The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-06-11
Burnt Records,

Dull uG ICCCUl uN,
AN ACT to Remedy and.Supply the
Loss of Public Records, and to
Perpetuate Testimony in Regard
to Deeds, Mortgages, Settlements
and other Papers, Lost by Fire at
Abheville.
Section 1 Be it enacted by the
Senate and House of Representatives
of .he State of South Carolina, now
met and sitting in General Assembly
and by the authority of the same:
That any party to a record, plain
tiff defendant, assignee, or any person
having an interest in any judgment,
decree or agricultural lien, the record
Of which has been destroyed ny fire
at Ahhevile, Oh the 10Th January and
18th November, 1872, shall have the
right to supply the same in the fol.
lowing manner:
Sec. 2 That the Party desiring to
snpnlv such record may. upon notice
Of not less than twenty days served
personally upon the other parties in
interest j. such record. make applica
tion to the Clerk Of the Court for
leave to substitute a new record
which application shall contain, as
nearly as possible. state nent of the
lmes of the parties. the amount OF
the debt the entry of said Judgment
and execution. the names of the at
tornevs Of record. with snrh othe,
particulars rs the aprlicantmav deem
proper to his case; all which shall he
verified hv the affidavit of the appli
cant. or his or her attorney, according
to the hest of his knowledge, infor
nation and belief. s..
Sec. 3. That upon failure Of the
party or parties. served as aforesaid
to answer snch application. in writing
to he filed in the Clerks office within
twenty davs thereafter, exclusive ot
the dav of service, the Clerk of the
Court shall docket Judgment for the
party fling said application.
Sec. 4 Ttat if the party or parties
served with notice as above. file with
the Clerk. of the Court, within twenty
davs after such service. excluding the
dav Of service. an answer to the .ap
y ication. dcnving.. upon oath, the
arnlicant's right to the relief sought
with a statement Of the grounds why
snch application should not be grant
ed, the Jurisdiction of the Clerk O.
the Court shall cease, and he shaF
refer the application, answer, and any
ACCOMMODATING papers, to a Commits
sioner, for whose appointment provi
sion is hereafter made.
Sec. 5. That said Commissioner
shall take. in writing, all the testimo
nv introduced by one or both parties
according to law; shall hear and de-
eide the matter in controversy, report
his decision in writing, and, with it
return all the papers to the Court OF
Common Pleas. From the decision
of the Commissioner an appeal may
be taken to the Court by the party
or parties dissatisfied Herewith, as in
case Of an appeal from the decision Of
Referee appinted under the Code. Il
there be no appeal, the Clerk Of the
Court shall docket judgment accord
ing to the report and decision of the
Commissioner. 49,.
Sec. 6. In every case.in which the
defendant or defendants in any burn.
ed judgment or decree shall he absent
from and without the limits of this
State. in lied of the service required
by this Act. it shall be sufficient to
publish, in a newspaper Of Abbeville
County, one months notice OF such
application, and, if the ahsentee's
residence is known, a copy Of the pa
per containing the publication shall
be mailed to his or her address: Pro
vided, That nothing herein contained
shall prevent such absent defendant
or defendants. within two years after
the publication of the notice in this
Section provided, from moving the
Court, upon proper showing, to set
,aside'such Judgment or decree.
.. Sec. 7. The County Commissioners
for Abbeviie County shall, forthwith,
furnish the Clerk of said County with
book or books of proper size, suita
bly, ruled and securely bound, to be
labelled "Abstr. ct Of Burnt Judg-
n.ent and DEGREES in which the said
Clerk shat enter an abstract Of every
such Judgment and decree, q new
record of which shall be so ordered
to be substituted, setting out, in dis
tinct and appropriate columns, as near
as possible, the names of all the orig
inal parties, plaintiffs and defendants
attorneys, the date Of the signing Of
the judgment or filing of the decree,
the amount of the recovery, the sum
bearing interest. and the date from
which the interest began to run, the
balance actually due at the date Of
the destruction, the date Of the entry