Warfield v. County Commissioners

Miller, J., delivered the opinion of this Court. We have no difficulty in affirming the order' appealed from in this case. The appellant applied for a mandamun to compel the appellees to pay him a sum of money alleged to be in their hands, and due him as commissioner under the Act of 1865, ch. 146, entitled “an Act to provide for the completion of the restoration of the records and papers, destroyed or injured by fife, in the office of the clerk of the Circuit Court for Baltimore county,” and the only question wo have to consider arises upon the construction of this law. Looking to the body of the Act, without reference to its title or the repetition of the title in the commissioner’s oath, we find its object w*as to complete the work of restoring the burnt and injured records and papers in that office, which had been begun under the provisions of previous laws, all of which inconsistent therewith wore thereby repealed.

The first section appoints the appellant “ commissioner of records for the purpose of restoring and re-establishing such of the records and papers, dockets and indexes in the said office, as have been either wholly or partially destroyed by fire,” and provides that he shall before he enters upon the discharge of his duties, take an oath “ that he will well and truly execute and perform the duties prescribed and required to be performed by me as commissioner under the Act entitled,” &c., setting forth the title. Subsequent sections define his1 powers and pi’escribe his duties. Ho is clothed with, power to summon parties interested and witnesses, and to impose fines for their non-attendance. The mode of restoration — what shall be done and by what evidence any record or paper wholly or partially destroyed shall be replaced- — is then particularly specified.

Rules for each class of cases, that is, for the restoration of records, of deeds, of dockets, of judicial records, and of papers in any case at law or in equity pending or settled, when injured or partially or wholly destroyed, are established. He has power in certain cases to execute and record new and confirmatory deeds, and in case of dispute on ⁸² any issue before him, an appeal from his order to the Circuit Judge, is'given. Section 16 then enacts that he “shall be allowed for his services as commissioner, for restoring and completing the restoration of all the burnt records and papers as indicated in this Act, and recording and indexing and filing papers relating to .his qffice, the sum of two thousand dollars,” and that he shall monthly on oath, present his accounts for settlement 1 o the county commissioners. Section 17 directs the county commissioners “to pay to said commissioner the amount due him monthly when it is proved by his own affidavit, and when said amount does not exceed one dollar and fifty cents for each paper restored and recorded according to the provisions of this Act and is not in the judgment of the county commissioners mere than a proportional part of the whole work agreed to be done by said commissioner,” and “ for the purpose of providing the means of carrying out the provisions of this Act” the county commissioners are authorized and directed to levy upon the taxable property of the county for the year 1865 the sum of $2000.

Section 18 provides for filling the vacancy “in the event of the death, resignation, or disability of said commissioner.” And Section 19 provides “that the whole time occupied in the execution of this commission shall not exceed one year.” The appellant took the oath of office, entered upon the performance of his duties and continued therein for one year, when, the work of restoration being still incomplete, he was interrupted by the clerk of the county who resumed the control and custody of the records and books. During the year he restored 651 papers and was paid therefor by the appellees the sum of $976.50, on his accounts from time to time presented and sworn to. He now claims the balance of the $2000. We see no ground on which this claim can be supported.

From the whole body of the Act, and especially the 16th, 17th and 19th sections we think the intention is plain: ⁸³ 1st. That this commissioner should not act under his commission or hold his office for a longer time than one year, and that the sum to be paid him should not in any event exceed $2000. 2d. That this whole sum of $2000 might be paid him for his services at any time within the year, but only when ho had in the manner and by the means provided in the Act completed the restoration of all the burnt papers and records. The law no where says he shall receive $2000 for one year’s services under the Act, and to give it such a construction would be doing violence to the plain import of the language of the