The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-06-25
Burnt Records,

Perpetuate Testimony IN Regard
to Deeds, Mortgages, Settlements
and othcr Papers, Lost by Fire at
Abbeville. 80" @
Section 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 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 -ly fire
at Abbeville, on 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
supply such record may, upon notice
of not less than twenty days served
personally upon the other parties in
interest il 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
n.mesa of the parties. the amount OF
the debt. the entry of said judgment
and execution, the names Of the at
tornevs of record, with such other
particulars as the applicant may deem
proper to his case all which shall be
verified hy the affidavit of the appli-
cant, or his or her attorney, according,
to the rest of his knowledge, infor-.
nation and belief. = s@>aS..a s. r p - 5
Sec. 8. That upon failure of the
party or parties, served as, s,aforesald,
to answer such application, in writing,
to he filed in the Clerks office within
twenty davs thereafter, exclusive of
the day of service, the Clerk of the
Court shall docket Judgment for the
party fling said application.
Sec. q 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, an answer to the ap-
p ication, denying. upon oath, the
applicants right to the relief sought,
with statement of the grounds why
such application should not be grant
ed, the Jurisdiction of the Clerk of
the Court shall cease, and he shall
refer the application, answer, and any
papers, to Commis-
sioner. for whose appointment provi-
sion is hereafter made. +
Sec. 5. That said Commissioner
shall take in writing, all the testimo-
ny 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
IF the Commissioner an appeal may |
be taken to the Court by the party
Dr. parties dissatisfied Herewith, as in
,ase of an appeal from the decision of
Referee appinted under the Code: If
here be no appeal, the Clerk of the
Court shall docket Judgment accord
ng to the report and decision of the
Commissioner.
Sec. 6. In every chse in which the
defendant or defendants in any burn
ID Judgment or decree shall he absent
rom and without the limits of this
State. in lieu Of the service required
~ this Act. it shall be sufficient to
publish, in a newspaper of Abbeville
County, one months notice Of such
application, and, if the absentee's
residence is known, a copy of the pa.
,er containing the publication shall
,e mailed to his or her address: Pro
'ided, That nothing herein contained
hall prevent such absent defendant
'r defendants. within two years after
he publication of the notice in this !!
section provided, from moving the
'ourt, upon proper showing, to set
side such judgment or decree.
Sec. 7. The County Commissioners
or Abbeville County shall, Forthwith, /
urnlsh the, Clerk Of said County, with
book or books of proper size, suita.
ly rnled and securely bound, to be
ahelled "Abstr%ct of Burnt Judg- t
cent and DEGREES ii in which the said
'lerk shall enter an abstract of every 6
uch Judgment and decree, o new
ecord of which shall be 30 ordered I
0 be substituted, setting out, in dis s
met and appropriate columns, as near {
s possible, the names Of all the orig-tt
,al parties, plaintiffs and defendants {
ttorueys, the date of the signing Of q
he in ulgment or filing of~the decree; S