The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-09-27

Scnate anu hGuSc OF Representatives OF
the State of South Carolina, now met
and sitting in General Assembly, and
by the authority of the same, That any
party to record, plaintiff, defendant,
assignee, or any person having an inter-
est in any Judgment, or agricultural lien,
the record of which has been destroyed
by fire at Abbovlle, ON the 18th Janu.
AIRY and 18th November, 1872, shall
have the rishtto supply the same in. tho
following manner:
SEC. 2. That the party desiring to
supply such record may, upon notice of
not less than twenty days, served per-
sonally upon the other parties in inter-
est in such record, make application to
the clerk Of the Court for leave to substi.
,ute a new record, which application
shall contain, MS nearly as possible,
statement Of the names of the parties,
the amount of the debt, tho entry Of said
Judgment add execution, the names OF
the attorneys ofrcoord, with such other
partic ulars as the applicant may deem
proper to his case; all which shall be
verified dy the affidavit of the applicant,
or his er her agent or attorney, accord
iug to tho best Of his knowledge, informa.
ton aud belief.
SEO 3. That upon failure of the party
or parties, served as aforsaid, to answer
such application, in writing, to be filed
in the clerks office within twenty days
thereafter, exclusive of the day of ser.
vice, the clerk of the Court shall docket
judy meut for the party filing said appli-
cation.
SEc 4. That if the party or parties,
served with notice as above, file with
the clerk of the Court, within twenty
days after such service, excluding the
day Of service, au answer 20 the appica.
tion, denying, upou cath, the applicants
right to the rolicf sought, with state.
mant of the eounds why such appl,ca
ton should not be grated, the jursdic
sioa of the clerk Of the Court shall cease,
and he shall refer the application,
answer, and any accompanying papers,
TO q commissioner, for whose appoint
meat provision is hereafter made.
SgC. 5. That said commissioner shall
take, in writing, all the testimony intro
duced by one or both parties, according
to law shall hear and decide the matter
in controversy, report his decision IN
writing, aud, with it, return all the
papers to the Court Of common Pleas
From the decision of die commissioners
an appeal may be taken to the Court by
the party or parties dissatisfied there
with, as in case of au appeal from the
decision Of Referee appointed under the
Code. If there be no appeal, the clerk
of the Court shall docket judgment
according to the report and decision Of
the commissioner.
SEC. 6. In every case in which the
defendant or defendants in any burned
judgment or decree shall be absent from
and without the limits Of this State, in
lieu of the service required by this Act
it shall be sufficient to publishd, 10
newspaper of Abbeyille County one
months notice Of such application, and,
if the absentee's residence is knoYn, a
copy of the paper containing the publ
cation shall be mailed to his or her ad
dress Provided, That nothing herein
contained shall prevent such absent
defendant CT defendants, within two
years after the publication Of tho notice
in this Section provided, from moving
the Court, upon a proper showing, to set
aside such judgment or decree
SEC. 2. The County commissioners for
Abbeyille County shall, forthwith,
furnish the clerk of said County with a
book or books of proper size, suitably
ruled and securely bound, to be labelled
abstract Of Burnt Judgments and
Decrees," in which the said clerk shall
enter an abstract of every such jpdg
nient and dccree,. new record of which
shall be SO ordered to be substituted,
setting out, in distinct and appropriate