The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1877-01-30

lars nor more than one hundred do lars, or by
Imprisonment in the county Jail for not less
than thirty, more than ninety days, OF
nv both at the discretion of the court.
See g. Be it further enacted, That this Act
be in force from and after its passage
APPROVED. January 10, 1871.
AN ACT to aid in supplying lost papers and
records in the county of Franklin ana 1or
other purposes.
81 CTIoN l Be 1t enacted by the Legislature o.
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, mislald or Destroyer,
on or prior to the 18th day of September, 1876,
upon proof of such loss destruction to the
SAT- sfaction of the court, such court may order
| like paper 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 ap-
ply to both civil and criminal cases or pro-
| ceedings.
| son desiring to avail HIMSELF or 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 feJuTudDlc To tHc HIcO bO1 III VI UAiN
court after its issuance, to be held in not less
than thirty days from its issuance, and dl-
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 said
summons, and show 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 IT any
persons in interest non-residents of this
State then publication or service of process
as to them shall be made as in other cases of
non-resdents, 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 3. 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 the
original would or could have been.
SEC. A. 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,
$40, 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 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,
well as the original, were burned, lost or de-
streyed, on prior TO said date, then sworn
copy ofthe same may be admitted to record
an 1, when admitted, shall have the force
t and effect of the original, being considered
= prinea facie correct but not conclusively So
SEC Re- at further pu0cfe6 Thu in oil ca SpS
when original deeds deeds of trust mort
cages, other written instruments which
were recorded or filed for record in said coun
7 ty, in the proper office, prior to the said
date it shall be lawful for the grantee or other
f person interested in the preservation of such
instruments, to make 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
e consideration, for what purpose and shall par
1 ticularly describe the real and personal prop
efty conveyed by such instrument. Said aft
davit shall be substa ntially in the following
form, to-wit:
THE STATE OF MISSISSIPPI,
County of----
: Before me, - - in and for --
County. this day, personally came --, who
being duly sworn, says that on the - day
did make to f the fol-
f ing purposes -, the following proper
ty, to-wit: --, and that - did on
the = day of -, A. D., before -
: of the county, of - in -- State, ac-
or instrument,) and that said Conveyance or
lnstrument) was delivered to -, Clerk of the
4 - Court, to be by him recorded and that
the original conveyance or ms trument) above
described was burned, lost or DESTROYED on or
t prior to the 10Th day of Seplember, A. d., 1876.
r which afnav1t may be admitted to record in
the proper office of said Franklin county, and
cop1es, OF the same certified as provided by law,
snail be cons Idered primd facie evidence of the
contents of the original and shall have primo
Jdc,e the legal force and effect of the original
: and shall be evidence in all the courts Of law
or equity IN this State subject to the proof of
the falslty OF such affidavit
SEC b. BE at further enacted That the general
: lndeX OF deeds now on file ia the chancery
= clerks Once OF said county, compiled by viz
tue OF an Act entitled AN Act to provide for
lndexlng the record Of deeds in Franklin
county, approved, January I'D, 1875 or cer-
> tlned copies OF any part thereof shall be adj
mnSsible IN evidence to show the facts set
lortn IN SAID general index, including date of
deed or other instruments, names of parties
thereto and description of property in all
cases where the original record of such deeds
OF other instruments have been burned, de-
stroyed or lost. W
SEC. Z. Be itfurther enacted, That all deeds
TO lands sold for taxes due the State and conn
ty, where the time for the redemption of the
same mad expired ore prior to the said 18th day of
September, 1876, shall be deemed and held
PTtad fdcie correct, and valid and sufficient to
pass the title thereto but not conclusive.
SEC g. Be itfurther enacted, That this Act
take ehect and be in force from and after it's
: passage. i''
APPROVED, January Is, 1877.
AN ACT to legalize the assessment of q soboo,
tax by the Mayor and Board of Aldermen
OF the city of Canton, in the county Of
Mad son. J Vi
WHEREAS, owing to misunderstanding be-
tween the board -