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Session Laws, 1865
Volume 530, Page 237   View pdf image
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A. W. BRADFORD, ESQUIRE, GOVERNOR.

237

Sec. 8. And be it enacted. That in all cases
where the records have been only partially de-
stoyed or injured by fire, so that they may be
restored by their own intrinsic evidence, or by the
aid of other evidence accessible to the said Com-
missioner, it shall be the duty of the said Com-
missioner to cause the said records to be restored
to their original condition, and to be recorded
anew, and for the purpose of preserving the said
records as continuously together as they were be-
fore being burnt, the said Commissioner is hereby
authorized, if he see fit, to cause the binding of
any of the record books to be removed, so that the
folios may be separated, the burnt portions de-
tached, and the new record thereof and corres-
ponding thereto, be substituted in the place of
said burnt part, and to have the said record book
thus restored to its original condition, re-bouna,
and a certificate to that effect recorded therein,

In case re-
cord is only
partially de-
stroyed

Sec. 9. And be it enacted, That in all cases
wherein process may be issued to summons parties
before the said Commissioner, which shall be re-
turned 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
alleged to have been destoyed or injured by fire,
which shall in anywise have the effect to impair
or interfere with the rights of third parties not
appearing to or contesting any issue before the
said Commissioner, and any party to any issue or
examination had before said Commissioner, shall
have the right at any time within thirty days to
appeal from any order passed by him to the cir-
cuit Judge for said county, and the said Commis-
sioner shall be and he is hereby required to carry
into effect the order of the said Judge, in the
premises.

Final order
not to pass

Sec 10. And be it enacted, That when any
docket shall have been wholly or partially de-
stroyed 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

Renewed dock-
ets to be effec-
tual in law



 
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Session Laws, 1865
Volume 530, Page 237   View pdf image
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