1. In all cases the parties interested shall, upon motion, have an opportunity of appearing and using counter-affidavits and contesting the application.
2. If it appear to the court at the hearing that the record in the case is lost, destroyed or defaced, and what its contents were, it may then make, order or cause to be made, a new roll or record, corresponding to the old one as near as can be done, and enter the same as of record in the court.
3. The matter thus substituted will thenceforward be received in all courts and given in all respects the same effect as though it were the original record.
[1911 CPA § 702; RL § 5644; NCL § 9191]