Report of George H. Carman, Clerk of the Circuit Court, for Baltimore County.

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[ Document C. ]

BY THE HOUSE OF DELEGATES,

January 2, 1862.
Bead and ordered to be printed.

REPORT ^

OF

GEOEGE H. CARMAN,

CLERK OF THE CIRCUIT COURT

FOR BALTIMORE COUNTY.

REPORT.

OFFICE OF THE CLERK OF THE CIECUIT COURT
FOR BALTIMORE COUNTY,

-Towsoisr Town, December 31, 1861..

To the Hon. J. Summerfibld Berry,

Speaher of the House of Delegates:

In compliance with an order of the House of Delegates,
passed December 5th, 1861, (a copy of which is hereto annex-
ed,) I beg leave to submit the following

REPORT:

At the time the lire occurred (on the night of the 23d of
August, 1861,) in the Clerk's Office, the Recording Depart-
ment consisted of the following books, viz :

Thirty-two Land Records, H. M. F., No. 1, No. 2, No. 3,
No. 4, No. 5, No. 6, No. 7, No. 8, No. 9, No. 10, No.
11, No. 12, No. 13, No. 14, No. 15, No. 16, No. 17, No. 18,
No. 25, No. 26, No. 27, No. 28, No. 29, No. 30, No. 31,
No. 19, No. 20. a. H. C, No. 21, No. 22, No. 23, No. 24,
and No. 32.

Fifteen Mortgage Records, H. M. F., No. 1, No. 2, No. 3,
No. 4, No. 5, No. 6, No. 7, No. 8, No 9. G. H C, No. 10,
No. 11, No. 12, No. 13, No. 14, and No. 15.

Four Chattel Records, H. M. F., No. 1, No. 2, No 3 a
H. C.,No. 4.

Nine Judicial Records, H. M. F., No. 1, No. 2, No. 3 No
4, No. 5, No. 6, No. 7- G. H. C, No. 8, and No. 9.

LAND RECORDS.
H. M. F., No. 9.
Badly burned to page 377, a considerable portion of the

first part, and nearly all the last part of the book can be made
out, ,

H. M. F.,No. 11.
The binding burned off, and one corner slightly burnt.

H. M. F., No. 12.

Badly burned to page 314, about one-fourth of each page
can be made out, the balance of the book almost entirely de-
stroyed; in some instances one-half, one-third and one-fourth
of each page can be made out.

H. M. r.,lsro. 15.

The back of this book is burned off. Each leaf can be made
out to page 260; from page 260 to page 354, three-fourths of
each leaf can be made out. A portion of the leaves from page
354 to page 374, can partially be made out, and the balance
of the book, say 178 pages, is entirely lost.

H. M. F., No. 16.

Partially burned to page 203, and considerably defaced by
smoke and water from page 203 to page 233 ; some pages of
the burnt portion can be made out in full, and about three-
fourths of each page of the balance can be made out.

H. M. F., No. 17.

Several lines of the whole lower end of this book is burned
off, and the upper corner of about one-half is partially burnt.
About three-fourths of each page of the whole book can be

made out.

H. M. F., No. 18.

Several lines of the whole lower end of this book is burned
off, about four-fi.fths of each page can be made out.

H. M. F., No. 19.

The lower end of this book is burned from page 1 to page
322; one-fourth of each leaf can be made out, and one-fourth
of each page of the balance can be made out.

H. M. F., No. 20.

Several lines of the lower end of this book and a portion of
one of the upper corners is destroyed; about four-fifths of each
page can be made out.

G-. H. C.,No. 21.

Several lines of the lower end of this book is burned off,
about four-fifths of each page can be made out.

The balance of the Land Eecords, viz: H. M. F., Nos. 1,
2, 3, 4, 5, 6, 7, 8, 10, 13 and 14, and G. H. C, Nos. 22, 23,

24, 25, 26, 21, 28, 29, 30, 31 and 32, are good; except where
the covers have been scorched and defaced, and a few pages
in some have been defaced by smoke and water.

MORTGAGE RECORDS.

H. M. F., No. 1,

This book is badly burned, almost entirely destroyed.

H. M. F., No. 2,

The upper end of this book is considerably burned, but
with the exception of about 100 pages in the centre, about
four-fifths of each page can be made out.

H. M. F., No. 4.

Part of the cover burned off; the index partially destroyed.
The balance of the book good.

