Page:United States Statutes at Large Volume 18 Part 1.djvu/242

 170 rms xm.-run JL'DICIARY.—Ch. 17. and such certified copy shall thereafter have, in all respects, the same effect as the original record would have had. Same subject. Sec. 900. When any such record is lost or destroyed, and the defect cannot be supplied as provided in the Pl'9C0dlll%.BOCtl0Il, any party or 111, ,_ 2,"v_ w,' pj person interested there1n may make a Written app lC8.tl0ll to the court to 475. which the record belonged, verified by affidavit, showing such loss or destruction; that the same occurred without his fault or neglect; that certitied copies of such record cannot be obtained by him: and showing also the substance of the record so lost or destroyed, and that the loss or destruction thereof, unless suplplied, will or may result in damageto him. The court shall cause said app ication to be entered of record, and a copy of if shall be served personally upon every person interested therein, together with written notice that on a day therein stated, which shall not be less than sixt days after such service, said application will be heard; and if, upon such hearing, the court is satisfied t at the statements contained in the ap lication are true, it shall make and cause to be entered of record an ordlcr reciting the substance and effect of said lost or destroyed record. Said order shall have the same effect, so far as concerns the party or person making such application and the persons served as above provided. but subject to intervening rights, w ich the original record would have had, if the same had not been lost or destroyed. Bmw mbiwt- Src. 901. When any cause has been removed to the Supreme Court, 3 Mu, 1871, c_ and the original record thereof is afterward lost, a duly certified copy of 111, s. 3, v. 16, p. the record remaining in said court may be filed in the court from w ich 475- the cause was removed, on motion of any part or person claiming to be interested therein; and the copy so filed shalyl have the same effect as the original record would have had if the same had not been lost or destroyed. Recordsof north- Sec. 902. In the proceedings to restore the records of the circuit and °”} désmct 2,1%** district courts of the northern district of Illinois, destroyed by fire on Eggs wmv Y the ninth of October, eighteen hundred and seventy-one, under the three -4-—---———- preceding sections, the notice required may be served upon any non- 56181;{“"··1;872;,5· resident of said district anywhere within the jurisdiction of the lnited ’S' ’v' ’p'States, or in any foreign country, the proof of the service of such notice, if made in aforeign country, to be certified by a minister or consul of the United States in such country, under his official seal. Same whim- Sec. 903. A certified copy of the official return of the district attor- 18 Mn 1872, c, ney, clerk of the circuit or district court, or the marshal of the northern 56, s. 2, v. i7, p. 41. district of Illinois, made in pursuance of law, and on file in the De rtment of Justice, relating to any cause in either of said courts to which the United States was a party, the record of which was destroved in said fire, may be filed in the court to which it ap rtains, and shall have the same force and effect as if it were an ori 'nalteturn made to said court; and in any case in which the names o? the parties, and the date and amount of the jludgment or decree shall ap ar from such returns, it shall be lawful for the court in which they are fillgd to issue the necessary process to enforce such degree of judgment in the same manner as if the original record was before said court. Same subject. ac. 904. It shall be the duty of the district attorney for the northern district of Illinois to take such steps as may be necessapiy to restore the 56,g_3, v_ {1,1,, QL records and iles of the circuit and district courts of said district which were destroyed by fire on the ninth of October, eighteen hundred and seventy-one, and in which the United States is interested, so far as the judges of said courts, respectively, shall deem it essential to the interests of the United States that said records and files be restored; and the judges of said courts, respectively, are authorized to direct such steps to be taken rs, in their opinion, shall be deemed advisable to restore the judgment dockets and indices of said courts and for that purpose may direct the performance, by the clerks of said courts, and by the United States attorney for said district, of any duty incident thereto; and said clerks and said district attorney shall be allowed such compensation and disbursements for services rendered under this section (in cases where