Chapter CXI. relating to Records of the Courts of the United States
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CHAP. CXI.— An Act relating to Records of the Courts of the United States.March 3, 1871. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That whenever the record ofLost records of judgments, &c. of United States courts may be supplied by certified copy. any judgment, or decree, or other proceeding of any judicial court of the United States shall have been or shall hereafter be lost or destroyed, any party or person interested therein may, on application to such court, and on showing to the satisfaction of such court that the same has been lost or destroyed without fault or neglect of the party or person making such application, obtain an order from such court authorizing such defect to be supplied by a duly certified copy of such original record, where the same475FORTY-FIRST CONGRESS.
Sess. III. Ch. 111, 112, 113. 1871. can be obtained, which certified copy shall thereafter have the same effect as such original record would have had in all respects. Sec. 2. That whenever the loss or destruction of any such record shallProceedings to supply such loss when certified copies cannot be had. have happened, or shall hereafter happen, and such defect cannot be supplied as provided in the next preceding section, any party or person interested therein may make a written application to the court to which such record belonged, verified by affidavit or affidavits, showing the loss or destruction thereof, and that certified copies thereof cannot be obtained by the party or person making such application,Application and notice. and the substance of the record so lost or destroyed, and that such loss or destruction occurred without the fault or neglect of the party or person making such application, and that the loss or destruction of such record, unless supplied, will or may result in damage to the party or person making such application, said court shall cause said application to be entered of record in said court, and due notice thereof shall be given by personal service of a copy thereof upon each and every person interested therein, other than the party or person making such application, together with written notice that on a day certain, not less than sixty days after such service, said application will be heard by said court; and if upon such hearing said courtOrder of the court. shall be satisfied that the statements contained in said written application are true, said court shall make an order reciting what was the substance and effect of said lost or destroyed record; which order shall be enteredEffect of order. of record in said court, and have the same effect, subject to intervening rights, which said original record would have had if the same had not been lost or destroyed, so far as concerns the party or person making such application and the persons who shall have been personally served as provided for in this section.
Sec. 3. That in all causes which have been removed, or shall hereafterIn causes removed to the Supreme Court copy of record of Supreme Court may be filed in the court below.Effect of copy. be removed, to the Supreme Court of the United States, a duly certified copy of the record of such cause remaining in the said Supreme Court may be filed in the court from which said cause was removed, on motion of any party or person claiming to be interested therein; and the copy so filed shall have the same effect as the original record would have had if the same had not been lost or destroyed.
Approved, March 3, 1871.