The Daily clarion., 1877-01-19
| by both. ar tn discretion of the court
| SEC. 8 Be IL further enacted That this Act
| he In force from and after its passage.
APPROVED, January 49, 1871

AN ACT to aid in supplying lost papers and
records IN tue county of Franklin and FOR
other purposes.
SleTloN Bel enacted By he Legislature II
the STATE Of Mississippi. That IN any snit OF
proceeding heretofore instituted in amy CONT
of Franklin county, where n ans raper or ua-
pers on hle In such suit Or proceedings shall
have been burned, loss mislaid or des roved
on or prior TO tho 10Th day of Septembe 1876
upon pre- of such less or dest uctjon TO Tho
satisfaction OF the court, such court may order
like paperor papers, or substantially So 10 b.,
substituted in lieu of those lost or des,royed.
and after such substitution, the cause ali
proceed rs though the original paper or pa
pers was or were on file; this provision To D.
ply to both civil and criminal cases pro-
ceedings.
SEC 2. Be IL further enocted That any per-
son desiring to avail himsefor herself of the
provisions of the first section of this Act, such
person shall enter on the molten 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
II the motion Is made in vacation, then the
clerk shall, without order of court issue a
summons returnable to the first term of the
court after its issuance, TO be held in not less
than thirty days from its 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 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 ii any
persons in interest are non-residents of this
State, then publication or service of process
as TO them shall be made as in other eases of
non-residents, and like proceedings shall be
had in the trial of such motion as in other
cases in said court, as far 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.
Sc. 3. lie it further enacted, That papers
substituted as herein directed, shall in ali 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. f. BE 1t further enacted That all deeds,
deeds of trusts, mortgages or other written IN
struments necessary required by law to be
recorded, and which were recorded in said
county on or before the 10Th day of September,
1876 and the records of which were burned,
lost or destroyed, 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
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 orig inal, were burned, lost or de
streyed, prior to said date, then sworn
copy the same may be admitted to record,
an /, when admitted, shall have the force
and effect of the original, being considered
prima tdcie correct. but not conclusively So
SEC. 5. Be 1t 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
to make an affidavit of the execu-
ton and delivery of the same, which affidavit
shall state the date as near possible of its
execution, by and to whom made, for what
for what purpose, and shall par
ticularly describe the real and personal prop
erty conveyed by such instrument. Said aifi-
davit shall be substantially III the following
form to-wit:
THE STATE OE