Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1871-09-09
AN ACT relating to records OF the Courts OF tho
United States.
Approved March .. ISL.
De u enacted by the Senate and Hoiue Of Represent.
atires ofthe United Sdtes Of america IN Con0rsss

De q enacted by Che Srsats and Ho,Is q. Rsprssnt.
aiire ,9ft,he United Stata Of america IN Congress
That whenever the record OF any Judgment or de-
cree. OF other processing OF any judicial court OF 1.-THE
United States shall have been or shall hereafter be
lost or destroyed, any party or person interested
therein may, on application TO such court, and on
showing TO the satisfaction Of such court that tho
same has been lost or destroyed without fault or
neglect Of the party or person making such appllca-
tlOn. obtain an order from such court authorizing
such defect 20 be supplied by a duly certified copyOi
such original record, where the SAME can be oh.
talned. which certified copy shall thereafter have tho
same eject as such original record would have had
Sec. 2. That whenever the loss or destruelion!of
any such record shall have happened or shall here
aner happen, and such defect cannot be supplied as
provided In the next preceding section. any party or
person interested therein may make a written ap-
pllcat!on TO tho court 10 which such record belonged,
verified by affidavit or afhiavits, showing the loss
or destruction thereof, and that certified copies can.
not be obtained by the party or person making such
or destroyed, and that such loss or destruction oc-
Cured without the fault or neglect OF the party or
person making such application. and that the loss or
destruction OF such record, unless supplied, Will or
may result In damage 10 the party or person making
such application. said court shall cause said applica'
ton 10 be entered OF record In said court, and due
notice thereof shall be given by personal service OF
a copy thereof upon each and every person Interest
therein, other than the party or person making such
application. together with written notice that on a
pay certain. not less than sixty days after such ser
vice, said application will be heard by said court;
and IL upon such hearing said court shall be satisfied
that the statements contained In said written nppll.
cation are true. said court shall make an order re.
citing what was the substance and cncot OF said lost
or destroyed record; which order shall be entered Of
record in said court, and have the same effect, sub.
ject 10 Intervening rights. which said original recori
would have had II the SAINT had not been lost or de-
stroyed, 40 far as concerns the party or person max
ing such application. and the persons who shall have
been personally served ~ provided for In this sec.
tIOn.
Sec. 2. That In all causes which have been re-
moved, or shall hereafter be. removed. 10 the Su-
prrme 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 10 be interested therein:
and The copy so filed shall have the same effect as
the original record would have had II the same had
not boon lost or destroyed.