The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1877-01-27
AN ACT to aid in supplying lost papers an
records in the county of franklin aud 70

AN ACT to aid in supplying lost papers and
records in the county of Franklin and for
other purposes.
SECTION l BE ii enacted 6y the LEGISLATURE OF
the State Of Mississippi. That in any suit or
proceeding heretofore Instituted in any court
OF franklin county, wherein any paper or pa
pers on file In such suit or proceedings shall
have been burned, lost, mislaid or destroyed,
on prior to the 10Th day of September, 1876,
upon proof of such loss or destruction to the
satisfaction of the court, such court NAV order
like paperO papers or substantially So to be
substituted in lieu of those lost or DESTROYED:
and after such substitution, the cause stall
proceed as though the original paper or pa
pers or were on file: this provision to APP
ply to both civil and criminal cases or pro-
coed ngs.
Seq. Be ii further enacted, That any per-
son desiring to avail himselfor 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 tlArty days from it's issuance, and di-
rectcd 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 at the return term of said
summons, and show cause why the motion
shall not be sustained, which process snail be
served by the officer to whom it is directed,
as other legal process is served, and if any
persons in interest are nOn-residents Of this
State, then publication or service of process
as to them shall be made 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 or notified as aforesaid
having three days after the return day of
such process to plead answer demur or ex-
cept to such motion.
SEC g. Be ii further enacted, That papers
substituted as herein directed, shall in all re-
spects stand in lieu Of the original, and have
all the validity, force and effect of such orig
inal, admitted in evidence in any court In this
State in all cases and in such maner as the
original would or could have been.
SEC. 4. Be 1T 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 before the 10Th day of September,
S76 and the records of which were burned,
lost or destroyed, on or 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
well as the original, were burned, lost or de-
streyed on or prior to said date then sworn
copy ofthe same may be- admitted to record,
an 1, when so admitted shall have the force
and effect of the original, being considered
prinaa facie correct but not conclusively So
SEC s. Be at 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 or prior to 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 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 shal par
ticularly describe the real and personal prop
erty conveyed by such instrument. Said afh-
davit shall be substantially in the following
FORM to-wit: