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


DEkbs, Wins. CHosEs IN AcrIos.
orHER PAPERS, AND REcoRDs DE.
sTRoYED OR LOST DURING rHr RECENT
WAX.
l. BE Il enacted. by the Senate and
House Of Representatives, now mot and
'''''ng in General Assembly, aad by the
authority Of the same, That whenever,
hereafter, in aEy suit which shall he pend
ing id any Court Of this State, il shall b.
nsesssaty, for the maintenance OF the
action or defence, that proof shall be al
iuced OF the contents OF any documents,
uhstfer the same 10 = deed, will, chose
In action, or other private writing, or n
public record, or Of any other nature
whatever, proper to be provsn, and It
shali DO proven, (by the affidavit Of th.
party, in case he be unable otherwise to
make the proof,) tina, ouch document was
in exi''sne' AID in the possession of any
person during tho recent war, and canuo.
now Be fourd. it shall DO presumed that
such document VAS destroyed or lost oy
reason o! the existence Of the war; and
II such presumption shall not bs. .Jehutted
to the satisfaction Of the Court, the party
needing the proof Of the contents Of such
document shall, without further proof OF
l,ss, be At liberty 10 Introduce secondary
evidence OF such contents, and for this
purpose rscilals in other deeds or writings.
provso or acknowledged to be genuine.
whether between the Same parties or not,
and statensn,s in the record OF any sui,
in any Of the Courts. produced from the
proper place Of custody, or iu the print
cd volumes Of State reports, publishsd
ty authority or the General Assembly.
although such statements Be in cases no,
between the parties to the sIit in which
the evidence offered or those under whom
they claim, shall be adm issibtY for the
eonsid.rstio1 Of the Court or jury hav
ing jurisdiciion Of the i.sues Of lac,
Prov'6td. AoUerer. .Tha, in every such
case tho party ,sn'isfing such evidence
sha'' hsys fret made in open Court, or
before some Judge Of the Superior or In.
fsrior Courts OF this State, or some Com
missioner residing out Of the State. duly
qualified to take affi.la viis to be used
within the State, IN sffi lavit tha. tho
said document is no. in bis possession or
p'~sr TO produce, and so far as hs know,
l. not 10 existence, and that bs vsrilv t~.
Es,ss tba, the same was iu tact DESTROY.
cd or carried away, or 10 some other way
lost or destroyed, and shall also produce
10 open Court. an affidavit, made by the
person in whose psssession tho party
t.ndsrina shall swear such documii.u, was
when he last knew Of it unless the party
rendering was himself the last person in
Possession, that the same wss 10 fact de
s,roysd or carried away. IL be knows it
TO be SO. OF IL, without positive know ledge.
that he believes Il to b 80, and setting
forth the facts aud circumstspces which
inducs such belief. IL such person is other
than the said party in Court tel dsriog
the secondary evidence Of contents, aud
is alive and within the stste.
II. The plaintiff or plaintiffs, or any Of
them. in any judgment or decree, the 70
cord whereof has been dss,royed or al.
ssrsctsd, or los, during the recent war, or
his Persousl representative, or other per
con claiming under or through him, or
any psr'on whatever having iu,.res. in tho
p'essrvstion Of tts evidence Of such judg.
mont or decree. NAV, upon notice Of not
less than ten days served personally upon
The defendant or defendants (if more q sn
oos) therein, or those upon whom his. her
OF their liability hereunder has ds,ol,ed.
or Others intsrss,ed to oppose the appli
cation. make application to The Court 10
which such judgmso, or decree vas rem
dsrsd. Tor leave to substitute nev record,
and IL upon hsaring The evidence on each
aide, the Court 10 ss,isssd Of che existence
and loss OF such record. an order for leave
TO substitute shall be made, ascertaininQ q
~ scar - possible the name. Of all tbs
original issaod the p'ainuG's attorney.
the dsts Of the signing Of the Judgment