The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1877-01-20
AN ACTto aid in supplying lost papers and
records in the county Of Franklin and foI
other purposes.

AN ACTto aid in supplying lost papers and
| records in the county Of Franklin and for
| other purposes.
! cTIoS Be It enacted By TIE Legislature Of
the State Of Mississippi That in any suit or
proceeding heretofore instituted in any court
OF FRANKLIN county, wherein any paper or ra-
/ pers on hle In such suit or proceedings shall
| have been burned, lost mislaid or DESTROYED
on or prior TO the 18th 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 sail
proceed as 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.
SIC. = Be it 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 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 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-resdents of this
State, then publication or service of process
al 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 or notified as aforesaid
having three days after the return day of
such process to plead, answer demur or ex-
cept to such motion.
SIC. 3. Be it further enacted, That papers
substituted 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. t. 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 or before the 10Th day of September.
1876, 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 who're 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 a sworn
copy of the same may be admitted to record
an /, when so admitted, shall have the force
and effect of the original, being considered
primd tacie correct, but not conclusively 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 or prior to the said
date it shall be lawful for the grantee or other
person interested III 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 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 afi-
davit shall be substantially in the following
form, to-wit
THE STATE OF MISSISSIPPI,