The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-04-23
Sec z The County Commissioners

furnish the Clerk Of said County with
q book or books of proper size, sulta'
bly, ruled and securely bound, to be
'labcllcd "AbstrSct Of Burnt Judg-
n.ent and DEGREES " in which the said
Clerk shall 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
! linul 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
of the origin..l process, the last pro-
cess issued for the execution of such
Judgment, and the costs thereon.
And such entries shall, without other
or further record, be good and suffi-
cient in law for all purposes for which
the original record itself could have
been. used. and of equal authority
therewith in all respects.
Sec. g.. In any case provided for in
this Act, if the 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 the only means by
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, if the
respondent, or either of them, if 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 as to it's 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, Of he
be within the County when such pro.
ceeding is had, and twenty days if he
is not,) Shall fail to answer, upon
oath, the interrogatories so propound-
ed. snch failure tos answer. (unlcss
satisfactorily explained or accounted
for,) shall be taken and considered as
an admission by such respondent OF
the truth of the facts stated and set
forth in the applicant 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, so attempt
ed to be set up, orshall deny, on oath,
that there is anything due thereon to
such applicant, or his legal represen-
tatives, or sh Il deny any other mate
rial fact alleged in the applicants
affidavit, the answer of the respon-
dent, 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. 9. That the Commissioners Of
the County shall provide book or
books for the Clerk of the Court. in
which the said Clerk shall record an
abstract of all tho deeds, convey
ances, mortgages, settlements, liens,
and other instruments in writing
heretofore recorded, and required by
law to be recorded, which abstract
SHALL contain statement OF the
names Of the parties, brief state
meft 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 sucE registry shall be entered anew
on said paper. And the said deeds,
conveyances, mortgages, settlements,
liens, ard other instruments in wrl-
ting, shall be recorded as above pro-
vded for within six months from the
ratification of this Act, otherwise
they shall not prevail as liens against
subsequent creditors or purchasers
for a valuable consideration without
notice. ..s.-',
Sec. 10. That in case any deed, con-
vevance, settlement. agricultural lien;
or other instrument in writing, shall
have been duly recorded, and, 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, sot-
tlement, agricultural lien, Or other
instrument in writing requiring regis
try, shall have been delivered to the
Register with such intent, and 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, conveyunces. mortgages, settle.
ments, agricultural liens, and other
instruments in wiring. shall be
proved as in the case of ind dgments,
as aforesaid, and recorded BY tho
Clerk in the 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
establishing, on the trial of any
cause, uny lost or burnt paper, accord
ing to the rules Of evidence now ex-
listing.