The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1877-01-31
AN ACT to aid in supplying lost papers, an IN

AN ACT to aid in supplying lost papers and
records in the county of franklin and Tor
other purposes.
the State of Mississippi, That in any suit or
proceeding heretofore instituted in any court
of Franklin county, where any paper or pa
pers on file in such suit or proceedings shall
have been burned, lost, mlslaid or destroyed,
on or prior to the 18th day of September, 1876,
upon DR. of of such loss or desti uctIon to the
satisfactio of the court, such court may order
like paper or papers, or substantially so, TO De
substituted in lieu of those lost or destroyed;
and after such substitution, the cause shall
proceed rs 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.
SEC 3 Be at 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 its issuance, and d.
| 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
/
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
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.
Sc 3. 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. 4. Be 1t further enacted, That all deeds,
| deeds of trusts, mortgages or other written in
struments necessary required by law to be
| recorded, and which were recorded in said
county on or before the 10Th day of September,
| 49, and the records of which were burned,
| lost 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
| well as the original, were burned, lost or de-
| streyed. prior to said date, then a sworn
copy ofthe same may be admitted to record,
an |, when so admitted, shall have the force
and effect of the original, being considered
prino facie correct. but not conclusively so.
| SEC. 5. Be 1T further enacted That in 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 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-
| tion and delivery of the same, which affidavit
shall state the date as near as possible of its
| execution, by and to whom made, for whai
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 following
| form, to-wt