H. M. F., No. 6.

Considerably burned to page 267, about one-half of each
page can be made out; the balance of the book is not so badly
burned, and nine-tenths of each page can be made out.

H. M. F., No. 7.

Badly burned to page 343, in some instances one-half and
in others one-third of each leaf can be made out; from page
343 to page 460, it is not so badly burned, and nine-tenths
can be made of each page out; the balance of the book is con-
siderably burned, and about one-half or one-tbird of each
page can be made out.

H. M. F., No. 8.

Badly burned to page 300, about one-half of each page can
can be made out; the balance of the book is not so badly
burned, and about eight-tenths of each page be made out.

H. M. F., No. 9.

The upper end of this book partially burned; nearly the
whole book can be made out.

G. H. C, No. 12.

Is considerably burned to page 215, four-fifths or two-thirds
of each page of the burnt portion can be made out; the balance
of the book is good. "-".l

G. H. C, No. 13.
Is considerably burned to page 267, about one-half of each

page of the burnt portion can be made out; the balance of
the book is good.

a. H. C, No. 14.
This book is badly burned, almost entirely destroyed.

G. H. C, No. 15.

This book was about one-half recorded when the fire oc-
curred; it is considerably burned around the edges and back,
nearly everything on each page can be made out.

Mortgage Index, H. M, F., is partially destroyed.

The balance of the Mortgage Records, viz: H. M. F., Nos.
3 and 5, and G. H. C, hos. 10 and 11, are good; except
where the covers have been scorched and defaced, and the
leaves of some of the books have been defaced by smoke and
water.

CHATTEL RECORDS.
H. M. F. No. 1.

Is good to page 142, one corner of the balance (320 pages)
is considerably burned, about nine-tenths of each page of the
burnt portion can be made out.

H. M. F. No. 2.

Is good to page 288, one corner of the balance (about 200
pages) is partially burned, nearly all the book can be made
out.

G. H. C. No. 4.

This book was nearly finished when the fire occured, it is
considerably burned around the edges, and with the excep-
tion of a few pages, the whole book can be made out.

H. M. F. No. 3.
Is good, except a few leaves defaced by smoke and water,

JUDICIAL RECORDS.
H. M. F. No. 2.

Is badly burned at each end, about three-fourths of each
page can be made out.

H. M. F. No. 4.

The lower end of this book is burned, about nine-tenths
(yi €ach page can be made out.

H. M. F. No. 6.

The lower end of this book to page 245 is partially burned,
about nine-tenths of each page can be made out, the balance
(235 pages) is slightly burned and can be made out.

G. H. 0. No. 8.

This book is badly burned, almost entirely destroyed.

G. H. C. No. 9.

This book is burned around the edges, about nine-tenths of
each page can be made out.

The Balance of the Judicial Records, viz: H. M, F. Nos.
1, 3, 5 and 7, are good^ except a few leaves in scvme of the
books, which have been defaced by smoke and water.

DEEDS, MORTGAGES AND CHATTEL PAPERS.

Destroyed before they were recorded. When the fire oc-
cured the

LAND RECORD

Was recorded, to May 1st, 1861.

MORTGAGE RECORD.
Was recorded, to May 11th, 1861.

CHATTEL RECORD.
Was recorded, to April 19th, 1861.

CIVIL DOCKETS.

DOCKET.

From 13th October, 1856^ to 6th December, 1858, is con-
siderably burned on the front edge.

DOCKET. •

From 6th December, 1858, to 4th December, 1860, is con-
siderably burned on one side^ and the balance of the book is
burned on the edge.

DOCKET.

From 4th of December, 1860, to was entirely

destroyed. This was the last Docket.

There were about 258 Deeds, Leases, &c. ; 111 Mortgagetj^
Releases, &c.; and 45 Chattel Papers unrecorded; but few of
these papers are in condition to be recorded; some are partial-
ly and others totally destroyed.

A considerable number of confirmatory papers have been
deposited in the office since the fire, to replace some of the
above papers.

CIVIL TRIAL PAPERS.

The number of trial papers opposite the following letters
have been in some instances partially, in others nearly to-
tally, and in others totally destroyed.

Trial papers are filed alphabetically in the names of the
Plaintiffs.

B.
E.
F.
G.
H.

Papers in 9 cases

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EQUITY PAPERS.

