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If certified
copy cannot be
procured.
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Sec. 7. And be it enacted, That in all cases
where any record or paper shall be wholly de-
stroyed by fire, and the original or certified copy
thereof cannot be procured, it shall be the duty of
the Commissioner, if the said record be found in-
dexed, to hear and receive such other evidence, if
any there be within the record office, either to be
derived from the remains of the burnt record or
otherwise, and such extrinsic evidence as the par-
ties interested may supply, and shall determine
and adjudge in the premises, whether the said
record or paper be fully established, and if satis-
fied by such evidence, it shall be his duty, if the
party or parties grantor shall supply a new instru-
ment, correspondent to the one destroyed by fire,
and confirmatory of the same, to accept such in-
strument, and to order and direct the same to be
recorded, with an endorsement thereon of said
order, which record and endorsement shall secure
to the party or parties concerned, all the rights,
title and interest which was designed and intended
to be vested by the original paper or instrument
of writing, as fully as if the record thereof had
not been destroyed by fire, but if for any reason,
the grantor or grantors should not supply a new
or confirmatory deed or other instrument of
writing, as the case may be, corresponding with
the one destroyed by fire, then the said Commis-
sioner shall execute and deliver in his capacity of
Commissioner, a new and confirmatory deed or
instrument of writing, under his hand and seal,
properly acknowledged, to take the place of the
record destroyed by fire, and shall order and di-
rect the same to be recorded, after endorsement,
which shall secure to the party or parties inter-
ested, the same rights title, and interest which was
designed and intended to be vested by the original
paper or instrument of writing and record thereof,
as fully and effectually as if the record had not
been destroyed by fire.
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