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

illustrators, executors and guardians who's,
bonds as such were DESTROYED as azores aid
shal, within sixty days after he passare of thi
Act execute new bonds in the same penalty a.
original bonds, AMI the sureties therein shall
be responsible for all the acts of such executor
administrator or guardian from the grant of let
! tiers originally
/ SEC. s. BE Il further eauctea That anv per
+ son being party to, or interested in any indo
ment decree or order of any court in said New
ton county, which judgment, decree or order
was destroyed by fire in Sthe burning of the
court house aforesaid, may have the same rein.
stated, or substituted upon and restored to the
records of the court in which the same was en-.
tered IN the following manner TO wit The
party desiring to so substitute such Judgment
decree or order, shall file written statement
with the clerk in which such Judgment.
decree or order was entered originally, set
ting forth in a brief, succnct manner as
nearly as practicable his relation to said iudg-
ment, the date OF the entry rendition of the
same, on what account the same was rendered,
the names Of all the parties to such judgment,
decree or order, their places Of residence and
post office address, where the same are known
or can be ascertained by diligent inquiry, the
amount of money or purpose for which such
judgment, decree or order rendered, to
what extent, if any, the same has been exc
cuted, and the purpose for which the same is
desired to be substituted or reinstated. or re
SIOFeu, T. e. Wnetner 10 nave execution thereof.
or as a imminent of title, or for other purposes,
which statement shall be sworn to and sub
scrlbed by the party, by or for whom the same
is filed, before some officer authorized by law
to administer and prove affidavits; whereupon,
the clerk with whom the same is filed, shall
issue sclre 1acius, or make publication in case
of non residents to all the parties named in such
statement parties to such judgment, decree
or order, to appear at the next term OF the court
to be held within not less than thirty days from
the issuance of such process, and show cause
why the judgment, decree or order in question,
should not be substituted or reinstated upon
and restored to the records of said court, which
process shall be executed and returned on
other and original process in the court having
Jurisdiction, and like proceeding nearly as
may be, shall be had in other suits pending
in such courts and if the court in which such
preceding is pending shall, upon the final hear
ing Of the issue that shall be joined IN such pro
ceeding, adjudge that such jud gment, decree or
order should be substituted reinstated and
restored as aforesaid he shall cause such judg-
ment, decree order to be entered the
minutes Of such court as the proof warrants, or
as is proper in the premises, which Judgment,
decree or order entered, shall have the
same force, effect and virtue in all respects as
the original judgment would have had if it had
not been destroyed as aforesaid; Procided,
that where the parties, or any of them to
such Judgment, decree or order destroyed as
aforesaid, shall be nonresident in this State,
and are served by publication of notice only,
the party instituting the proceeding before he
shall have such Judgment decree or order sub
stituted or reinstated as before provided, shall
enter into bond to be fixed by the courts before
whom such case is pending payable to the par
ty against whom the Judgment, order or decree
is sought to be restored, in a sufficient to
cover said judgment sought to be restored
and all damages which might accrue from
Il of I,o
SEC. 9. Be IL further enacted, That this Act
take effect and be in force from and after its
passage.
APPROVED, FEBRUARY 1st, 1877.