Some of the unsettled Equity papers have been some what
defaced by smoke, and in a few cases the papers have been
partially destroyed.

The order requires me to make an "estimate of the cost of
restoring such as can be restored;" to give anestimate of the
cost of restoring the Court Records, Dockets, &c., it will be
necessary for me to give my opinion :

First, What books can be restored.

Secondly, What books should be recorded or transcribed.

Thirdly, The manner in which the work should be done.

For it is obvious that the cost of doing the work will de-
pend entirely upon the amount done, and the plan that the
Legislature may be pleased to adopt to accomplish it.

It is my opinion that every book which has been in any
way injured by the fire can be restored.

There are at the present time over 1,400 original papers in
the Clerk's Office belonging to the Land and Mortgage Re-
cords of H. M. F.

There are also in the office over 500 original papers belong-
ing to the burnt Land and Mortgage Records of Gt. H. C.

And after a thorougli exaini nation, T am clearly of the
opinion, that but fiew of theorigitml papers belongin^j to any
oi the burnt Land or Mortgage Records, couLl have been de-
stroyed by the fire, the originals have either been delivered
to the grantees, or are at present in the office, and when ever
it should be necessary, I believe that more than nine -tenths
of the originals which have been delivered to the grantees,
can be collected for the pnrj)ose of re recording.

There are a large number of papers in the office belonging
to the Chattel R,ecords; but many of those are partially burnt
but these Records, a.s a general thing can be made orst.

All of the original Chancery papers which have been re-
corded in the Judicial Records are safe; tlie Equity Dockets
are also sale.

The original dockets, the Clerk's Trial DocketS;, and all
the settled papers belonging to the three burnt Civil Dockets
are safe.

The foregoing facts clearly demonstrate that from, the Re-
cords, Dockets, and Papers, present in the possession of the
Clerk, and what can be collected from the owners of original
papers, all tlie burnt Records, Dockets, &c.,can be restored.

In my opinion the following Records, Dockets, should be
re-recorded or transcribed.

Land Records, H. M. F., No. 9. No. 12, No. 15, No. 17,
No. 18, No. 19, No. 20, and G. H. C, No. 21, should be
entirely re-recorded. H. M. F., No. 11, should be rebound,
and a small portion of it re-recorded. H. M. F., No. 16, a
little over one-third of this book should be re-recorded.

Mortgage Records. H. M. F., No. 1, No. 2, No. 6, No. 7,
No. 8, and G. H. C, No. 14, should be entirely re-recorded.
H. M. F., No. 4, should be re-indexed and rebound. H. M.
F., No. 9, one-half should be re-recorded and a portion of the
balance could be interlined. About one-half ol each book of
G. H. C, No. 12, No. 13 and No. 15, should be re-recorded.

Mortgage Index, H. M. F., should be re-made up.

Chattel Records. H. M. F., No. 1, about two-thirds of
this book should be re-recorded. H. M. F., No. 2, the burnt
part of this book could be interlined, G. H. C. , No. 4, should
be entirely re-recorded.

Judicial Records. H. M. F., No. 2, No. 4, and G. H. C,
No. 8 and No. 9, should be entirely re-recorded. H. M. F.,
No. 6, one-half should be re-recorded, the balance could be
interlined.

10

Civil Docket. All three of the Civil Dockets should he
transcribed or re-made up from the papers.

Having stated my views as to the restoration of the Re-
cords, Dockets, &c., and of the books that should be i-e-
recorded and transcribed, I beg leave to say that if the Legis-
lature would adopt some plan to ascertain and decide what
Eecords, Dockets, &c., should be re-recorded or transcribed,
and then authorize the Cierk to re-record, transcribe and
make up the abrn^e named Records, Dockets. &c., from such
portions of said books as liave not been destroyed by tire, or
from the original papers that are at present in his possession,
or which he may hereafter collect from persona to whom they
may have been delivered, and whenever any of the said Re-
cords, Dockets, &c., cannot be completed by this process, to
substitute and record such papers as may be established by a
commission, until the Records, Dockets, &c., are completed ;
the whole cost to the county for reproducing and restoring
the burnt Records, Dockets, &c., will not exceed the sum of
five thousand five hundred dollars-, including the cost of all
books and stationery, the collection of the original papers,
which are in the hands of the grantees, and every other
expense appertaining to this division of the work.

