The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1877-03-14

5p- Of
Pr court Of said county, 1916
SECTION l. Be tt enacted By tie Legislature
tIe. state If Mississippi That any suit
q ,r,caeding heretofore instituted in any court
u fEauton county. wherein any paper or paDera
VI file in said suit or proceeding shall have bees
Ja.troved during the September term of TIM
a:,.nit court, 1876, upon proof of such burning
obstruction, to the satisfaction of the court,
o,cb court may order such paper or papers to
=, snbstjtuted in lieu of those lost or DESTROYED
vi after such substitution, the cause shall pro
4sal AZ though the original paper or papers
"a. on file: this provision to apply to both
I'll and criminal cases or proceedings
Src 9 BE II further eHncte3, That any
.oo or persons desiring to avail themselves
II tba provisions Of the first section of this Act
,.h parson or persons shall enter on the mo-
:,o docket Of the court having jurisdistion of
La cause setting forth what is desired, and shall
Gle with said motion the paper or papers pro
,asad 70 be substituted by him; pr0yided, said
lion shall be made and papers filed within
aoa wear next after the passage of this Act;
and thereupon, the court shall order the
Lark or if the motion is made in vacation then
III clerk shall, without order Of the court, issue
-,r,a,ons rettrnable to the first term of the
c,,rf after its issuance, to be held in not less
4b,n thirty DAYS from its issuance and directed to
,ba sheriff or other lawfully authorized officer,
"a the same Oh al persons Named IN SdlU
notion. having an interest therein, TO appear
a. the return term Of said summons, and show
.,usa why the motion shall not be sustained :
which process shall be served by the officer to
whom il is directed as other legal process is
.erved; and if any persons in interest are non
resi- Tents of this State, then publication or ser
vice of process IS to them shall be made, as In
othar cases of non residents and like pro
caejino shall be had in the trial of such motion
As in other cases in said court as far apphca
ble TO the persons summoned or notified as
aforesaid having three days after the return day
of such process to plead, answer, demur or ex-
rept to such motion
SIC. 8 Be Il further enacted That papers
substituted as herein directed, shall in all re
spects stand in lieu Of the original and have
ali the validity, force and effect of such origi-
nal admitted in evidence in any court in this
State, in all cases, and in such manner as the
original would or could have been.
SIC /. Be Il further eaacte3, That all deeds,
deeds of trust, mortgages, or other written in
struments necessary or required by law, TO be
recorded, and which were recorded, in said
county. and which were destroyed by fire
at the September term of the circuit court,
1915, of said county, may be again recorded
in the proper office of said county. and
copies Of said second record, authenticated ac-
coring 10 law, shall have the same force and
effect as if they were the copies of said origi-
nal records, and i'll al cases where deeds, deeds
OF trust. mortgages or other written instruments
which had been recorded in any OF the offices
Of said county, and the records of the same,
well as the original were burned, lost or de-
str0yed. on or about said date, then a sworn
copy Of the same shall be admitted to record,
AM when so admitted, shall have the force and
effect II the original, being considered prima
t;tets corr act, but not cOnclusiyely so.
SEC 5. Be It .further enacted, That in all
of t,,JI-t
mortgages or otter written instruments
which were recorded or filed for record in said
county, in the proper Office on or about the
said date, it shall be lawful for the grantee or
other person interested in the preservation OF
such Instruments to make an affidavit OF the
execution and delivery of the same, which @ni-
dayit shall state the date as near as possible OF
its execution, by and to whom made, for what
consideration, for what purpose, and shall par
ticuarly describe the real and personal proper
ny conveyed by such instrument; said affidavit
shall be substantially in the following form,
namely:
THE STATE OF MISSISSIPPI, !
COUNTY OF - !