The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1866-03-28

Clerk Of the Court Of Common Pleas, the
R'g'ster in Equity and the Ordinary in
each of the Districts Of this State, in which
the public records in tho custody Ct such
officer were destroyed or carried away,
or 10 any other way lost, shall, at the ex-
pense of the funds ir the hands Of the
Commissioners Of Public Buildings for his
District, procure = book or books Of pro
per size, and suitably ruled and securely
hound, to be labelled Abstracts of lost
Judgrnscts and Decrees," or "of lost
DEGREES" a The case may be, in which
he shall enter An abstract OF every such
Judgment or decree, a new record Of which
,hsiI be 40 ordered to he subs,i,uted: act
ting out in distinct and appropriate col
umn, all the particulars her.iuh-rore re-
CURED to he ascer,ained BY the order Of
the Court, and such enrrS sball, wi,hou,
other or further record. bs good and suiii
''ent IN law for all PURPOSES for which the
origihsl record itself could b.vs b,s,
used, and Of equal authority herewith in
All respects. La any case provided for in
this and in the preceding section of ,hi.
Act, II tho plaintiff. or in case of h,s
death, his personal representative, shall
make oath, according to the beat oe his
knowledge and belief, that discovery
from the defendant is the only means hv
which such lost or DESTROYED record or
d. cument can bs esabl,hed. and also Of
the iormer existence and of the los, or
destruction OF such record or other docu,
ment, he may, II the defendant, or euler
oi them, il more than Que, he living. sud
be within the limits of the State, call upon.
s"eh defendant TO All, ,wer, on oath, MS TO
the former existence Of such rscori ar
other documents, and Ms to its cnn,er,.
character and description, and also AS to
tho amount dus thereon. Aud in cas-.
such defendant, after at least ten dsvs
personal notice, II he be within tho DIS
tre: when such proceeding is had, aud
twenty da,s notice in case he is not
'hs'l fail 10 ans~er upon oath the inlerro
gAtores so propoundad, such failure to
ans"sr. (unle.s satisfactorily explained or
accounted for9 shall Ls taken and con.
s'drred as an admission by such def.p
dsnt OF the t:uth oi the facts stated ard
Set forth in tho plaintiffs affidavit: Pro
uided, That such admission shall only
affect the party so failing 10 answer as
Aforesaid and his legal representatives
II such defendant shall deny on oath the
f"rmer existence Of such record or other
document, 80 attempted to bs set ur, or
shall csny on oath that there is anything
due thereon 10 such plsirlltf or his legal
representative, or shall drnv any other
material fact aIledged in the plaintiff. +.
sfh'isvi', the answer Of the defendant.
together with the affidavit Of the plaintiff,
shsll bs considered as evidence 10 the case,
and shalt, with suca other testimony ~
the parties on both sides may offer, be
subnittsd to the Court: Propided, Ths,
no costs shall be taxed against tho defer n .
dsni for the inlsri-gstorirs which may
DO Propouodsi to him uuder tho p,ovh
sions Of this Act
Ill. That for the purpose Of preserving
such secondary evidence as may now bs
in eIi.'s"cs Of the past existence, loss
| and contents, or any OF them, Of such
! documents AS have been dpsiroy-d or lost
during The recent war, the Attorney Gen,
era: and Solicitor shall, in every District
in ibeii respective circuits, file "a bill 10
psrpe,uats testimony" il which shall bs
SET forth tho TACT that many documents
such as deeds. Wills. chooses in action. and
other private writings, aud also pubic
records and Others Of any nature what.
ever, have been lost or destroyed during
the recent war. and that the proof Of b e,r
past existence. loss and contents, rests in
the memory Of witnesses upon whose
death The tee tfmony will bs wholly lost
And that such proof may be taken and
Perpstuatsd, the bill shall pray ths; an
order may issue permitting all parsons
entitled by reason Of loss OF documents
under sach circumstances, aud desiring
20 do so, to come before the Conrt and