Tliere will be a considerable amount of labor to be per-
formed by a commission, the cost of which will depend
entirely upon the amount of duties the Legislature may
require of it, and the time it will require to perform the same.
If the above plan should be adopted for doing the work, it
%vould be proper and necessar}'- for the commission to examine
the burnt Records, Dockets and papers, and the originals,
which are at present or may hereafter come into the posses-
sion of the Clerk, before the same should be put upon record,
and examine all tire Records and Dockets, during their pro-
gress and aiter they are completed; there are many other
matters which will require the attention of the commission,
such as taking testimony in cases where title papers and
records have both been destroj'ed, in cases where title papers
have been destroyed before they were recorded, and where
Trial and unsettled Equity jiapers have been partially or
totally destroyed. It is not my intention to make an esti-
mate of the cost and expense of a commission, and I will not
attempt to make any suggestions as to its many duties, my
object is only to speak, of it in connection wdth the work for
which I have made an estimate.

Your order also enquires whether the provisions of sections
54 and 55, article 18, of the Code, have been complied with
in this county^ &"c.

I believe that sections 54 and 55, article 18, of the Code,
have never been literally complied wdth, in this office either
by my predecessor or myself.

n

Section 54, provides '*tbat every Clerk after he records any
deed shall, before he delivers the original, carefully and with
accuracy enter the substance of such deed," &c.

Section 55, provides that the entry shall be made on good
royal writing paper, and describes the size of the sheets, &c.;
looking to the fact of the extracts being sent to the Clerk of
the Court of Appeals in sheets or quires.

The rule of the Ofiice has been, to provide Royal Extract
Books, and then extract from the records instead of the origi-
nal papers, and whenever several of the extract books are
completed, to pack the same in a box and forward it to the
Clerk of the Court of Appeals.

While this rule is not literally in compliance with sections
54 and 55, article 18, of the Code, it is obviously better than
to extract from the originals before they sliould be delivered,
from the fact that some original papers are delivered imme-
diately a,fter they are recorded, while others remain in the
Office for many years.

The order also enquires ""'up to what period have trans-
cripts been transmitted." I believe that all the extracts have
been forwarded to the Clerk of the Court of Appeals, to De-
cember 1st, 1857.

There are at present two Extract Books in the Office in
course of completion. One for Deeds, and the other for Mort-
gages, each Extract Book will contain about six Kecord
Books. The Extract Book for Deeds is about one-half com-
pleted, and when finished will contain extracts of all the
Deeds, from December 1st, 1857, to January 31st, 1860.
Except the Deeds lor about five months, which are recorded
in the partially burnt records.

The Mortgage Extract Book will contain all the mortgage
extracts, from December 1st, 1857, to February 1st, 1861.
Both books can be completed in about three months. In con-
nection with this subject, I beg leave to say, that the destruc-
tion of the Office, Records, Dockets, Papers, &c., by the fire
has greatl}^ embarrassed the performance of the regular du-
ties of the Office since that period, and if this interruption
had not occurred, the greater portion of the extracts, would
have been transmitted before this time.

In conclusion permit me to add, that it will at all times
afford me great pleasure, to give to the Honorable Body over
which you preside, or any committee of that Body, any in-
formation that I possess, which will be in anyway calculated
to assist in the restoration of the burnt Records, Dockets and
Papers of this Office. *

Very respectfully,

Your obedient servant,

G-EO. H. Carman,
Clerk Circuit Court for Baltimore County.

[copy.]

By the House of Delegates,

December 5th, 1861.

Ordered, That the Clerk of the Circuit Court for Baltimore
county, rej)ort to this Hon.se, on or beibre the first day of the
next annual session, the extent of the injury done to the Re-
cords, Dockets, Trials and Chancery and other original pa-
pers in his office by fire; discriminating in said report such
as are partially burnt and mutilated, and such as are totally
lost and destroyed; and, also, his estimate of the cost of re-
storing such as can be restored.

Ordered further, That the said clerk report whether the
provisions of section 54 and 55, article 18 of the Public G-en-
eral Laws of the Maryland Code, requiring transcripts of all
Deeds recorded in the county courts to be transmitted for re-
cord to the Court of Appeals has been complied with in said
county, and if so, up to what period such transcripts have
been so transmitted.

By order,

T. Snowden Thomas,

Chief Clerk.

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