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

~ """'"S anu " tuere Ue no paper
published in the District, then in CHAR
lesion or Columbia.
V. Upon the filing Of such bill, any
person or persons interested in preserving
the evidence Of the contents Of any such
d"cuinett, and desiring to Go so, may ap.
ply by writing, under oath, 10 he Master
or Com missioner for leave so to do, set.
ting forth with reasonable certainty a de,
scr'p'ion Of 'he document Of the past ex
isience, loss and contents uf which lie
| proposes 20 offer evidence fox pr-serva,
ton, aud stating the fact Of the destruc,
ton or loss, positively, or at least that lie
verify so believes, and also s,atirg z whsth-
er OF not there are other persons having
like or opp"sIte interest with him N the
matter to bs testified TO, and what the
interest OF such person or persons is, and
VI there he any such, the said M.ster or
Commissioner shall issue Sup0na nd
reSpondendam, directed to the said mar.
ties, 10 appear and cross examine the eyi.
dence which may be produced, and to in.
uoduce evidence in reply and i: the
applicant shall desire a discovery fron
ANY party interested, he shall, on making
oath, @ in bills OF discovery, be- permit.
'ed 1" send with the supnr =. interroy
RES, which shall be answered as in bills
for discovery. And whether or no, there
sha'' appear TO be other parties besides
the applicant who are interested, the
Master or Commissioner shall publish III.
notice OF application for three months in
tho same manner as nov prescribed for
notices TO absent defendant. in Equity.
and alI parties who NAV think h.ms.rye,
interested NAV CONS III as they had besu
servsG with sup9na.
VI AT tho expiration Of IL. said thr..
months. the Master or Commiss'one, shall
| proceed to take the evidence is tb. na,,v
making application therein asks for leave
TO have evidence "f the true location e
one or more tracts Of land taken for nr,,
servaiion, the Master or Commi,.inns,
shall have authority to issue \ .ul, Of
survey to- Deputy Surveyor, TO be ..l.e
ted 10y himself for ths, purpose. 10 whom
all the papers and other evidence of loca
ito" shall be furnished 10y ,h. party or
parties in interest, and who shall retyrn
h's p ala duly certified to the Master or
Commissioner issuing the order, on or be-.
fore day 10 be therein fixed by him.
Vll The evidence so taken shall bs
preserved, and the parties may have the
same recorded in the office, Of the R.ci,.
ter OF Mesne Convevances and the Secrs
tary OF STATE, aud (if it relates to records
OF any Court,) in that Court in which the
los: or destroyed record which il propose,
TO prove WAS made.
VIII. The evidence so taken, psrps,u
Med and recorded, bail be received i. all
Courts, sui sct to the same rules, rs to
competency and credibiIi,y, as any other
evidence, except n hsrsinbefcrs provid
cd. =
TX. For performing the duty assigned
them, the Attorney Gsnsr and Solicitors
shall receive twenty dollars for each bill.
and the Masters and Commissioners the
usual fees for fling the bill and making
and publishing the general ro,ice thereof,
and the printer the usual fees for printing
the SANE; all Of winch shall be paid By
the State Treasurer on the Ger ifica,s Of
any Chancellor. The costs OF all other
proceedings shall be paid by the par,ie.
who seek tho relief preferred by the bill.
except that 10 cases in which there is a
conflict Of interest, the Chancellor shall
decide which party shall pay them.
K The bills shall remain on the docket
for i've years, unless the General Assem-
bly, shall sooner order them stricken of.
during all which time all persons may
come ia and seek the relief intended.
XII. That no law now in force, or which
may 10 passed At this session Of the Gen
eral Assembly, Of the character Of a STAY
Law or law prohibiting suits 10 Court,
shall be held as applying to or affecting
| the provisions of tiIs hc,. proy,ds3