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

bearing interest, and the date from
which the interest began to run, the
balance actually due at the date 5of
the destruction, the date OF the entry
of the original 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 sufti--
cient in law for all purposes for, which
the ori ginal record itself could have
been used. and of equal authority
,therewith nail respects.
Sec g. In~auy rass 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-
spondentto answer, on oath, as to the
former existence Of such record or
other document, and as to, its con-
tents, character and description, and
also as to the amount due thereon.
And in case such respondent, after ut
least ten days personal notice, (if he
be within the County when such pro-
reeding is had, and twenty days if he
is not,) shall fail to answer, upon
oath, the interrogatories so PROFOUND
ed. such failure to answer. (unless
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
forthiin the applicants affidavit: Pro
vidcd, That such admission shall only
affect the party SO failing to answer
as aforesaid. and his legal representa-
tives. Ifsuch respondent shall deny,
on oath, the former existence Of such
record or other document, so attempt
cd to besset up. or shall 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, bo 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 a book or
books for The Clerk oflthe 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, 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
on1said paper. And tho said deeds,
conveyances, mortgages, settlements,
liens, and other instruments 10 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
Tor 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, and. after
registry, delivered to the owner
thereof, and the same shall have been
mislaid, lost or destroyed whilst in
possession of the o~ner, or-in case OF
any deed, conveyance, mortgage, set
Element; 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 redclivery to the
owner thereof, an abstract of all such
deeds, conveyances, mortgages, settle
ments, agricultural liens, and other
instruments in writing. shall be
proved as in the case ofjudgments,
as aforesaid, and recorded by tho
Clerk in the book or books, as order.
ed in the preceding Section of this
Act.
See. II. That nothing herein con-
tanned shall prevent any one from
establishing, on the trial of any
cause, any lost or burnt paper, accord
ing to the rules Of evidence now ex-
listing. Z. -4'E.. =
Sec. .12. That the Judge of the
Eighth Judicial Circuit shall have
power to appoint person, who shall
be called Commissioner, to hear
and decide all questions to be referred
to him. as required under che provi-
sions of this Act
Sec. 13. The County Commissioners
are authorized and required to employ
the service. of a competent person to
arrange properly, in~the new office of
the Probate Judge of said County,
ali the records of the late Court of
Ennitv which nrnnerlr belong to the