The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1877-02-01
AN ACT to aid in supplying lost papers and
records in the county of Franklin and for
other DurDOSes.

AN ACT to aid in supplying lost papers and
records in the county of Franklin and for
other purposes.
StcrIoN l Be it enacted BY the Legislature Of
the State of Mississippi, That in any suit or
proceeding heretofore instituted in any court
of Franklin county, where n any paper or pa
pers on file in such suit proceedings shall
have been burned, lOst mislaid or destroyed,
on or prior to the 10Th day of September, 1876,
upon proof of such loss or destruction to the
satisfaction of the court, such court may order
like paper or papers, or substantially so, to be
substituted in lieu of those lost or destroyed;
and after such substitution the cause shall
proceed a though the original paper or pa
pers was or were on file: this provision to APP
ply to both civil and criminal cases or pro-
| ceedngs.
SEC 2 Be ii further enacted, That any per-
son desiring to avail himself or herself of the
provisions of the first section of this Act, such
| person shall enter on the motion docket of the
court having jurisdiction of the cause, setting
| forth substantially, what is desired, and that
| thereupon the court shall order the clerk, or,
| if the motion is made in vacation, then the
| clerk shall, without order of court, issue
summons returnable to the first term of the
court after its issuance, to be held IN not less
| than thirty DAYS from it's issuance, and di-
| rected to the sheriff or other lawfully authori-
zed officer, to serve the same on all persons
named in said motion, having an interest
| therein to appear al the return term of said
summons, and show cause why the motion
served by the officer to whom it is directed,
| as other legal process is served, and it any
persons in interest are non-resldents of this
| State, then publication or service of process
as to them shall be made as in other cases of
non-residents, and like proceedings shall be
had in the trial Of such motion as in other
cases in said court, as far as applicable, the
persons summoned notified as aforesaid
having three days after the return day of
such process to plead, answer demur or ex-
cept to such motion.
SEC B. BE it further enacted, That papers
substituted herein directed, shall in all re-
spects stand in lieu of the original, and have
all the validity, force and effect of such orig
State in all cases and in such maner as the
original would or could have been.
SEC. f. BE at further enacted, That all deeds,
deeds of trusts, mortgages or other written in
struments necessary or required by law to be
recorded, and which were recorded in said
county on or before the 18th day of September,
S76, and the records of which were burned,
lost or destroyed, on prior to said date,
may again be recorded in the proper office of
said county, and copies of said second record,
authenticated according TO law, shall have
the same legal force and effect as if they
were the copies Of the said original records
and in all 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 record of the same, as
we'll as the original, were burned, lost or de-
| streyed, on or prior to said date, then a sworn
copy ofthe same may be admitted to record
an |, when so admitted, shall have the force
and effect Of the original, being considered
prima facie correct. but not conclusvely so.
SEC. 5. Be it further enacted. Thatin all cases
when original deeds, deeds of trust, mort
cages, or other written instruments which
were recorded or filed for record in said coun-
ty, in the proper office, on prior to the said
date, it shall be lawful for the grantee or other
person interested in the preservation of such
instruments, to make affidavit of the execu-
ton and delivery of the same, which affidavit
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
ticularly describe the real and personal prop
erty conveyed by such instrument. Said aft
davlt shall be substantially in the following
form, to-wit: