The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-04-26

which IL puTpOrtS to be a copy or OF when
il puTpOrts 10 represent the substantial con
tents in the same manner and as TO as full
an extent as If the original or a copy thereof
was produced prorideL, that any person
other than such as were cited to contest the
establishment of such in the chancery court
Of. said county may, in any controversy
where uch VIII or copy IS relied on, show
that tits not 4 copy or does not contain the
substantial provisions Of the original will
which IL purpOrts to represent. but IN all
such cases the aiidayiJs endorsed upon or
appended TO such copy, and the probate
thereof, or order Of the chancery court may
be read and shall be received as evidence.
and shall have such weight as the court or
jury may give it.
SEC. 6. Be HfuTther enacted. That in all
cases Of judgments or DEGREES in the chan
Gerry court of said county rendered before
the 2Sth day Of October, 1881. where the de
PENDANT or defendants or any of them may
be out Of the State of Mississippi. it shall
be lawful for a plaintiff or complainant
seeking to reinstate such judgment or
decree to give notice of his Intended motion
to such absent defendant or defendants by
publishing notice of the intended motion in
" or three weekly issues Of a public news
paper, published in the county Of Union,
and on filing a copy of such printed notice
with the motion with an affidavit Of the
nOn-residence Of such defendant or that his
whereabouts are not known. and that such
notice has been published in three consecu-
tive weekly issues of a public newspaper of
said county, the said motion shall then pro-
ceedin the same manner as if there was proof
Of actual service Of the notice Of the said
motion on such defendant, and a judgment
reinstating any Judgment or decree shall be
rs valid and e~ffectual as if there had been
actual service of notice.
SEC. !. BE itfuTtheT enacted, That in all
instances where original deeds may have
been destroyed by fire, or are supposed to
have been so destroyed in the burning of the
courthouse, or law Office in which the
records and deeds of said county were
placed, which deeds conveyed lands lyingin
said county, it shall be lawful for the
grantee, or other person interested in the
preservation Oft the evidence of said deed, to
make affidavit of the execution of such deed,
distinctly stating the date or about the date
of its execution and by whom executed,
and upon what consideration and what land
was conveyed by it, which affidavit may be
subscribed and sworn to before any person
now authorized by law to administer Oaths
in this State, and shall be substantially in
the following form, to-wit:
STATE OF MISSISSIPPI, UNION COUNTY,
Before me "a. b. a justice of the peace
Tor any other officer. as the case may be- this
day came c.. d. who being duly sworn,
said: That on or about the.....day of. ...,
\. D., Is E. F. and his wife C. H. of
the county Of........., and State Off,, for
the consideration Of &C.. dollars therein ex-
pressed. signed, Sealed and delivered to
afiiant, (or to whomsoeverit may have BEEN
a .deed, conveying to the said ....., the fol
lowing described lands, lying in the county
Of Union, and State aforesaid, tO-wit: giving
the numbers Of description of said land
which deed was thereafter duly acknOwl-
edged by said Il. f., and G. H., before a
competent officer, and was delivered by
afIiant Tor by whomSOever it was in fact de
livered, to the..."....Of said county of Union
for record, and is supposed to have been
burned with the law office Of Young &
Dalton, county of Union, on the 2Sth day Of
October. 1881. and affiantd desires this affidavit
to be admitted to record, upon the records
of said county of Union in lien of the deed
aforesaid.
Sworn to and subscribed before
me, this.....day Of -..-, 49,, c.. D.
A. b.
And if any person filing such affidavit,
shall desire to do so. it shall be lawful for
him to obtain the affidavit of any person or
persons corrOborative of his own, and any
such affidavits as herein provided for may
be filed with the clerk of the Chancery court
Of said county Of Union, who shall record
the same upon the records of deeds in the
same manner as he'is required to record
deeds, and under the same penalties and
shall be entitled to the same fees. as he is
entitled to chargefor similar services in refer
ence to deeds, and thereupOn the said aft
davits when entered of record, shall stand in
lieu of the deed described therein, and shall
relate back to the date of the deed described
therein, and shall be as valid and ~etfectual
as evidence of the deed described therein
as if such deed were produced, and shall be
color of title, and shall in all respects stand
as deeds, and the sam or copies thereof
from said record, shall be evidence in any
controversy in any court of law or equity il
this State, subject however to be rebutted
by proof of their falsity.
SEC. s. Be ii further enacted, That as
to all lands in said county of Union, which
were in possession of persons bona tide use(
as a farm on the 2Sth day of October, 1881
under color OF title land where a person wa;
in possession of part of a tract, with a deed t.
the whole 0 tide, using the same as
farm, the possession In such case shall bt
adiudged to have been c~o-extensive with tn,
boundaries in the decd, all suits a
law or in equity for the recovery o
any such lands shall be brought within fv,
years from the passage of this act, and no
afterward, and there shall be no saving il
such case in favor of minors, or any othe
person, DuUal suits snail De brought within
five years from the passage of this act: an
after the expiration of five years from tn
passage of this act. fno suit for the recover
of such lands be brought, the title to al
such lands shall be considered in all tn
courts of this State as having been abso
lutely in such person as had the same i
possession as indicated in the foregoing
part of this section, on the 2Sth day of Octo
Der, 1881, and the provisions of this section
shall extend to cases where possession ma,
have been had by tenant.
SEC. g.. Be It further enacted, That
shall be lawful for any person who is intel
ested in lands in Union county, to file hi
bill in the chancery court of Union county
to perpetuate the evidence of any intel
{ mediate deed, or other imminent of It'll
between his conveyance and the governmen
of the United States. and it shall be Lawful
for any complainant in any such case, to sc
forth in his bill a complete history of hi
+1t1n Chnu-Inrr, I'll H. It'll = L. -