The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-04-30

AN ACT to Remedy and Supply tbt
Loss of Public Records, and Il
.Perpetuate Testimony in Regart
to Deeds, Mortgages, Settlements
and other Papers, Lost by Fire a
| Abbeville.
| Section Be it enacted by Ia
Senate and House of Representatives
OF ,be 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 ty fire
at Abbeville, on the 10Th January and
18th November, 1872, shall have the
right to supply the same in the tol'
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 H. such record, make applica-
ton to the Clerk of the Court for
leave to substitute new record,
which application shall contain,' as
nearly as possible, state nent of the
Ames of the parties. the amount of
the debt. the entry of said Judgment
and execution, the names of the at
torneys of record, with such other
particulars as the applicant may deem
proper to his case all which shall he
verified by the affidavit Of the appli'
cant, or his or her attorney, according
to the rest of his knowledge, lntor-
nation and belief.
Sec. 8. That upon failure of the
party or parties, served as aforesaid,
to answer such application, in writing,
to be filed in the Clerks office within
twenty days thereafter, exclusive of
the day of service, the Clerk of the
Court shall docket judgment for the
party filing said application.
Sec. 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
accompanying papers, to a Commls-
sioner, for whose appointment. proVl-
sion ia hereafter made.
SEQ. 5. That said Commissioner
shall take. in writing, all the testimo-
nv 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 he papers TO the Court OF
Common Pleas. From the decision
of the Commissioner an appeal may
be taken to the Court by the party
or parties dissatisfied Herewith, as in
case of an appeal from the decision OF,
Referee appinted under the Code; If
there be no appeal, the Clerk of the
Court shall docket Judgment accord
ing to The report and decision OF the
Commissioner.
Sec. 6. In every case in which the
defendant, or defendants in any burn
ed Judgment or decree shall he absent
from und without the limits of this
State. in lieu of the service required
by this Act, it shall be sufficient to
publish, in newspaper of AbbeviIle
County, one months notice OF such
application, and, if the absentee's
residence is known, a copy of the pa.
per containing the publication shall
be mailed to his or her address: Pro-
vided, That nothing herein contained
shall prevent such absent defendant
or defendants. within two years after
the publication of the notice in this.
Section provided, from moving the
Court, upon a proper showing, to set
aside such judgment or decree.
Sec. 7. The County Commissioners
for Abbeville County shall, forthwith,
furnish the Clerk of said County with
a book or books of proper size, suita.
bly ruled and securely bound, to be
labelled "Abstract of Burnt Judg-
n.ents and DEGREES " in which the said
Clerk shall enter an abstract of every
such Judgment and decree, a 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
inaI 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 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 suffi-
cient in law for all purposes for which
the original record itself could have
been used. and Of equal auth horlty
Herewith in all respects.
scc. & In any case provided for in