A. W. BRADFORD, ESQUIRE, GOVERNOR.

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 their judgment, he
shall certify such Restored or re-established cause
of action or trial paper to the Clerk of the Circuit
Court for said county, who shall re file such paper
or papers and cause the proper docket entry or
entries to be made thereof, and such re-filed paper
and docket entry shall have the same validity and
effect, as if the orignal paper had not been destroy-
ed or injured by fire; and in case any cause of
action or trial paper cannot be sufficiently estab-
lished 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 shall, if satisfied upon such evi-
dence that, such paper is fully re-established, cer-
tify such restored or renewed cause of action or
trial paper to the Clerk of the Circuit Court for
said county, who shall re-file such paper, and
make the corresponding docket entries thereto, in
conformity to the order passed in the premises,
and such re-filed paper and docket entries thereof
shall have the same validity and force in law or
equity as if the originals thereof had not been de-

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stroyed 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 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
Commissioner until after such notice shall have
been served upon the opposite party, or his or their
attorney on the record, according to such rules as
the said Commissioner may prescribe, and from
any judgment or order past by said Commissoner
under the authority conferred by this act either
party may appeal to the circuit Judge for the
county within thirty days after the passage of such
order or judgment; and in all cases of appeal, it
shall be the duty of the said Commissioner to cer-
tify to said Judge the record of all proceedings
and evidence had before him in the matter, and
appeal may be considered and determined by said
Judge in or out of Court, at his election, and ac-

Proviso.