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Session Laws, 1862
Volume 532, Page 337   View pdf image (33K)
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A. W. BRADFORD, ESQUIRE, GOVERNOR.

dition, rebound and a certificate to that effect re-
corded therein.

337

Sec. 8. And be it enacted, That in all cases
wherein process may be issued to summon parties
before the Commissioners which shall be returned
non est, no final order shall be passed in the pre-
mises until public notice shall have been first given
in some one of the newspapers 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 be 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 Commissioners,
and any party to any issue or examination had be-

Final orders
upon records
or papers.

fore said Commissioners, shall have the right, at
any time within thirty days, of appeal from any
order passed by them to the Circuit Judge for said
county, and the said Commissioners shall be and
they are hereby required to carry into effect the
order of the said Judge in the premises.

Appeals.

Sec. 9. And be it enacted, That when any docket
shall have been wholly or partially destroyed by
fire, the said Commissioners shall cause the same
to be made up anew from the trial papers, auxili-
ary 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 such
dockets shall have been made up, the said Com-
missioners shall certify the same, under their
hands and seals, to the Judge of the Circuit
Court, and it shall be the duty of the said Judge
to examine such renewed docket or dockets, as the
case may be, and if found to be correct, to adopt
the same as the dockets of the court, and the said
Judge shall signify such adoption by a certificate,
in writing, upon 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.

Dockets de-
stroyed — Com-
missioners re-
quired to cause
same to be
made up anew,
&c.

Sec. 10. 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 Com-
missioners are hereby authorized to cause the same

43

Final papers,
&c., destroyed
— their resto-
ration prori-
ded for.



 
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Session Laws, 1862
Volume 532, Page 337   View pdf image (33K)
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