The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1866-10-10
tOFFIrIAL
Acts passed by ihe Legislature at the
Extra Session of 1865.


AN ACT To AMEND AND EXTEND THE
OPERATION OF AN Aci ENTITLED IAN
ACT TO PRo'IDE MODE BY WHICH TO
PERPErUATE TESTIMONY IN RELATION
TO DErps. Wills CuosEs ~ AcrroS,
AND OTHER PAPERS AND RECORDS DIX
sTKoYED OR LOST DURING THE RECENT
WAR;"
BE IL enacted bv H.. Senate and House
of Representatives, now The, aud sitting in
Gs .ernl Assembly, aud by the authority
OF the same, That M Act enti,i.d "Au
Act to provide III .Ie by which To per
pstu-ts te'lirn"ney in relation to deeds,
wills. chooses IN acuor, and other psp.rs
and records destroyed or lost during the
recent war" be amended and extended in
the following particulars,
|. That the stfitavit. required by the
pro, of the hr,t section VI SAID Act
may be made before any person nulho
'Iz-'. TO administer NO o.tb ia South
Carolina.
III In every Case in whrch the d.fen
daut- 10 any lost jud SrEsnt "r d.cfss shall
bs absent from AMI nsyond the iimirs of
IA. S,a'e, IN lieu % The no ices ,eanir-d
by the sscund section "f the said Act il
snail be sufficient 10 publish th,rt, d.ys'
notice IN the manner nov Irs-crrh.Il f,r
making abseut parties defendant. IN Eqm
~.
III II The defsnd,n,. or (if The he dead
his PrrS"nal representatives. in any case
PROVIDED for ia The first aud second sec
tions Of the sa,d Act. shall IN K. ontb to
ihe purPorl thsrei" required of The nppir
cant. he sha! D. sntitI.d To serse intsrru
gstofirs tor n dlscovsry, with the same
notice and 10 the manner prescribed for
tho applicant.
w. Orders for leave to substituts new
records, for records Of Judgments or DEGREES
destroy ed or ioat, ma, he made \, Cham.
bers. as we'll ss ia Term lime. without
consent OF the parties: P,opided, Tbsy
have bsen served with uoiies ~ herein
before provided.
v All instruments in wiring. Of which,
a record or registry is r-qnirsd by law.
and Ut which the record Ur registry has
hesn destroyed or lost. but the original
preserved. and the substitutes provided in
the said Act for such originais in case OF
tfsr lms. shall be- recorded within six
mon,as from the ratification Of th,. Ac. {:
o her"ise they shall not prevail as i,snr
a2ai"st subsequent purchasers for vaiua.
be consideration, nur creditors without
notice.
vi. Office copies Of all instruments in
wiring, which by law are required or per
mn'ed To DO recorded. reg ster-,i OF feed
!" any puhi,c Office. after thirty days to
'ies 10 the opposite psr,y, and proof OF
the loss 10y the stfiisvit OF tie psriy offer
ing To introduce them. rs nov reonired
bv la~. shall be admitted in evidence -
Prooided, Tney are duly certified under
tho h""d Of the proper officer.
VII. Ia all cases !" which any ins,ru
mem in wri''nx is required Ivy law to be
recorded or registered, and such record or
registry, together With the oiiginals, is
destroyed or Iosr. but = copy thereof, Ger
iihsd 10 under The hand II the proper
officer. has been preserved, such certified
copy shall be recnrJed or registered. and
be ia ,he room aud stead Of the origi.
nal.
VIII. The following fs,s 10 he paid by
he apPiicant) shall be SLOWED: On ap
piica,ion for leave 20 substitute judgments
snd de,re-s in the Common Peas: To
the Clerk. the fees nov fixed by Law for
signing wri's and subp9 ,as. for docket
ing. signing judgments, sal tscordiog the
proceeding' and satisisctious To the
Sheriff the ises fixed by la~ for the entry
and service OF 'writs and snpsns.. togsth,
er with mileage To the Commissioner
and Register !" Equi'y, for application for
Iesve u sabstituts DEGREES and money
orders, the fess nov fixed by lA~ for pc
iitions in Equity.
TX. The provisions Of the said Act, and
OF this Act, are hereby extended TO all
deeds, wills, eaosss in action, and other