The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1877-01-21
AN ACT to aid in supplying lost papers and
records in the county of Franklin and for
other purposes.

AN ACT to aid In supplying lost papers ana
records in the county of Franklin and for
other purposes.
81 cTIoN 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, wherein any paper or pa
pers on file in such suit or proceedings shall
have been burned, lost, mislaid destroyed,
on or prior to the 18th day of September, 1876,
upon proof of such loss destruction 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 AZ though the original paper or pa
pers was were on file: this provision to ap-
ply to both civil and criminal cases or pro-
ceedings.
SEC. 2. Be it 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
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 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 cause why the motion
shall not be sustained, which process shall be
| served by the officer to whom 1t 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 be
| had in the trial of such motion as In other
cases in said court as far as applicable, the
| persons summoned 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. Be 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
NAL, admitted in evidence in any court In tn
State in all cases and in such maner as the
original would or could have been.
SEC. a. Be ii further enacted, That all deeds
deeds of trusts, mortgages or other written in
struments necessary or required by law to b,
recorded, and which were recorded in sale
county on or before the 10th day of September
S76 and the records of which were burned
! lost or destroyed, or prior to said date
J may again be recorded in the proper Office o
| said county, and copies of said second record
authenticated according to law. shall hav
the same legal force and effect if the.
were the copies of the said original records
and in all cases where deeds, deeds of trus
mortgages or other written instrument:
r which had been recorded in any Of the office