The Albany register. [volume] (Albany, Or.) 1868-18??, 1871-04-22
AM ACT relating to recods of the courts
of the United States.

AM ACT relating to recods of the courts
of the United States.
Be it enactnd By the Senate and House
of Representatives. Of the United States of
Amkrica in Congress assembled,
That whenever the record of any jndg
ment, or decree, or other proceeding of
any judicial court of the United States
shall have been or shall hereafter be
lost or destroyed, and party or person
interested therein may, on application
to euch court, aud 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 max.
ing such application, obtain an order
from such court authorizing such de-
feet to be supplied by a duly certified
copy of such original record, where the
same eau be obfained, which certified
copy shall thereafter have the same ef-
feet as such original record would have
had in all respects.
SEC. Q. That whenever the loss or
destruction of any such record shall
have happened, or shall hereafter haps
pen, and such defect cannot be supple d
as provided in the next preceding Sec
tien, any party or person interested
therein may make u written application
to the court to which such record be-
longed, verified by affidavit or affi 3avits
showing the loss or destruction thereof
cannot be obtained by the party or per.
son making such application, and the
substance of the record go lost or des-
truction occurred without the fault OF
neglect of the party or person making
such application, and that the loss OF
destruction of such record, unless sup.
| plication, and that the loss or destruc-
| tion of such record, unless supplied
will or may result In damage to the
party or person making such applica-
| ton, said court shall cause said appli
| cation to be entered of record in said
| court, aud due notice thereof shalt bt
given by personal service of a copy
thereof upon each and every person in.
| terested therein. other than the party ol
person making such application, TO-
! gether with written notice that on 6
day certain, not less than sixty days
after such service, sa,d application will
be heard by said court; and if upon
snch hearing said court shall be satis'
| fed that the statements contained il
said written application are true, said
| court shall make an order reciting what
4
or destroyed record which order shai
be entered of record in said court, and
have the same effect, subject &c inter
vening rights, which said original re-
cord would have had it the same haG
not been lost or destroyed, so far al
concerns the party or person makins
such application and the persons whe
shall have been personally surved al
provided for in this section.
REC. 8. That in all causes which have
been removed, or shall hereafter be re
moved, to the Supreme Court Of tn,
United- States, q duly certified copy o
the record of such cause remaining Il
the said Supreme Court may be filed il
the court from which said cause VA
removed, on motion of any party o.
person claiming to be interested therin
aud the copy so filed shall have th
same effect as the origional record woul,
have had if the same had not been los
or destroyed.
4 Approved, March 3, 1871.