New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-25
GENERAL NATURE-No. 43 !

AN ACT relating to records of the courts
of the United States.
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That when
ever the record of any udgment, or decree,
or other proceeding of any judicial court of
the United States snail have been or shall
hereafter be lost or destroyed, any party or
person interested therein may, on applica-
ton to srch court, and on showing to the
satisfaction of such court that the same has
been lost or destroyed without fault or
neglect of the party or person making such
application. obtain an order from such court
authorizing such defect to be supplied by a
duly certified copy of such original record,
where the same can be obtained. which GER
titled copy shall thereafter have the same
effect as such original record would have
had in all respects.
SEC 2 That whenever the loss or destruc-
ton of any such record shall have hap
pened, or shall hereafter happen, and such
defect can not be supplied as provided in
the next preceding section, any party or
person interested therein may make writ
ten application to the court to which such
record belonged, verified by affidavit or
atidavits, showing the loss or destruction
thereof. and that certified copies thereof
can not be obtained by the party or person
making such application, and the substance
of the record so lost or destroyed, and that
such loss or destruction occurred without
the fault or neglect of the party or person
making such application, and that the loss
or destruction of such record. unless sup
piled, will or may result in damage to the
party or person making such application,
said court shall cause SAID application to be
entered of record in said court, and due
notice thereof shall be given by personal
service thereof upon each and every per-
sou interested therein, other than the party
or person making such application, together
with written notice that on a day certain,
not less than sixty days after such service,
said application will be heard by said court:
and if upon such hearing said court shall be
satisfied that the statements contained in
said written application are true, said court
shall make an order reciting what was the
substance and effect of said lost or destroyed |
record: which order shall be entered of |
record in said court, and have the same |
effect, subject to intervening rights which |
said original record would have had if the |
same had not been lost or destroyed. so far |
as concerns the party or person making |
such application and the persons who shall
have been personally served as provided |
for in this section.
SEC. g. That in all causes which have |
been removed, or shall hereafter he removed |
to the Supreme Court of the United States, |
a duly certified copy of the record of such |
cause remaining in the said Supreme Court |
may be filed in the court from which |
said cause was removed, on motion of |
any party or person claiming to be inter |
ested therein; and the copy so filed shall |
have the same effect as the original record |
would have had if the same had not been |
lost or destroyed.
Approved, March 3, 1871.