New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-26
GENERAL NATURE-No. 43 I
AN ACT relating to records of the court
of the United States

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 Judgment, 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 such 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
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. .. 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
atfidavits, 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
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-
son interested therein, other than the party
or person making such application, together
with written notice that on 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. 8 That in all causes which have
been removed, or shall hereafter be 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
NAV 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.