[HISTORY: Adopted by the Board of County Commissioners of Worcester County 8-25-1981 by Bill No. 81-5 as Title 3 of the General Provisions Article of the 1981 Code. Amendments noted where applicable.]
All deeds of conveyance and mortgages for and upon property in Worcester County which may have been recorded without any certificate of the clerk of any of the courts of this state accompanying the acknowledgment thereof, in cases in which such certificates are necessary and proper, certifying to the official character of the Justice of the Peace taking the same and all deeds of conveyance and mortgages of property in said county which have been recorded in said county without the seal of the notary public before whom the acknowledgment was taken having been first attached when the grantor resided in another state, and the acknowledgment was made in that state, are declared to be valid to all intents and purposes as if such defect and omission did not exist, provided that the execution and acknowledgment of such deeds and mortgages in all other respects conformed to the laws of this state in such cases made and provided, saving, nevertheless, the rights of bona fide purchasers and encumbrancers without notice, and excepting also such as were in suit in courts of law or equity on May 31, 1882.
Records in pursuance of the Act of 1835.
All deeds, papers and documents recorded in pursuance of the Act of 1835, Chapter 279, which provided for making records in place of those destroyed or lost by the burning of the Courthouse of Worcester County shall have the same legal effect to all intents and purposes as the original records or papers would have had if they had not been destroyed or lost.
In all cases where the record of any judgment or decree and the original papers thereto belonging have been destroyed by the burning of the Courthouse as aforesaid, a short copy of such judgment or decree or a copy of the docket entries, under the Seal of the Clerk of the Circuit Court for said county, with a certificate that the record and papers have been destroyed, shall be received in evidence.
A writ of fieri facias or an authenticated copy or record thereof issued on any judgment rendered before the first day of January 1835 shall be prima facie evidence of the judgment therein recited, and it shall not be necessary to produce the original judgment or the record thereof.
Fire of 1893.
In all cases where any of the papers, including bills of complaint, answers, demurrers, pleas, replications, joinder of issue, evidence taken by examiners, trustee's bonds, trustee's reports of sales, auditor's reports and all other papers filed in the proceedings in chancery cases, were destroyed by fire at the burning of the Courthouse in the year 1893, the docket entries in the chancery docket of the Circuit Court of Worcester County shall be received in evidence in all cases by said Court and by any other court of this state with the same conclusive force and effect as if any or all of the original papers in any such chancery case or cases were in existence and actually produced; and the docket entries in the chancery docket of said Circuit Court for Worcester County, certified to, under the Seal of said Court, by the Clerk thereof, shall be received and admitted for all purposes as conclusive evidence of the regularity of the proceedings therein, before any of the judges of this state, in the absence of said chancery docket.
In all chancery cases in said Circuit Court of Worcester County in which the papers were destroyed by said fire and in which the title to real estate is involved and no deed has been executed and delivered to any purchaser or purchasers thereof by any trustee or trustees appointed by said Court, said Court, sitting in equity, is hereby authorized and empowered, upon examination of the docket entries in such case or cases and being satisfied that any such purchaser or purchasers aforesaid have paid or secured the purchase money and are entitled to a deed for such real estate, shall pass an order directing the trustee or trustees in such case or cases to execute and deliver a deed to such purchaser or purchasers, conveying the title to such real estate, which said real estate shall be described in said order; thereupon, such trustee or trustees shall execute and deliver a deed as directed, and said deed or a duly certified copy thereof, together with said order of the Court, shall be evidence of title of such purchaser or purchasers, with the same legal force and effect as if the original papers in such case or cases had not been destroyed by fire and were offered in evidence.
In all cases aforesaid in which the auditor's reports were destroyed by said fire, the Circuit Court aforesaid is hereby authorized to refer said case or cases to the auditor of said Court, who shall make a duplicate or duplicates of said audit or audits, as near as may be, from all the evidence he can obtain, which duplicate or duplicates, when finally ratified by said Court, shall be conclusive upon all the parties interested therein.
All such orders of court, reports of sales, auditor's reports and other papers in such case or cases shall be filed and recorded the same as if such papers were original papers.
Subsection b(1) through (4) hereof shall not apply to any contested case where said Court has not passed any decree or final order relating to the subject under investigation.