§ 5-15-2-7 — Reference of complaint to master commissioner; proceedings

Whenever any complaint is filed in any court for
the reinstatement of any record, bond, execution, order of sale or other
writ, or the returns thereon, or any other paper or part thereof, as above
provided, the court may, on its own motion, or upon application of
either party, refer to a master commissioner for examination and
hearing all the evidence, written and oral, in such case; and such master
commissioner shall hear such evidence as in other cases, and shall
make a full and complete report thereof to the court, and shall also
report to the court, in form, such record, bond, execution, order of sale
or other writ, or the returns thereon, or any other paper or part thereof
sought to be reinstated, and the court, if it finds the forms so reported
to be substantially correct, as shown by the evidence reported, shall
order the same reinstated accordingly; and when so entered of record
by the court, it shall have the same force and effect as the original
would have had if the same had not been lost or destroyed; or such
court may, from the report of such master commissioner, find,
determine and say what such original or part thereof was before its loss
or destruction, and shall order the same reinstated; and when so
reinstated, it shall have the same force and effect as the original would
have had if the same had not been lost or destroyed. Which report of
master commissioner, and the finding and judgment of the court
thereon, shall be governed by the same practice as in other civil cases.
Before such master commissioner shall proceed to hear and examine
the evidence in any case referred to him, he shall give the parties
thereto reasonable notice of the time and place of hearing the same.
Said master commissioner shall have power to issue writs of subpoena,
which writs and other notices shall be served by the sheriff, administer
oaths, require the production of all writings, records, or parts of
records, papers, memoranda or exhibits in any case referred to him; and
he shall report to the court, for punishment for contempt, any person for
failure to appear before him, on due and sufficient notice, to give
testimony or to furnish any writing, record or part of record, paper,
memorandum or exhibit that may be required in evidence in any case
so referred. Such master commissioner shall be allowed by the court for
his services, reasonable compensation, to be taxed and paid as the court
may direct.
Formerly: Acts 1881, c.30, s.7.