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

SECTION /. Be u eaactea by the Legjsla-
tire Of Ne State If MssigSiDDi. That ii
shall DE- lawful Tor tho chaucprv court OF
Union county TO reinstate upon the records
ofsaid court. all orders. judgments ordecrees
made OF rendered 10y said court before the
2eth dav of October. 1881. and an grants of
letters Of administration. and prObates of
wills and grants Of letters testamentary.
and every other act of said court.
SIC. .. BE- Il fvyhbeT enacted. That in case
Of application TO said court to Teinstate an
order. or judgment or decree Of said court rs
provided for in the first section of this act.
the party making such application. shall
give FIVE days notice 10 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 n motion and the proof in
support OF it, the court shall be Of opinion
th4t lht Olilfi. lutlZuithl VI IJtIct. Sllbllt-
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 eases, 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 al the validity, force
and effect Of such original order, Judgment
or decree; pTocided, Horlcer, it shall not be
necessary for a party applying for Il rein
statement ola grant o~fletters Of administra-
ton or guardianship, or the probate of a
viii and letters testamentary thereon, to
give any notice as contemplated in the fore
going part of this section.
SEC. 3. BE It further eRGcted, 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 brother person. shall desire to reinstate
a taxation of costs, or to obtain a 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 where costs had ac-
crued, and were due in any proceedings in
said court before the 2Sth 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 Is speci-
fled in the foregoing section of this act, and
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 iudg-
ment shall have full force and operation,
and execution may issue thereon as in other
cases.
SEC. 4. BE Hf1rther eaacted, That any eX-
eCutor, administrator, ctm teStGmeatO, an
nero legatee, devisee, or other person inter
eStedin any will or testament which has been
probated in said chancery court before the
2Sth day of October, 1891, 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 t-estamentary,
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, a sub
stantial copy of thewill 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 NAV 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 vii
as shown by the proof, to be entered upoT
the minutes of said court, and to grant let
tiers teStamentary or of administration cun
testGHeatO GHBerO as the case may be. an(
thereupon the said entry upon the minute.
of said court as to the contents of such viii
or a copy therefrOm duly certified by the
clerk, shall be admissible in evidence il
any court of this State, and shall have tn,
same force and effect as if it were the origi
nal will and probate thereof, and all tn,
provisions of this section shall extend to MOI
cUPdtiCe wills prObated in said court prio
to the 2Sth day of October, 1891; and upol
any such application to reinstate as hereil
before provided for the probate of any vii
or testament, it shall not be necessary 70
the parties making such motion to give motto
to any person, but if the court on calm,
such motion upon the docket or at any tim
before the final disposition of said motion
should think proper, it shall be the duty o
said court to continue such motion, an,
order citation to issue to such persons a
the court may see proper within this State
directing such person to appear at sucl
term of said court as the court may direc
to contest such motion, and the return 0
such citation executed by the sheriff of an,
county, as citations are required by law t
be executed, the court shall proceed to tr
and dispose of sueh motion, and in all case
where a copy of will or testament is eN
hibited under the provisions of this act, o
when a motion is made to r~einstate what j
claimed to be the substance Of an origina
will which was probated in said court.
Shal be necessary for the marty aDDlviD