The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1877-01-28
AN ACT to aid in supplying lost papers and
records in the county of Franklin and for
.Inr.

AN ACT to aid in supplying lost papers and
records in the county of Franklin and for
other purposes.
Stcr1oN l Be it enacted By the Legislature Of
the State Of Mississippi, That in any suit or
proceeding heretofore instituted in any court
of Franklin county, where n any paper or pa
pers on file in such suit or proceedings snail
have been burned lost, mlslald or destroyed,
on or prior to the 18th day of September, 1916,
upon proof of such loss or destruction to the
satisfaction of the court, such court may order
like paper or papers, or bstantlaIty SO, TO %
substituted in lieu of those lost or destroyed
and after such substitution, the cause sEalI
proceed a though the original paper or pa
pers was or were on file: this provision to ap-
ply to both civil-and criminal cases or pro-
ceedngs.
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 its issuance, and d.
rected to the sheriff or other lawfully authorl-
zed officer to serve the same on all persons
| named in said motion, having an interest
| therein, to appear at the return term OF sald
summons and show cause why the motion
shall not be sustained, which process snail be
| served by the officer to whom 1t is directed
as other legal process is served, and II any
| persons in interest are non-resldents OF TINS
State then publication or service or process
| as 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.
SEC. 8. Re it 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. f. 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 18th day of September,
876, and the records of which were burned,
lost or destroyed, 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
we'll as the original, were burned lost or de.
streyed, on prior to said date, then a sworn
copy fthe same may be admitted to record
an /, when admitted, shall have the force
and effect of the original being considered
priad facie correct. but not conclusively so.
SEC. 8. Be IL further enacted, That in all case:
when original deeds, deeds of trust, mort
cages, other written instruments which
were recorded or filed for record in said coun
ty, in the proper office, on or prior to the sale
date it shall be lawful for the grantee or other
person interested in the preservation of sucl
instruments, to make an affidavit of the execu
ton and delivery of the same, which AFFIDAVIT
s shall state the date as near possible of its
} execution, by and to whom made for wha
: consideration, for what purpose, and shall par
ticularly describe the real and personal prop
erty conveyed by such instrument Said aft
davit shall be substantially in the followin;
form, to-wit
THE STATE OF MISSISSIPPI,