New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-06-15
GENERAL NATURE-No. 43.

lUENERAL NATURE-NO. 43.
AN ACT relating to records of the cours
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 deere
or other proceeding of any judicial courtd
the United States shall have been or shall
hereafter be lost or destroyed, any partyG
person interested therein may, on applica
ton to such court, and on showing to ths
| satisfaction of such court that the same hG
been lost or destroyed without fault d
neglect OF the party or person making sud
application, obtain an order from such couk
authorizing such defect to be supplied bys
duly certified copy of such original record
where the same can be obtained. which Ger
titled copy shall thereafter have the sam
enect as such original record would haV
had in all respects
SEC. =. That whenever the loss or destrGe
tlon OF any such record shall have hap
pened, or shall hereafter happen. and such
de1ect can not be supplied as provided in
the next preceding section, any partyOr
person interested therein may make a writ
ten application to the court to which such
record belonged, verified by affidavit Or
afhdavlts, showing the loss or destruction
thefeof, 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 los;
or destruction of such record, unless sup
plled, Will or may result in damage to the
party or person making such application,
SAID court shall cause sand 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
OF person making such application, together
Win written notice that on a day certain,
not less than sixty days after such service,
SAID application will be heard by said court
ana II upon such hearing said court shall be
satlshed that the statements contained in
SAID written application are true, said court
snail 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
eHect, subject to intervening rights which
said original record would have had if the
same had not been lost or DESTROYED. so fa
as concerns the party or person making
such application and the persons who shall
have been personally served as provided
for in this section.
Z, SEC. .. That in all causes which have
been removed, or shall hereafter be removed
TO the supreme Court of the United States
uuiy certified copy of the record of sucn
cause remaining in the said Supreme Court
may DE hled in the court from which
sara cause was removed, on motion Oh
any party or person claiming to be inter,
9sted therein; and the copy so filed shall
nave the same effect as the original record
would have had if the same had not been
ost or destroyed.
Approved, March 3, 1871.