Chap. 63.—An ACT to amend and re-enact chapter 180 of the Code
of 1860.

Passed February 21, 1806.

1. Be it enacted by the general assembly, That the one
hundred and eighteenth chapter of the edition of the Code
of cighteen hundred and sixty be amended and re-enacted so
as to read as follows:

“Tf, in any cause, the original papers therein, or any of
them, or the record for or in an appellate court, or any paper
filed or connected with such record, be lost or destroyed, the
court wherein the case is, or in which it would or ought to
be, but for such loss or destruction, may docket the same;
and on afhdavit of such loss or destruction, the case may be
proceeded in, heard and determined, upon an authenticated
copy of what is lost or destroyed, or proof of the contents
thereof, or upon proof of so much of the contents thereof
as may enable the court to proceed in, hear and determine
the case, and make such entry, order or decree therein, as if
the papers, or any of them, had not been lost or destroyed.
The court may, In its discretion, require new pleadings to be
made up, in whole or in part. <A plaintiff, instead of pro-
ceeding under this section, may commence and prosecute a
new suit for the same matter: and no certified copy of any
deed, will, account, or other original paper required by law
to be recorded in any county or corporation court, shall be
used by any party as evidence for him in any case where the

original deed, will, account or other original paper, or the

record thereof has been destroyed, until such copy has been

admitted to record in the place of the destroyed original.”
This act shall be in force from its passage.

Chap. 63.—An ACT to amend and re-enact chapter 180 of the Code
of 1860.

Passed February 21, 1806.

1. Be it enacted by the general assembly, That the one
hundred and eighteenth chapter of the edition of the Code
of cighteen hundred and sixty be amended and re-enacted so
as to read as follows:

“Tf, in any cause, the original papers therein, or any of
them, or the record for or in an appellate court, or any paper
filed or connected with such record, be lost or destroyed, the
court wherein the case is, or in which it would or ought to
be, but for such loss or destruction, may docket the same;
and on afhdavit of such loss or destruction, the case may be
proceeded in, heard and determined, upon an authenticated
copy of what is lost or destroyed, or proof of the contents
thereof, or upon proof of so much of the contents thereof
as may enable the court to proceed in, hear and determine
the case, and make such entry, order or decree therein, as if
the papers, or any of them, had not been lost or destroyed.
The court may, In its discretion, require new pleadings to be
made up, in whole or in part. <A plaintiff, instead of pro-
ceeding under this section, may commence and prosecute a
new suit for the same matter: and no certified copy of any
deed, will, account, or other original paper required by law
to be recorded in any county or corporation court, shall be
used by any party as evidence for him in any case where the

original deed, will, account or other original paper, or the

record thereof has been destroyed, until such copy has been

admitted to record in the place of the destroyed original.”
This act shall be in force from its passage.