The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-04-26
AN ACT to remedy the the burning Of
the Court HOUSE Of Union County.

the Court House of I nlen County.
SECTION 1. Be 1t enacted by the LegiSzo-
tuTe Of the State of Iississippi, That it
shall be lawful for the chancery court of
Union county to reinstate upon the records
ofsaid court, all orders, judgments or DEGREES
made or rendered by said court before the
28th day of October, 1881 and all grants of
letters of administration, and probates Of
wills and grants of letters testamentary,
and every other act of said court.
SEC. 2. Be it titrtheT enacted, That in case
of application to said court to reinstate an
order, or judgment or decree of said court as
provided for in the first section Of this act,
the party making such application, shall
give five days notice to the person or per
sons interested in or to be affected by the
order Judgment or decree sought to be rein
stated, of his intended motion, and shall,
on or before the day named in such notice
and on the first day of a regular term of the
chancery court Of said county, file with the
chancery clerk Of said county, his motion
in writing, and the said clerk shall docket
said motion on the motion docket Of said
court in the same manner as other motions
are usually dOCketed: and such motion
shall be called and heard. tried and dis
posed Of or continued by the court IN the
regular order Of business and if on the
hearing Of such a motion and the proof IN
support of it, the court shall be Of opinion
that the order, Judgment or decree, should,
in whole or in part be reinstated the court
shall so order and decree, and shall cause
its decree to be entered Of record, which
shall thereupOn have full force and effect
in the same manner as if the records of said
court had never been destroyed; an eXecu-
ton or attachment may issue upon such
decree as in other cases, and the record of
such decree Of reinstatement or a copy
thereof. duly certified by the clerk of said
court under seal. to be a true copy, shall be
admissible in evidence in any court of this
State, and the said decree shall in all
respects stand in lieu Of the original order,
Judgment or decree ordered to be rein
stated, and shall have all the validity, force
and effect of such original order, Judgment
or decree; procided, Hosccoer it shall not be
necessary for party applying for rein
statement ola grant Of letters Of administra-
ton or guardianship, or the probate Of a
will and letters testamentary thereon, to
give any notice as contemplated in the fore
going part Of this section.
SEC. 3. BE it further eaacted That the
provisions Of this act shall extend to the
taxation of costs in any matter in said
court, and in all cases where the clerk of said
court or any executor, administrator, guar
dian or other person, shall desire to reinstate
a taxation of costs, or to obtain Judgment
for costs where Judgment for cost had been
rendered or where cost had been incurred
or had been taxed in the fee book of the
clerk of said court, or whore costs had ac-
crued, and were due in any proceedings in
said court before the 26th day Of October,
1881, any person interested and so desiring
to place upon record Of said court a Judgment
for costs shall be entitled to the like remedies
and shall proceed in like manner as speci-
tfsAIi tl,1 Jffl
the court shall proceed in like manner upon
said motion as herein prescribed, and shall
cause Judgment to be entered in favor of the
proper party, and against the proper party
in such proceedings for such sum as the
proof may show to be correct, and such judy
ment shall have full force and operation,
and execution may issue thereon as in other
cases.
SEC. 4. Be ii. further enacted, That any ex-
ecutor, administrator, cl5D1 tcStdmentO, an
nero legatee, devisee, or other person inter
ested in any will or testament which has been
probated in said chancery court before the
28th day of October, 1881, may apply to
said court by motion as herein before pro-
vided, and on production to said court, on
hearing of said motion of the original will
with the probate thereof endorsed thereon,
it shall be lawful for the court to order the
said will and probate as endorsed thereon
to be entered upon the record of wills in said
court, and to grant new letters testamentary
therein if necessary; and thereupon the said
probate and the said letters testamentary,
shall have relation back to the original pro
bate of said will and grant of letters tesla.
mentary and shall have all the force and
effect of the original probate and letters
testamentary, or if the original will or tesla
ment be not produced, it shall be lawful for
the party making said motion, to set out in
his motion, or to file with his motion, sub
stantial copy of the will or testament sought
to be thus established and on hearing of
said motion it shall be lawful for the court
to have any and all evidence that may tend
to satisfy the court of the substantial con-
tents of the will or testament sought to be
so established, and if the court is satisfied
as to the contents of the will or testament
sought to be so probated, the court may
direct the substantial provisions of the will
as shown by the proof, to be entered upon
the minutes of said court, and to grant let
tiers testamentary or. of administration cum
te8tdmento dnHerO as the case may be, and
thereupon the said entry upon the minutes
of said court as to the contents Of such will
or copy therefrom duly certified by the
clerk, shall be admissible in evidence in
any court of this State, and shall have the
same force and effect as if it were the origi-
nal will and probate thereof, and all the
provisions of this section shall extend to non
cupatice wills probated in said court prior
to the 2Sth day of October, 1881; and upon
any such application to reinstate as herein
before provided for the probate of any will
or testament, it shall not be necessary for
the parties making such motion to give notice
to any person, but if the court on calling
such motion upon the docket or at any time
before the final disposition of said motion
ShOuld think DrODer it shall be the duty of /
said court to continue such motion, and
order citation to issue to such persons as
the court may see proper within this State,
directing such person to appear at such /
term of said court as the court may direct
to contest such motion. and the return Of |