The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1877-02-02
AN ACT to aid in supplying lost papers ano
records in the county of Franklin and fol

AN ACT to aid in supplying lost papers and
records in the county of Franklin and for
other purposes.
SlcTIoN l Be 1T enacted by the Legislature Of
the State Of Mississippi, That in any suit or
proceeding heretofore instituted in any court
of Fra nklin county, where any paper or pa
pers on file in such suit or proceedings shall
have been burned lost, mislaid or destroyed,
on or prior to the 18th day of September, 1876,
upon DR., of of such loss or desti uction 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 shall
proceed 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-
ceedings.
SEC. 2. 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 a
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 shall be
served by the officer to whom it is directed
| as other legal process is served, and If any
persons in interest are non-resldents 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 be
had in the trial Of such motion as in other
cas- es 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 1T 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. 4. 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 OF before the 10Th day of September,
| 816, and the recor Is 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 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
well as the original, were burned, lost or de-
| streyed on or prior to said date, then 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
prima tdcie correct. but not concusively So
SEC. 5. Be at further enacted. Thatin all cases
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, prior to the said
date, it shall be lawful for the grantee or other
person interested in 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 near as possible of its
| execution. by and to whom made, for what
consideration, for what purpose and shall par
tieularly describe the real and personal prop
erty conveyed by such instrument Said aft
davit shall be substantially in the following
form, to-wit
THE STATE OF MISSISSIPPI,
Comfy of