The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-08-06
o the best of his knowledge, rinfor

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 Cling said application.
Sec. 4 That if the party or parties,
served with notice us 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 applications answer, and any
accompanying papers, to. "A Commits,
sioner, fqr whose appointment provi'
sion is hereafter made. -.
Sec.S 5. That said Commissioner
shall take, in writing, all the testlmo'
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
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. II
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 be absent
from and without the limits Of this
State. in lieu of the service required
by this Act, it shall be sufficient to
publish, in newspaper of Abbeville
County, ono months notice OF such
application, and, if the absentee's
residence is knoyn, 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. T.. The County Commissioners
for AbbevIle County shall, forthwith
furnish the Clerk of said County with
q book or books of, proper size, suita
bly, ruled and securely bound, to be
labelled "Abstr;ct Of Burnt Jndg.
n.ent and DEGREES " in which the said
Clerk shall enter an abstract Of every
such Judgment and decree, 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
iual parties, plaintiffs and defendants
attorneys, the date of the signing of
the judgment or fling Of the decree,
the amount of thu 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 origin. 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 authority
Herewith in all respects.
Sec, 8 In any case 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 'heief. hat
a discovery from the party or-partles
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 he living and be within the
limits Of the State, call upon suchre-
spondent to answer, on oath, as to the
former existence Of such record Z 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 he
be within the County when such pro-
ceeding is had, and twenty days if he
IS not,) shall fail to answer, upon
oath, the interrogatories so propound-
ed. such failure to answer. (unIcss
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-
vidcd, That such admission shall only
affect the party so failing to answer
as aforesaid. and his legal representa-
tives. IF snch respondent shall deny,
on oath, the former existence of such
record or other document, SO attempt
ed to be set up, or shall deny, on oath,
that there is anything due thereon to
such applicant, or his legal reprcsen-
tatives, or sh II 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, be submitted
TO the Court Provided, That no costs
shall be taxed against the respondent