298

LAWS OF MARYLAND.

such dockets shall have been made up the Com-
missioners shall certify the same under his hand
and seal to the Judge of the Circuit Court, and it
shall be the duty of the said Judge to examjne
such renewed docket or dockets as the case may be,
and if found correct, to adopt the same as the
docket of the court, and the said Judge shall
signify such adoption by a certificate in writing
upop each of such dockets, and such renewed
dockets shall be as valid and effectual in law as
the original dockets would have been had they
not been destroyed or in any way injured by fire.

Refiled paper
to have vali-
dity.

Sec. 11. And be it enacted, That when any cause
of action or trial paper in any case, whether pend-
ing or settled, at law or in equity, may have been
wholly or partially destroyed by fire, the said
Commissioner is hereby authorised to cause the
same to be restored or re-established by consent of
parties, if so proposed, or by such evidence as may
be supplied from the remains of burnt papers or
dockets or other papers in the office, and if such
evidence shall be sufficient in his judgment, he
shall refile such paper or papers and cause the
proper docket entry or entries to be made thereof,
and such refiled paper and docket entry 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 can-
not be sufficiently established in the manner herein
above prescribed, it shall be the duty of the said
Commissioner to hear extrinsic evidence touching
the re-establishment of such paper, and if satisfied
upon such evidence that such paper is fully re-
established, refile such paper, and make the corres-
ponding docket entries thereto, in conformity to
the order passed in the premises, and such refiled
paper and docket entries thereof shall have the
same validity and force in law or equity as if the
original thereof had not been destroyed or injured

Proviso.

by fire; provided, however, that in all proceedings
for the restoration of causes of action or trial
papers, which cannot be established to the satis-
faction of the said Commissioner from the intrinsic
evidence within the office of the said Clerk or from
certified office copies, or by consent of parties, no
ex-parte action shall be had by the said Commis-
sioner until after such notice shall have been served
upon the opposite party, or his or their counsel or