial or administra-
tive proceeding whether the original is in existence or not and
an enlargement or facsimile of such reproduction is likewise ad-
missible in evidence if the original reproduction is in existence
and available for inspection under direction of the court. The
introduction of a reproduced record, enlargement or facsimile,
does not preclude admission of the original.

"(b) This section shall be so interpreted and construed as to
effectuate its general purpose of making uniform the law of
those states which enact it."

Your attention is called also to Chapter 37 Acts of 1951. This act
permits the Clerk of the Superior Court of Baltimore City an exemp-
tion from the rule which requires that the original records of a court of
record must be kept permanently. In effect this officer is permitted to
destroy the original Land Records if the Archivist refuses to accept them;
the Archivist, not willing to see any originals destroyed when he has no
control over the character and quality of the photographs, must accept
them until he 'has no more storage space. This bill was sponsored by the
Clerk of the Superior Court and the pertinent section follows:

"619. Whenever, from age or wear, any of the record
books in the keeping of the Clerk of the Superior Court of Bal-
timore City shall be in danger of destruction or obliteration, it
shall be the duty of the Clerk of said Court [, when required so
to do by the Supreme Bench of said City, to renew any such
record book by transcribing the same into new books] to have a
photo copy or photostatic copy made of such record book, which
such reproduction shall have the same legal effect as the original
record. After such reproductidn, the Clerk of said Court shall
offer said original record to the State Archivist and if refused by
said Archivist, the Clerk may destroy such original record after
making and sending a microfilm copy thereof to the State Archiv-
ist The Clerk may pay for the cost of such reproduction and

 

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Sixteenth Annual Report of the Archivist of the Hall of Records, FY 1951
Volume 453, Page 52   View pdf image (33K)
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