The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-07-02

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-
cientin law for all purposes for which
the original record itself could have
been used. and of equal authority
therewith in all respects.
Sec. g. In any case provided for in
this Act, ifthe 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-
spondent to answer, on oath, as to the
former existence Of such record or
other document, and as to it's con-
tents, character and description, and
also as to the amount due thereon.
And in case such respondent, after at
least ten days. personal notice, (if be
be within the County when such pro-
ceoding is had, and twenty days if he
IS. not shall fail to answer, upon
oath, the interrogatories 80 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
forth in the applicants affidavit: Pro.
vided, That such admission shall only
affect the. party so failing to answer
as aforesaid, and his legal representa-
tives. IF such respondent shall deny,
on oath, the former existence Of such
record or other document, so attempt
ed to be t;np, or shall deny, on oath,
that there iszanything due thereon to
such applicant, or his legal reprcsen-
tatives, or sh II deny any other mates
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, be 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-
sionsJ of this Act. III.
Sec. 8. That the Commissioners of
the County shall provide book or
books for the Clerk of the 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
tho deed or other instrument, the
date of the paper, the time when the
registry wascmade, and the certificate
of suck registry shall be entered anew
on said paper. And the said deeds,
conveyances, mortgages, settlements,
liens, ard. other instruments in wri-
ting, shall begrecorded 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-
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 owner, or in case OF
any deed, conveyance, mortgage, set
tlement, agricultural lien, Or other
instrument in writing requiring gis-
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 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 recorded 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
esta ablishing, on the trial of any
cause, any lost or burnt paper, accord
ing to the rules of evidence now ex-
isting.
Sec. 12.' That the Judge Of the
Eighth Judicial Circuit shall have
power. to appoint person, who shall
be called a Commissioner, to hear
and decide all questions 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 a 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 late fire in Abbeville.
Sec. IA. That in cases where records