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

visions of this act or copies of said records
Of said wills or testaments, shall be admis-
sible in evidence in any court Of this State as
proof of the original viii or testament of
which it purports to be copy or OF which
it purDorts to represent the substantial con-
tents, in the same manner and as to as full
an extent as if the original or copy thereof
was produced; proride7 that any person
other than such as were cited to contest the
establishment CT such in the chancery court
of said county may, in any controversy
where such will or copy is relied on, show
that it is not copy or does not contain the
substantial provisions OF the original VIII
which it purports to represent, but IN all
such eases the affidavits 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 g. Be it further 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
two or three weekly issues of a public news
paper, published in the county Of Union,
and on filing copy Of such printed notice
with the motion with an affidavit of the
non-resdence of such defendant or that his
whereabouts are not known, and that such
notice has been published in three consecu-
tive weekly issues Of public newspaper OF
said county, the said motion shall then pro-
ceed in the same manner as II 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
as valid and efectual as if there had been
actual service of notice.
Sec. T. Be it further 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 lying in
said county, it shall be lawful for the
grantee, Or other person interested in the
preservation of 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, towit:
STATE OF MISSISSIPPI, UNION COUNTY,
Before me CA. b. justice of the peace
(orany other officer, as the case may be- this
day came &C.. d. who being duly sworn,
said: That on or about the. day Of -.,...,
a. d., IS -, q. F. and his wife e.. H. of
the county OFF,, and State OFF,, for
the consideration Of dollars therein ex-
pressed. signed, sealed and delivered to
afiant, (or to whomsoeveri 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 E. T., and G. H., before a
competent officer, and was delivered by
affant COR by WhOmSoever it was in fact de-
liyered, 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 28th day Of
October, 1881, and affiant desires this affidavit
to be admitted to record, upon the records
of said county Of Union in lieu of the deed
aforesaid.
Sworn to and subscribed before !
me, this......day of .,...., 49,, G. d.
L1lII IL GtlIN DCISOu ullil2 SllCII dIHJldf Ii,
shall desire to do so, it shall be lawful for
him to obtain the affidavit of any person Or
persons c0rroborative 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
Il IL.
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 same or copies thereof, |
from said record, shall be evidence in any |
in any court of law or equity in
this State, subject however to be rebutted |
by proof of their falsity.
SEC s. BE 1t further enacted, That as
to all lands in said county of Union, which /
were in possession Of persons bona .fde used |
as farm on the 28th day Of October, 1881, |
under color Of title land where person was
in possession of part of q tract with deed to
the whole bona ,fde, using the same as a
farm, the possession in such case shall be
to have been co-eXtensiTe with the
boundaries in the deed) all suits at
law or in equity for the recovery of
any such lands shall be brought within five
years from the passage Of this act, and not
and there shall be no saving in
such case in favor of minors, or any other
person, butall suits shall be brought within,
five years from the passage Of this act and
after the expiration of five years from the
passage of this act, if no suit for the recovery
Of such lands be brought, the title to all
courts of this State as having been abso-
Iutely in such person as had the same in
possession as Indicated in the foregoing