Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-10-03
Acts Passed at the Extra Session ofthe
Legislature.

Acts Passed at the Extra Sessioh Va 'iie
Legislature.
An Act 10 amend and ertend the operation O
an act entitled Z" An act to prooide q MODE
6v achich to Perpetuate Testimony IN reta.
lion to Deeds, Hills, Chooses in Action, ana
OTHER papers and records destroyed or 10S'
during the recent acar."
Be it enacted by the Senate and. House o'
Representatives, now metSand sitting In zen
eraI Assembly, and by the authority of the
same, That an Act entitled An Act to pro-
vide mode by which to perpetuate testimo
ny in relation to deeds, wills, chosesin acton,
and other papers and records destroyed OF
lost during the recent war;" be amended anu
extended in the following particulars:
I. That the afidavits required by the pro
visions of the first section Of said Act may be
made before any person authorized to ad
minister an oath in South Carolina.
II. In every case in which the defendant
or defendants in any lost judgment or decree
shall be absent from. and beyond the limits
of the State, in lieu OF the notices required
bv the second section Of the said Act, it shall
be sufficient to publish thirty days notice
in the manner now prescribed TOR MAKING ao'
sent parties defendants in Equity:
III. If the defendant, or (if he be dead h,S
personal representatives, in any case provld-
ed for in the first and second sections of the
said Act, shall make oath to the purport
therein required of the applicant, he shall be
entitled to serve interrogatories for discov'
ery, wit. the same notice and in the manner
prescribed for the applicant.
". Orders for leave to substitute new re-
cords, for records Of judgments or DEGREES de-
stroyed or lost, NAV be made at Chambers, as
we'll as in Term time, without consent Of
the parties: Provided, They have been serv-
ed with notice as hereiDbefore provided.
V. All instruments in writing, Of which o
record or registry is required by law, and OF
which the record or registry has been destroy.
ed or lost but the original preserved, and the
substitutes provided in the said Act for such
originals in case of: their loss, shall bo recor-
ded within six months from the ratification OF
this Act; otherwise they shall not prevail
as liens against subsequent purchasers for
valuable consideration, nor creditors without
notice.
VI. Office copies of all instruments in wri.
ting, which by law are required or permitted
to be recorded, registered or filed in any pub.
lie office, after thirty days notice to the op
posile party, and proof of the loss by the
affidavit Of the party offering to Introduce
them, as now required by law, shall be ad
mitted in evidence: Provided, They ore duly
certified under the hand of the proper OF
Gcer.
VII. In all cases in which any Instrument
in writing is required by law to be recorded
or registered, and such record Or registry, to-
gether with the originals, is destroyed or lost
but copy thereof, certified to under the
hand of the proper officer, has been preserv
ed, such certified copy shall be recorded OF
registered, and be in the room and stead Of the
original.
VIII. The following fees Ito be paid by
the applicant) shall be allowed On applca.
tions for leave to substitute judgments and
DEGREES in the Common Pleas: To the Clerk
the fees now fixed by law for signing wris<
and subpoenas, for docketing, siguiug judg-
ments, and recording the proceedings and
satisfactions. To the Sheriff, the fees fixed
by law for the entry and service of wri.s and
subpoenas, together with mileage To the
Commissioner and Register in Equity, for ap
olication for leave to substitute DEGREES and
money orders, the fees now fixed by law for
petition in Equity.
TX. The provisions of the said Act, and o.
this Act, are hereby extended to all doeds
Wills, chooses in action, and other papers and
records destroyed or lost since the passage
of the said Act, or which may hereafter
be destroyed or losti in any way whatever.