338

LAWS OF MARYLAND.

to be restored or re-established by consent of par-
ties if so proposed, or by such evidence as may be
supplied from the remains of burnt papers or dock-
ets, or other papers in the office, and if such evidence
shall be sufficient in their judgment, they shall cer-
tify such restored or re-established cause of action
or trial paper to the, Clerk of the Circuit Court for
said county, who 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 pa-
per, cannot be sufficiently established in the man-
ner herein above prescribed, it shall be the duty of
the said Commissioners to hear extrinsic evidence
touching the re-establishment of such paper, and
shall, if satisfied upon such evidence, that such
paper is fully re-established, certify such restored
or renewed cause of action or trial paper to the
Clerk of the Circuit Court for said county, who
shall refile such paper and make the corresponding
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 originals there-

Proviso.

of had not been destroyed or injured by fire ; pro-
vided, however, that in all proceedings for the re-
storation of causes of action or trial papers which
cannot be established to the satisfaction of the com-
missioners, from the intrinsic evidence within the
office of the said Clerk, or from certified office co-
pies, or by consent of parties, no ex-parte action
shall be had by the said Commissioners, until after
such notice shall have been served upon the oppo-
site party, or his or their attorney on the record,
according to such rules as the said Commissioners
may prescribe, and from any judgment or order
passed by said Commissioners, under the authority
conferred by this act, either party may appeal to
the Circuit Judge for the county within thirty days
after the passing of such order or judgment ; and-
in all cases of appeal, it shall be the duty of the
said Commissioners to certify to said Judge, the
record of all proceedings and evidence had before
them in the matter, and appeal may be considered
and determined by said Judge in or out of court,