The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1877-01-24
AN ACT to aid in supplying lost papers and
records IN the county OF Franklin and for
other purposes.


SicrIoN l Be IL enacted Jy 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 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 50, TO b.
substituted Ia lieu of those lost or destroyed :;
and after such substitution, the cause STALL
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-
ceedings.
Seq Be il 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 n
summons returnable to the first term of the
court after it's 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 tho 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 il 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 as in other cases of
non-residents, and like proceedings shall ae
had in the trial of such motion as an other
cases in said court, as far rs applicable the
persons summoned or notified as aforesaid
having three days after the return day Of
such process 70 plead answer demur or ex-
cept TO such motion.
SIC. 3. BE II FURTHER enacted, That papers
substituted herein directed, shall in ali re-
spects stand in lieu Of the original and have
a 10 Va nd of npt of Oh
inal admitted in evidence in any court IN this
State in all eases aGG in such maner as the
original would or could have been.
SEC. j. BE Il Jurther 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
SIG, aud the records of which We're 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, aud the re cord Of the same az
well as the orig nal 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 50 admitted, shall have the force
and effect of the original, being considered
Primd tdcie correct. but not conoluaiyely So
SIC. 8. BE IL further enacted, Thatin all cases
when original deeds, deeds of trust, mort
Cages, VI ether written instruments which
were recorded or filed for record in said coun-
ty, in the proper Office, on or prior to the said
date il shall he lawful for the grantee or other
person interested in the preservation Of such
instruments, to make an affidavit of the cxecu-
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 afli-
davit shall be substantially IN the following
form, to-wit'