The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-06-18

which the interest," ueSau WI" wy
balance actually due at the date OF
the destruction, the date of the entry
of the Original process, the last pro-
cess issued for the execution OF such
and the costs thereon.
And such entries shall, without other
or further record, be good and sutfi-
cient in law for all purposes for which
the original record itself could have
been used. and Of equal authority
all respects.
Sec. s. In any ease provided for in
this Act, if tho applicant, or, in case
of his death, his personal representa-
tive. shall make oath, according to the
best of his knowledge and belief, that
a discovery from the party or parties
respondent is tho only means ny
which such lost or destroyed record
or document can be established, and
also of the former existence and OF
the loss and destruction Of such record
or other document, he may, II the
respondents, or either of them, it more
than one be living. and be- within the
limits of the State, call upon such re-
spondent to answer, on oath, as to the
former existence of such record or
other document, and US to its con:
tents. character and description, and
also as to the amount due thereon.
And in case such respondent, after at
least ten days personal notice, Off. he
be within the County when such pro-
ueeding is had, and twenty days if he
Is not shall fail to answer, upon
oath, the intorrogatories so PROFOUND,
ed such failure to answer, (unlcSs
satisfactorily explained or accounted
for,) shall be taken and considered as
an admission by such respondent OF
the truth of tho facts stated and set
forth in the applicants affidavit: Pro
vidcd, That such admission shall only
affect the party so failing to answer
as aforesaid, and his legal representa-
tives. If such respondent shall deny,
on oath, the former existence of such
record or other document, 30 attempt
ed to be set up, or shall deny, on oath
that there is anything due thereon ia
such applicant, or his legal represen'
tatives, or sh II deny any other mate,
rial fact alleged in the applicants
affidavit, the answer of the respon'
dcut, together with the affidavit OF
the applicant, shall be considered as
evidence in the case, and shall, with
such other testimony as the parties
on both sides may offer, be submitted
to the Court: Provided, That no costs
shall be taxed against the respondent
for the interrogatories which may be
propounded to him under the provi'
sions Of this Act:
Sec. 8. That the missioners Of
the County shall provide a book OF
books for the Clerk of the Court, in
which the said Clerk shall record an
abstract of all .the deeds, convey
ances, mortgages, settlements, liens,
and other instruments in writing
heretofore recorded, and required by
law to be recorded, which abstract
shall contain a statement OF the
names Of the parties, a brief state.
ment Of the property mentioned in
the deed or other instrument, the
date of the paper, the time when the
registry was made, and the certificate
of suck registry shall be entered anew
on said paper. And the said. deeds,
conveyances, mortgages, settlements,
liens, ard other instruments in wri
ting, shall be recorded as above pro,
vided for within six months from the
ratification Of this Act, otherwise
they shall not prevail as liens against
subsequent creditors or purchasers
for valuable consideration without
notice.
Sec. 10. That in case any deed, con-
veyance, settlement. agricultural lien,
or other instrument in writing, shall
have been duly recorded, aud, after
registry, delivered to the owner
thereof, and the same shall have been
mislaid, lost or destroyed whilst in
possession Of the owner, or in case OF
any deed, conveyance, mortgage, set
tlement, agricultural lien, Or other
instrument in writing requiring regis,
try; shall have been delivered to the
Register with such intent, aud shall
have been burned whilst in the office
of the Register of Mesne Convey
ance, and before redelivery to. the
owner thereof, an abstract of all such
deeds, conveyances. mortgages, settle
ments, agricultural liens, and other
in writing. shall be
proved as in the case of judgments,
as aforesaid, and re recorded by tho
Clerk in tie book or books, as order.
ed in the preceding Section Of this
Act.
Sec. II. That nothing herein con-
tanned shall prevent any one from
on the trial of any
cause, any lost or burnt paper, accord
ing to the rules of evidence now ex-
isting.
Sec. -. That the Judge of the
Eighth Judicial Circuit shall have
power to appoint a person, who shall
be called a Commissioner, to hear
ind decide all questions to be referred
20 him, as required under the DroVi-
,ions of this Act ga.
Sec. 13. The County Commissioners
ire authorized and required to employ
he service of competent person to
arrange properly, in the new office of
he Probate Judge of said County,
I'll the records Of the late Court of
equity which properly belong to the
Probate Court, and which were saved
n a mixed and disorderly condition
rom the late fire in Abbeville.