The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-04-16
beamitlfin the County when such pr

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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
ns aforesaid, and his legal representa-
tives. If such respondent shall deny,
on oath, the former existence of such
record or other document, so attempt
cd to be set up, or shall deny, on oath,
that there is anything due thereon to
such applicant, or hisfegal reprcsen-
tatives, or shall 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 az
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 interrogatorics which may be
propounded to him under tho provl-
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 tho said Clerk shall record an
abstract of all the deeds, convey
anccs, 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,- a brief state
mcnt of the property mentioned in
tho deed or other instrument, the
date, of the paper, tho time when the
registry was made, and the certificate
of suck registry shall be entered anew
on said paper. And the said deeds,
conveyances, mortgages, settlements,
liens, and other Instruments IN wrl-
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
for a valuable consideration without
notice. ...-'
Sec. 10. That in case any deed, con-
vevance, settlcm ent. 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, set
tlement, agricultural lien, Or other
instrument in writing requiring regis
try, shall have been delivered to the
Register with such intent, aud shall
have been burned whilst in the office
of the Register of Mesno Convey
ance, and before redelivery 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 of judgments,
as aforesaid, and re corded by the
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, any lost,or burnt paper, accord
ing to the rules of evidence now ex-
listing.
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 aTlquestions to be referred
to him. as required under the provi-
sions of this Act
Sec. 13. The County Commissioners
are authorized and required to employ
the service of q competent person to
arrange properly, in the new Office of
the Probate Judge. Of said County,
all the records Of the late Court of
Equity which properly belong to the
Probate Court, and which were saved
in mixed and disorderly condition
from the lateefre in Abbevlle.
Sec. IA. That in cases where records
are'altogethor destroyed or burned,
the execution, excepted, the execution
shall bo taken as prima facae evidence
of the burned or lost record.
Sec. Is. That by the substitution
and removal ofjudgments and papers,
as provided by this Act, no party
shall have any other or greater right
than would have existed had the
Judgment and conveyance. mortgage,
settlement, lien, or other instrument,
in writing, never been burned, mis-
laid, lost or destroyed.
Sec. 16. The plaintiff shall pay the
costs of his application. to replace and
renew his judgment, as aforesaid, if
the defendant make default upon such
application or consent thereto. In
such cases, the plaintiff s costs, to be
paid him. shall be ten dollars for his
application. In cases whero judg-
ment does not pass against the dofen'
dant by default or by consent, and he
contests the plaintiffs claim or right,
the costs shalt be the same as providtd d
by the Code, and awarded 10 parlies
according 10 the Code Of Procedure.
The fees Of the Clerk and Sheriff shall
be the same as now fixed by law for
similar services, and those of the
Commissioners to be appointed under
this Act the same as were allowed to
Com misSioners in Ennity nv tho OF